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• Program Description

Washington Department ofEcology's Hazardous Waste Program

-June 1999

# • This list ptecedes the Table ofContents to the Program Description ofJune 1998. It shows the significant federal hazardous waste rules that were adopted in 1993, 1995, and 1998 that are included in this Revision Authorization Application. The right-most column lists the Part and. Section in this Program Descriptionwhere the particularrule is discussed.



### Locations ofInformation Addressing SignificantNew Regulations Revision Checklist Number Federal Requirement FRReference & 

### Date Part:Section
34

39 Land Disposal Restrictions

CaliforniaList Waste Restrictions 51 FR40572 11/7/86

52 FR25760 7/8/87 1:lll.B.5 1:lll.E.7
1:III.B.5 I:III.E.7
39.1 CaliforniaList Waste 52 FR41295 10/27/87 I:III.B.5 

# • Restrictions; Technical Corrections l:llI.E.7
50 Land Disposal Restrictions for 53 FR31138 8/17/88 I:III.B.5 First Third ScheduledWastes I:III.E.7
50.1 Land Disposal Restrictions 54 FR 8264 2/27/89 I:III.B.5 I:III.E.7
62 Land Disposal Restriction 54 FR 18836 5/2/89 Amendments to First Third Scheduled Wastes' I:III.B.5 1:III.E.7



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66 Land Disposal Restriction for Second Third ScheduledWastes
Land Disposal Restrictions; Correctionto the First Third ScheduledWastes 54 FR 26594 6/23/89

54 FR 36967 9/6/89 I:III.B.5 I:III.E.7
I:llI.B.5 I:III.E.7

ProgramDescription- WashingtOnDepartment of Ecology Hazardous Waste Program Note: Eachsection designated by • capital letteris datedsepsrately. See Section Beadings for most recent update.78 Land Disposal Restrictions for Third Third Scheduled Wastes 

# 0 (See CL 78 inNon-HSWA ClusterVI) 55 FR22520 6/1/90 I:III.B.5 1:III.E.7 109 Land Disposal Restrictions for Newly Listed Waste and Hazardous Debris 57 FR 37194 8/18/92 1:III.B.5 1:I1I.E.7 123 Land Disposal Restrictions; Renewal ofthe Hazardous Waste Debris Case-by-Case Capacity Variance 58 FR28506 5/14/93 I:III.B.5 1:III.E.7 124 Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated 58 FR29860 5/24/93 1:11I.B.5 1:III.E.7 49 Identification and Listing ofHazardous. Waste; Treatability Studies Sample 

# 0 Exemption 53 FR27290 7/19/88 I:II.B.4
129
.Revision ofConditional Exemption for Small Scale Treatability Studies 59 FR 8362 2/18/94 1:II.B.4 'c, 79 Hazardous Waste Treatment, Storage, and Disposal Facilities- Organic Air Emission Standards For Process Vents and Equipment Leaks (See CL 87 in RCRA ClusterI) 55 FR25454 6/21/90 1:III.E.5
87

82 Organic Air Emission Standards for Process Vents and Equipment Leaks; Technical Amendment (See CL 79) Wood Preserving Listings 56 FR 19290 4/26/91
55 FR 50450 12/6/90 1:III.E.5
1:11I.A.7 1:I1I.B.2 

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2**~--** ---**~-----** -----

- - ---- -- ---. Pro8'= Description- WashinglOn Department ofEcologyHazardous Waste Note: Eacb sectiOD designated by a capital IctU:riJ dated separately. See SeeliOD BeadiDgs for most rca:D. update.

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• 3 Program Description- Washington Department ofEcology Hazardous WasteProgram Note: Each sectiODdesigoated by a capital letteris dated separately. See SectioD BoadiDp for most .......t update.

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• TABLE OF CONTENTS (last cbanges/corrections to Program Description: 5/15/98)


### PART I REGULATORY RULES AND 

### PROCEDURES I. Introduction A. Scope B. Coverage C. Summary ofProgram Goals and Regulatory Implementation D. Puyallup Reservation Non-trust Lands Within the 1873 Survey 

### Area II. Regulatory Summary and History A. History Leading to Base Program Authorization B. General Outline ofWashington's Base Authorized Program 1. Designation Summary 2. Waste Tracking Summary 3. EHW (extremely hazardous waste) and TSD (treatment, storage, and disposal) Facilities 4. Regulatory Reform Project C. HSWA (Hazardous and Solid Waste Amendments) D. Routine Updating for Federal Consistency 

### III. Detailed Outline ofAmended Washington State Dangerous Waste Regulations A. Waste Designation Regulations
. 1. Designation Lists 2. Designation Characteristics 3. State Criteria a. When to Designate for Criteria b. How to Designate for Criteria 4. Special Wastes 5. Mixed Wastes 6. Exempting and Excluding Wastes 7. Waste Designation Federal Equivalency and Routine Updating B. Regulations Pertaining to Generators 1. General Summary 2. Accumulation ofHazardous Wastes for Short Periods 3. Manifests 4. Annual Reporting and Record Keeping 5. Land Disposal Restrictions 6. Foreign Exporting 7. Exemptions 8. Reduced Requirements for Medium Quantity Generators and Conditionally Exempt Generators a. MQG (medium quantity generators) Reduced Requirements 4 ProgramDescription- WashingtOnDepartmentofEallogy Hazardous Waste Program Note: Eacb section designated by I capital letteris doted seplratdy. See Section Headings for most recent updote.

### b. SQG (small quantity generators) Conditional Exemption C. Regulations Pertaining to Hazardous Waste Transporters D. Regulations Pertaining to Recycling Facilities E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities 1. General Regulations 2. Siting Rules 3. Tank Standards 4. GroundwaterMonitoring

. 5. Organic Air Emission Standards

6. Foreign Waste Importation Rules 

## 7. Land Disposal Restrictions 8. Permitting Requirements F. Other Generator, Transfer/Transporter, and TSD Requirements G. Corrective Action Authorization 1. Federal Regulations for Corrective Action 2. Alternative Authorities Initiative 3. Washington's Model Toxics Control (MTCA) Act. 4. Prioritizing Corrective Action Work**5~** 

### Cost Recovery 

### IV. Public Involvement and Availability ofInformation to the Public V. Revision of the State Program A. 

### Statutory changes B. Regulatory changes


### PART II PERMITTING REGULATIONS AND PROCEDURES I. Introduction II. Interim Status Permits- Existing Treatment, Storage and Disposal Facilities (TSD) III. Final Status Facility Permits A. 

### General Information B. Final Facility Permit Regulations C. New Facility Permit- Additional Requirements 

### IV. OtherTypes ofDangerous Waste Management Facility Permits A. 

### Permitby Rule B. 

### Emergency Permit C. Trial Bums Permit (for DW (dangerous waste) IncineratorFinal Facility Permit)

.D. Demonstrations Permit (for Dangerous Waste Land Treatment Final Facility Permit)

E. Research, Development, and Demonstration Permit

ProgramDescription- WashingtOn DepartmentofEcologyHazardousWastePrognm Noto: Each sectiOD designated by • cap;laIlol1er is dated separately. See SecliOD Beadings ror most recent opel.to. 

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• v. PermitModifications VI. PermitReview and Approval/Denial Process for Existing and New TSD Facilities A. Ecology Review and Approval/Denial B. Judicial Review ofPennits 

### PART III COMPLIANCE MONITORING AND ENFORCEMENT I. Authority II. Facility Inspections/Visits (With and Without TargetNumbers) and Selection Criteria A. Introduction B. Mandatory Inspections C. Non-Mandatory Inspections/Visits 1. State Priority Inspections 2. Compliance Assistance Visits a. New Notifier Visits b. Increased Generator Contact Visits c. Joint Site Visits d. Small Quantity Generators e. Focused Industry Campaigns 3. MultimediaInspections 4. Criminal Investigations D
.. Corrective Action Compliance Monitoring 1. Corrective action compliance monitoring inspections 2
.. Comprehensive groundwatermonitoring evaluations 3.. Operation and maintenance inspections 4. Case developmentinspections 5. Compliance schedule inspections 

### III. Enforcement Procedures A. 

### Informal Enforcement B. Formal Enforcement 1. Administrative orders 2. Agreed Order 3. Consent Decree 4. Injunctive Relief 5. Penalties C. Criminal Prosecution 

### IV. Appeals and SettlementProcedures A. 

### Appeals Process 1. Application for Relief 2. Appeal to the Pollution Control Hearings Board (PCHB) B. Innovative SettlementProcedures

- 6 ProgramDescription- Washington DepanmentofEcology HazardousWasteProgram Note: Each section desigaated by a capital letteris dated separately. See SeetiOD Headings for mostrecent update.1. Innovative Enforcement Settlement Guidelines 

### V. House Bill 1010 (RCW 43.05)-Technical Assistance Programs A. Purpose ofHB 1010 B. Provisions ofHB 1010 

### PART IV DATA COLLECTION AND MANAGEMENT I. Information Management Introduction II. Hazardous Waste Annual Reporting A. Previous Hazardous Waste Reporting System (Form 4/Form 5) B. New Hazardous Waste Reporting System 

### III. OtherImportantData Systems A. Institutional Memory B. Monthly Report Database C. Pollution Prevention Opportunities Database 

### IV. Regulated Community Data Estimates A. Number ofNotifiers by Activity Reported B. Amount ofWaste Treated, Stored, and Disposed 

### PART V AGENCY STRUCTURE, BUDGET, AND RESOURCE ASSESSMENT I. 

### Agency and Hazardous Waste Program Organization and Responsibility 'A. Department ofEcology Organization B. Hazardous Waste/Toxics Reduction Program (HWTR) Responsibilities & Organization 1. Responsibilities and Tasks a. Compliance Monitoring and Enforcement b. Voluntary Compliance and Education c. Promotion ofPollution Prevention and Toxics Reduction d. Develop and Maintain Information Data Management and Reporting 2. HWTR Organization a. Headquarters Sections Organization b. Regional Sections Organization 

### II. Hazardous Waste and Toxics Reduction (HWTR) Program Funding Sources III. Program Planning Process

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__ ProgramDescription- Washington DepanmentofEcology HazardousWaste Program Note: Eacb sectiODdesignated by a capital letter is dated sepantdy. See SectiODBeadiDgs for most .......t update. 

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• TABLES Table 1. Permits for Hazardous Waste Facilities Table 2. Funding Profile for the 1995-97 Biennium (July"1, 1995 - June 30, 1997)



### FIGURES Figure 1. Designation Flow Chart Figure 2. Permit Process for Dangerous Waste Facilities Figure 3. Permit Process for Applications Priorto New Siting Criteria Figure 4. Washington State Department ofEcology Figure 5. Hazardous Waste and Toxics Reduction Staff- Headquarters Staff Figure 6. Hazardous Waste and Toxics Reduction Staff- Regional Staff



### APPENDICES Appendix 1. HWTR Compliance Assurance Policy Table 1. Determination ofPenalty Amount Appendix 2. Department ofEcology Innovative Settlement Guidelines Appendix 3. HWTR Report Form for Facility Technical Assistance Visits and Compliance Inspections Appendix 4. EPAIEcology Memorandum ofUnderstanding on the RCRA Information System (RCRIS) Table (unnumbered). lOR Table Appendix 5. Memos Addressing the Applicability ofHB 1010

8 ProgramDescription- Washington Department of EcologyHazardous WBSlC Prognun Note: Eacb section dosigJUltedby I Clpitalletter is dated sepvately. See SectiODHCldiDgs for most eeeeet update.

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• PART I REGULATORY RULES AND PROCEDURES
I. Introduction A. Scope (last update: 5/15/98) This program description is the core ofthe State ofWashington's application for authorization of the "Hazardous Waste Management Program" which is operatedby The Department ofEcology (Ecology). The Hazardous Waste Management Program was developed, and is continually evolving, to provide a comprehensive program that is equivalentto, consistent with, and at least as stringent as the Federal RCRA (Resource Conservation and Recovery Act) program. The authorized State regulatory program is intended to operate in lieu ofall portions ofthe Federal RCRA program for which the State has been authorized. Some ofEPA's rules promulgated pursuantto RCRA have not yet been adopted by the State; however, Ecology will continue to work towards adopting remaining RCRA regulations according to schedules mutually agreed upon between Ecology andEPA. All persons who generate, transport, transfer, recycle, treat, store, or dispose ofdangerous wastes, as defined in the Dangerous Waste Regulations, Chapter 173-303 Washington Administrative Code (WAC), are effected. The primary purpose ofthe Dangerous Waste Regulations is to protectpublic health and the environment from impropermanagement of dangerous waste. The State program, administered by Ecology, has regulatory authority over' nearly all areas ofdangerous waste management, including notification, inspection, monitoring, permitting, compliancemonitoring, manifest tracking, corrective action and enforcement. 

### B. Coverage (last update: 5/15/98) Ecology amended its regulations in November 1995 and February 1998 to update the Federal portions ofthe State rules to be consistent and equivalentto RCRA, and to implement recommendations from Ecology's Regulatory Reform Projectrelevant to some ofthe "Stateonly" portions ofthe rules. As indicated in the summary and details below, many ofthe concepts developed for the 1980 rules remain essentially the same. Other areas, such as the listing approach and standards for dangerous waste management (Treatment, Storage, and Disposal or TSD) facilities are directly from RCRA,**~hile** others have been changed by recent amendment to reduce regulatory burden while maintaining protection ofhuman health and the environment. 

### C. Summary ofProgram Goals and Regulatory Implementation (last update: 5/10/96) This Program Description explains the goals ofEcology's Hazardous Waste Program and provides details on the regulatory framework for achieving those goals. In summary, the regulatory structure, codified as Washington Administrative Code (WAC) 173-303, is designed 9 ProgramDescription- Washington DepartmentofEcology Hazardous Waste Program Note: Each section desigmted by. capitol letter is doted sep.ntdy. See Section HadiDgs for most receot DpeI.1e.to achieve the following: (a) Designate those solid wastes that are dangerous or extremely hazardous to public health and 

# 0 the environment; (b) Provide for propermanagement ofdangerous wastes until they are recycled, reclaimed, treated, or disposed ofsafely; (c) Encourage recycling, reuse, reclamation, and recovery ofdangerous wastes to the maximum extent possible; (d) Provide a manifest system for tracking, reporting, monitoring, record keeping, sampling, and labeling ofdangerous wastes; (e) Establish requirements for the siting,design, operation, and monitoring ofdangerous waste management facilities; (f) Establish and administer a program for permitting dangerous waste management facilities; and (g) Provide for enforcement against persons who violate the requirements ofthe act and the Dangerous Waste Regulations. D. Puyallup Reservation Non-trust Lands Within the 1873 Survey Area (last update: 5115/98) The State's authorized program was revised in 1998 to include the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation pursuantto the August 27, 1988 settlement agreement between the Puyallup Tribe, Federal, State, and local governments (Settlement Agreement), ratified by Congress and incorporated in Federal law on June 21, 1989 as the Puyallup Tribe ofIndians Settlement Act of 1989, 25 USC Sections 1773, et. seq. (Settlement Act). The State carries out all aspects ofthe authorized dangerous waste program subject to the limitations below. The State authorized program that is implemented on the non-trust lands within the Puyallup reservation includes waste designation requirements; generator, transporter, and recycling requirements; treatment, storage, and disposal (TSD) facility requirements; permitting procedures; corrective action requirements; and compliance monitoring and enforcementprocedures. The State authorized dangerous waste program is subjectto the following limitations: The authorizedprogram does not extendto Indians orIndian activities within the 

### 1873 survey area. EPA retainsprimary responsibility for implementing ReRA on the trust lands, andover Indians andIndian activities on the non-trust lands within the 

### 1973 survey area. EPA and Ecology have developed an implementation strategy 

### (part ofthe Memorandum of Agreement submitted with this authorization application) that will be used to communicate changes injurisdiction from Ecology to EPA, or from EPA to Ecology. The "Implementation 10 1'rogTam Oesaiption- Washington Department .fEcology Hazardous Waste Ptognm Note: Each section desigJUltedby a capitalldter is dated separately. See SeelionHeadings ror most reeat update. 

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• Strategy for Lead Regulatory Agency Changes" will be used to facilitate information sharing and communicatingjurisdictional changes on the non-trust lands within the 1873 Survey Area ofthe Puyallup Reservation. The State will participate in providing intergovernmental consultation and coordination of federal, tribal, state and local governmental environmental laws pursuant to the January 13, 1997 Intergovernmental Agreement among the Puyallup Tribe ofIndians, the Washington State Department ofEcology, and the US Environmental Protection Agency (Intergovernmental Agreement). 

### II. Regulatory Summary and History A. History Leading to Base Program Authorization (last update: 5/10/96) In order to implement a legislative mandate set forth in the Washington Hazardous Waste Disposal Act of 1976 (amended in 1980), [Chapter 70.105 RCW (Revised Code of Washington)], the Washington Department ofEcology adopted hazardous waste rules in late 1977. These rules, adopted as Chapter 173-302 WAC (Washington Administrative Code), empowered Ecology to define, track, and regulate the disposal ofextremely hazardous wastes.

.While the legislationestablished another category ofwastes, called dangerous wastes (DW), Ecology, at that time, was not authorized to regulate such wastes. In May of 1980, the 

### UnitedStates Environmental Protection Agency (EPA) promulgated federal hazardous waste regulations in order to implement a federal mandate set forth in the 1976 amendment to the federal Solid Waste Disposal Act (this amendment is known as the Resource Conservation and Recovery Act, or RCRA). Federal RCRA requires EPA to develop nationwide standards for controlling hazardous waste handling, transportation, treatment, and disposal. It also requires that states that want to operate hazardous waste programs in lieu ofthe federal program, known as "authorized" state programs, must adopt state regulations that are "essentially equivalent" or "consistentand equivalent" to EPA's rules. Federal hazardous waste rules were set forth in 40 CFR (codified federal register) Parts 260-268. Procedures and requirements for authorization are found in 40 CFR Part 271. EPA authorizes state programs that are equivalent to the federal program and may authorize state programs, or portions thereof, that are more stringentthan the federal program. EPA cannot authorize state programs, or portions thereof, that are broader in scope than the federal program. In 1980, the Washington State Legislature amended the Hazardous Waste Disposal Act to give Ecology authority to regulate dangerous waste as well as extremely hazardous waste, and to gain federal authorization for the State's RCRA hazardous waste program from EPA. In September 1980, Ecology began the process ofreplacing its 1977 regulations (chapter 173-302 WAC) with new "consistent and equivalent" rulesthat would allow the state to gain EPA authorization to operate a hazardous waste program. As part ofthe authorization process, Chapter 173-302 WAC was officially repealed and replaced with Chapter 173-303 WAC, the Dangerous Waste Regulations, on February 3, 1982. In 1983, 1984, and 1985 the Legislature increased Ecology's authority to develop and implement a program consistent with RCRA. By concentrating on rule developments necessary to be consistent with Base RCM (pre- 

### i 984 HSWA (Hazardous and 11 I'rognm Description- WashingtOn Department ofEcology Hazanlous Waste I'rognm NOIe: Each seelioo designated by a capitalletleris dated separately. See Section HeadingJ ror most recent update.Solid Waste Amendmentsj), Washington received fmal authorization for the RCRA program on January 30, 1986 (see federal register 51 FR 3782). B. General 

### Outline ofWashington's Base Authorized Program (last update: 5/10/96) In broad terms, the purposes ofthe Dangerous Waste Regulations are: to implementthe legislative mandate to operate a State program for controlling Dangerous Waste (DW) (lower risk) and Extremely Hazardous Waste (EHW) (higherrisk) that is consistent with federal regulations; to provide a means ofdefining and designating DW and EHW that is consistent with federal regulations; to establish a system for tracking DW and EHW shipments consistent with federal regulations; to develop federally consistent standards for propertreatment, storage, and disposal ofDW and EHW; and to allow issuance offederally consistentpermits to facilities that treat, store, and dispose ofDW and EHW
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1. Designation Summary While the State Dangerous Waste Regulations are consistent with federal regulations, the "degree ofrisk" classification system and rules for an EHW facility at Hanford are unique to Washington state. Priorto 1981, Ecology identified dangerous wastes according to the degree ofhazard posed by a waste to the public health and the environment. The waste classification system implemented by Ecology to designate that degree ofhazard included assessing wastes by three criteria: their level oftoxicity, persistence in nature, and potential carcinogenic risk (note: the carcinogenicity criteria was dropped in the November 1995 rule revisions- see below), as well as their tendency to ignite, corrode, and explode, or to fail EPA's tox1city test. When the State of 

# 0 Washington replaced its 1978 regulations regulating dangerous waste (Chapter 173-302 WAC) with new regulations (Chapter 173-303 WAC) designed to be at least as stringent as federal RCRA standards, these three criteria were added to the federal lists and characteristics (these characteristics included the tendency to ignite, corrode, explode, plus the tendency to leach certain chemicals to groundwater) as additional ways to designate wastes, resulting in more wastes being classified as dangerous than using the federal approach alone. Depending on the amount ofhazardous waste generated or stored by hazardous waste generators, they may qualify for reduced regulatory requirements. The term quantity exclusion limit (QEL) is used to signify the maximum amount ofa waste that can be generated or stored and still qualify the generatorfor a given category ofreduced regulatory requirements. These are discussed in Section III.B. below (Regulations Pertaining to Generators). The federal term "acutely hazardous waste" and the State term "Extremely Hazardous Waste" (EHS) are important in making QEL determinations. Acutely Hazardous Waste is defined as any discarded chemical products (listed in WAC 1734-303-9903) that are identified with a dangerous waste number beginning with a "p". (p-listed waste), or one ofthe following dangerous waste sources (listed in WAC 173-303-9904): F020, F021, F022, F023, F026, or F027. While P-listed wastes are designated "DW" they must also be identified as "acutely hazardous"; they have a generation QEL of2.2 pounds per month. "Extremely Hazardous Waste is a State designation term. It applies to those dangerous and mixed wastes that designate as extremely hazardous under the State-only dangerous waste criteria specified in WAC 173-303-100; essentially they are highly toxic or highly persistent wastes. Toxic criteriaEHW 

### has a generation QEL of2.2 pounds per 

# 0 month, while persistence criteria EHW has a generation QEL of220 pounds per month.
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ProllJ8lllDescription- Washington Depanmentof Ecology Hazardous Waste Program Note: Eacbsection desigooted by a capitol letter is doted separately. See Section Headings for most recent npelote.

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• 2. Waste Tracking Summary Washington's Dangerous Waste Regulations have based the tracking ofdangerous wastes, as they move from the generator to a final disposal site, on the use ofa manifest system. These tracking regulations differ very little from the federal tracking system standards. The manifest, prepared by the generator, states the type, amount, origin, transporter, and final delivery point for a dangerous waste shipment. The manifest must be signed by the operator ofthe disposal site and returned to the generator to signify acceptance ofthe waste shipment. Ifthe generator does

. . not receive a signed manifest copy from the disposal sitewithin a specified time, Ecology must be notified. Ecology then initiates a search for the missing waste. 

### 3. EHW (extremely hazardous waste) and TSD (transport, storage, and disposal) Facilities Rules for the operation and maintenance ofthe extremely hazardous waste (EHW) management facility at Hanford (this was to be the only facility in Washington that would dispose ofEHW) were adopted late in 1977 under Chapter 173-302 WAC. However, funds for constructing such a facility were never appropriated. Standards for the design and operation ofdangerous waste treatment, storage, and disposal (TSD) facilities were later developed to be equivalentto RCRA .standards. These standards have been revised to keep pace with changes at the Federallevel. Because no facility for disposal ofEHW exists in the State, all EHW mustbe exported to permitted facilities outside the State. 

### 4. Regulatory Reform Project In 1993, a regulatory reform projectwas undertaken to study options for reducing the regulatory burden ofChapter 173-303 WAC (Washington Administrative Code) without compromising protection ofhuman health and the environment. This project focused on State-only requirements. Several changes were made to the "special waste" provisions. The "special waste" revisions provide generators with disposal options within Washington State thereby implementing the "close to home" policy ofthe Hazardous Waste State Plan: Federal requirements were affected only where some more stringent State requirements were made equivalentto Federal requirements. Rule amendments were adopted in November 1995 that implementedthe recommendations ofthat study. The most important changes included: Eliminating the State-only Carcinogenicity Criteria (relying instead on the Persistence and Toxicity Criteria); Removing the redundant Extremely Hazardous Waste (EHW) requirements from federal wastes, and eliminating or modifying the EHW requirements that are no longer effective;

, Raising the Small Quantity Generator DW accumulation limit from 220 pounds to the federal 2200 pound limit; Adopting a number ofpreviously unadopted federal exclusions. Among the most important is the adoption ofEPA's Ten Percent Solvent Rule to eliminate the confusion caused by a state-only waste (solvent below the 10% threshold) having a federal waste code. The amendmentto the treatability exclusion (under which generators can send waste samples to laboratories for treatability studies) was adopted to increase the size ofsamples that can be 13 ProgramDescription- WashingtOn DepanmentofEcologyHazardousW
.... Program Note: Each ..mOD desigllated by • capital Jetter is dated separately. See SectiODHcading> for most recent Dpdat
..used for treatability studies; Revising the "special waste" definition"to exclude toxic waste with toxicity from 0 to 500 

# 0 mg/Kg oral rat (this waste would be regulated as dangerous waste), and expanding the definition ofspecial waste to include solid Category D toxicity wastes and low level PCB contaminated solid waste; Redefining mariagement standards for special waste and prescribing a specific disposal standard- Municipal Solid Waste Landfills permitted in accordance with Chapter 173-351 WAC. Disposal facilities with protective design standards and comprehensive monitoring requirements did not exist when the special waste rule was first developed in 1984. The new standards make it possible to safely manage these wastes without using a hazardous waste facility, and reflect the lowerhazard ofspecial waste, relative to other dangerous waste; Amending the bioassay designation process in orderto align the fish bioassay designation level of 100 mgIL to the acute oral rat toxicity designation level of5000 mglkg; and Revising the PCB listing at WAC 173-303-9904 to achieve the following: 1) eliminate confusion by clarifying which wastes are captured by the listing, 2) better coordinate with regulation ofPCBs under the Toxlc Substances Control Act (TSCA), and 3) simplify the regulatory requirements. C. HSWA Amendments (last update: 12/4/96) 1. General Provisions In 1984, Congress passed the Hazardous and Solid Waste Amendments, known as HSWA, to RCRA. The HSWA amendments significantly expanded the scope ofthe federal hazardous waste programto include requirements for burning and blending ofhazardous waste fuel, regulation ofused oil, restrictions on the land disposal ofhazardous waste, and corrective action at hazardous waste management facilities. 2. HWSA Corrective Action Summary In the legislative history ofHSWA, Congress noted that a significant number ofhazardous waste management facilities that received RCRA permits were becoming Superfund cleanup sites due to releases ofhazardous waste and constituents from non-RCRA regulated units. Congress also noted that the stringentwaste management requirements passed under Base RCRA only addressed wastes generated and managed afterthe passage ofthe RCRA law and did nothing to address past waste management activity. By imposing corrective action requirements on owners and operators ofhazardous waste management facilities', Congress provided EPA a mechanism to address hazardous waste contamination at RCRA regulated facilities without depleting the publicly funded Superfund. 

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The HSWA amendments authorize EPA to: Under RCRA Section 3004(u), require corrective action for releases ofhazardous waste and 

# C) hazardous constituents from any solid waste managementunit at a hazardous waste treatment, 14 ProgramDesaiption- WashingtOn Departmentof EcologyHazardousWasteProgram Note: Each sectiODdesignaUd by • capital letter is claUd separately. See S<etiODHeadings ror most recent update.

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• storage, or disposal facility subjectto a RCRA permit, The corrective action is required regardless ofwhen the waste was placed in the unit; financial assurance for the completion of corrective action is also a requirement. Under RCRA Section 3004(v), require corrective action for releases ofhazardous waste and hazardous constituents that have migrated beyond the boundary ofa hazardous waste treatment, storage, or disposal facility subjectto a RCRA permit, and require financial assurances for the completion ofsuch corrective action. RCRA Section 3008(h) provides for Federal enforcement ofcorrective action requirements. This allows EPA to issue administrative orders or initiate court action to require corrective action, or any other response necessary toprotect human health orthe environment, when a release of hazardous waste or hazardous constituents is identified at a RCRA interim status facility. RCRA Section 3008(h) is a federal enforcement authority and cannotbe delegated to states. Only the requirements ofRCRA Sections 3004(u) and 3004(v) can be delegated to states. The state ofWashington has an authorized Corrective Action Program that relies on the State's Model Toxics Control Actregulations to implement corrective action requirements; these regulations were originally designed to clean up abandoned contaminated hazardous waste sites. Authorization ofEcology's Alternative Authorities Initiative for corrective action was the first EPA authorization ofa corrective action program relying on an existing state cleanup authority. See Section III.G. below for more details on the State's Corrective Action Program.

The Dangerous Waste Regulations were most recently amended in February 1998 to be equivalentto, and consistent with, RCRA
.. Nearly all the federal baseRCRA requirements have now been incorporated into Chapter 173-303 WAC. Many ofthe HSWA rules, such as , corrective action, the land disposal restrictions, and the Toxicity Characteristic (TC) rule, have also been adopted. 

### III. Detailed outline ofAmended Washington State Dangerous Waste Regulations The following descriptions provide a basic outline framework and substantive details for the amended (mostrecently, February 1998) Washington State Dangerous Waste Regulations, Chapter 173-303 WAC (Washington Administrative Code)
. 15 Program Description- Wasbing10n DepanmentofEcologyHazardousWasteProgram Note: Each _00 designated by. eap;taIlet1er is Ibted separately. See SecbOD Beadings for most reant update.In numerous instances, Chapter 173-303 WAC incorporates federal 40 CFR (codified federal register) regulations by reference. Ecology assures that the State's reference is current with any 

# 0 EPA changes by updating the date specified in WAC 173-303-045. This regulation states, in part: "Any references in this chapterto any parts, subparts, or sections from EPA's hazardous waste regulations, including 40 CFR Parts 260 through 280 and Part 124, are in reference to those rules as they existed on July 1, 1996." 

### A. Waste Designation Regulations (last update: 1216/96) Ecology includes procedures in Chapter 173-303 WAC for identifying solid wastes. These procedures are essentially identical to EPA regulations, with some exceptions for materials that would not be federal solid wastes (i.e., the state-only wastes). Ecology's requirements assure that any materials EPA considers to be solid wastes,will be also be managed as solid wastes by the State. Washington's designation scheme relies on three mechanisms to designate wastes as dangerous: lists, characteristics, and the state-only criteria. This scheme incorporates and expands upon EPA's waste designation procedures. 

### Figurel, titled Designation Flow Chart, gives a "decision tree" for designation ofsolid wastes in Washington. Majorfeatures ofthe designationprocess are explained below. 

### 1. 

### Designation Lists The Washington lists are based on EPA's lists. The EPA procedures for designating wastes depend primarily on two lists: the Discarded Chemical Products List and the Hazardous Waste Sources List. Both ofthese lists were developed by EPA and adopted by Ecology (see WAC 173-303-9903 and 9904). EPA's criteria for listing were based on the toxicity, persistence, carcinogenicity, ignitability, corrosivity, and reactivity ofwaste. For the Discarded Chemical Products list, EPA considered many common commercial and off-specification manufacturing chemicals and listed those that met the criteria. For the Sources List, EPA studied data on various industrial processes and their typical waste streams then listed those sources ofwaste that metthe criteria. As in the EPA lists, Ecology further assigns an acutely hazardous designation to "P" listed chemicals and waste sources**F020-F023~** F026, and F027; the acute hazard designation indicates that a 1 kilogram (2.2 pound) ratherthan a 100 kilogram (220 pound) quantity exclusion limit applies to these chemicals/waste sources. 

### 2. Designation Characteristics The second designation mechanism is the dangerous waste characteristics. Wastes with the following physical hazards may be designated as dangerous: ignitable - wastes that are highly flammable; corrosive

- wastes that are highly acidic or alkaline (the State also regulates solid corrosive wastes); reactive

- wastes that are explosive, unstable, or would readily release toxic fumes; and, wastes that are toxic according to the Toxicity Characteristic Leaching Procedure (TCLP), that is, wastes containing concentrations ofvarious (currently 37) listed metals, pesticides, or non-pesticide organic chemicals above the regulatory thresholds.

16 Prognm Desaiption- WashingtOn Depanment of EcologyHazardous WasteProgram Note: £aeb sectiOD designated by a apilalletteris dated Rparatdy, See SeetiOD HeadiDgsfor most _t update. 

# '0



# o

# • Figure 1. 

### Designation Flow Chart (last updated:1214196) 

## Waste lesisnatiln**"thIIXlCllyilli~1etllZ** T.xicEHW**"tIlluicitylll~~** "thtoxic illi ,elSisttnlEHW "thllxicani ,.rsistenlEHW lothlIXicilyilli ,ersisletllZ WAC 7l3.J13-I1I(3)(iXW) e Yw ire illSIG WAC 173-313-1lI(I}li}{IJ e Y,u will

.. usinf S,ecQlKIlsIe€x&Jusi,n WAC /73-313-173 eY,urusd,illlliJl

.. ilInUl,,_fYreuvery WAC /73.J13-515(/}(I) e r,uwill"/wzs,lIlinfYIUf 'Ritet, iflrwunier I'ermd-iy-role WAC 173-3I3-112(4)(e)**eYIUfWiSleIlliJI"~ISe~""'~1ln~in ~infl,n**  WAC 173-313·/41 

# I I waste '15.**.tscmd~** SoIe!dhe "ItS

# ~r 

# 1- ChemIcal lhJsoj Inpiell WIG173-3G-!!13 Nt U**I'ra~uct** IN'tw)



### ... Nt NI 

# .. WIGI73-3G-!!t4**-~** 

# t :! 

# I lan!eraus 

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# H t .1 WasteSaurce
. NI (AHW)



### - I 

### ·1 Li";i"'''Aash.-;rt<t41 "ItS I!lnitaltle 

### I Nil 

## I IfitaieSolii 1"ItS Nil 

# H I.l·l

## I "ItS IfliIDIeGis Nil 

## I 4!CFlII711S1 billet I "ItS NI 1 

### I Carras/ve

........ 'i
..iwll1/H
..2J.12.5-1U "ItS



### ... NI 1112 

## }-- ;: I Li
.... Cw_Sed >I2Sln(Uil!lIIW :! 

# .. NI 

### ... r

# ws:2l- 

# .. I SoIii'-'!leiwlh5l'4H2""" /H**"2.I.l~'U** "ItS co 1 

# .. Nil 

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# .. '" 

### I co 

## I Ileactlve**Cya1iie.~*** bn, 1"ItS NI' 

### I 1'QI.,/leac1iIe "ItS Nil 

### I UlstaIe I "ItS Nit 

# r**~Ei** ... '16 Nil 

### I TeLP Cw'IanslC "ItS**~1CI!** "ItS ExtUits**Tui:i~** "ItS 

## 1 ClrQil= CtnlelillilS NI Nt 

### I I TESTlr.G**MS1.~** "ItS

## .Rea~ 

## ITalicity I III
..IK llMi<
.. Toxilily112

## 1 'I6...r 1 lei
..• 1fSIl. Ielorrire**c~ ECr;a'~\iIn**  WTI1(EHN) 

## 1 I WTI2(w.'/) Nil 

### I 

# 1 1 

# .. :: 

## I Persistence I I**H~~"** t+,ft:aIMl1 I'ft1 (eM') 

### l- e ".l1l1 Wl'I2(..-I) co Nil i'tIsii:tneTaie 

# I**~)ClCic-c~** I'ftl(eM') >1.1% tsoetill) ,I Summarizewaslc Clfes NI I NIT 2) IIone(EHW )coieis;v.",

w:llle dais(EHW) 3) IInl(EHW) coieis!iven.

w:llledais(IWj • TIassure (lIIlI1fwaste-semen. JIlIIIlIISt CIII1bIlIell esIp;d8 II- F

..... e Y'Ufwaste Uesn,l tesijtWuner**-lisJ~" .~.**  ,. 

# • •

17 Program Dcscriptiou- WubinglOD Department of EcologyHazardous WaleProsram Note: Eaeb _Iioa daipakd by a capital lett
... is dakd sepantely. See ScctioaHeadiap for most recml update.

### 3. State Criteria 

# 0 Finally, Ecology supplements these lists and characteristics with its own criteria for: 1) toxicity, and 2) persistence (athird criterion, carcinogenicity, was dropped with the November 1995 rule revisions; carcinogenic chemicals, which strongly correlate with the acute toxicity and/or persistence criteria, are now regulated through those criteria.) The criteria apply to wastes that are not "listed" or "characteristic" wastes.


### a. When to Designate for Criteria To be consistent with the Federal Land Disposal Restrictions (LDR), i.e. to ensure that all applicable waste treatment codes will be identified, Ecology's rules require that wastes be designated for 

### both the lists and characteristics; that is, even ifa waste designates as a dangerous waste because it is a listed waste, it must still be tested to determine ifit also designates for one or more characteristics in order to meet the LDRrequirements. But, ifa waste designates under "lists" or "characteristics", it is 

### usually not necessary to also designate for the two State criteria
.. The major exceptionto not having to designate a waste for State criteria even ifit has already designated as a "listed" or "characteristic" waste is: when the generator ofa "listed" or "characteristic" waste would qualify as a Small Quantity Generator (conditionally exempt). In this case, the waste must also be designated for the Toxic EHW (extremely hazardous waste) criteria. Ifthe waste designates as State EHW, the quantity exclusion limit is reduced to 1 kilogram (2.2 pounds), and the generator's SQG (small quantity generator) status will no longer be valid (assuming there is more than 1 kilogram ofthe waste). Other less frequent cases in 

# 0 which further designation of"listed" or "characteristic" wastes for State criteria are necessary (or further designation ofa State-only DW (dangerous waste) waste for EHW) are specified 

### in WAC 173-303-070(5). Waste that 

### does not designate as "listed" or "characteristic" mustbe further designatedfor the State Toxicity and Persistence criteria for all constituent compounds and/or constituent concentrations ofthe waste known to the generator. Ifa generatorknows only some ofthe toxic or persistent constituents in the waste or only some ofthe constituent concentrations, and ifthe waste is undesignated for those known constituents and concentrations, then the waste is not considered designated for toxicity or persistence. However, notwithstanding any other provisions ofChapter 173-303 WAC, Ecology has the discretionto require a generatorto test a waste according to the methods, or an approved equivalent.method, specified in WAC 173-303- 110 to determine whetherthe waste designates under one ofthe lists, characteristics, or criteria. 

### b. How to Designate for Criteria When it is necessary 

### for-a generator to designate a waste for State criteria, one ofthe following two methods mustbe used to determine ifa solid waste designates under State criteria: 1) "book designation" may be used for the toxicity criteria using the procedure specified in WAC 173- 303-100(5)(b), or, for the persistence criteria, knowledge ofthe waste may be used along with the procedure specified in WAC 173-303-100(6)(b)-(d); or, 2) a bioassay maybe used according to the Sampling and Testing Methods specified in 173-303-110. 

# 0

18 ProgramDescription- WashingtOn Department ofEcologyHazardouS WasteProgram Note: Each section clesigaated by a capital I etter is dated separately. See SectiOD Headings for most rec:eD1 Dpdate.

# •

•

• 4. Special Wastes Ecology regulations provide for a category ofState-only waste called "special waste". This category includes solid State-only dangerous wastes that are considered to be a relatively lower hazard to human health and the environment. They can be safely managed with a level of protection intermediate between dangerous and non-dangerous solid wastes; under certain circumstances they may be disposed ofin municipal solid waste landfills
...Regulations concerning the conditional exclusion ofspecial wastes from the full requirements ofChapter 173-303 WAC are contained in WAC 173-303-073. 

### 5. Mixed Wastes Ecology has provisions in State law that allow the State to regulate mixed wastes containing hazardous components subject to the Resource, Conservation and Recovery Act (RCRA) and radioactive components subject to the Atomic Energy Act (AEA). RCW 70.105.109 (Revised Code ofWashington) states that "The Department ofEcology may regulate all hazardous wastes, including those composed ofboth radioactive and hazardous components, to the extent it is not preempted by federal law." Ecology's authority is thus equivalent to EPA's, which generally regulates hazardous radioactive wastes that do not otherwise meet the exemption for "source, special nuclear or byproduct material as defined by the AEA." The State does not have this exclusion, and thus is more stringent. 

### 6. Exempting and Excluding Wastes
. Ecology provides procedures for exempting and excluding wastes from regulation ifa generator (or group ofgenerators) petitions Ecology and can make a successful demonstration that the waste should not be designated. Because Ecology can not exempt or exclude wastes that are federally designated, a federally designated waste must first be exempted or excluded by petitioning EPA; provisions forfederal exempting/excluding ofhazardous wastes are given in 40 CFR 260.20-22.. After a federal waste is delisted or exempted, it becomes a State-only designated waste that can then be exempted through the petition process found in WAC 173-303- 072; non-federal wastes that designate as State-only waste can be exempted through the same. petitioning process. 

### 7. Waste Designation Federal Equivalency and Routine Updating The designation approach described above ensures that all federal wastes are properly designated and subject to the applicable requirements. Ecology has provided mechanisms to assure that any waste regulated at the federal level will be subjectto the same, or more stringent, consideration before it can be exempted from regulation. The State's approachto designation incorporates and complements all the elements ofthe federal approach, thus assuring equivalency with (or, in . many cases, exceeding) the requirements ofEPA. Ecology has continued to amend its lists ofhazardous wastes (including the Dangerous Waste Constituents List (WAC 173-303-9905)) to include new federal listings. In the November 1995 amendments to Chapter 173-303 WAC, for example, Iron Dextran and Strontium Sulfide were removed from the List ofDangerous Waste Constituents while 1,1 Dimethylhydrazine Production Wastes and a number ofwood preservative processing wastes (55 FR 50450) were added to the List ofDangerous Waste Constituents. A change to the description ofdiscarded 19 Progrzm Description-WashingtOn Depanmenl ofEcologyHazardous WasteProgram Note: Each sectiondesiguted by a capital letter is dated separately. SeeSection Headings for most rumt npdate.chemical products (WAC 173-303-081) clarifies that residues, inner liners and containers are regulated unless "empty". A new definition of"empty" was adopted in the November 1995 amendments to be more consistent with the EPA definition and is defined in WAC 173-303- 160(2)(a). Under the November 1995 amendments to Chapter 173-303 WAC, Washington adopted the EPA ten percent solvent wastes rule which replaces the State's former stricter regulation whereby there

.was no threshold on concentration for F001-F005 solvent wastes. 

### B. Regulations Pertaining to Generators (last update: 1216/96) 

### 1. 

### General Summary Washington's hazardous waste rules regulate all generators covered by 40 CFR Part 262; these regulations include requirements for: an EPA identification number (WAC 173-303-170(2»; accumulation ofhazardous waste for shorttime periods (including container and tankstandards) (-200, -201,&-202); packaging, labeling, marking, and placarding (-190); manifesting of hazardous waste for off-site shipment-180); reporting and record keeping (-210 & -220); Land Disposal Restrictions (-140); and international shipments (-230). The State regulations on recording are somewhatmore stringentthan federal provisions, requiring generators to keep all records for five years instead ofthe three yearrequirement for some records contained in the federal rules. 

# o

2. Accumulation ofHazardous Wastes for ShortPeriods A Large Quantity Generator (i.e., one that generates more than 1,000 kilograms of waste in a 

# 0 month and/orhas accumulated more than 1,000 kilograms in a month) may accumulate dangerous waste on-site without a permit for ninety days or less after the date ofgeneration provided that: all such waste is shipped off-site to a designated facility, placed in an on-site permitted facility; or treated or recycled on-site within ninety days or less ofgeneration; the waste is stored in containers, tanks, on drip pads; and/or containmentbuildings that meet the requirements for design, labeling, etc. specified or referenced in WAC 173-303-200; and, the generator complies with the requirements for facility operators specified in WAC 173-303-330 to -360 (except for -355) and -320. Generators accumulating waste in tanks must comply with most ofWAC 173-303-640; they do not generally, however, need to have a tankclosure plan, a closure cost estimate, or provide financial responsibility for the tank system. Maximum accumulation times are longer for Medium and Small Quantity Generators; see sub- 'section below on "Reduced Requirements for MQGs and Conditionally Exempt Generators". 

### 3. Manifests Regulated generators must prepare a manifest before sending waste to a TSD (treatment, storage, and disposal) facility. The manifest includes information on the generator, transporter, TSD facility, the type ofwaste, and its quantity or volume. The generator and the transporter must sign the manifest before the waste leaves the generator's property. The manifest travels with the transporter to the TSD facility, where the facility owner/operator signs the manifest and returns a copy to the generator. Ifthe generator does not receive a copy ofthe manifest signed by the facility owner/operatorwithin 45 days ofshipment, an Exception Report must be submitted to 20 Program Description- WashingtOnDepartmentofEcology Hazardous Waste Program Note: Each sectioo designated by a capital letter is dated separately. Set:Set:tioo Beadiogs for most reeeat opdate. 

# o

# •

• Ecology. When Ecology receives an Exception Report for wastes designated on the manifest for out-of-state shipment, then Ecology notifies either EPA or the authorized state agency with jurisdiction in the state designated for receiving the waste. Ecology then initiates a search for the waste to determine its fate. Ecology requires all dangerous waste shipments to utilize the UniformNational Manifest (EPA Form 8700-22/22A). 

### 4. Annual Reporting and Record Keeping Generators must report annually (rather than every two years as required by RCRA (Resource Conservation and Recovery Act)) to Ecology the quantities and types ofdangerous waste that were managed (not merely generated) in the past year, as well as any treatment, storage, recycling, or disposal practices incorporated. This information is available from their manifest records. The manifest and annual reporting systemprovide Ecology with a means to track the generation, movement, and ultimate disposition ofdangerous wastes in Washington. The Ecology Director may also, ifdeemed necessary, require a generator to furnish additional reports, including engineering reports, plans, and specifications, concerning the quantities and disposition ofthe generator's dangerous waste. Generators must maintain the following records; the retention period is a minimum offive years: Copies ofall manifests signed by the designated receiving facilities; Annual reports and exception reports; All waste designation records, including test results, waste analyses, etc.; and All otherrecords required by WAC 173-303-170(3)(b) (treatment by generator) and WAC 173-303-200 (accumulating on site) as applicable to the generator's activities. All records must be make available upon request by the Director. 

### 5. Land Disposal Restrictions (LDR) Washington 

### has adopted by reference all federal restrictions to land disposal ofhazardous waste up through January 1995 (this includes the Universal Treatment Standards). These federal restrictions are those set forth by EPA in 40 CFR Part 268 as well as numerous conforming changes throughout the regulations. Washington initially adopted and began implementing the federal Land Disposal Restrictions (LDR) in January 1994; further LDR amendments were adopted in November 1995. Ecology staffbegan conducting LDR inspections together with EPA Region X staffduring the period oftime when Ecology began taking on responsibility for the federal LDR program. .The purpose ofall LDRregulations in Washington is to encourage the best management practices for dangerous wastes according to the priorities ofRCW 70.105.150 which are, in order ofpriority: reduction; recycling; physical, chemical, and biological treatment; incineration; stabilization and solidification; and lastly, landfill. Washington has a number ofLDR requirements that go beyond the federal requirements; these include prohibiting (except as provided in 173-303-140(5) or (6)) the landfilling of: .

• State-only Extremely Hazardous Wastes, and 21 ProgramDescription- Washington Depanmenl ofEcologyHazardous Waste Program Note: Eachsection designated by. capital Idteris dated separately. See Section Headings for most recent update.

### 7. Exemptions Ecology's regulations allow certain farmers who manage their pesticide wastes on their own land to be exempt from the generator requirements. To qualify for this exemption, the farmer must eitherreuse his pesticide residues and rinse waters (e.g., in the next batch ofpesticide) or else manage these wastes according to the pesticide label instructions. The label instructions vary for each pesticide, but almost always call for the farmer to spray the pesticide residues in a manner that constitutes a useful purpose. In some rare cases, a label may call for disposal or burial. If such disposal orburial is done on the farmer's own land, then Ecology will not regulate the farmer as a generator. Disposal ofpesticide wastes elsewhere is subject to Ecology's generator and other dangerous waste requirements. 

### 8. Reduced Requirements for Medium Quantity Generators (MQGs) and Conditionally Exempt Generators (SGQs)
a. MQG Reduced Requirements (Note: Federal regulations refer to these generators as SQGs (small quantity generators) Washington State regulations provide for reduced generator requirements for those generators ofbetween 100 kilograms and 1000 kilograms ofwaste permonth who do not 

# 0 accumulate on-site more than 1000 kilograms ofdangerous waste (and that do not exceed the QEL (quantity exclusion limit) for generation or accumulation ofacutely hazardous wastes); this 1000 kilogram (or 2,200 pounds) accumulation limit is more stringent than the Federal accumulation limit of6000 pounds. These generators, known as "medium quantity generators" or MQGs, may accumulate waste on site for up to 180 days after generation and may be granted an extension ifthe waste must be transported over a distance oftwo hundred miles or more for off-site treatment, storage, or disposal. They do not need to comply with the Personnel training requirements ofWAC 173-303-330 and have reduced tank standards and reduced requirements ofcontingency and emergency planning. 

### b. SQG Conditional Exemption "Small Quantity Generators" (SQGs) are those generatorswhose: 1) quantity ofwaste generated per month does not equal or exceed the QEL (quantity exclusion limit) for those wastes; and/or, 2) quantity ofwaste accumulated does not exceed 1000 kilograms for wastes with a 100 kilogram QEL and 1 kilogram for wastes with a 1 kilogram QEL. Note that under federalRCRA, this class ofgenerators is known as "Conditionally Exempt Small Quantity Generators".

i I 

# t SQGs have reduced waste management requirements. However, SQGs are responsible for determining whether their wastes designate as dangerous waste and for managing their wastes in a way that does not pose a potential threat to human health or the environment, Furthermore, SQGs must ensure that their waste is treated ordisposed ofin an on-site facility or is delivered to an off-site facility that is either 1) a permitted facility under the Dangerous Waste Regulations, 2)

----------- ---------- ---- -- --- -- ---**~--** --------_ 22

_

------ ------- ------- ProgramDescription- Washington Department ofEcology Hazardous Waste Program Note: Eacb _on designated by a capital

_ is dated separately. See Section Beadings for moll recent npdate. 

# o

# • authorized to manage dangerous waste by another state, 3) permittedto manage moderate-risk waste, 4) a facility that beneficially uses or reuses, or legitimately recycles or reclaims the dangerous waste, or treats the waste priorto recycling, 5) permitted to manage municipal or industrial solid waste, or 6) a publicly owned treatment works (pOTW) ifthe SQG meets the requirements ofthe domestic sewage exclusion. These are the only requirements SQGs must comply with; however, ifthese requirements are not complied with, then the SQGs become "fully regulated" under the entire chapter 173-303 WAC. 

### C. Regulations Pertaining to Hazardous Waste Transporters (last update: 5/10/96) All transporters must have a currently valid EP

### NState ID number, or as it is now called, a RCRA ID number. Chapter 173-303 WAC requires transporters to comply with U.S. Department ofTransportation (DOT) rules for hazardous materials and substances transportation (49 CFR). Ecology requires all dangerous waste shipments from regulated generators to utilize the Uniform National Manifest 

### (UNM); this assures that interstate shipments are in accordance with DOT requirements. Transporters are also responsible for notifying authorities and assisting in cleanup operations in the event ofa spill or discharge ofdangerous wastes during transport. The State has some additional requirements for transporters who import wastes from outside the United States. Such transporters must comply with all generator requirements (e.g., manifesting and packaging) in WAC 173-303-170 through -230. Transporters who exportwastes must comply with federal requirements administered by EPA (40 CFR Part 262 SubpartE and export requirements at 261.5, 261.6, 262.41, and 263.20). In addition, copies offorms and reports • submitted by transporters to EPA must also be sent to Ecology. D. Regulations Pertaining to Recycling Facilities (last update: 5/10/96) EPA standards for recycling hazardous wastes are included in Ecology's regulations. These include: recycling constituting disposal; precious metals recovery; lead-acid battery recycling; burning for energy recovery; and numerous regulatory exemptions for certain recycling practices. Ecology's recycling standards are virtually identical to EPA's, with the exception ofrecycling provisions for state-only dangerous wastes; specific standards are applied to state-only waste recycling facilities. Generators and transporters ofsolid wastes that designate as dangerous waste are subject to the same regulations whether the waste is recyclable or not, unless a recyclable waste is singled out for special regulation in WAC 173-303-120.


# • Unless a recycling process is singled out for special regulation or is exempt, the recycling processes are subject to regulation only up to and including storage priorto recycling. Owners/operators offacilities that receive a recyclable material from off-site and recycle it after storing it first are subject to all requirements covering waste management facilities and most waste management facility permitting requirements. Ifa facility recycles a waste without storing it first (defined as recycling within twenty-four hours ofreceiving the recyclable waste), it still must follow requirements ofWAC 173-303-120(4)(c). These include performance standards, required notices, security, general inspection, personnel training, preparedness and 23 Program Description- Washington Department ofEa:>logyHazardous Waste Program Note: Each sectioo designated by. capital letter i. elated separatdy. See Seelioo Heaclings for most recent opel.t
..prevention, contingency plan and emergency procedures, emergencies, manifest system, facility record keeping, facility reporting, other general requirements, and some container and tank 

# 0 system requirements. 

### E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities (last update: 5/10/96) 

### 1. General Regulations Ecology adopted essentially all EPA standards for the design, performance, operation, and maintenance ofTSD facilities. Facilities must also satisfy all applicable local, state, and federal laws (such as local comprehensive plans, air and water pollution laws, endangered species, etc.). 

### 2. Siting Rules Ecology adopted its own rules for siting such facilities. TSD facilities must be sited and operated to comply with these siting criteriarules. The siting criteria serve as an initial screen in the consideration ofsites for dangerous waste management facilities. Theirpurpose is to immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable or inappropriate for the management ofdangerous wastes. They prohibit facilities from being located in areas subjectto natural hazards such as floodplains and unstable soils, and environmentally or culturally sensitive areas such as sole source aquifers and designated historic areas. Minimum setback distances have been established from identified resources. For example, land disposal facilities must be located at least 1/4 mile from perennial surface water bodies. Facilities managing reactive wastes are required to comply with the setback standards in the Uniform Fire Code (see UFC Table 77-201, 1985 Edition). 

# 0
3. Tank Standards Facilities that treat or store hazardous waste in tanks must comply with tank standards (WAC) 173-303-640) for: assessing existing tank systems' integrity, the design and installation ofnew 

### tank systems or components, containment and detection ofreleases, general operating requirements, inspections, response to leaks or spills, closure and post closure, requirements for ignitable or reactive wastes and requirements for incompatible wastes. The State requirements are identical to most ofthe Federal requirements, but are more stringent in some areas such as: The State does not include an exemption from the requirements for reactive or ignitable waste; The State requires development ofa schedule ofintegrity assessments; Any release above the reportable quantity must be reported; Tanks must be located in a manner equivalentto the National Fire Protection Associate's buffer zone requirements or as required by State and local fire codes (whichever is more stringent); Documentation is required ofthe precautions taken for ignitable, reactive or incompatible wastes; . Yearly inspections and additional monitoring are required; A description is required oftank design to prevent escape ofvapors and emissions of acutely or chronically toxic EHW (extremely hazardous waste); Tank marking and lor labeling must be described. 24

-**~.** : Prognm Description. WashingtOnDepartment ofEcology Hazardous WlISle Prognm Note: Each section desigaated by a capitallettor is dated separately. SeeSeetion Beadings for most reeent update, 

# o

# •

•

• 4. GroundwaterMonitoring All land based hazardous waste treatment, storage, and disposal facilities (including miscellaneous units) must monitor groundwater and analyze for a specified core list of chemicals, plus other chemicals specified on a site-specific basis. 

### 5. Organic Air Emission Standards Ecology adopted by reference codifed federal register (CFR) 40 CFR 264.1031 through 1036 and 40 CFR 264.1051 through 1065. These regulations set standards limiting organic air emissions at hazardous waste treatment, storage, and disposal facilities requiring a hazardous waste permit. Final standards are established for: 1) organic emissions from process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, and air or steam stripping operations where the wastes handled have 10 or more parts per million total organics (by weight); and 2) leaks from equipmentthat contains or contacts hazardous waste streams with 10% or greater total organics (by weight). 

### 6. Foreign Waste Importation Rules Ifa facility is receiving dangerous waste from outside the United States, Ecology requires that a notification be sent to the Ecology regional office where the waste is being sent. The notification must include: information regarding the importer, exporter, and foreign waste generator (names, addresses, telephone numbers, RCRA ID number); a description ofthe waste and estimated frequency at which the waste is to be imported; estimated total quantity; and a description ofthe mannerthe waste will be managed. 

### 7. Land Disposal Restrictions (LDR) All TSD facilities must comply with both the federal LDRs and the State land disposal requirements. Washington has incorporatedby reference all federal restrictions to land disposal ofhazardous waste up through January 1995 (this includes the Universal Treatment Standards). These federal restrictions are those set forth by EPA in 40 CFR Part 268 as well as numerous conforming changes throughoutthe regulations. Washington initially adopted and began implementing the'federal Land Disposal Restrictions (LDR) in January 1994; further LDR amendments were adopted in November 1995. Ecology staffbegan conducting LDR inspections together with EPA Region X staffduring the period oftime when Ecology began taking on responsibility for the federal LDR program. 

### 8. Permitting Requirements An owner/operator ofa dangerous.waste facility that transfers, treats, stores, disposes, or recycles dangerous waste must, when required by Chapter 173-303 WAC, obtain a permit covering regulation ofthe active life, closure period, ground waterprotection compliance period, and, when applicable, the corrective action and/or post-closure care period. More detail ofthe Permitting process is given below in 

### Part.II- Permitting Procedures and Regulations. TSD/recycling facilities musthave adequate security, personnel training, inspection schedules, emergency plans and equipment, records ofoperation, environmental monitoring, documentation offinancial responsibility, closure, corrective action and post-closure plans, and reporting before Ecology will issue a permitto a facility. 25 ProgramDescription- WashingtOnDepartment ofEoology Hazardous Waste Program Note: Each section desiguated by. capital letter is dated sep....tely. See Section Headings for most recent npdate.

### F. Other Generator, Transporter, and TSD Requirements (last update: 5/15/98) The Dangerous Waste Regulations require all persons (not falling into the "conditionally exempt" or SQG category) who generate, transfer, transport, treat, store, or dispose ofdangerous waste to have a RCRA identification number. Those individuals requiring such a number must notify the State oftheir activities before being issued a number. The regulations also establish procedural requirements for permit application and issuance (see section on Permitting Regulations and Procedures), public involvement (see following section), petitioning Ecology for changes and exceptions to the regulations, and testing methods (the November 1986 version of SW-846 including updated I, II, IIA, lIB, and III has been incorporated by reference into the State's regulations), sampling methods, and conditions for exemption from the rules (recycling or recovery ofdangerous wastes, triple rinsing ofcontainers, etc.).
. In 1998, Ecology adopted the Universal Waste-Rule for batteries and mercury-containing thermostats. The Universal Waste Rule for pesticides was not adopted. In addition, the petition provisions were adopted so that other categories ofuniversal wastes may be added to the Dangerous Waste Regulations during future rulemakings. 

### G. Corrective Action Authorization (last update: 12/4/96) NOTE: The following information on Corrective Action (Section G) is meantto briefly summarize certain aspects ofthe Hazardous Waste and Toxics Reduction Program's (HWTR) Corrective Action regulations and procedures which may be ofinterest to the reader wanting a comprehensive overview ofthe entire Program. This Section is not meant to supersede the HWTR Program's November4, 1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or defmitive information on HWTR's Corrective Action regulations, policies, procedures, funding, staffmg, etc. 

### 1. Federal Regulations for Corrective Action (last update: 12/4/96) On July 15, 1985 (50 FR 28702), EPA published the first HSWA (Hazardous and Solid Waste Amendments) codification rule, which included regulatory language for corrective action at solid waste management units (40 CFR 264.101). Under the July 15, 1985 Federal regulations, owner/operators offacilities seeking a permit for the treatment, storage or disposal ofhazardous waste were required to: Institute corrective action as necessary to protect human health and the environmentfor all releases ofhazardous waste and constituents from any and all solid waste managementunits at the facility regardless ofthe time at which waste was placed in such units, and Specify corrective action, schedules ofcompliance for such corrective action, and assurances offmancial responsibility for completing corrective action in all final RCRA (Resource Conservation and Recovery Act) permits. On December 1, 1987 (52 FR 45788), EPA amended the regulatory requirements for corrective action, adding a requirement for owner/operators offacilities' seeking a RCRA permitfor the 26 Program Description.WashinglOn Departmentof Ecology Hazardous W
.... Program Note: Each sution designaled by a capilallelter iJ daled separately. See Section Bcadinp for most recenl update. 

# o

o

o

# •

•

• treatment, storage or disposal ofhazardous waste to: Implement corrective actions beyond the facility property boundary where necessary to protect human health and the environment, unless the owner/operator could demonstrate to EPA's satisfaction that, despite the owner/operator's best efforts, they were unable to obtain the necessary permission to undertake such actions, and to take on-site measures to address such releases as determined by EPA on a case-by-case basis, and to provide assurances of financial responsibility for such corrective action. On July 27, 1990 at (55 FR 30798), EPA proposed detailed regulations for corrective action. These proposed regulations became known as "draft Subpart SIt,referring to their draft status and to their anticipated subpart in 40 CFR Part 264. Draft Subpart S has not yet been completely fmalized; however, EPA is using portions ofthe proposedrules as guidance in implementing corrective action requirements. 

### 2. Alternative Authorities Initiative (last update: 1214/96) Prior to developing a corrective action authorization strategy, Ecology carefully observed some duplication ofeffort between EPA's Superfund and RCRAprograms. In addition, since many contaminated sites have cleanup responsibilities under both RCRA and Superfund, facility owner/operators are potentially liable for two environmental cleanups, a Superfund cleanup and a RCRA corrective action. In considering a state corrective action program, Ecology questioned the efficiency ofestablishing a totally new cleanup program for dangerous waste management facilities when effective cleanup standards and procedures were already in place under the Model Toxics Control Act (MTCA) (see below). In orderto address these concerns, Ecology and EPA developed the Alternative Authorities Initiative. The Alternative Authorities Initiative was established to provide a mechanism for states, like Washington, with existing environmentally protective cleanup authorities to use those authorities to compel corrective action at RCRA facilities. Under this Alternative Authorities Initiative, Ecology applied for authorization ofa corrective action program thatrelied on the Model Toxics Control Act regulations to implement corrective action requirements. Authorization ofEcology's Alternative Authorities Initiative for corrective action (approved in November 1994) was the first EPA authorization ofa corrective action program relying on an existing state cleanup authority. By using MTCA authority to also carry out corrective action, Ecology is able to: Complete expedited and environmentally protective corrective action cleanups; Reduce duplication ofeffort between Ecology's Toxics Cleanup and Hazardous Waste 

### & Toxics Reduction Programs; Enhance cleanup requirement and procedure consistency for RCRA and non-RCRA facilities; Potentially recover Ecology's portion ofthe costs ofcorrective action work (see Section GA. below); 27 Program Description-weshington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter i. dated separately. See Section Headings for most
.......t npdate.

### 3. Washington's Model Toxics Control (MTCA) Act (last update: 12/11/96) The Washington State Model Toxics Control Act, Chapter 70.105D RCW, was passed by voters as Initiative 97 in November 1988. Effective in March 1989, the law established Washington State's basic authorities and requirements for cleanup ofcontaminated sites. RCW 70.105D.030(2)(d) directed Ecology to adopt and enforce "minimum cleanup standards for remedial actions at least as stringent as the federal cleanup standards under Section 121 ofthe federal cleanup law (CERCLA) ... and at least as stringent as all applicable state and federal laws, including health based standards under state and federal law." RCW 70.105D.030 also establishedthree threshold requirements for remedial actions performed underthe Model Toxics Control Act. MICA cleanup actions must comply with cleanup standards, utilize permanent solutions to the maximum extentpracticable, and include adequate monitoring to ensure the effectiveness ofthe remedial action.

(2) Selecting a Cleanup Action: This step involves evaluating methods that could be used to clean a site before deciding which ofthose methods would best achieve the cleanup standards. In addition to meeting the cleanup standards, cleanup actions must also utilize permanent solutions to the maximum extent practicable, achieve cleanup in a reasonable time frame, and include monitoring to ensure the long-term effectiveness ofthe cleanup action. Since eliminating all risks at a contaminated site is often impossible, even after cleanup, establishing cleanup levels under the MICA generally means determining when a site is cleaned

.up to the pointthat contamination no longerposes unacceptable risks to human health and the environment. 

### 4. Prioritizing Corrective Action Work (last update 1219/96) For purposesofprioritizing Corrective Action Work, the Northwest Corrective Action Group developed regional criteria for determining site environmental significance. Existing ISD 28 PrognunDescription- WashingtOnDepartmentofEcology Hazardous Waste Program Note: Eacb section designated by a capital letter is dated separatdy. SecSection Beadings for most recent npdate. 

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• facilities have been ranked and placed on a priority list. The ranking focuses on eight areas, the first three areas addressing environmental issues, and the last five addressing oversight issues.**Environmen~** issues-have been used to determine high priority facilities. Environmental issues used as criteria in the ranking process include: level ofcontamination, toxicity ofthe waste stream (extremely hazardous waste toxic hazardous waste), and the facility setting. The Oversight Issues include: enforcementhistory, financial status offacility, extent to which the nature ofthe releases are known, level ofpublic interest, and type and complexity ofparticular corrective action activity. A full outline ofthe Facility Environmental Priority Ranking Criteria can be found in the report entitled NorthwestRCRA Corrective Action Strategy. 

### 5. Cost Recovery (last update: 1214/96) A major benefitto the State ofWashington in using MTCA (Model Toxics Control Act) for corrective action is its authority to recover costs ofwork performed by the State from the site owner(s). RCW 70.105D.050(3) requires that the State seekto recover the amounts spent by the department for investigative and remedial actions and orders. The attorney general is tasked to seek, by filing an action ifnecessary, to recover the amounts spent by Ecology. According to WAC 173-340-550(1) and (2) "It is the department's intention to recover those costs which are reasonably attributable to the site. Timing ofcost recovery for individual sites will be considered on a case-by-case basis, however, the department may demand payment ofcosts as they are incurred
.... Remedial action costs are costs reasonably attributable to the site and may include costs ofdirect activities, support costs ofdirect activities, and interest charges for delayed payments."

- Because ofthe cost recovery provisions Ecology can use for corrective action work, the Legislature granted Ecology the ability to hire additional corrective action staff, but did not increase Ecology's appropriation from the Toxics Account. The legislature expects Ecology to reimburse the Toxics Account for all new corrective action staffthrough cost-recovery. The concept ofproviding the ability to fill positions, but not increasing the funding allocation is referred to as "seed money". During the 1993-1995 State biennium, the Hazardous Waste and Toxics Reduction Program could "borrow" funds against its Toxics Account appropriation to fill new corrective action positions; however, at the end ofthe biennium, the Hazardous Waste and Toxics Reduction Program had to reimburse the Toxics Account for any expenditure overits initial allocation. The Hazardous Waste and Toxics Reduction Program must therefore rely, to a great extent, on cost-recovery funds to implement corrective action. Due to the potential limitations on funding from the Toxics Account, Ecology planned a gradual implementation ofthe hiring needed for corrective action work. The Hazardous Waste and Toxics ReductionProgram developed policies, procedures, accounting and billing systems to implement cost recovery. Cost-recovery policies and procedures in the Hazardous Waste and Toxics Reduction Program were closely modeled on policies and procedures used by the Toxics Cleanup Program. 29 Program Description- WashingtOnDepanment ofEcology Hazardous Waste Program No
..: Each section designated by • capital letter iJ dated separatdy. See Section Headings for most ruen! npcbte.I

I +.. I I 

### IV. Public Involvement and Availability 

### ofInformation to the Public (last update: 5/10/96) Ecology will inform the public ofmajor issues such as permit applications, petitions, proposed site clean-ups, proposed projects, and regulatory changes, and will consult interested and affected segments ofthe public before making important decisions. Ecology's overall goal is to "provide knowledge to the public about dangerous waste issues that vitally affect the state, to encourage broader understanding ofthe public role in dangerous wastes and theirpropermanagement, and to promote an open dialogue between the public, industry, and government" (WAC 173-303- 900). To help further this goal ofpublic involvement and participation in the decision making process, Ecology follows the requirements and guidance, where applicable, in the following: Washington Administrative Procedure Act, Washington State Register Act of 1977, Public

. Records Act, Guidelines for interpreting and implementing the State Environmental Policy Act

(Chapter 197-11 WAC), 40 CFR Part 25 (public Participation in Programs Under RCRA, the Safe Drinking Water Act, and the Clean Water Act), and the Washington State Solid Waste Management Plan (December 1980). For the disclosure ofinformation to the public, Ecology uses provisions in Washington State law. Ecology's attorneys have certified the following in an Attorney General's Statement: Information is available to the public in a manner equivalentto the provisions of40 CFR Part 2. Ecology will provide responses in no more than twenty days (as required by WAC 173-303-905), and generally, in much less time thanthis. Most information is generally available to the public withoutthe need to submit a formal request for disclosure (e.g., regulations, policy statements, pamphlets, annual report summaries, press releases). In addition, Ecology provides reasonable assistance to persons requesting information by helping such persons identify the records sought and, where necessary, by helping in the preparation ofdisclosure requests. Ecology provides the fullest possible disclosure ofrecords and information sought by the public. This information is always provided free ofcharge, with two exceptions. First, ifextensive copying costs are involved, then' a fee may be charged. Second, ifthe information request involves significant costs from manipulating existing information into new forms (e.g., preparing brand new reports, conducting studies, correlating computer-based data), then a fee may be charged. The fees assessable under these two exceptions can be waived or reduced ifEcology determines that furnishing the information would be ofprimary benefitto the public at large. Ecology can deny requests for information. Denials will include statements ofapplicable appeal procedures and statutes oflimitations. Ifa disclosure request is denied because a claim of business confidentiality-could not be resolved within the twenty day response period specified in WAC 173-303-905, then the response provided to the person requesting such information will specify that failure to resolve the business confidentiality claim is the cause ofdenial. 

# v. Revision 

### ofthe State Program WheneverEcology revises its hazardous waste regulatory rules and procedures or substantively 30 ProgramDescription- WashingtOnDepartment ofEcology Hazardous Wast<: Prognun Note: Eacb section designated by a capital loner is dated separately. SeeSeetiOD BeadiDgs for most .....Dtupdate. 

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• changes the hazardous waste program organization, EPA will be contactedto determine what modifications are necessary in the memorandum ofagreement, Attorney General's statement, or other documents. Ecology will modify the documents, as appropriate, and submitthem to EPA . for approval. Ecology does not expect to transfer any ofits authorized functions to any other

State agencies. Ecology intends to continue adopting Federal rules according to the rulemaking requirements. When Ecology fmds that it is necessary to amend State laws or regulations due to EPA's promulgation ofnew regulations, then the State will proceed as follows: 

### A. Statutory Changes (last update: 5/10/96) Ecology will work with the State Legislature and appropriate committees to develop the necessary statutory language. The Washington State Legislature meets every year, so changes to State law should be accomplished within one year. Ifthe statutory changes are controversial, two years may be necessary. Ecology believes that amendments to State laws can be provided in two years or less in all cases. 

### B. Regulatory Changes (last update: 5115/98) Amendments to State regulations will be made in accordance with Chapter 34.04 RCW, Administrative Procedures Act, and will generally be accomplished in eighteen months or less. Ecology will prepare proposed regulatory language 

### in consultation with EPA to assure they properly address Federal changes; this should require no more than three months. Ecology has a lengthy, involved rulemaking process with several steps beyond the Administrative Procedures Act required throughout the process, e.g. a rule development plan mustbe written. Following approval by the Deputy Director ofthe rulemaking plan and preparation ofdraft rule language, Ecology files the proposed language with the State Code Reviser for publication in the State Register; once the proposed language appears in the State Register, the amendments must be adopted within six months. The first public hearing may be held 20 days after the proposed amendments are published. The public commentperiod may end no soonerthan one week after the last public hearing and generallylasts for thirty to forty-five days. Ecology thenprepares final amendatory language and files the final changes withthe Code Reviser. The amended regulations are usually effective thirty-one days after adoption although the effective date may be later, ifnecessary. Thus, simple amendments take as few as twelve months from the beginning ofthe rulemaking process to the actual effective date. More complicated changes may take as long as two years before the new rules go into effect.

31 Program Description- WashingtOnDepartment ofEallogy Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See s.mon Hcadings for mOfl**~t** update.

### PART II PERMITTING REGULATIONS AND PROCEDURES
I. Introduction (last update: 5/10/96) Both on-site and off-site facilities that want to treat, store, and/or dispose ofdangerous wastes (TSDs), as well as facilities wanting to recycle dangerous wastes that are not specifically exempted by State regulation, are required by federal and/or State regulations to obtain a permit for these activities. Facility expansions and othermajor changes in design and/or operation are subject to permitmodification regulations. Under conditions specified in the regulations, certain facilities are allowed to continue operating under an 

### interim status permit until they receive a [mal permit. The purpose ofpermitting treatment, storage, disposal (TSD) and recycling

.facilities is to ensure that all facilities are built and operated in a mannerthat will protect the

.public health and environment. Ecology must coordinate proposed permits or majorpermit modifications with other State programs, including the State Environmental Policy Act (SEPA) and the CitizenlProponent Negotiation (CPN) process. Both SEPA and CPN provide opportunities for public participation.

SEPA requires broad evaluation ofthe impacts ofa proposed facility, in part to "promote efforts that will prevent or eliminate damage to the environment." CPN is a tool that communities can use to mitigate possible impacts ofa new facility. In designing Washington's dangerous waste permitting program, Ecology adopted many ofthe requirements directly from the EPA regulations, although some were modified to reflect the differences between dangerous and extremely hazardous waste managementpractices or to address concerns in Washington State. The State rules thus either achieve EPA's requirements for equivalency or are more stringent. In the first several years after authorization ofthe State Hazardous Waste Program, Ecology concentrated on permitting new or existing (interim status) facilities considered high priority by both EPA and Ecology. Permitting priorities were determined using procedures that considered national permitting priorities. These priorities are described in the compliance monitoring section ofthis document. Completion ofboth permit actions that were in progress when the State program was authorized, and disposition ofEPA-issued permits after authorization were generally in accordance with EPA's August 9, 1982 ProgramImplementation Guidance (PIG) 82-5. At the time offinal State authorization, only condition 5 in PIG 82-5 applied to Washington. Any permit actions taken prior to [mal authorization werejoint actions by the State and EPA. 

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Under Chapter 173-303 WAC the following types ofdangerous waste permits may be issued by Ecology: Interim Status permits (-805); 

### FinalStatus facility permits (-806); Emergency permits; Trial Burns for Incinerator Final Status permits; Demonstration for Land TreatmentFinal Status permit; Research, Development, and Demonstration permits; and Permits by Rule. 

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32 ProgramDescription- W""bingtonDepartmentof EcologyHazardousWasteProgram Note: Eacb section designated by a capital Iettff is dated leplU'lltdy. SeeSection Beadings for most recent update.

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• The following sections describe, in general, how these categories ofpermits are handled and ' 'discuss the permit development, review, and approval process as it is implemented by Ecology. Table 1, which can be found at the end ofthis part, lists all existing TSD facilities in Washington State and their permit status. Procedures forjointpermitting are described in the Memorandum ofAgreement (MOA).
. 

### II. Interim Status Permits- Existing Treatment, Storage, and Disposal (TSD) (last update: 5/15/98) 

### All existing TSDs (including recycling facilities) that have been granted Interim Status under Section 3005 ofRCRA are deemed to have an interim status permit (also known as a Part A) under the Washington State program (WAC 173-303-805(3». Facilities managing state-only dangerous wastes are deemed to have an interim status permit ifthe facility complied with the notification requirements ofWAC 173-303-060 by May 11, 1982 and submitted a Part A

,application by August 9, 1982. Facilities that only qualify for State interim status and not federal

interim status may not accept or manage RCRA regulated hazardous wastes. Maintenance ofan interim status permitrequires all facilities to adhere to the interim status standards cited in WAC 173-303-400 and -805. WAC 173-303-400 incorporates by reference 40 CFR Part 265 Section 265.19 ofSubpart B, Subparts F through R, Subpart W, Subparts AA, BB, and DD. Ecology assures that the State's reference is current with EPA changes for Interim Status facilities by updating WAC 173-303-045; currently this section states that any EPA regulations adopted byreference reflect federal rules in place on July 1, 1996. Thus, federal closure/post closure care

### standards for interim status surface impoundments and expanded corporate guarantee for liability insurance are included in Chapter 173-303 WAC by reference. Ecology also allows existing facilities that are not currently regulated to qualify for interim status iftheir activities become newly regulated by amendments to State regulations. To qualify, the owner/operator must submit a Part A permit application within six months ofthe date the new amendments are adopted (equivalent to 40 CFR 270.10(e)(I)(i». Facilities may,qualify for stateonly interim status ifthey are only affected by State rule changes; such facilities do not qualify for RCRA interim status unless they can otherwise qualify under Section 3005. Those facilities wishing to receive, or that are ordered by Ecology to receive, a final status permit must submit a completed Part B application as defmed in WAC 173-303-806 to Ecology within six months ofits request. Late or incomplete Part B applications will be processed in accordance with the State's enforcementpolicy.**III~** 

### Final Status Facility Permits A. General Information (last update: 5/10/96) 

### Interim status facilities wishing to receive or ordered by Ecology to receive a final status permit must submit a completed Part B application as defmed in WAC 173-303-806 to Ecology within six months ofits request. Late or incomplete Part B applications will be processed in accordance with the State's enforcement policy. This is equivalentto 40 CFRPart 270 Subpart B. 33 Program Description- Washington Department of EcologyHazardous WasteProgram Note: Each sectioudesigoaled by a ClIpitalletteris dated separately. See Seetion B
..diugs for most
......., update.

### Initial permits are generally written in Ecology's permitunit located at headquarters (the Hanford permit was written in the Nuclear Waste Program); permitmodifications (see below) are, on the 

# 0 otherhand, handled either in Ecology's regional offices, the Industrial Section ofthe Solid Waste and Financial Assistance Program, or the Nuclear Waste Program, as appropriate. Primarily, the headquarters permits unit does research, demonstration, and development permits. When appropriate, they may be written by regional, Industrial Section, orNuclear Waste Program staff. As required and defined by EPA, permitting events used in the permit review and approval/denial process are tracked in the RCRA Information System (RCRIS); this is discussed in further detail in Part IV-Data Collection and Management. B. Final Facility Permit Regulations (last update: 5/10/96) 

### WAC 173-303-806(4)(a) specifies the general information requirements for all Part B permit applications .<

### e.g., general facility description, waste analysis plan, contingency plan, closure plan, insurance documentation, etc.), while WAC 173-303-806(4)(b) through -806( )(1) 

### stipulate specific informationrequirements for specific facility components or operations (e.g., container storage units, waste piles, drip pads, process vents, etc.)
. All ofthese informationrequirements for the Part B permit are designed to reflect the minimum standards established for the management ofdangerous wastes established in WAC 173-303-600 through -695 and in WAC 173-303-283 through-395. Where construction ofa surface impoundment, waste pile, or landfill unit will take place, a construction quality assurance program is required under WAC 173-303-335; this program must be developed and implemented 

# 0 under the direction ofaregistered professional engineer. Information required in the Part B permit is used by Ecology to determine compliance with minimum design, performance, and operating standards. In addition to design, performance, and operating standards, WAC 173-303-620 specifies the financial liability and fmancial assurance requirements for obtaining a permit; fmancial assurance for closure, and for some facility types, post-closure care are required. Additionally, WAC 173- 303-646 requires facilities seeking apermit or required to have one to carry out any required corrective action, and to provide fmancial assurance so that necessary corrective action can be carried out. Finally, WAC 173-303-810 establishes general permitconditions for all permits exceptpermits by rule and interim status permits (e.g., duty to comply with permit conditions, duty ofproper operation and maintenance, etc.). As indicated, there are special additional Part B informationrequirements and special design, construction, performance, and/or operating standards for certain specific facility components or . processes. Several ofthe more important requirements are indicated below: Miscellaneous Units- Owners and operators ofunits that treat, store, or dispose ofhazardous waste in miscellaneous units must comply with the general application requirements, and Part B general and specific requirements. They must also meet environmental performance standards;

. monitoring, testing, analytical data, inspection, response and reporting procedures; and postclosure care. The headquarters permits unit, or the Hanford Section ofthe Nuclear Waste 34 ProgramDescription- WashingtOnDepartmentof Ecology Hazardous Waste Program
. Note: Eacb seetiODdesigJUlted by • capital letter iJ dated separatdy. See SeetiODBcadiDgs for most reutlt update, 

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• Program will do permitting ofmiscellaneous units . 

### Incinerators- Existing incinerator facilities must conduct a trial burn before apermit can be issued to a facility. For new incinerators, a final permit must be issued before a trial burn can be conducted. In fact, a facility cannotbe constructed until a final permithas been issued. However, the facility's fmal operating conditions cannot be set until after a trial burn has been conducted, under conditions specified in the final permit "trial burn plan", and analyzed. State incinerator permitting rules are essentially identical to federal rules. Both allow parallel units ofidentical design burning essentially identical wastes to qualify for an exemption from trial bums. In practice, however, trial burns are required for nearly all incinerators. The headquarters permits unit, or the Hanford Section ofthe Nuclear Waste Program permits incinerators.
. 

# c. NewFacility Permits- Additional Requirements (last update: 5/10/96) 

### Planned 

### new (i.e., those not having interim permits) facilities must complete both Parts A and B for a final facility permit. Before preparing the permit application, however, the owners/operators ofthe proposed facility (or facility expansion) must submit a Notice ofIntentto the Department ofEcology. WAC 173-303-281 specifies the information that must be contained in this Notice ofIntent; ofparticularnote is the necessity to demonstrate: 1) the need for the proposed facility, using one ofthe methods outlined in WAC 173-303-281(3)(vii); and 2) compliance with the siting criteria specified 

### in WAC 173-303-282. 

### IV. OtherTypes ofDangerous Waste Management Facility Permits There are a number ofmore specialized types ofdangerous waste management facility permits that are provided for in Washington's regulations. These are not frequently used and are not discussed in great detail; the section in the Dangerous Waste Regulations covering each permit type is given: 

### A. Permit by Rule (PBR) (last update: 5/10/96) 

### Ocean Disposal- WAC 173-303-802(2) Ocean disposal barges or vessels. The PBR requirements ofthe State are identical to federal standards; 

### Underground Injection Wells- WAC 173-303-802(3) The PBR requirements prohibit underground injection ofextremely hazardous waste. They require compliance with 40 CFR 144.14 and all applicable State waste discharge permits and conditions; 

### Publicly Owned TreatmentWorks (POTWs)- WAC 173-303-802(4) POTWs are subjectto State PBRrequirements that are identical to federal standards, except that POTWs may not accept extremely hazardous waste for disposal. State PBR 35 Program Description- Washington Depanmcntof EcologyHazardousWaste Program
. Note: Each _00 designated by • capital letter is dated separately. See Sectioo Headiogs for most rueot opdate.amendments specificallyexclude dangerous waste discharges to POTWs, unless the POTW has an appropriate water quality NPDES permit; Totally enclosed treatment facilities and elementary neutralization and wastewater treatment units - WAC 173-303-802(5); These facilities and units are categorically exempted under federal requirements from the need to obtain a RCRA permit. The State, instead, requires a PBR, which includes conditions for complying with: notification and identification numbers, designation of dangerous waste, general waste analysis, security, contingency plan and emergency procedures, the manifest system (when applicable), records, reporting, and general performance standards. They must also have either an NPDES permit (National Pollution Discharge Elimination System), State waste discharge permit, or a pretreatmentpermit that covers the waste stream and constituents being discharged. Ifthe facilities or units pose a threat or fail to comply with the PBR conditions, Ecology may require compliance with all the facility standards and require a fullpermit. B. Emergency Permit- WAC 173-303-804 (last update: 5/10/96) 

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Ecology may issue an emergency permitto allow for treating, storing, or disposing wastes at facilities that either are not permitted (including interim status), or, ifpermitted, are not authorized at the 

### timeto manage the particularwaste. Emergency permits will only be issued if doing so will alleviate imminent and substantial threats to public health and the environment. The requirements for state-issued emergency permits are identical to the federal requirements of 40 CFR270.61. 

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C. Trial Burns for DW (Dangerous Waste) Incinerator Final Facility Permit- WAC 173- 303-807· (last update: 5/10/96) For purposes ofdetermining operational readiness and establishing conditions to be included in the final permit, Ecology may approve trial burns. For an existing facility, it is preparatory to a permit; for a new facility, the trial burn is a part ofthe final permit. Trial burns may not exceed seven hundred twenty hours operating time (with an additional seven hundred twenty hour extension for good cause, ifrequested by the applicant). The trial burn must be conducted in accordance with a trial burn plan preparedby the applicant and approved by the department. Based on waste analysis data in the trial burn plan, Ecology will specify which principal dangerous organic constituents must have their destruction and removal efficiencies calculated during the trial burn. These constituents will be specifiedbased on Ecology's estimate ofthe difficulty ofincineration ofconstituents identified in the waste analysis, their concentration or mass in the waste feed, and the dangerous waste constituent or constituents identified in WAC 173-303-9905, or identified as causing the waste to be regulated as a dangerous waste. D. DemonstrationsPermit (for Dangerous Waste Land Treatment Final

Facility Permit)- WAC 173-303-808 (last update: 5/10/96) Ecology may issue a land treatment demonstration permit either in advance ofor as part.ofa final facility permit so that the owner/operator ofa land treatment facility can make the 36 . ProgramDescription- WashingtOnDepanmentofEcology Hazardous Waste Program Note: Each sectiou designated by a capital letteris dated separately. See Section Headings for most recent update. 

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• demonstrationrequired in WAC 173-303-655(3). Ifissued in advance ofthe final facility permit, the land treatment demonstration pemiit will be issued as a demonstration permit only (WAC 173-303-808(3»; ifissued as part ofthe fmal facility permit, the land treatment demonstration and fmal facility permitwill be issued as a phased permit (WAC 173-303-808(4». E. Research, Development, and Demonstration Permit- WAC 173-303-809 (last update: 5/10/96) \ 

### A research, development, and demonstration permit may be issued for any hazardous waste treatment facility that proposes aninnovative and experimental hazardous waste treatment technology or process not yet regulated. These permits are to be issued by the headquarters' permits unit and have not required any additional resources for implementation. 

# v. Permit Modifications (last update: 5/10/96) 

### Washington's TSD (treatment, storage, and disposal facilities) permitting regulations provide for three classes ofpennit modifications for owners and operators ofTSDs (WAC 173-303-830(4». Permit modifications provided for in the regulations are designed to allow flexibility to change specified permit conditions, expand public notification and participation opportunities, and allow for expedited approval ifno public concern exists for aproposedpermitmodification. The three classes ofpermitmodifications are: Class 

### 1- covers routine changes, such as changing typographical errors, upgrading plans and records maintained by the facility, or replacing equipment with functionally equivalent equipment; Class 2- addresses common or frequently occurring changes needed to maintain a facility's capability to manage wastes safely or to conform with new regulatory requirements; Class 3- covers major changes that substantially alter a facility or its operations. State regulations differ from federal rules regarding permitmodifications only in that three types ofmodifications are considered class 2 modifications, ratherthan class 1 modifications, by the State: decreased rate ofwaste application, changes in any condition for a land treatment unit, and changes to allow a second land treatment demonstration. Modifications to existing permits are written at the appropriate regional office, the Industrial Section ofEcology's Central Programs, and the NuclearWaste Program
.. VI. Permit Review and ApprovallDenial Process for Existing and New TSD (Treatment, Storage, and Disposal) Facilities A. Ecology Review and ApprovallDenial (last update: 5/10/96) 

### Ecology, through its permitting process, ensures that all requirements and conditions described in WAC 173-303-800 through -845 are followed. During the permitting process Ecology will:
. 37 Program Description-Washington DepartmentofEcologyHazardousWasteProgram Note: Each section designated by a eapital letter is dated separately. See Section Headings for mQS1 recent npdate.

### 1. Provide assistance to applicants. 2. Receive and review applications, including financial assmance review. 3. Conduct site evaluations. 4. Assure analysis ofair, water, and/or soil samples as necessary. 5. Call for Part B permit applications. 6. Review and make completeness determinations on Part B permit applications. 7. Review revised applications and prepare Notice ofDeficiency (NOD). 8. Review and approve financial assurance documents. 9. Issue draftpermits and fact sheets (ifnecessary) or a statement ofbasis ofpermit determination. 10. Coordinate with EPA during the review process. 11. Open commentperiod, issue public notice, hold public hearings when necessary, and establish administrative record. 12. Ensure application completeness, and that closure/post-closure and financial requirements are met priorto permit issuance and in accordance with State enforcementpolicies. 13. Coordinate State Environmental Policy Act compliance with the appropriate city or county. . 14. Advise local citizens within the area potentially affected by the proposed facility (or facility modifications) of: the CitizenlProponentNegotiations process provided by WAC 173-303-902; State Environmental Policy Act requirements; and the dangerous waste managementpermitprocess. 15. Issue final permit actions. 16. Process changes to permits, including: Transfers, Modifications, Revocations, Reissuance, and Terminations. 17. Ensure properjudicial review ofpermits in cases ofapplicant appeals. 18. All formal EPA permitting/milestone events undertaken during the permit review. and approval/denial process are tracked in the RCRA Information System (RCRIS), as discussed in Part IV (Data Collection and Management). All permit applications submitted to Ecology must be signed in accordance with WAC 173-303- 810(12) and (13). Due to changes under RCW 70.105.215, Ecology included the additional permit certification language in WAC 173-303-810(13) to cover situations where the owner and operatorofa TSD facility are separate entities. However, Ecology and EPA have agreed to require that TSD applicants sign both the federal and the State certification when applying for a TSD permit. When reviewing applications and writing permits Ecology ensures that all appropriate information is provided and required conditions are met. Appropriate engineering and hydrogeologic analysis, professionaljudgments and technical expertise, as well as EPA guidance and checklists that include both Federal and State requirements do this. The attached flow charts (Figures 2 and 3) describe the order ofevents, lines ofresponsibility, and intra- and interagency relationships that will occur in the permit process. 

### B. Judicial Review ofPermits (last update: 5/10/96) 

### WAC 173-303-845 states 

### thatany person who is adversely affected by a decision ofEcology 38
. ProgramDescription- WashingtOn DepartmentofEcologyHazardousWasteProgram Note: Each sec:tiOD designated by a capital Idler is dated sep.....tely. See SeetiOD HadiDgJ for most recaJt update. 

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• under Chapter 173-303 WAC may appeal the decision to the Pollution Control Hearings Board pursuantto Chapter 43.21B RCW. The Pollution Control Hearings Board Act, WAC 371-08- 255, states that in the eventthe board detennines that apermit issued by Ecology under 

### Chapter 173-303 WAC is invalid 

### in any respect, the board will issue an orderremanding the permitto Ecology forreconsideration and appropriate action consistent with the provisions ofsaid order and federal and State law. Any further appeals will be appealed to the superior court ofthe State ofWashington and follow procedures per Chapters 43.21B and 34.05 RCW (Revised Code of Washington). In practice, Ecology has been able to negotiate settlements with most appellants priorto going through formal Board action. These settlements can take as long as a year, with numerous discussions and negotiations. Thus, the HWTR (Hazardous Waste/Toxics Reduction) Program typically negotiates settlements that the Board ratifies.

39 ProgramDescription- Washington Department of EcologyHazardousWasteProgram Note: Eacb seetiOD desigaated by i capital ktter is dated separately. See SectiOD Beadiogs for most ncea. opda.e. );**~,**

### Figure 2. Permit Process for Dangerous Waste Facilities INTEGRATION OF PERMIT, SEPA,AND CPN PROCESSES FOR DANGEROUS WASTE FACIUTIES 

# o

EcologJ Sud:; copy01**Notic~** o1lDtc:M to LOQI AgCDC\'
..dA"c:ete<I**Loc:oI~** Pro

....... Soboit< Notic.of
....... IocIadiog 0.-.0._

01eoa.plAoc

.. ,,;u,

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# o • No

SEP'"L.O<! Ageoc, "'
.... DNS f

.. ls-d>, e-otPcriod EcologJ De

.......,

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...'ioSfP
...

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... mc:ct aittrR



# .... ll<ff;Qeocyor .**Dtt~** SafficieDt loI

........ io
... YOiI>bl< to**pr~c** DnftPermit L.>dA9CDCl' Itok!' eo ......

-- - Period00 Onft [IS

EcoIo9l' Rem
... CPN RopoortoocIr..,. SfP
... Do.-.. 1-

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### ......

e-.in
.. Edoc>tor' Ioolo

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..,

### * Beg
...**~,.;** .. AppIi**Loc:oI~*** em.- O<:=idc

....,

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.... b>cIvdiag App!;c.tio.CPN A9r_,oocISfP'"**Mi·ltioft~,t:**

EcologJ0ftN;ees AppliQDt**~CtiOD** r..mo, COOOio
..... ,.;..

P
..... (;oodit;ooo

NOTES: Local govemmentwill normallybeSEPA lead, ifit hasapermit orotherapprovalo issue. Ifthere is noCPN process, theSEPA process doesnothave tobecompleted before Ecology prepared thedraftpermit CPN is voluntaryforproponents oftreatment and sorage facilities, mandatoryforincineration ordisposal facilities. 

# o 40 ProgramDescription- Washington Depanmentof Ecology Hazardous Waste Program Note: Eachsection designated by a eapitalletter is dated separately. See Section Heading> for most Oftent update.

# • Figure 3. PermitProcess for Applications Priorto New Siting Criteria MODIFIED PERMIT PROCESS FOR APPLICATIONS RECEIVED PRIOR TO NEWSmNG CRITERIA

Sepa Prepare Draft Permit Document 

# • CPN Report Permit Application

Ecology Review I 

### -l

# I I I 

# I I· I 

# I I Yes

## ~---- - ---'

No Demonstration of Compliance Review

Public Comment

No Retum Application

Public Comment Period

Denial No Facility


# • Issuance Ecology Oversees Construction

41 PrcgremDescription. Washington Depanmont of EcologyHazardousWasteProgram Note: Each section cksigoated by a capital letter is dated separately. See Section Beadings fnr.most reemt apclale.Table 1. Permits for Hazardous Waste Facilities (last update: 5f27/99) 

### These facilities have been permitted or are currently seeking operating permits. These facilities are categorized as follows (pollution planners are italicized): 

# o

Facilities that have been permitted: 

### 1. ARCaRefining, Blaine 2. Bay Zinc, Yakima 

### 3. Boeing, Auburn 4. BSB/Hytek, Kent (post-closure permit) 5. Burlington Env. -, Georgetown, Seattle 6. Burlington Env. - Pier 91, Seattle 7. Burlington Env. - Washougal 8. Dept. ofEnergylWestinghouse/Battelle, Hanford 9.. 

### Occidental Chemical, Tacoma 10. Reichhold Chemical, Tacoma 

### 11. Shell Oil, Anacortes 12. Texaco Refining andMarketing, Anacortes 13. TaSCa Refining, Ferndale 14. Van Waters & Rogers, Kent 

### 15. Washington State University, Pullman 16. .Washington Chemical, Spokane 17. Applied Process Engineering Lab. (RD&D), Richland 18. Burlington Env. - Kent 19. Burlington Env. - Tacoma 20. Sol-Pro, Tacoma Permit Date: 

### 3/31/87 (expired 3/31/97) 11/8/88 (submit renewal) 7/24/87 (expired 7/24/94) 11/8/88 (submit renewal) 8/5/91 8/26/92 9/18/92 8129/94 10/13/88 (submit renewal) 11/8/88 (submit renewal) 11/8/88 (submit renewal) 11/8/88 (submit renewal) 3/31/89 11/4/91 6/30/84 (expired 6/30/94) 6/30/84 (revoked 5/6/94) 12/15/98 8/28/98 4/23/99 4/23/99 

# '0

Existing facility whose permit application was denied: 1. 

### Cameron, Yakima 5/31/97 Existing facilities whose applications are being reviewed: 

### 1. Boeing, Everett 2. Bonneville Power Administration

-Ross Complex, Vancouver 3. CleanCare, Tacoma 4. Siemens, Richland 

### 5. USArmy, FortLewis' 6. USN BremertonShipyard, Bremerton 7. Washington Public Power Supply System, Richland Currently permitted facilities with an expired permit that 

### has resubmitted a permit application that are under review: 

### 1. Boeing, Auburn 2. Reichhold Chemical, Tacoma 42· ProgramDescription-Washin8'OnDepartmentofEcology HazardousWasteProgram Note: £aeh _00 designated by a eapitaJ letter is elated separately. See Seetion Beadings ror most reeeet update. 

# o

# •

•

• 3. Bay Zinc, Yakima 4. BSB/Hytek, Kent (post-closure permit) New facility whose application is under review: 1. Associated Technology Group, Richland Existing facility that is currently regulated solely by US EPA as a BIF whose application is being reviewed: 

### 1. Kalama Chemical, Kalama Existing facilities whose applications are yet to be reviewed: 1. ToxGon (Penberthy), Seattle 

### 2. US Army Yakima Training Center, Yakima 3. USN IndianIsland, Hadlock 4. USNNUWCKeyport, Keyport 5. Reflex Recycling, Tacoma Existing facilities that currently handle spentpotliner, a state-only waste. This waste will become a federal waste when EPA authorizes the state for this waste, scheduled for April 29, 1996. These applications are yet to be reviewed: 

### 1. Alcoa Aluminum, Wenatchee 2. GoldendaleAluminum, Goldendale 3. Intalco Aluminum, Ferndale 4. Kaiser Aluminum, Mead 5. Kaiser Aluminum, Tacoma 6. Reynolds Aluminum, Longview Existing facilities that currently handle a state-only waste; therefore, their application may not be requested by Ecology: 1. Petroleum Reclaiming Services, Tacoma 2. Fuel Processors, Woodland New facility whose application is not currently under review: 1. ESC (RabancoNonRoll incinerator), Vantage Land disposal facility that managed a state-only waste whose application for a post-closure. permit has not been requested by Ecology: 1. Lehigh Portland Cement, Metaline Falls Permitted facility with expired permit that has not resubmitted a permit application, but closed: 

### 1. Washington State University, Pullman Permitted facility whose permitwas terminated and closed: 1. Washington Chemical, Spokane
43 ProgramDescription- Washington Depanmoot ofEcology Hazardous W
.... Program Note: Eacb sectioo daiguated by a capital letter iJ dated sepantely. See Sectioo Headiop ror most recent update.Existing facilities that are closing or have closed so their applications will not be reviewed: 

### 1. Boeing Space Center, Kent 

### 2.
. Boeing

- Plant

### 2, Seattle 3. Cominco American (Johnson Matthey), Spokane 

### 4. Kaiser Aluminum, Trentwood 5. Northwest Alloys, Addy 6. Northwest EnviroService, Seattle 

### 7. RossElectric, Chehalis 8. Safety-Kleen, Auburn 2. Safety-Kleen, Lynnwood 3. Safety-Kleen, Pasco 11. Safety-Kleen, Spokane

. 12. 

### USAFFairchild AFB, Spokane

13. Boeing

- Renton, Renton
.. New facilities whose 

### applications have been withdrawn: 

### 1.
. ECOS, Lind 2. ESC (Grant County landfill), Vantage 3. Recontek, Richland
.

44 Program Description- WashingtOn Depanmenlof EcologyHazardousWasteProgram NOle: Eaeb section designated by a capilallettu is dated separately. See SectiOD aeadiDgs ror most reeeet upelate. 

# o

o

o

# •

•

• PART III COMPLIANCE MONITORING ANDENFORCEMENT Note: Appendix 1 containsthe full text ofthe Hazardous Waste/Toxic Reduction Program's (HWTR) ComplianceAssurance Policy (November 18, 1996). The following narrative on ComplianceMonitoring and Enforcement includes a summarization and, in some cases, elaboration, of information contained in the Compliance Assurance Policy. In particular, Section IV ("Enforcement Procedures") summarizes, explains and elaborates material in the Compliance Assurance Policy. The narrative is meant to offer a stand-alonedescriptionofHWTR's compliancemonitoring and enforcement policies for the reader not needingthe specific formal detailsofenforcement procedures contained in the ComplianceAssurance Policy. 

### I. Authority (last update: 12/9/96) Under the provisions ofthe Revised Code ofWashington (RCW) 70.105.080 and .095, Ecology has been given the authority to take enforcement action against any violator ofthe State's dangerous waste laws and regulations. This authority includes the ability to levy civil penalties up to a maximum of$10,000 per day ofnoncompliance per violation, order compliance with the regulations, and impose penalties for noncompliance with such orders. In no case should other enforcement authority be substituted when a violation is clearly a dangerous waste violation. Provision is also made for appeal ofdepartmental actions to the Pollution Control Hearings Board by the directly affected party. RCW 70.105.120 gives Ecology the authority to seek injunctive relief. Thus, Ecology has authority to direct the attorney general to bring suit on behalfofthe State, or take other action as may be necessary, to immediately restrain any person contributing to handling, storage, treatment, transportation, recycling, or disposal ofany dangerous or solid waste in a mannerthat may present an imminent and substantial endangermentto health or the environment. This authority is incorporated into WAC 173-303-960(2). RCW 70.105.090 makes certain violations a gross misdemeanor and provides for criminal sanctions. Additionally.Section 15 ofInitiative 97 amended Chapter 70.105 RCW to provide for strict liability for knowing endangerment ofpersons or property, with such offenses constituting a felony. The United States Environmental Protection Agency 

### has authorized the Department ofEcology with primary responsibility for administering the Resource Conservation and Recovery Act (RCRA) program. This authorization includes enforcement ofthe RCRA program.

.EcologylEPA agreements are developed as needed (for example, the November 4, 1994

Corrective Action Authorization Program Description and the November 18, 1996 Compliance Assurance Policy); these documents further outline respective roles and responsibilities.

45 ProgramDescription- WashingtOn Department ofEcology Hazardous Waste Program Note: Each section dcsiglUlledby I Clpilallctler is doled leplJ'lltdy. See Section H.-dings for most recent npdate.Il. Facility InspectionsNisits (With and Without TargetNumbers) and Selection Criteria A. Introduction (last update: 1219/96) 

### The goal ofthe Program's compliance monitoring and enforcement efforts is to ensure that facilities are operating in compliance with RCRA's requirements in an effortto reduce environmental risk and protect human health. The January 1992 State Hazardous Waste Plan (available from the Ecology Publications Office (360) 404-7472) developed generator and TSD (treatment, storage, and disposal facilities) inspection recommendations for addressing resource availability, contact frequency, and for measuring and monitoring compliance. A summary paperwas also prepared regarding Ecology's contact frequency with hazardous waste generators. This paperdiscussed the various methods used by Ecology to contact generators to provide technical assistance on regulation compliance and pollutionprevention. 

# o

While the HWTR Program continues to strengthenregulatory compliance through aggressive and timely inspection and enforcement efforts, the Program's primary approachto achieving compliance is to offertechnical assistance and informal enforcementto help businesses understand and voluntarily comply with environmental regulations. This approach is used before resorting to formal enforcement unless there is an imminentthreat to human health or the environment, or repeated non-compliance with regulations deemed important enough on which to spend limited state resources. The Program also aggressively pursues a strong compliance education component. Examples ofthis education component include: a Program education plan 

# 0 and a method oftracking its success; production ofindustry-specific educational materials on waste reduction, treatment, and disposal; development ofindustry-specific workshops; enhancement ofgenerator workshops; and continuation and strengthening oftechnical hazardous waste periodicals such as Shoptalk. B. Mandatory Inspections (last update: 5/10/96) 

### EPA has set priorities for the frequency ofTreatment, Storage, and Disposal (TSD) facility inspections. Inspections are to occur using the following schedule: NOTE: LDF= Land Disposal Facility 

### TSDs (general inspection) - Once every 2 years TSD Compliance Monitoring Evaluation (CME) - New facility or significant change in facility TSD Operation and Maintenance (O&M) - Once every third year unless a CME needs done Federally Owned TSDs - Yearly LDF with Class I Violation

- Yearly LDFwithout Class I Violation - Once every 2 years Closing LDF

- Once every 2 years Closed LDF in Post-Closure Care- Once every 2 years 46 Program Description-WashingtOn DepartmentofEcologyHazardousWasteProgram Note: Each seetioo designated by a capital letter is dated separately. See Section Headings for most recent update.. 

# ()

### RCRA requires the State to commit to inspecting some non-specified number offully regulated large

### 'quantity generators (LQG) each year. EPA's suggested eightpercent (8%) ofthe universe offully regulated LQGs has been used as Ecology's guideline for the numberofLQGs inspected each year. 

# • CERCLA Offsite (TSF) - Yearly



# •

• c. Non-Mandatory 

### Inspections/Visits (last update: 5/15/98) 

### In addition to inspections mandated by EPA, Ecology annually undertakesa substantial number ofadditional inspections and facility visits. These include: State Priority Inspections (including public complaint responses) Compliance Assistance (e.g., NewNotifier, Focused Industry Campaign visits) Multimedia Inspections Criminal Investigations Because ofEcology's emphasis on voluntary compliance, many compliance-related facility visits are not formal inspections with the possibility ofenforcement; such facility visits are considered . compliance assistance. Follow-up mayor may not include a letterproviding for self-reporting of correction ofregulatory infractions. All ofthese visits, with the exception ofcertain compliance technical assistance visits, are . recorded in RCRIS (Resource Conservation and Recovery Act Information System). Violations ofDangerous Waste Regulations determined as a result ofCompliance Assistance visits are discussed with business operators, but are not recorded and tracked in RCRIS. As a part ofthe Regulatory Reform Act of 1995, the Washington State Legislature adopted ESHB 1010, codified at Chapter 43.05 ofthe Revised Code ofWashington (RCW). Portions of this law require Ecology to provide an opportunity to correct violations priorto Ecology issuing penalties. Exceptions for issuing penalties are allowed under certain conditions where there is a probability ofimminent or substantial harm to the environment, human health, or specific permit violations exist. This new law does not substantially alter the traditional enforcement strategy adopted by Ecology. However, it imposed new procedural requirements and clarifiedthe expectation that the agency would provide education and assistance before enforcement. 19During the passage ofthis law, Ecology coordinated with EPA and the State Legislature in an attemptto assure that it would not contradict RCRA enforcement policies andjeopardize Washington State's RCRA authorization. However, it was later determined that there was a conflict. Chapter43.05 RCW limited Ecology's authority to issuepenalties in certain circumstances- See RCW 43.05.050 through

..070. These limitations threatened the validity ofWashington's Dangerous Waste Program because Ecology's authorization is dependent upon its programbeing at least as stringent as the federal RCRA program. To ensure that Washington's dangerous wasteprogram is as stringent as the federal RCRA program, Ecology determinedpursuant to RCW43.05.901 that the limitations of Ecology's authority to 47
Program Description- WashingtonDepattmcntof EcologyHazardous Waste Program Note: Each sectiondes;gnate<!by a apilalletter iJ date<!separately. See Section Heading>for most .-nt npdate. 

### ,.

### issuepenalties in RCW43.05.050 through 070 wouldnot apply to theportions of the State dangerous wasteprogram that implementfederalRCRA requirements. Notice was sent to the Governor and the Legislature as required by RCW 43.05.901 on December 10, 1997. Following is a briefdescription ofthe above listed categories offacility inspections/visits: 1. 

### State Priority Inspections These are formal inspections with possible enforcement follow-up that are performed at each region's discretion. Decisions on which facilities to inspect may be based on a number ofcriteria such as citizen complaints, past compliance record, type offacility, etc. 

### 2. Compliance Assistance Visits Ecology staffconducts a variety ofdifferent types ofcompliance assistance visits, including New Notifier visits, Increased Generator Contact visits, Joint Site Visits, Focused Industry Campaign visits, and Small Quantity Generatorvisits. Each ofthese have originated for differing purposes, but the overall goal is to make business operators aware ofhazardous waste requirements, provide targeted information on how regulations apply to theirbusiness, and offer information on means to gain voluntary compliance with the requirements. 

# o

a. New NotifierVisits Visits to those facilities that have recently notified EPA and the Department ofEcology oftheir existence, but have not yetbeen inspected. The purpose ofNewNotifiervisits is to provide newnotifiers with necessary information about the regulatory requirements for their facility; it is 

# 0 hoped, then, that future inspections will result in fewer compliance issues needing to be addressed. The visit is only to supply the facility with regulatory information, and requires no formal write up. 

### b. Increased Generator Contact Visits As part ofEcology's push towards voluntary compliance, a concerted effort is being made to contact as many generators in the State as possible with basic information on dangerous waste regulations. High volume offacility contacts is a major objective ofIncreased Generator Contact Visits. They are designed to be very short (less than 30 minutes), strictly voluntary informational visits targeted mainly at small and medium quantity generators. The point ofthe visit is to make them aware ofthe substantive dangerous waste regulations, answer any questions, leave basic written material, and initiate communication with Ecology'.


### c. Joint Site Visits Visits are conductedjointly by Hazardous Waste (HW) Compliance Inspectors and Toxics Reduction staff; compliance and technical information and assistance are provided. Whether the lead staffperson is a Compliance Inspector or a Toxics Reduction staffdepends upon the primary purpose ofvisit. 

### d. Small Quantity Generators (SQGs) SQGs includes both notifiers and non-notifiers. The determination ofwhich facilities to inspect 

# 0 varies based on regional priorities, needs, and interests. Many inspections are the result of 48 ProgramOesaiption- WashingtOll Departmen,of EcologyHazardousW
.... Program No'.: Each scotion designated by 0 upi'" I.tter is doted**sepo~tdy.** See Section B
..cIings for mos' recent opelote.

# •

•• complaints, such as dumping antifreeze, solvents, etc. With the county moderate risk waste programs now place, the counties do many ofthe SQG inspections in the State.


### e. Focused Industry Campaigns
. Ecology has found that a concerted compliance education effort targeted at generators belonging to specific industries is an efficient and effective use ofresources and obtains desired compliance results from generators. A focused industry campaign involves working with an industry's professional organizations to develop educational material on dangerous waste regulations and issues specific to that industry; pollution prevention options are also addressed. Ecology then visits as many facilities belonging to the particulartargeted industry category as possible. Ideally, Ecology attempts to visit all facilities in the State belonging to the targeted industry that have, or should have, RCRA ID numbers; in cooperation with Ecology, local agencies conduct visits to SQGs (those who have no RCRA ID numbers) within the targeted industry. 

### 3. Multimedia Inspections These inspections are conducted in conjunction with other Ecology Programs or EPA investigators for the purpose ofdetermining compliance with multiple environmental laws and regulations. This type ofinspection may result in enforcement follow-up. They are performed at each Region's discretion or through EPA's level D program. 

### 4. Criminal Investigations Criminal prosecution at Ecology is the responsibility ofEcology's criminal investigators; they work closely with EPA Region 10 criminal investigators. Ecology criminal investigators conduct site visits under search warrants to obtain physical evidence, samples, and witness or perpetrator statements relevantto possible criminal activity. Hazardous Waste/Toxics Reduction Program civil inspectors frequently participate as technical advisors during these search warrant investigations. 

### D. Corrective Action Compliance Monitoring (last update: 12104/96) NOTE: The following information on Corrective Action is meant to briefly summarize certain aspects ofHazardous Waste/Toxics Reduction Program's (HWTR) Corrective Action procedures which may be ofinterest to the reader wanting a comprehensive overview ofthe Program. This Section is not meant to supersede HWTR's November4, 1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or defmitive information on HWTR's Corrective Action policies, procedures, funding, staffmg, etc.

Program Description- Washington Department ofEcology Hazardous Waste Program Nol.: Each seedOD designated by. eapitalletter is dated separately. See Seenen Headings for most reeenl npdate.with othercompliance monitoring activities. Ecology may performthe following five compliance monitoring tasks for corrective action implementation: 

### 1. Corrective action compliance monitoring inspections Corrective action compliance oversight inspections include the bulk ofcorrective action compliance monitoring activities. These oversight inspections monitor site activity as required in the corrective action order or permits, and confirm that the owner/operator is progressing with corrective action investigations, studies or implementation consistent with progress being reported. Corrective action compliance monitoring inspections may include sampling. 

### 2. Comprehensive groundwater monitoring evaluations A comprehensive groundwatermonitoring evaluation is a detailed assessment ofthe

. adequacy ofthe design and operation ofa facility's groundwatermonitoring system. They

may include review ofthe owner/operator's characterization ofthe hydrogeology beneath dangerous and solid waste management units, monitoring well placement, depth, spacing, and well design and construction. They also include a review ofthe operation ofthe groundwater monitoring system through an evaluation ofthe owner/operator's sampling and analysis plan, and its implementation.



### 5. Compliance schedule inspections
. A compliance schedule inspection is an on-site inspection or other reevaluation conducted to verify compliance with enforcement actions, to verify compliance with

# a corrective action schedule, or to review deficiencies noted in a previous inspection. 

### III. Enforcement Procedures (last update: 12/04/96) Note: Appendix 1 contains the full text ofHazardous Waste/Toxics Reduction Program's (HWTR) Compliance Assurance Policy. The following narrative on Enforcement Procedures includes a summarization and, in some cases, elaboration of, information contained in the Compliance Assurance Policy. The narrative is meant to offer a stand-alone description ofHWTR's compliance monitoring and enforcement policies for the reader not needing the

. specific formal details ofenforcement procedures contained in the Compliance

Assurance Policy. Please referto Appendix 1 for a formal presentation of HWTR's compliance assurance policies. 50
. ProgramDescription-WashingtOn DepartmentofEcologyHazardousWasteProgram

.Note: Each section designated by a capitalletu:r is dated sepantdy. See Section Headings for mast recent npdate.
. 

# o

o

# •

•

• In enforcementcases, HWTR Program staffconsiderthe full range ofenforcement options available and choose the type(s) ofaction that will achieve, in a fair manner, full compliance with dangerous waste laws and regulations. Before any formal enforcement options are considered, HWTR is committed to offering technical assistance and informal enforcementto help businesses understand and voluntarily comply with environniental regulations. Ofcourse, violations that causeserious actual or imminentthreats to human health or the environment will be acted upon immediately. It is Ecology's intent to make enforcement response decisions and to issue enforcementresponse in a timely manner. In general, technical assistance and informal enforcement responses will be issued within 30 days ofthe determination ofa violation. A "reasonable time" will be given to correct any compliance violations. "Reasonable time" will be determined by considering the types ofviolations and the degree ofthreat to human health and the environment. However, wheneverpractical, all actions issued should require compliance within 9Q days ofviolation notification. The HWTR will make every effort to issue formal enforcement actions within 90 days ofthe determination ofa violation. However, in certain complex investigations a longerperiod may be required to develop an appropriate formal enforcement response; in these cases, up to 180 days will be allowed priorto issuance ofan action. Ecology's enforcement actions are divided into informal, formal, and criminal responses
. 

### A. Informal Enforcement (last update: 12/4/96) Informal enforcementtools are generally appropriate for violations encountered during first time visits to.a facility and/or to address minor violations, and may include: 

# » Certified warning letters, with compliance schedules and certifications. Verbal warning and/or instructions (e.g. telephone calls, field directives). Standard Dangerous Waste Compliance Checklist, that may be issued during inspections or mailed to the generator shortly after. (The Standard Dangerous Waste Compliance Checklist is presented as Appendix 3) Informal enforcement action will not result in penalties when a business operatorcompletes necessary actions to comply with regulatoryrequirements within a reasonable time. They will, however, be considered part ofthe public record for a facility. 

### B. Formal Enforcement (last update: 1214/96) Formal enforcement action, based upon on-site compliance inspections, may be taken to address imminentthreats to human health and the environment and other conditions which cause a facility to be classified as a SignificantNon-Complier. A SignificantNon-Complier is a facility that: a) has caused actual, or substantial likelihood, ofexposure ofhumans or the environment to hazardous waste orhazardous waste constituents; or b) is a chronic or recalcitrant violator of hazardous waste regulations; or c) has violation(s)which deviate substantially from the 51 ProgramDescription- Washington Department ofEcology Hazardous Waste Program Note: Eacb sectioa designakd by a capilal

_ is c1akdsepua!dy. See Seetion H
...d.iagsfor ma>trecent apdate.conditions ofa permit, order, agreement, or hazardous waste statutory or regulatory requirement. Formal enforcement actions may also be used when informal enforcement does not achieve compliance. All violations and formal enforcement actions are tracked in the RCRA Information System ("RCRIS"), as discussed in Part IV (Data Collection and Management). Formal enforcement may include: 

### 1. 

### Administrative orders. Administrative orders direct a specific course ofaction within a specifiedtime to achieve compliance. Administrative orders are unilateral actions, issued by Ecology pursuant to statutory authorities. Administrative. orders issued pursuantto Chapter 70.105D RCW (Corrective Action) may be reviewed only in Superior Court; orders regarding other DW regulations may be appealed and/or settled as outlined in Section V below (Appeals and Settlement Procedures). 

### 2. Agreed Order Agreed Orders are negotiated agreements between Ecology and a regulated respondent. Agreed orders may be negotiated in lieu ofan administrative order, or as resolution ofan administrative order; Agreed Orders are not filed in a court oflaw. Agreed orders direct a specified action or actions that must be taken by the respondent within a specified schedule. Agreed orders may contain provisions for administrative dispute resolution, enforcement, and/or stipulated penalties. 

# o

3. Consent Decree 

# 0 Consent Decrees are legally binding negotiated settlements. Consent decrees must be signed by the Ecology division ofthe State Attorney General's office and be filed in Superior Court. Consent decrees are enforceable by the courts. Failure to comply with a consent decree may subject the violating party to contempt ofcourt charges. 

### 4. Injunctive Relief Ecology may seek injunctive reliefin cases ofsignificantviolations and/or severe environmental orhuman health risk. Injunctive reliefis sought in Superior Court, and is generally initiated only after the violatorhas been notified ofthe violation and consequences ofnon-compliance, and has refused to take appropriate action. 

### 5. Penalties Ecology may assess penalties ofup to $10,000 per violation per day for failure to comply with any requirement ofChapter 70.105 RCW (Revised Code ofWashington) and any regulations adopted pursuantto it. The amount ofa penalty is determined by classifying the violator, reviewing specific violations, evaluating discretion factors, and using enforcement examples. For further details on penalty determinations, please refer to the Compliance Assurance Policy included as Appendix 1. 

# c
52 Prognm Description-WashingtOn DepartmentofEcologyHazardousWasteProgram Note: Eatb sectiOD designated by a capital letter is dated separately. SeeSeeUOD HeadiDgs for most recent Dpdate.

# • c. Criminal Prosecution (last update: 5/10/96) Generally, Ecology will seekcriminal sanctions only when violations are continued or repeated despite formal agency notification ofthe violation and its possible consequences. In cases of blatant disregard for human health or the environment, Ecology may seek immediate criminal sanctions. The intent ofcriminal enforcement is to obtain compliance by both the violating facility and the rest ofthe regulated community. The operating assumption is that willful, knowing violators ofenvironmental laws should be dealt with in the criminal court system. This tends to promote compliance by serving as a deterrent to othermembers ofthe regulated community. Ecology can pursue both civil and criminal enforcement actions concurrently. However, once a case has been referred to criminal investigators for action, good communication with the criminal investigators is essential. During a criminal investigation all otherregulatory or administrative actions may continue to take place, such as inspections, responses to complaints, normal permitting activities, and other routine administrative matters. Criminal prosecution requires a higher standard ofproofthan civil/administrative proceedings. In order to prevail in a criminal case, Ecology mustprove beyond a reasonable doubt that the regulated entity knowingly intended to violate State law. Criminal prosecution at Ecology is the responsibility ofEcology's criminal investigators who work closely with criminal investigators at EPA Region 10 and other law enforcement agencies. 

### • IV. Appeals and SettlementProcedures A. Appeals Process (last update: 5/10/96) Once a penalty or order has been issued, the violatorhas a right to appeal. An appeal may take one oftwo forms: I) an Application for Relieffiled with Ecology, and/or 2) an Appeal filed with the Pollution Control Hearings Board (PCHB). 

### 1. Application for Relief A violator has fifteen days, from the enforcement action delivery date, to file an Application for Reliefwith Ecology. Ecology acknowledges receipt ofthe Application within 30 days by letter. In the Applicationfor Relief, the violator states why they feel the enforcement action is inappropriate, or presents new relevant facts regarding the violation. The violator signs the Application for Reliefin the presence ofa notary.


# • Ecology considers the information in the Application for Reliefand determines ifthe enforcement action is to be canceled, affirmed, or in the case ofpenalties, reduced. In conformance with Ecology's Enforcement Policy, penalties will not be mitigated based on improvements to facilities or commitments to improve facilities when such improvements were legally required prior to the issuance ofthe enforcement action. Penalties will only be canceled or mitigatedwhen additional facts relevant to the violations citedare broughtto Ecology's attention.
53 ProgramDescription-WashingtOn DepartmentofEcologyIiazJlrdous WasteProgram Nou: EachsectiOD clesigoatedby • eapital leiteris dated separately. See SectiODBeadiDgs for most rueal Dpelate.Formal decisions are comprised ofa cover letter and a Notice ofDisposition Upon Application For Reliefwhich either affirms, mitigates or cancels the penalty assessed. The decision to mitigate, cancel, or affirm should include consideration ofthe argument provided by the violator in the Application For Relief. 

### 2. Appeal to the Pollution Control Hearings Board Any party feeling aggrieved by a final decision made by Ecology has the right to appeal to the Pollution Control Hearings Board (PCHB). The appeal must be filed directly with the PCHB within thirty days ofreceipt ofthe action or Ecology's final decision. A copy ofthe appeal is sent to Ecology. The PCHBwill set a hearing date; at the hearing the case will be reviewed and the PCHB will make a determination. Both the violator and Ecology have the right to appeal the PCHB determination throughthe courts. 

### B. Innovative SettlementProcedures (last update: 12/4/96) Note: A more detailed explanation ofthe Innovative Settlement process is presented in Appendix 2. The following narrative on Innovative Settlement Procedures includes a summarization and, in some cases, elaboration of, information contained in Appendix 2. The narrative is meant to offer a standalone summary description ofthe Hazardous Waste/Toxics Reduction Program's (HWTR) innovative settlement procedures for the reader not needing the more detailed explanation contained in the Appendix. Please refer to Appendix 2 for a more**de~iled** presentation ofthis subject. Currently, Ecology is limited by law as to what its initial compliance enforcement actions can be:

. . orders, penalties, and criminal actions. But once a violator appeals an enforcement action to the PCHB (Pollution Control Hearing Board), the violatorhas the option ofsettling with Ecology priorto the PCHB hearing. .The full range ofoptions is considered during the settlement process. Generally, the violator's attorney will seek resolution by contacting the assistant attorney general in charge ofthe case. All settlement offers are handled through the State Attorney General's (AG) Office in conjunction with the staffwho originated the action. Innovative enforcement settlements can be considered only during the settlement process. The AG's office, in consultation with the regions/programs, must be involved in all innovative settlements. While such settlements are not new to Ecology, the use ofthem should be encouraged when it is felt that they will improve compliance and have a beneficial impact on the environment. Currently, funds from penalties assessed by the Hazardous Waste Program are deposited into the State general fund. Once in the general fund, the money mayor may not be used for environmentally beneficial projects. The use ofinnovative settlements makes it possible to funnel money into projects that will directly benefitthe environment. . 1. 

### Innovative Enforcement Settlement Guidelines A penalty must be issued 54 ProgramDescription- WashingtonDepartmentofEc:ology Hazardous WasteProgram Note: Eacb sectiOD designated by a capital Iclter is dated separately. See Sectioa Beadiags for most ftCeDtupdate. 

# o

'0

()Only permissible after appeal to the Pollution Control Hearings Board (PCHB)

• Project should benefit environmental medium that was impacted by the violation Preferprojects with known economic value, i.e., hardware vs. service Project should have a great enough impact so that the violator does not receive an economic reward or tax break (the economic impact should be equal to the penalty amount and should take into account economic benefit gained by the violatorwhile they were in noncompliance) Project should not be something they have already done, were going to do anyway, or is already required by law, permit, or order Keep good documentation and develop a catalogue ofinnovative actions In general, innovative actions require the violator to do more than simply pay a penalty. The resulting settlement often requires the violator to provide funds for a variety ofenvironmentally beneficial activities. 

# •

• Examples ofpast innovative settlements include: funding for local Hazardous Materials teams, violator sponsored seminars, news letters, stream clean-ups, household hazardous waste collection, and public education. Specific questions regarding innovative settlements are handled through the Enforcement Section ofCentral Programs. 

### 2. Innovative SettlementProcess Steps 1. A penalty is assessed by Ecology. 2. The violator submits an Application for Relief. 3. Ecology denies the Application for Relief. 4. The violator files an Appeal to the Pollution Control Hearings Board. 5. Priorto the Pollution Control Hearings Board final hearing, Ecology, in conjunction with the Attorney General's Office, negotiates an innovative settlement. The settlement includes stipulated penalties. 6. The violator withdraws the Appeal to the Pollution Control Hearings Board, and Ecology and the violator enterthe settlement agreement to the Pollution Control Hearings Board. (Note: Ifthe violator chooses to appeal directly to the PCHB, steps 4- 6 are followed.)

55 Program Description- Washington Department ofEoology Hazardous Waste Program Note: Each section designated by • capital letter is dated sep.....tdy. See Seebon UeadiDgs for most I'ftt:nt upd.te.

## v. House Bill 1010 (Chapter43.05 RCW)- Technical Assistance Programs A. Purpose ofHB 1010 (last update: 5/15/98) Engrossed Substitute House Bill 1010 became effective on July 23, 1995 and is codified as Chapter43.05 RCW. It isa major piece ofregulatory reform legislation that includes significant provisions for technical assistance and enforcementthat are applicable to Ecology. HB1010 was initially developed by the Governor's Regulatory Reform Task Force out ofa concern about the volume and complexity ofgovernmentregulations. The Task Force believedthat most people would comply with regulations ifthey knew and understood what was required. HB 1010 was based on the premise that it is appropriate and more effective for agencies to emphasize assistance and education before imposing penalties. Enforcement should not take place those who voluntarily comply at a disadvantage. The Bill supports taking enforcement action against persons who receive technical assistance, but still fail to comply with regulations within a reasonable time. Note: It should be kept in mind that as mentioned at II. C., Ecology determined pursuantto RCW 43.05.901 that the limitationsof Ecology's authority to issue penalties inRCW43.05.050 through 070 would not apply to the portions of the State dangerous wasteprogram that implement federal RCRA requirements. 

### B. Provisions ofHB 1010 (last update: 5/10/96) 

# o

HB 1010 basically directs Ecology (and other State agencies) to provide notice and an 

# 0 opportunity to correct many regulatory infractions before issuing administrative penalties; at the same time, it recognizes that immediate issuance ofapenalty may be needed for certain types of violations. Among otherthings, this law: describes those situations when an immediate administrative penalty can be issued, clearly defines a "technical assistance" visit, and creates new documentation and notification requirements for site visits ifthe agency wishes to preserve the option oflater issuing administrative penalties for failure to correct certain types ofviolations within areasonable time period. HB 1010 defmes a "technical assistance" visit as a visitby a regulatory agency to a facility, business, or other location that: a) has been requested or is voluntarily accepted; and b) is declared by the regulatory agency at the beginning ofthe visitto be a technical assistance visit. While HB 1010 places some limits on issuing administrative penalties, it has no impact on Ecology's ability to pursue the following: administrative orders; injunctive relief; resource damage assessments; wages, premiums, interest, and late fees on existing obligations; MTCA (Model Toxics Control Act) penalties throughthe courts; and criminal actions. The law does not limit Ecology's authority to issue a civil penalty authorized by law based upon a person's failure to comply with specific terms and conditions ofany permit or license issued by Ecology to that person. For "technical assistance" visits, Ecology can still issue immediate administrative penalties for 

# O· the following: 56 Program Description- WashingtOn Department ofEcology Hazardous Waste Program Note: Each section designated by a capital letter i. dated separately. See Section Headings ror most receot update.

# •

•

• a) the individual or business has previously been subjectto an enforcement action forthe same or similartype ofviolation, or has been given previous notice ofthe same or similartype ofviolation; b) the violation has a probabilityofplacing a person in danger ofdeath or bodily harm, has a probability ofcausing more than minor environmental harm, or has a probability ofcausing physical damage to the property ofanother in an amount exceeding one thousand dollars. Ifa violation found during a technical assistance visit does not fit one ofthe above exceptions and Ecology wants to preserve the option ofissuing an administrative penalty, Ecology must provide a "notice ofcorrection" to the owner ofoperator ofthe facility ofany violations oflaw or agency rules. This notice must be provided during the visit, or within a reasonable time thereafter, and must include specific types ofinfonnation, including: a description ofthe condition that is not in compliance and the specific citation in the applicable law or rule; what is required to achieve compliance; the date by which the agency requires compliance; notice ofhow to contact any technical assistance services provided by the agency or others; and notice ofwhen, where, and to whom a request to extend the compliance deadline for good cause may be filed with Ecology. During any site visit other than a "technical assistance" visit, Ecology may issue an immediate administrative penalty ifthe violations fall into categories "a)" or "b)" given above, 

### or compliance has not been achieved by the date established in a previously issued notice of correction. Ifno previous notice ofcorrection has been issued for a violation found during a non-technical assistance visit and the violation doesn't fit into category "a)" or "b)" above, Ecology can issue a notice ofcorrection. The notice ofcorrection must containthe same information indicated above for a "technical assistance" visit notice ofcorrection.

57 • Program Description-WashingtOn Departmentof EcologyHazardous WasteProgram Note: Each section designated by a capital Iettnis daled sepal'llllely. See Seetion Headings for most recenl updale.

### PART IV DATA COLLECTION AND MANAGEMENT
I. RCRA Information Management (last update: 5/15/98) The cornerstone for information management in the Hazardous Waste Program is the EPA/State Identification, or RCRA Identification, number notification system. The U.S. Department of Transportation and EPA require an active RCRA identification number on manifests that accompany shipments ofregulated hazardous/dangerous wastes. A RCRA Identification (ID) number identifies the generators (originator), transporters, and Treatment, Storage, Disposal, and/or Recycling Facilities (receivers) that handle regulated dangerous wastes. A dangerous waste handler who needs a RCRA ID numberfills out a Washington State Notification of Dangerous Waste Activities form (Form 2) and sends it to the information unit at Ecology Headquarters. It is reviewed there for accuracy, then an ID number is assigned. 

# o

The Washington Department ofEcology and the EPA worktogetherto manage information relating to the implementation ofRCRA. Both agencies use the Resource Conservation and Recovery Information System (RCRIS) for the storage, tracking, and analysis ofdata relating to state and federal hazardous waste program activities. Those who generate, transport,store or treat hazardous waste in Washington State are identified with the uniquely assigned federal ID number discussed above. Information obtained from Notification ofHazardous Waste Activities,

. applications for Hazardous Waste permits, inspections, corrective action procedures and 

# 0

enforcementproceedings are entered into RCRIS by HWTR stafflocated in Ecology's headquarters and regional offices, and by Ecology staffin the Industrial Section (Solid Waste and Financial Assistance Programs) and the Kennewick office ofthe Nuclear Waste Program. Monthly, the information entered by Ecology into the RCRIS system is merged with similar RCRIS information entered by EPA. The details ofhow both agencies use RCRIS and how the information merges together is described by a November 1990 Memorandum ofUnderstanding (see Appendix 4). This memorandum allows the two agencies to divide or share the responsibilities for administering and monitoring ReRA compliance. RCRIS information is used to provide feedback to Ecology staffand management on current, historical and planned activities, as well as provide data to EPA Region 10 and EPA Headquarters for their oversight functions. 

### II. Hazardous Waste Annual Reporting (last update: 5/10/96) The State requires all facility sites with an active RCRA ID numberto submit an annual report on their dangerous waste activities to Ecology by March 

### Ist ofthe following year. This is more strict than federal regulations, that require data submission only from Large Quantity Generators (LQGs) for the national Biennial Report on every odd numbered year (i.e., once every two

### ~. 

# 0

-58 Program Description-WashingtOn DepanmentofEcologyHazardous WasteProgram**No~:** Eacb section designated by a capital Ictta" is dated separately. See Seetion Hcadings for most recent update.

# •

• Data from the annual reporting system has many uses: It is submitted to EPA to satisfy the Federal Biennial Reportrequirement, and is analyzed to determine Washington's current and future ability to treat and dispose ofwaste generated in the state; By inputing annual report data into the Capacity Assurance Plan, Washington has direct input into the national data base; It is provided to other agencies and the business community that request the data for their own planning purposes; Within Ecology, the data is used as the basis for 1) biennial updates and revisions every six years to the State Hazardous Waste Plan, 2) regulatory development and change efforts, 3) technical assistance to promote wastereduction, and 4) assessment ofHazardous Waste Generator Fees. An annual report summary is writtento analyze each year's data and for comparisonto previous years' data for trend analysis. 

### A. Previous Hazardous Waste (HW) 

### Reporting System (Form 4/Form 5) (last update: 5/10/96) From 1982 until 1994 Ecology collected annual report data on two forms: the Form 4 for generators and transporters ofdangerous waste, and the Form 5 for receivers (TSDRs or transporters, storers, disposers, or recyclers) ofdangerous waste. These reports were originally designed to track 'cradle to grave' manifest information and to answer questions about waste movements between different sites. In lateryears additional questions were asked about how waste was being managed on site; for example, 'How much waste is recycled on site?'. Yet, the data elements needed to answer some basic current waste management questions and to meet EPA's Biennial Reporting requirements were still missing. Additionally, Ecology was attempting to reduce stafftime allocated to QA/QC (quality assurance/quality control), while simultaneously improving access to, and timeliness of, the data. 

### B. NewHazardous Waste (HW) 

### Reporting System (last update: 5/10/96) Beginning in 1995, annual report data has been collected on a set offorms designed to track the nature, source, and management (both on-site and off-site) ofdangerous wastes. These new forms were designed following an information needs analysis ofdatarequired under federal and Washington State law. These new forms include: 

# • GSI (General Site Information)-
GM (Generation and Management)- WR (Waste Received)- reports general site location and contact information, reports waste generation and management, reports waste received from off-site, 59 ProgramDescription- WashingtOn DepartmentofEa:>logyHazMdousWasteProgram Note: Each sectionclaiguated by a capitallctter is dated sepanleJy. See Section Headings for most recent npelate.CI (Capacity Infonnation)-
01 (Off-site Identification Fonn)- reports waste management capacity for commercial facilities receiving waste from off-site, and indexes name and address information to the ID numbers ofgenerators, transporters and TSDRs referenced in the other forms, 

# o

The data contained in these forms is entered into a new computerized database system called the Hazardous Waste Information System (HWIMSy). 

### III. OtherImportant Data Systems The HWTR Program maintains a number ofother automated data systems designed to help organize Program information, track accomplishments, and plan how to best allocate resources. Among the most important ofthese systems are the following: 

### A. Institutional Memory (last update: 5/10/96) Institutional Memory is a computerized compilation ofhundreds ofletters, memoranda, background documents, fact sheets, etc. that the HWTR Program has available to all staffto research questions concerning the interpretation ofdangerous waste regulations. All documents that may have future precedent setting or interpretive value are added to the Institutional Memory system. The system uses a software called Folio Views, that is a "text database" software capable ofthe following major functions unavailable with standard wordprocessing software: The Institutional Memory material is hierarchically organized. This allows for a table of contents that can quickly locate documents and display their topics. Boolian searching is possible. The software indexes every word in the Institutional Memory system and can locate all places where specific combinations ofspecific words or phrases occur. Restricted searches speed search times. Using what are called "fields", Folio allows the creation ofany number ofsub-sets ofthe information in the system. This allows extremely
. rapid searching and retrieval ofsearch information, For example, Institutional Memory has a field called "keywords". When a search is done using the "keyword" field, only the information designated as being in the "keyword" field will be searched- not the thousands of pages in the entire system. The system has hypertext capability. Folio has the ability tojump from any point in the system to any otherpoint in the system in an endless chain. When researching telephone inquiries from the regulated community, staffoften initially 60 ProgramDescription-WashingtonDepartmentof EcologyHazardous WasteProgram Note: £acb seclion designted by • capitall"",,r is dated sep.rotdy. SeeSeelion Beadings ror most recent update. 

# '0



# o

# •

•

• searches Institutional Memory to see if, and how, Ecology staffhas addressed similar questions in the past. 

### B. Monthly Report Database (last update: 5/10/96) The Hazardous Waste and Toxics Reduction Program (HWTR) performs many tasks related both to compliance monitoring/enforcement and pollution prevention which cannot be tracked in RCRIS. The Program has developed anACCESSdatabase application to quantitatively track the more important ofthese tasks on a monthly basis. Examples ofdata tracked in the Monthly Report Database are: compliance workshops and number ofattendees, pollution prevention workshops and number ofattendees, number ofvisits to facilities that mustprepare Pollution
. Prevention plans, number ofcompliance-related technical assistance phone calls answered, number ofpollutionprevention-related technical assistance phone calls answered. Data is entered into the system through Ecology's Wide AreaNetwork; monthly and year-to-date summary reports can be generated by the system to assist Program management in assessing progress in achieving yearly task goals and in planning resource allocations in the future. 

# c. Pollution Prevention Opportunities Database (lastupdate: 5/10/96) Under the State Pollution Prevention Planning law, businesses that generate over a certain amount ofdangerous waste per yearmust report under federal SARA III (Toxics Reduction Inventory) and are required to prepare Pollution Prevention Plans and to submit annual progress reports (APR). The types ofdata and narrative content ofPollution Prevention Plans are specified in guidance issued by Ecology. HWTR has developed anACCESSdatabase application to record certain types ofdata contained in Pollution Prevention plans and annual progress report; this data can then be analyzed in numerous ways to assess the success ofdifferent Program policies and undertakings. The Opportunities Database has undergone significant development in the past several years and is continuing to evolve. The database was used for extensive analysis ofthe first five years of pollution planning requirements in the electroplating, printed circuitboard, and fiberglass industry sectors.

·61 ProgramDescription- Washington DepanmentofEcologyHazardous WasteProgram Note: Eachsection desigDated by. capital

_ is dated separately. See Sectio. Headings for most receot update.IV. Regulated Community Data Estimates

, . A. Number ofNotifiers by Activity Reported (last update: 5/10/96) The following information depicts the status ofWashington State as ofNovember 1994. 

# o

Regulated Entity Transporters Generators (fully regulated) Generators (includes CESQGs)

. TSDs Number (RCRIS Data) 667 985 (active generators) 5,621 (active generators) 20 B. Amount ofWaste Treated, Stored, and Disposed (last update: 5/10/96) Datacollected and analyzed for 1994 and 1993 showed the following: 

# I WASTE GENERATION 

# I 1994 TONS 1993 

# I

Permit-By-Rule Waste Water (Waste waters treated then 6,563,437 6,843,473 discharged under a Permit-by-Rule or a NPDES Permit) Recurrent Waste (waste from generators' on-going 226,246 213,374 production process) Non-Recurrent Waste (waste from clean-up or spills) 97,376 83,996 Radioactive Mixed Wastes (designated dangerous waste 89,856 . 11,147 that exhibit low level radioactivity) Radioactive Mixed Waste Waters 1

- (Impoundinent at 39,104 38,094 Siemens Power Corp.) TOTAL 7,016,019 7,190,084

1 This waste has been analyzed separately due to its unique nature. 62 Prognun Description-WashingtOnDepartment ofEcology Hazardous WasteProgram Note: E.th section designated by • capital letter is dated separatdy. SeeSection HcacliDp for most recent update. 

# o

o

# •

•

• PERMITTEDWASTE MANAGEMENT 1994 TONS 1993 

### Treatment' (physical, chemical or biological processing) 6,689,667 7,195,806

.Storage 

### (holding ofwaste for temporary period) 119,498 385,131 Disposal' (discharging, discarding or abandoning ofwaste) 13,296 457,262 TOTAL 6,822,461 8,038,198

WASTE MOVEMENT 

### 1994. TONS**1,,~** 

### Kept on-site 6,752,568 7,651,416 Sent off-site in Washington 48,914 359,080 Exported out ofWashington 187,301 207,102 Exported to Oregon 127,634 111,372 % ofExported Waste going to Oregon 68% 54% Imported into Washington 20,995 27,709

2 Treatment includes waste that may have also been stored.

3 Disposal includes waste that may have also been stored and/or treated. 63 ProgramDescription- Washington Department ofEcology Hazardous Waste Program Note: Eacb _n designated by • capital letter is dated separately. Set:Section Headings for most recent update.PART V AGENCY STRUCTURE, BUDGET, AND RESOURCE ASSESSMENT


### I. Agency and Hazardous Waste Program Organization and Responsibilities A. Department ofEcology Organization (last update: 5/15/98) 

# o

The Washington Department ofEcology (Ecology or Agency) is the agency mandated by the State Legislature to administerWashington's federally approved Resource Conservation and Recovery Act (RCRA) program. As shown in Figure 4 (Washington State Department of Ecology Organizational Chart), Ecology Programs are essentially organized eitherby environmental media subjectto contamination (air, land, water) or contaminant (e.g., nuclear waste) with four main regional offices (Central Regional Office in Yakima, Eastern Regional Office in Spokane, Northwest Regional Office in Bellevue, and SouthwestRegional Office in Lacey) set up to act as the operating arms ofthe agency. An exception is Central Programs, which has numerous cross media and cross Program functions. Each Program operates under an appointed Program Manager who reports to the Deputy Director and the Director ofthe Department. Within Ecology, three organizational groups have responsibilities for implementing Washington's dangerous waste regulations and its federally approved RCRA program: the Hazardous Waste and Toxics Reduction Program (HWTR) in both the headquarters and regional offices, the Industrial Section (in the Solid Waste and Financial Assistance Program) located at headquarters, and the Hanford Section (Nuclear Waste Program) located both in the Tri-Cities 

# 0 and at headquarters. HWTR has lead responsibility and does the majority ofthe dangerous/hazardous waste regulatory implementation work. In 1990, Ecology Programs were reorganized to better integrate and coordinate Ecology's work throughout the State. Priorto the reorganization, the regional offices were fairly autonomous entities under a Central Operations Program. Now, each Ecology Program has a Section located at each regional office operating under a Regional Office Section Supervisor. Regional Office Section Supervisors for each Program report directly to the respective Program Managers at the Ecology headquarters office. This organizational structure allows for better statewide consistency in planning a Program's resource allocations, interpreting regulations, and implementing Program tasks. Regional Program Sections still have sufficient independence to address characteristics (e.g., industry types, population density, etc.) unique to theirregion.



# o
64 ProgramDescription- WashingtOn Oopanment ofEcologyHazardous WISlCProgram Note: Each sectiondesignated by a capitallelta" is dated sepantdy. See Section Beadings for DlOst recent ujldate.

# •

•

• B. Hazardous Waste and Toxics Reduction Program Responsibilities and Organization (last update:5/15/98)
. 

### 1. Responsibilities and Tasks

a. Compliance Monitoring and Enforcement: The Hazardous Waste and Toxics Reduction Programhas primary responsibility for implementing federal and State hazardous waste rules and regulations. It undertakes this responsibility through fair and reasonable exercise ofthe following tasks: Inspections: Conducting on-site inspections at generator locations and treatment, storage, and disposal (TSD) facilities. Enforcement: Undertaking appropriate enforcementactivities when regulatory violations are found; negotiating resolutions to violations to increase overall regulatory compliance. Permitting Treatment, Storage, and Disposal**(TS~)** Facilities: Review permit applications and requests for permit modifications. Closure Work: Review and oversee closure and post-closure ofTSDs. Corrective Action Work: Review and oversee corrective action work. b. Voluntary Compliance and Education: In addition to compliance monitoring and enforcementtasks, HWTR devotes considerable resources to voluntary compliance with dangerous waste regulations. To promote voluntary compliance, the Program maintains a full range ofeducational and informational activities designed to help the regulated community voluntarily comply with State and federal regulations. Tasks undertaken by HWTR in this category include: New Notifier visits, Increased Generator Contactvisits, and single-industry campaigns; Preparation ofHazardous Waste guidance documents, Technical Information Memoranda, etc.; Conducting workshops addressing small business regulatory issues; Respondirig to compliance/regulatory phone calls, letters, etc. from organizations; and Supporting school curriculum development concerning proper waste management.
c. Promotion ofPollution Prevention and Toxies Reduction HWTR promotes pollution prevention both through provisions in the Pollution Prevention Planning law andthrough work unrelated to the planning requirements. With regard to implementing State requirements for pollution prevention planning, the following tasks are important to note: Assistance in facility-specific plan implementation by overseeing development and implementation ofrequired facility-specific Pollution Prevention Plans and Progress Reports, Provision oftechnical assistance and guidance on pollution prevention planning to facilities, Updating guidance for reporting progress in pollution prevention, and 65 Program Description- W';hingtOl1DepartmentofEcology Hazardous Waste Program Note: Each rectioa designated by a capitalldtor iJ elated separately. See Sectiaa Headiogs for most receDt upelate,Publishing and distributing a Pollution Prevention Guidance Manual. In addition to work required for pollution prevention planning, HWTR develops and maintains a 

# 0 full range ofactivities designed to promote pollution prevention. These include.. Conducting workshops addressing small business pollution prevention issues; Developing pollutionprevention written material, slide shows, etc.; Providing speakers for public service groups, community action groups, etc.; Supporting school curriculum development on pollutionprevention; Providing incentives for Pollution Prevention in Industry; and Integrating pollution prevention into single-industry campaigns. d. Develop and Maintain Information Data Management and Reporting. To comply with certain federal and State data tracking requirements, as well as assist in Program planning and resource allocation, HWTR collects, compiles, analyzes, and' reports hazardous waste generation, transportation, treatment, storage, and disposal data; pollution prevention planning data; toxic substances use/use reduction data; and toxic substances release data. Specific data information management 

### tasks include: Collecting, analyzing, and publishing data from Annual Reports from Hazardous Waste (HW) Handlers; Maintaining the Institutional Memory system, a computerized compilation ofall Program regulatory interpretations, background documents, fact sheets, etc.; Maintaining RCRIS Hazardous Waste (HW) Handlers Database; Maintaining SARA III Toxics Releases Database (TRI database); Developing and Maintaining Pollution Prevention Databases including the Pollution Prevention Plan Tracking Database and the Pollution Prevention Opportunity Database; and Maintaining Community-Right-to-Knowhotline arid public disclosure ofhazardous waste regulatory data. 2. HWTR Organization The Hazardous Waste and Toxics Reduction Program Manager supervises two headquarters sections- the Technical Assistance and Policy Section and the Information and Permit Management Section- plus the HWTR staffin the Regions; organizational flow diagrams are shown in Figures 5 and 6.

a. Headquarters Sections Organization The Hazardous Waste and Toxics Reduction Program (HWTR) has two separate Sections at headquarters: 1) the Technical Assistance and Policy Section (TAPS), and 2) the Information and Permit Management Section (I&P). 

# o

TAPS has primary responsibility for: Program planning and development; development ofnew Program policies and guidance; StatelEPA Performance Partnership (formerly SEA) planning 

# 0 and monitoring; Dangerous Waste Regulation development; and numerous technical regulatory
.

. 66. ProgramDescription-WashingtOn DepanmenlofEcologyHazardousWasteProgram Note: Each section designated by • copitoJlener i. dllted
.....rotdy. See Seetion Hoodings for most reeenl updllte.

# •

•

• support functions (see Figure 5). TAPS developed and periodically updates the State Hazardous Waste Plan that includes recommendations for improving dangerous/hazardous waste management. Among its technical support functions, the TAP Sectionprovides technical assistance, regulatory interpretations, and information for incorporatingpollution prevention into . the operations ofbusinesses and industry, and amends the regulations and prepares authorization

applications. The section works with the EPA to see that RCRA requirements for hazardous waste management are properly carriedout at the State level. TAPS provides technical assistance to inspectors and permit writers in the Regional Offices, Industrial Section, and Hanford Section ofthe Nuclear Waste Program. In addition, it coordinates compliance monitoring activities and ensures statewide consistency in the application ofDangerous Waste Regulations. Most public involvement aspects ofthe Program are coordinated through the TAP Section. The I&P,Section collects and analyzes data on hazardous waste streams and waste generators (annual reports, etc.) and supplies information on hazardous substances through community right-to-know laws
.. Any necessary tracking and reporting functions, including the annual report, are the responsibilities ofthis Section. I&P staffcoordinate compliance with the "Hazardous Waste Reduction Act", which requires certain generators to prepare comprehensive hazardous substance use/hazardous waste reduction plans. They are responsible for collection ofthese waste reduction plans, conducting required legislative tracking, and providing computer support required to compile and analyze data related to Waste Reduction Act planning. The Hazardous Waste Permits Unit within I&P issues permits for facilities that treat, store, or dispose of hazardous wastes. Beforea facility can receive a permit, it must successfully demonstrate that it complies:with stringent State and federal laws and will not harm public health or the environment. The Permits Unit is a centralized unit in the HWTR Programthat was organized to concentrate permitting expertise into one group. They are responsible for, or assist with, permits for many ofthe more complex TSD facilities in the state. The Permits Unit staffcoordinates permit activities and write permits at selected TSD facilities. b. Regional Sections Organization ' Ecology regional office staffhas the authority and responsibility for all operational aspects ofthe HWTR Program (Figure 6). The four Regional offices are located in four geographically separated regions ofthe State; HWTR Program staffis located in each region. The regions cover Southwest, Northwest, Central, and Eastern Washington. Each regional office has a designated HWTR Section. The regional staffare responsible for carrying out compliance inspections, conducting closure and post-closure activities (overseeing closures), reviewing plans and permits, providing regulatory interpretations and technical assistance, responding to citizen complaints about such things as hazardous materials spills and illegal dumping, and overseeing corrective action. They are the primary agency contact with all generators, transporters, and some TSD facilities. Regional staffimplements the agency enforcement policy by documenting and making recommendations for enforcement actions to their Regional HWTR Section Supervisorwho has signatory authority for all enforcement actions within theirjurisdiction. These supervisors report directly to the Hazardous Waste and Toxics Reduction Program Manager. They use guidance and policies provided by the TAPS Section and are responsible for completing tasks Ecology has committed to under the Performance Partnership agreement negotiated with EPA. .
. 67 ProgramDescription- WashingtOn DepartmentofEcologyHazardousWasteProgram Nolo: Eacb sectioo designated by • capital letteris dated separatdy. See Seelioo Beadiog> ror most reeeol opdate.The Industrial Section located in the Solid Waste and Financial Assistance Program and the Kennewick Office ofthe Nuclear Waste Program also carry out regional office functions. The 

# 0 Industrial Sectionhas major industries as their area ofresponsibility (e.g., pu1pand paper, oil refining, and primary metals). This section essentially acts like a fifth region, performing compliance inspections and writing permits for most oftheir facilities. The Nuclear Waste Program's Kennewick Office is located in Kennewick and is responsible for all dangerous/hazardous waste and hazardous waste cleanup program activities at the Hanford Reservation. Like the Industrial Section for major industries, the Nuclear Waste Program's Kennewick Office carries out all the functions ofaregional office at the Hanford Reservation. While its primary focus is the Hanford Reservation, the Kennewick Office also has responsibility for implementationofthe dangerous/hazardous waste regulations and policies as they apply to mixed waste (dangerous/hazardous waste that is also radioactive) at non-Hanford Reservation facilities. Generally, the responsibilities for inspection, permitting, compliance and enforcement, and corrective action at facilities where mixed waste is generated or treated, stored, or disposed are carried out with the assistance ofthe appropriate Regional Office.


# o

o

Program Description-WashingtOnDepartment ofEcologyHazardous Waste Progr2m Note: Each section designated by a capital letter iJ dated separately. See Seetion H
...diugJ for most receut update.

### Washington State 

# Department of Ecology 

# •

Office of Attorney General Jay Manning SeniorAssistant Attorney General BevJolley 

# I unication & ucation heryl chlson irector

Wolcott Intergovernmental Relations Bill Alkire

Director Vickie Van Ness Deputy Director Operations Dan Silver Janice Jackson 

## I NuclearWaste Program Mike Wilson Manager Central Regional Office Director PoUyZehm Michelle Underwood
Northwest Regional Office Director Mike Rundlett Eastern Region Office Director Tony Grove Marilyn Nelson

Southwest Regional Offic Director

Sue Mauerman Tammie McClure Toxics Cleanup Program Mary Burg

Manager Carol Perez Air Quality

Program Joe Williams Manager Gerry Kunkel Nancy Groves



## - Loma Mende Correa



### Figure 4. Washington State Department ofEcology-


# •

69 ProgramDescription- WashingtOn DepartmentofEcologyHazardousWasteProgram Note: EachsectiODdesignated by a capital letteris dated separately. See SectiODHcadiDp for most recent Dpdate. June 4, 1998

## Hazardous Waste and Toxics Reduction Program Headquarters



# () 

# o Greg Sorlie Program Manager WMS03 Nancy Hautenne 

### I Bev McCoy. 

# I Sspv 

### I OAS 

## I 

# I Information and Permit

Management Section Criminal Investigations Technical Assistance and Policy Section Tom Cook o Gerd Hattwig, ES Section Manager oNorm Mollerup, ES Lorie Hewitt WMS02 Section Manager WMS02 

# I I oTeri North, SSr oCathy Bouge, SSr oEd Bentley, CIC oDennis Bowhay, ES oJulie Carrasco, HRDS2 oChris Chapman, WMS oAllen Robbins, EP3 -Tom Loranger, EP 

## I 

# I I I 

# I Bob Lemcke Jerry Lenssen Ty Peggy Morgan P2/CRTK Unit Thomas

Supervisor Permits Unit Supervisor Supervis·or Supervisor ES2B ES2C ES2B ES2C 

# I I 

# I -Tlm Gaffney, EP oDave Davies, ES oTom Cusack, ES oMamie Black, EEOS oldell Hansen, ES oMichelle Elling, ES oLynn Helbrecht, EP oJLidy Kennedy, EE oLarry McCallum, EP oSonja Hutchinson, SSr oChipper Hervieux, ES oBonnie Meyer, EEO oJohn Ridgway, ES oRob Kirkwood, EP oHal!)' Johnson, E (Volunteer) oJoan Morris, CIC oHolly Sullivan, ES oJanet Rhodes, EP oKathleen Kaynor, ES oDarin Rice, ES oSadie Whitener, ES oMarty Werner, EE oMiles Kuntz, ES oDave Rountry, ES oJerry Parker, EP oDave Zink, ES oStacie Singleton, EE oElliott Zimmermann, EP June 4,1998 

### Figure 5. Hazardous Waste and Toxics Reduction Staff- Headquarters Staff



# o

70 ProgtamDescription- WashingtOn Depanment ofEcology Hazardous Waste Program Note: Eacb sectioo designated by a capitallette. is dated sepuatdy. See Seedoa aadiags for most
.......t upelate.

### nazaraous vvaSle ana IOXICS l"\eaUCllon**~rogram** 

### Regional Offices

a 

# • Greg Sorlie Program Manager WMS03 

# I I Nancy Hautenne, SSpv Bev McCoy, OAS 

### I I 

### I I I Julie Sellick Kay Seiler Jim Maim Brian Dick NWRO· SWRO ERO eRO WMS02 WMS02 WMS02 WMS02

ennann I Sharon Huff

. Donna Nicholson KayAllhlser I I SSr SSr SSr Rosemary Pascu 

# , SSr 

### I I 

# ] Barb Smith Erin Guthrie Jim Sachet Hugh O'Neill Doug Jayne HWTechComp HWTechComp HWCompUnlt TR Unit TR Unit Unit 1 Unit 2 ES2B ES2B ES2B ES2C ES2C 

# I • Mark Benedict, E • Dennis Bowhay,



## - • JC Annbruster, ES • Chris Neumiller, HG • Emily Celto, ES • Dick Granberg, E EE • J. David Hohmann, ES • Marglt Bantowsky, EE • Tom Mackie, HG r, HG • David Hovik, ES • Joe Cason, ES • Kala Petersen, HG • Bob Goldberg, EE • Jerry French, ES • Rolfe Parsloe, ES , EE • Dave Misko, ES • Lisa Rozmyn, ES • Dave Polivka, HG • Patricia Jatzcak, ES • Ed Hares, HI> • Jim Pearson, ES

HG • Leslie Morris, ES • Nicky Rushing, ES • Howard Steeley, EE • Michael Johnson, EE • Lynn Maser, ES ·Vacant, ES • Bob Stone, ES • Dave Saun c18rs, ES • Leon Wilhelm, EE • Vem Meinz, EE • Keith Stoffel, HG • Christina Zerby, EE • Vacant, ES • Dan Willey, ES • Helen Pressley, ES • Jan Brydsen, ES



## - • Michelle Underwood, ES 

### I • Laura Schleyer, ES 

# • • Mark Wallace, ES2 • John Blunt, ES •Tiffany Yelton, ES Vaneouver Field • Damon Delistraty, TOX Office • Camille Frensdorf, ES DeeWilliams, ES • Jeff Phillips, ES • Mamie Solheim, OAS

June 10,1998 

### Figure 6. Hazardous Waste and Toxics Reduction Staff- Regional Stafffl, 

### HWTR Program Funding Sources (last update: 5/10/96)



# •

71 ProgramDescription- WashingtOn Department ofEcologyHazardousWasteProgram Note: Each section designated by a capital lett
... is dated separately. See Section Bcadings for most recent update.

### Table 2. Funding Profile for the 1995-97 Biennium (July 1, 1995 - June 30, 1997) 

# o

FUND Planned Planned 1995-97 Fiscal Year Fiscal Year Biennium 1996 1997 Totals 1 General Fund-Federal (2) $1,611,769 $1,355,958 $2,967,727 State/Local Improvements AccountWaste Disposal Facilities 24,616 25,622 50,238 Worker and Community Right to Know Account 156,310 162,690 319,000 State Toxics Control Account 4,636,493 4,825,738 9,462,231 Hazardous Waste Assistance Account 1,173,811 1,221,722 2,395,533 TOTALS $7,602,999 $7,591,730 $15,194,729

Major funding sources for the Dangerous Waste Program include federal RCRA (Resource 

# C Conservation and Recovery Act) grants, the State Toxics Control Account, and Hazardous Waste Assistance Account. Figures only include costs for the HWTR Programs. Ecology's Program Administration is not reflected in these figures. Their cost is based upon an indirectrate negotiated between Ecology and Department ofInterior. Rate is 29.5% times (Salaries 

### + Benefits) through the end ofFY96; FY97 rate is 34.8%.
(1)Totals exclude Assistant Director budget and CostRecovery Budget
(2) Includes several small Pollution Prevention grants and federal RCRA grants. The actual FY96 award for RCRA were $2,041,128 (HWTR Program's share was $1,603,088; Administration Program's share was $438,040). 

### III. Program Planning Process <last update: 5/10/96) The Program planning process is meant to readjust Program objectives and resource allocations to optimallymatch the Program's performance with shifting internal and external requirements and constraints. The HWTR Program has developed a planning process that was adopted as a model for all Programs in Ecology's Waste Division. This Program Resource Assessment and Reallocation process includes a number ofiterative steps that include: a) establishing Program- 

# 0 specific goals and objectives; b) establishing a Resource (FTE) Allocation Baseline; c) determining mandatory tasks and minimum or "core" FTE allocations to those tasks; d) 72 ProgramDescription-WashingtOn DepartmentofEcologyHazardOus WasteProgram Note: Each sectiODdosigaated by a capital I.ner is dated separatdy. See So<tiOD HcadiDgs for most rftODt update.

# •

•

• brainstorming new tasks/initiatives, tasks to lido less of', tasks to lidomore of', and success measures; e) prioritizing all currentnon-core resources for possible reallocation to higherpriority new projects; 

### f) developing detailed scoping ofpotential new projects; g) resource allocation and reallocation decisions by Management. Depending on decisions by PrograniManagement different steps 

### in this planning process can be more or less intensive depending on circumstances



### . . m any gIven year.

73 Program Description- Washington Department of Ecology Hazardous Waste Prognm No

te: Each section designated by a eapilalletteris daled separately. See Section Headings for mosl recent npdate.

### Appendix 1 (last update: 11120/96) 

### HAZARDOUS WASTE TOXICS REDUCTION PROGRAM COMPLIANCE ASSURANCE POLICY

EFFECTIVE DATE: November 18,1996 SupercedesPolicy 3-23, March, 1992 

### Primary Audience: Ecology staffand management. Program Philosophy Statement The.Hazardous Waste and Toxics Reduction (HWTR) Program will 

### emphasize an approach that seeks voluntary compliance by the regulated community. 

# o

The HWTR Program expects that businesses and public agencies will operate in compliance with environmental regulations. Our approach to achieving compliance is to offertechnical 

# 0

\ assistance and informal enforcement to help businesses understand and comply with environmental regulations. This approach is used before resorting to formal enforcementunless there is an imminentthreat to human health or the environment, or repeated non-compliance with regulations deemed important enough on which to spend limited state resources. In addition, the HWTR Program prefers an approach that places a priority on addressing problems and influencing as many businesses as feasible. This will result in a greaternumber of businesses correcting violations. that present risks to human health and the environment, rather than a lesser number ofbusinesses that achieve compliance with the full range ofregulatory requirements. 

### Purpose and Applicability This policy is to be used by HWTR Program staffto: a) assure the management ofhazardous substances and hazardous wastes in ways that are protective ofhuman health and the environment; b) promote voluntary compliance by persons subject to toxics reduction planning and hazardous waste management laws and regulations; and, c) ensure that enforcement actions are conducted in an effective, fair and consistent manner. Detailed implementation guidelines appear in the HWTR Program's policies and procedures manual.

74 Program Description- Washington Depanmentof Ecology Hazardous Waste Program • Note: Eadlseetion designated by a capilallelter is dated sepvattly. See Section Beadings ror most reunl npdate. 

# o

### Authority

• Hazardous Waste Management Act, Ch. 70.105 RCW; Dangerous Waste Regulations, Ch. 173-303 WAC Hazardous Waste Fees, Ch. 70.95E RCW;

.Pollution Prevention Fees, Ch. 173-305 WAC; Hazardous Waste Reduction Act, Ch. 70.95C RCW; Pollution Prevention Planning Regulations, Ch. 173-307 WAC; Model Toxics Control Act, Ch. 70.l05D RCW; Technical Assistance Officers, RCW 43.21A.085 and .087; Technical Assistance Programs, Ch. 43.05 RCW; and, Delegated Authority from EPA for RCRA 

### Policies 1. The HWTRProgram will provide a consistent approach in the implementation ofthe hazardous waste regulations throughout the state. 

# •

• HWTR Program staffare expected to treat persons subjectto dangerous waste management requirements with equity and fairness. Rule interpretations and actions taken to assure compliance will be implemented in a similar fashion under similar circumstances throughout the state. The HWTR Program will continue to work with other Ecologyentities (for example; Nuclear Waste Program, Industrial Section) to encourage consistent implementation ofwaste management requirements at sites outside its responsibility. 

### 2. The HWTR Program, in carrying out compliance assurance activities, will promote timely and effective communication among effected parties. HWTR staffwill seekto maintain open communication with regulated persons. Timely and open communication is one ofthe most effective means HWTR staffhave for achieving environmental protection through voluntary compliance. Open communication is preferred in order to minimize continued non-compliance and gain the most timely and cost-effective resolution to waste managementproblems. 

### Whenviolations are cited in writing, the business operator will receive clear written direction 'stating how to achieve compliance, deadlines for achieving compliance, sources oftechnical assistance, and means for requesting an extension ofdeadlines. 

### 3. HWTRProgram staffare encouraged to use all ofthe available methods to best achieve voluntary compliance with regulatory requirements and assure protection ofhuman health and the environment.
( Available methods include technical assistance, informal enforcement, formal enforcement, and criminal referral.
75 ProgramDescription-WashingtOn Department of EcologyHazardousWasteProgram Note: Eacb section designated by a capital letter is dated separatdy. See Section Beadings for most recent update.Technical Assistance

- educational and assistance activities that are providedby the HWTR Program to explain regulatory requirements and help identify methods ofachieving compliance. Technical assistance may occur through telephone, written correspondence, publications, and workshops or other public presentations. Technical Assistance also includes on-site visits that are requested or voluntarily accepted by a business. Firsttime visits to a business by HWTR Program staffwill typically be treated as technical assistance visits. On-site technical assistance visits may result in informal enforcement actions being takenby the HWTR Program. Current agency policies implementing Ch. 43.05 RCW will be employedto address circumstances where imminentthreats to human health and the environment are encountered during technical assistance visits (e.g., Notice of Correction, other formal enforcement options). Informal Enforcement - actions taken by HWTR Program to address violations which result in relatively minor threats to human health and the environment and cooperation is expected in achieving compliance. Informal enforcement actions may include verbal directions or warnings, written letters or checklists which constitute a Notice ofCorrection under Chapter43.05 RCW, and aNotice ofDeficiency for hazardous waste permit applications. 

# o

Informal enforcement action will not result in penalties when a business operatorcompletes necessary actions to comply with regulatory requirements within a reasonable time. They will, however, be considered part ofthe public record for a facility. Formal Enforcement - based upon on-site compliance inspections, formal enforcement actions 

# 0 may be taken to address imminent threats to human health and the environment and other conditions which cause the facility to be classified as a SignificantNon-Complier (violations of permits or orders, for example). Formal enforcement actions include: administrative orders, consent.agreements,judicial actions and civil penalties. Formal enforcement actions may be appealed to the Pollution Control Hearings Board. Referral for Criminal Investigation - Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation ofthe State Hazardous Waste Management Act (see RCW 70.105.085 and .090) may be subjectto criminal prosecution. The HWTR Programmay refer cases to the Criminal Investigation Division (joint EcologylEPA office) for investigation and potential prosecution. HWTR Program staffdo not conduct criminal investigations. At the request ofthe Criminal Investigation Division, HWTR staffmay participate as technical advisors in certain phases ofcriminal investigations within the scope of their civil authority. 4. The HWTR Program will classify violators based upon the degree ofthreat to human health and the environment and history ofcompliance with dangerous waste regulations. HWTR Program staffare responsible for identifying and prioritizing the facility responsible for violations. Violators are classified based on an analysis ofthe degree ofthreat presented to 

# 0 . human health or the environment and the facility's overall compliance with the State Dangerous

Waste Regulations. This includes prior recalcitrant behavior or a history ofnon-compliance as

.documented through Notices ofCorrection, orders, or penalties. 76 ProgramDescription-WashingtOn DepartmentofEcology HazardousWastePrognm Not.: Eocb section daipoted by 0 copitolletteris doled seporotely. See SectiOD HoodiDg> for most recent upcbt•.

# •

•

• Two classes ofviolators are recognized: SignificantNon-Compliers (SNC)

- are those facilities which: - have caused actual exposure, or a substantial likelihood ofexposure, of hazardous waste or . hazardous waste constituents to humans or the environment; or - are chronic or recalcitrant violators; or - have violation(s) which deviate substantially from the conditions ofa permit, order, agreement, or hazardous waste statutory or regulatory requirement. The designation of SignificantNon-Complier is intendedto identify thosefacilitiesfor which formal enforcement is appropriate.

Secondary Violators - are those facilities 

### with violations thatdo not meet the criteria listed for SNCs. Secondary Violators pose no actual threat, or a low potential threat, ofhuman or environmental exposure to hazardous waste or constituents. A facility classified as a SV should not have a history ofrecalcitrant or non-compliant conduct. Secondary violators will be affordedthe opportunity to achieve voluntary compliance within a reasonable timeperiod Penalties will not be assessedagainstsecondary violators. 

### 5. The HWTRProgram may issue penalties to address violations by Significant NonCompliers. In making a determination to issue a penalty and its amount, the HWTR Program will assess the degree ofthreat to human health and the environment, the class of violator, and the discretion factors listed below.
a. Discretion Factors The HWTR Program uses discretionto arrive at a reasonable determination based upon the facts and conditions presented by specific cases. Use ofdiscretion most often results in penalties that are lower than would be calculatedthrough strict adherence to classification ofindividual violations and the penalty matrix. Primary factors that enter into the use ofdiscretion include: Degree of Threat to Human Health or the Environment. Actual or substantial likelihood of exposure to hazardous wastes or hazardous waste constituents should be evaluated using facility specific environmental and exposure information wheneverpossible. This may include evaluating potential exposure pathways and the mobility and toxicity ofthe hazardous waste being managed. However, it should be noted that environmental impact alone is sufficientto cause a facility to be a SNC, particularly when the environmental media affected requires

. special protection (e.g., wetlands 

## Or sources ofunderground drinking water). Potential routes of

exposure to the environment should include those to air, soil, surface and ground water. History of Compliance. Facilities may be found to be chronic or recalcitrant violators based solely upon prior dangerous waste violations and actions taken by the violatorto correct identified problems. The degree ofdeviation from the purposes or requirements ofstatute, regulations, permits, orders.or other agreement may be considered. 77' :,

Program Description-WashingtonDepartmentofEcologyHazardous WasteProgram Note: £acb sectioo designated by a capital letter iJ dated separately. See Section H
...diogJ for most """,ot opdat
..

### Available Resources. Pursuing penalty actions require extensive investment ofstate resources 

# 0 to develop, issue and follow through with the action. Unit supervisors or sectionmanagers will evaluate available resources and make the decision on whetherto pursue a penalty. When a decision is made to forego assessment ofa penalty because oflack ofresources, it will be documented in the facility's enforcement file and the program managerwill be informed. Staff are expected to continue to attemptto achieve compliance through informal or other formal means (e.g., administrative order to address actual or potential threats to human health and the environment), as appropriate. 

### Impact on the RegulatedCommunity. A penalty action may influence the behavior ofothers in the regulated community by serving as an incentive for maintaining their compliance. The degree to which a penalty may influence compliance by the broader regulated community may be considered in making a decision to adjust the amount ofa penalty. 

### SmallBusiness Incentives. On a federal level, EPA attempts to promote environmental compliance by small businesses through a policy that allows for reduced or eliminated penalties when certain criteria are met ("Interim Policy on Compliance Incentives for Small Business, Fact Sheet", June 26, 1995). The HWTR Program recognizes that a reduced penalty for a small business may serve the same level ofincentive for compliance as a largerpenalty assessed to a medium or large business. For the purposes ofthis policy, a small business is defined as a person, corporation, partnership, or other entity that employs 50 or fewer individuals on a company wide basisA HWTR staff may consider a reduction or elimination ofa penalty when the SNC qualifies as a small business and all ofthe following criteria are met:

- FirstViolation The business was not subjectto previous direction through a Notice of Correction or other formal enforcement action for violation ofthat requirement in the past five years;

- No Significant Actual Harm The violation has not resulted in actual serious harm to human health, public safety, or the environment;

- Corrective Action in a Timely Manner Steps are taken within a reasonable time by the business to achieve compliance and correctpotential threats to human health or the environment. - The Violation does not Involve Criminal Conduct. In utilizing this discretion factor, penalties may be reduced no more than one level, per violation, as displayed in Table 1 (e.g., major may be reduced to medium, medium to minor, minor to zero). 

# o

Public Entities. Existing Policy 3-1, adopted November 15, 1987, describes the approach the HWTR Program will pursue when a public entity is determined to be in violation ofthe 

# 0 Dangerous Waste Regulations. Policy 3-1 establishes a preference for consent orders to address
.

4 Source: Regulatory Fairness Act, RCW 19.85. 78 . Program Description-WashingtOn DepanmentofEcologyHazardousWaste Program Note: Each section designated by a capitall.tter is elated separately. See Section Beadings for most reeent npclate.

# •

•

• .violations and describes procedures for communication, negotiation, and time frames forreturn to compliance. This approach will continue to be employed by policy ofthe HWTR program, modified as necessary to incorporate this Compliance Assurance Policy. 

### b. Determination ofPenalty Amounts The HWTR Program may, under the authority ofRCW 70.105.080 and .095, issue a civil penalty for violation ofthe State Hazardous Waste Management Act, Dangerous Waste Regulations, or Administrative Order. Penalties may not exceed $10,000 per day for each violation cited. The amount ofa penalty will be determined by classifying the violator, reviewing specific violations, evaluating discretion factors and enforcement examples. The Environmental Protection Agency (EPA) has developed detailed guidance for establishing penalty amounts in their RCRA Civil Penalty Policy, dated October 1990. The HWTR Program has modified EPAs approach; however, the guidance provided by EPA is generally applicable and should be used to provide additional assistance when necessary. Each violation will be determined to be major, moderate, or minor, based upon the seriousness ofthe violation. The discretion factors ofSection 5.a. will be considered when selecting a penalty amount from the ranges given for each category in Table 1, below. A penalty can be assessed for each violation, groups ofviolations, or on a per day basis. As a final step, staff should evaluate the total penalty amountproposed in light ofthe nature ofthe individual violations to assure a fair and equitable penalty. A. Major Violations - in order to be classified as a major violation, the situation must fail the first criteria listed under this category (i.e., result in actual harm). - Actions which present an actual or imminentthreat to human health or the environment; - Actions which significantly deviate from regulatory or statutory "requirements suchthat most

(or the important aspects) ofthe requirements are not-being met; or, - Actions which are a repetition or continuation ofmoderate violations or non-compliance with

formal enforcement action in response to moderate violations. B. Moderate Violations - in order to be classified as a moderate violation, the situation must pass the first criteria listed under this category (i.e., exhibitpotential impact). - Actions that have potential to impact human health or the environment; - Actions which deviate from regulatory or statutory requirements but some ofthe requirements

are being implemented as intended; or, - Actions which are arepetition or continuation ofminor violations or non-compliance with

formal enforcement action in response to moderate violations. 79 Program Description- WashingtOn Depanmeillof EcologyHazardous WasteProgram Note: Each seeno. designalecl by a c:apilalleuu is dalecl separately. See Sectio. Headiap for most receat update.

### C. Minor Violations - Actions ofan administrative nature that have little or no potential to impact human health or the

environment; or, - Actions which deviate somewhat from regulatory or statutory requirements but most (or all of

the important aspects) ofthe requirements are being met.
Table 1. Determination ofPenalty Amount Category Penalty Range Major $6,000 - $10,000 Moderate $3,000

- $ 6,000 Minor $ 500 - $ 3,000 Once a penalty recommendation is made, program managers will review and approve the I 

### recommendation prior to issuance. 6. When settlement ofa penalty is sought and agreed to by the HWTR Program and person against whom a'penalty has been issued, the Program will encourage the use of innovative settlements. In developing an agreement that includes innovative settlements, the Program will adhere to agency policies and guidelines. Preference will be given to projects that: result in benefit to the environmental media impacted by the violation; have known economic value; no, or minimal economic benefit for the violator; do not repeat a previous project or activity; do not result in something already required by law, permit or order; promote long-term compliance with environmental regulations; provide adequate documentation; and, include some degree of monetary penalty being paid. 7. The HWTR Program may issue administrative orders requiring compliance either immediately orwithin a specified time period, as necessary, to address Significant NonCompliers. When a SignificantNon-Complier fails to perform as directed in an Administrative Order, they are liable for civil penalties. RCW 70.105.095 grants authority and describes circumstances for issuing Administrative Orders. These circumstances are further modified by procedural requirements ofRCW 43.05. Administrative Orders are used to direct a violatorto take a specified course ofaction within a specified time period to achieve compliance. The HWTR Program uses several types of Administrative Orders, but they may be categorized into two general groups; a) unilateral, and, b) negotiated: 80 ProgramDesCription-WashingtOn Department of Ecology Hazardous Waste Program Note: Eacb section designated by a capital letter is daled sepantdy. See Section Beadings for most _I npdal" 

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o

o

# •

•

• -Unilateral orders are issued without consultation with the violator. The conditions, time periods, and other stipulations ofa negotiated order are discussed and agreed to between the HWTR Program and the violator. Unilateral orders are subject to appeal to the Pollution Control Hearings Board;

-Negotiated orders typically, as a condition ofthe order, are not subjectto appeal. 

### 8. The HWTR Program will take compliance assurance actions in a timely manner. Persons found to be in violation will be given a reasonable time to correct deficiencies. Imminent threats to public health and the environmentwill be addressed immediately. Timely response by the HWTR Program is critical to assuring compliance with regulatory requirements, averting or correcting threats to public health and the environment, and maintaining good working relationships with regulated businesses, The timing ofa response will vary depending upon the type ofaction being taken by the HWTR Program. In general, technical assistance and informal enforcementresponses will be issued within 30 days ofthe determination ofa violation. Persons found in violation ofregulatory requirements will be given a reasonable time to correct deficiencies. "Reasonable time" will be determined by considering the type ofviolation and degree ofthreat to human health and the environment. Business practices (e.g., financing, acquiring supplies, installing equipment, hiring consultants or contractors) may be considered, but will not be the sole factor in determining "reasonable time", especially when conditions exist whichpresent an imminentthreat to human health and the environment. Wheneverpractical, all actions issued should require compliance by the violator within 90 days ofthe action. Deviations from this schedule may be necessary when substantial on-site construction is needed. Formal enforcement responses may take longer to prepare, communicate and execute. Wheneverpractical, all formal enforcement actions should be issued 

### within 90 days ofthe determination ofa violation (e.g., actual or imminentthreat) or the deadline(s) 

### achieving compliance (e.g., Notice ofCorrection, Administrative Order). In establishing the 90 day standard, however, it is recognized that certain complex investigations and availability ofstate resources may require a longerperiod to develop the appropriate formal enforcement response. In these cases, up to 180 days will be allowed priorto issuance ofthe action. The HWTR Program win make every attempt to issue formal enforcement actions within 90 days ofthe determination ofviolation. Should the 90 day period be exceeded, the lead HWTR staffperson will refer the proposed action to the appropriate manager for a decision to proceed, delay, or cancel it. 

### 9. Pollution Prevention planning and assistance programs will be implemented solely through assistance and informal enforcement to achieve voluntary compliance by effected persons. 81 Program Description- WashingtOn DepanmentofEallogy Hazardous WasteProgram Nou: Eacb sectioodesignated by • apita! Ietta'is daUd separatdy. See Seedoo Hadiogs for most receot opdate.The HWTR Program's pollution prevention activities are focused to a large degree on the requirement for generators ofhazardous wastes, whose generation amounts exceed the thresholds specified in statute and regulation, to prepare pollution prevention plans and annual progress reports. Toxics Reduction staffshall pursue compliance with this requirement solely through technical assistance and informal means (letters listing deficiencies, for example). Implementation ofpollutionprevention opportunities by planners is voluntary. Pursuance of formal enforcement for missing planning or reporting deadlines would not foster an atmosphere conducive to voluntary implementation. This strategy also allows the HWTR Program to use its limited resources providing technical supportto those planners who are seriously working toward implementation ofpollution prevention measures. 

### 10. The HWTRProgram will, when conducting Corrective Action activities, closely follow the policies and procedures established by the Toxics Cleanup Program to implement the Model Toxies Control Act and Regulations.
. The HWTR Programimplements the RCRA Corrective Action program for cleanup of contamination at hazardous waste treatment, storage, and disposal facilities using authorities under the State Model Toxics Control Act and regulations. Specific policies and procedures governing Corrective Action have been adopted by the HWTR Program. Provisions for corrective action at specific facilities are incorporated into an operating permit or through
. administrative orders (negotiated or unilateral). Activities conducted by the HWTRProgram to implement Corrective Action will emphasize a cooperative approach with potentially liable persons. Agreed orders, consentdecrees, and unilateral actions will be employed, as necessary, consistentwith existing policies and procedures. 

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'! I \ I

### ! I 

### Approved: Megan White, P.E., Manager Hazardous Waste and Toxics Reduction Program

82 ProgramDescription-WashingtOn DepanmenlofEcologyHazardous WasteProgram Note: Each section designated by • capitlllietter is dated separately. See SeetiOD Headings ror most ......,1 Dpdate. Signed on 6/19/97 Date



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•

• Appendix 2 DEPARTMENT OF ECOLOGY INNOVATIVE SETTLEMENT GUIDELINES


### I. Introduction The purpose ofthis guidance is to provide Department ofEcology (Ecology) staff"ground rules" to follow when settlements are proposed to resolve administrative enforcement actions. Settlements usually fall under two categories, traditional and innovative. Settlements that simply reduce a penalty or revise an order to avoid litigation are considered traditional. By contrast, innovative settlements involve reducing a portion ofthe penalty assessed for a promise to take specific actions that, conferdirect environmental benefits. This guidance will focus primarily on innovative settlement categories, principles, and procedures. 

### II. Objective . Ecology's settlement objective is to achieve compliance with state environmental laws and regulations and, where possible, reduce pollution beyond minimum compliance levels through pollution prevention strategies. 

### III. Innovative Settlement Categories Innovative settlements include actions that address environmental problems caused by (or threatened to be caused by) the violation(s) identified in the Notice ofPenalty. The actions proposed must reduce the total risk posed to public health or the environment by the violation(s). These actions can be characterized as "beyond compliance" in nature. Additionally the actions should reduce any environmental damage caused by the violation(s). Penalty reductions will not be given for actions or activities already required by law or for actions or activities identified by a law, regulation or government register that are set to become enforceable requirements at a future date. Innovative settlement proposals must include the following three general elements: 1) The proposal must result in environmental benefits beyond correcting exsiting violations and providing assurances regarding future compliance; 2) The penalty paid plus the net cost ofthe innovative proposal must reflect the gravity ofthe violation and the economic benefit ofnon-compliance (ifquantifiable); and 3) There must be arelationship between the nature ofthe violation and the environmental benefit soughtthrough the proposal. 83 ProgramDescription-WashingtOn DepanmenlofEcologyHazardous WasteProgram Note: Eachsection designated by a eapitalJettu isdated separately. See Section Headings for most receot update.Proposals that satisfy the three elements above must also conformto one or more ofthe following four categories: Pollution Prevention: A pollution prevention project is one that substantially reduces or prevents the generation or creation ofpollutants. These projects will often involve changing an industrial process, substituting fuels and materials to preventpollution, as well as closed loop recycling and re-use. Pollution prevention proposals can include projects at other in-state facilities operated by the respondent, provided they are the same industry type as the facility where the violation(s) occurred. Projects that move waste "up the hierarchy" (i.e., from disposal to treatment) can also be considered but are less preferable. Environmental Restoration and Enhancement: An environmental restoration project is one that not only repairs environmental damage but goes beyond repair to enhance the environment in the vicinity ofthe violating facility. Spill cleanups required by law do not fall under this category. Included in this category are proposals to donate money to a loc'al government or, non-profit agency to assist a specific environmental program, project, or to conduct a research project (preferably in the vicinity where the violations occurred.) Environmental Auditing: An environmental auditing project is one where the respondent undertakes auditing practices, in addition to those already required by law, that are designedto seek corrections to existing management and/or environmental practices whose deficiencies appear to be contributing to recurring or potential violations. Public Awareness: Public awareness projects include publications, broadcasts, or seminars aimed at the regulated community that underscore the importance ofenvironmental compliance and pollution prevention. It can also include distributing technical information about how to comply with environmental laws. These projects can be accomplished through donations to non-profit groups. Respondents who fund or implement a public awareness project must agree to state publically that the projectwas undertaken as part ofa settlementto resolve environmental violations. Public awareness materials developed as aresult ofan innovative settlement must reviewed and approved by Ecology.
IV. Settlement Principles Environmental enforcement cases often raise complex technical and legal issues. This makes a "one size fits all" settlement approach difficult to apply. The principles included below should be,applied with some flexibility to account for the differences that exist with each case. Decisions to deviate significantly from these principles should be made after consulting with your program supervisor and the AAG that is assigned to your case. . 

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1) Innovative settlements can be proposed by anyrespondent, however, they should be reserved forrespondents who demonstrate a good faith effort to come into compliance. Good faith is demonstrated by, among other things, the respondent's willingness and effort to correct 

# 0 violations in a timely manneronce they are discovered.

84 ProgramDescription.WashingtonDepanmentofEcologyHazardousWasteProgrmn Note:**~ch** seetinn designated by a eapiW lener is dated separaldy. Sa! Section Headings ror most m:nt npdate.

# •

• 2) A respondent must have the technical and financial ability to successfully complete the actions proposed in an innovative settlement offer. 3) To avoid rewarding (or the appearance ofrewardingj noncompliance, activities proposed that have the effect of creating a market advantage for the respondent should not be allowed. Ecology may consider such activities ifit determines that the activity is likely to result in significantly greaterbenefits to the public than to the respondent. An example would be a pollutionprevention projectthat can serve as a model for other companies and/or industries in the state. 4) Donations ofmoney or services made to local goven;unent or non-profitagencies should not be considered a charitable contribution or business expense for purposes ofcomputing corporate business and/or income taxes. 5) Tax benefits can be allowed for capital improvement projects that are dependent on depreciation and the use ofother tax accounting methods for funding. 6) Donations or capital improvements already set for funding during the normal course of business may not receive credit in an innovative settlement. 7) Credit will not be given for capital improvements that are necessary to comply with a law or regulation, unless the improvement exceeds legal requirements by creating pollution prevention results that would not otherwise be realized. Credit will not be given for capital improvements that may be necessary to comply with a future requirement that has been identified by a law, regulation or government register. 8) The total credit given for all projects in anyone settlement may not exceed eighty percent of the original penalty imposed. The total credit given should not exceed fifty percent when an activity is likely to create an economic benefit in the form ofa market advantage. The credit given for anEcology approvedpollution prevention project may exceed eighty percent ofthe original penalty imposed. 9) A study can be a project or activity ifits specific purpose is to explore pollution prevention, reduction, or elimination at the facility where the violation(s) occurred. Studies should be allowed only when there is a reasonable likelihood that technically feasible and cost effective solutions can be identified and the respondent commits to implementing one or more ofthe study solutions. For the purposes ofthis guidance, "cost effective" means a company is capable ofrecovering its capital investment in the project in less than ten years. 10) Settlements involving a federal facility contractormust include a provision prohibiting (to' the extent possible) the contractor from seeking cost reimbursement from the federal government for expenditures made under the settlement, including the payment ofany penalty. 

# • v. Settlement Procedures The following procedures apply to all settlements whether innovative ortraditional. 85 Program Description-WashingtOn Department of EcologyHazardousWasteProgram Note: Each section designated by a capitallettu is dated separately. SeeSection Headings for mosl.-at update., -< - 

### 1) Settlements cannot be signed until after an administrative appeal has been filed. This restriction is importarit for two reasons. A party may decide not to appeal based on an expectation that Ecology is willing to settle the case. Ifnegotiations breakdown after the thirty day appeal period is over, the party will lose its appeal right and may try to hold Ecology responsible. The second reason has to do with Ecology's ability to enter settlements once a penalty becomes "due and owing". Penalties under appeal are not considered debts ofthe state. This gives Ecology the flexibility to reduce penalties during settlement negotiations.



### 4) Negotiate with decisionmakers. As a condition ofnegotiation, require that negotiations be with persons who have the authority to make settlement decisions. This cuts both ways. The appealing party will expect the same from Ecology. An AAG will normally attend all settlement negotiations. 

### 5) Settlements must include project completion dates. Settlements must also identify an Ecology staffperson to monitor the settlement and make sure it is completed 

### in a satisfactory manner. 

### 6) The AG's Office plays ail important role in the settlementprocess. Once a case is appealed, the AG's Office becomes the primary point ofcontact between the parties. This means that settlement decisions mustbe coordinated with them. The AG's role will vary depending on facts and circumstances ofthe case. At a minimum, the AG's Office is available to advise staffregarding settlement decisions, draft settlement language, ana enter settlement agreements with administrative boards and courts. 86 Progrmn Description-WashingtOn Departmentof EcologyHazardous Waste.Ptogram Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent npdate. 

# o

o

# •

•

• All appealed cases are assigned to a specific AAG. Consult upfront with the AAG assigned to your case well in advance ofnegotiations to discuss cases strategy, settlementposition and case weaknesses and strengths. Provide the AAG advance notice ofproposed settlement negotiations, (three weeks should be adequate). Be preparedto postpone negotiations ifthe AAG is unavailable or wants to conduct prehearing discovery before settlementnegotiations begin. 

### 7) Settlements must be signed by the manager who signed the original penalty or order action. The settlement must also be signed by the AAG assigned to the case as well as the appealing party and their attorney ifthey are represented by one. The appealing party should always sign first. Once the settlement is fully executed, the AAG will forward it to the administrative board or court for "entry" and requestthat the appeal be dismissed.


### VI. Resources Oversight for an innovative settlement can require a lot ofyour time. This is particularly true for settlements which involve public education or research projects. Central Program's Enforcement and Economics Units will try 

### to help by providing the following: 

### Enforcement Unit Can Provide: 

### * Copies ofPast Settlements 

## * Respondent's Compliance History 

## * Dunn and Bradstreet Reports 

## * Settlement Ideas and Policy Overview 

### Economics Unit Can Provide: 

## * Economic Benefit ofNon-Compliance Analysis 

## *Analysis ofAbility To Pay 

## * Economic Analysis ofAlternative Compliance Methods



### DISCLAIMER: The guidance containedin this document isfor Ecology staff and is not intendedandcannot be reliedupon to create any rights, substantive orprocedural, enforceable by anyparty in litigation with Ecology
.

87 Progmn Description.WashingtonDepartmentofEcologyHazardous Wast. Program Note: Each_aD dosigaated by a eapitalletter i, dated ,eparately. See SeetiaDHeadiDgs for most .......t Dpclate.

### Appendix 3 Technical Assistance/Compliance Inspection Checklist 

## DANGEROUS WASTE COMPLIANCE CHECKLIST Date:

# xx/xx/O



# -

SITE NAME: SITE CONTACT(S): TITLE(S): Environmental Coordinator

PHONE:**--,..--------~-------** WA

ZIP:



# ------------- ADDRESS: MAILING ADDRESS: CITY: YEARS ON SITE: GENERATORIFACILITY STATUS: COUNTY: SQG MQG G SIC#: LQ TSD RECYCLER OTHER
TYPE OF BUSINESS:


# - --,-----------0

AM/PM FAX:



## -------- ·AM/PM PHONE:



# ---------------- TIME OFF SITE:



# --------------- REPORT By:



# ------------------ LEAD CONTACT: OTHER REPRESENTATIVES: TIME ON SITE: REpORT DATE:


# -

PROCESSES THAT GENERATE WASTES:
WASTE STREAMS (DESCRIPTION OR CODES):

POLl.lJ nON PREVENTION SlJGCiI:STIONS. TITIINICAL ASSISTANCE REITRRALS Information and assistance on the following environmental programs is available from: Ifyou are interested, you may call (Name and Phone Number) for information on free technical assistance visits from our Toxics Reduction staff. 

# 0 You may want to check our internet site: http://www.wa.gov/ecology/hwtr/index.html. 88 ProgramDescription.WashingtOn Deparuncotof Ecology HazardousWasteProgram Note: Eadl sediOD desigaatecl by • capilJllletter i. elaled separately. See SecliODH
...diDgI for mosl
.......1 Dpdate.

# • SITENAME: Date: XxJxx/xx
See Line if-. CONDITIONS NOT IN C01vlPLIANCE Below

LINE No. VIOLATION LINE WAC 173-303 No. VIOLATION WAC 173-303



# •

• ;·:r**;~,.·;.;,:i"?~,:);;;-;~j}WASTE;MANAQ~~;{;· {2t\~~** **,,\,::;,;.,~;,:** :**;.~: ':~.;;;** **I':S;f.:~:~ ':~~.~;:i;;-""\":~·~W~)MJ\NAQ~:X3Q~iFn'.:,:~·,;;,~·;~~;t'/'** **. ; -:**  1 Waste Designation -070(3) 20 Notification & Identification #s -060(2) 2 Failure to Offer Waste to TSD -141 21 Manifesting -180 3 SpillslDischarges -145 22 Large Quantity Generator Plans -200(1)(e), -320 to -360 4 Treatment-by-Generator -170(3) 23 Recordkeeping Retention Times -210 5 Accumulation Time Limits -200(1)(a) 24 Annual Report/Exception Report -220 6 Accumulation in Containers/Tanks -200(1)(b), see 25 Personnel Training Requirements -330 630/640 7 Container/Tank Labeling 200(1)(c)(d) 26 Preparedness & Prevention -340 8 Secondary Containment -200(1)(b) 27 Contingency Plan -350 9 Satellite Accumulation' -200(2) 28 Emergencies -360 10 Medium Quantity Generator -201(c) 29 Permit-by-Rule -802(5) 11 IgnitablelReactive/lncompatible -395

# r.C~~~:·;,';f:j~~ii:~~~fg~~~~~1~~i~~~~J~~~~~~~~~~~~~~;i~ Wastes 12 Used Oil Burned for Energy -515 30 Requirements for generators ofdangerous -170(1)(a) waste 13 Use/Mgmt,ofContainers -630 31 Requirements for accumulating dangerous -200(xx)(xx) waste on-site 14 

## - Condition ofcontainers -630(2) 32 15 

## - Compatible containers -630(4)**Y:··:'~:j;.~·!·p,~R~E~QN~W~f~WSl§PN.Q~R:Ns.;l?0·:~i,i~:.~{** 16 

### - Closed containers -630(5)(a) 33 17 

## - Containerhandling -630(5)(b) 34 18 

## - Weekly Inspections -630(6) 35 19 

## - Secondary Containment -630(7) 36 Reminder: Ecology willprovide a copy of the text of regulationsfor which VIOlationsare cited. QUESTIONS. CONCERNS. COMMENTS

ECOLOOY WILL: OWNER/OPERATORWILL:

89 ProgramDescription,WashingtOn DepartmentofEcologyHazardous WasteProgram Note: Each section designated by a capitalleller is dated sepanldy. See Section Headings for most recent update. I to,;

I,SITENAME: WAD
COMPLL\NCE ACTIONS REQUIRED Date:



# -------

# o

Instructions: The actions identified below are necessary in order to be in compliance with Washington Dangerous Waste Regulations (Ch. 173-303 WAC), or other environmental laws or regulations. Please indicate the date an action is completed and initial each item. If an action is not completed, please note in the "Date Completed" column and explain on backofthis page. Return CompletedForm orRequest/orExtension

-- Upon completion ofall actions listed above, please mail a copy ofthis form to the Washington Department ofEcology at the address listed below. An extension ofthe deadlines to achieve compliance may be requested. Please make a request in writing, including the reasons an extension is necessary and proposed date(s) for completion, and send it to the Ecology Lead Contactby XXX XX, 199X. Ecology will provide a written approval or denial ofyour request.

# :1r~~;"JJ~I~ Date No. Action(s) Needed to Achieve Compliance Completed Initial**TS:~2:S** i)}i;: c;'_·S';; ,..**:~ :,~** 

--**:~;:** f;f'**.~,l;' :~A;::~;;'** **I"~>"":~;** Date:



# ---------

This checklist serves as a notice ofdeficiency for technical assistance visits or a notice ofcorrection for other site visits as provided for in the Washington State Law "Implementing Regulatory Reform" ,Chapter403, Laws of 1995.
PHONE LEITER SAMPLES TAKEN: Yes / No STEP-BY-STEP FOLLOW-UP BY ECOLOGY: PHOTOS TAKEN: Yes / No DOCUMENTS LEFT: REGULATIONS ADDmONAL: ASSISTANCElENFORCEMENTPROGRAMS EXPLAINED: YES/ No TIMs REVISIT NONE SPLITS OFFERED: Yes / No Focus SHEETS

Ifyou have any questions about information in this Checklist, please call the Ecology Lead Contact. The Department of Ecology is an equal opportunity agency. Ifyou have special accommodation needs, contact Felicia Curtis at (360) 407-6721 or Julie Carrasco at (360) 407-6199 (Voice), or (360) 407-6006 (TDD).


# o
90 ProgramDescription-Washington DepanmenlofEcologyHazardous WasteProgram Note: Eacb sectiODdesignaled by a capital letter is dated sepanldy. See SoctiODBeadiDp for most """Dl Dpdate.

# •

•

• Appendix 4 EPAlEcologyMemorandum ofUnderstanding on the RCRA Information System (RCRIS)



# RCRIS MEMORANDUM 

# OF UNDERSTANDING

BETWEEN


# u.s. ENVIRONMENTAL PROTECTIONAGENCY REGION 10 

### AND WASHINGTON DEPARThffiNT OF ECOLOGY

November 1990

91 Program Description- WashingtOn DepartmentofEcologyHazardous WastePrognm Note: Each section designated by a capitallener is dated separately. See Section Beadings ror most receut npdate.INTRODUCTION 

### This MemorandumofUnderstanding(MOD) representsagreements betweenWashington State 

# 0 DepartmentofEcology (Ecology)and EPA Region 10 (Region 10) regardingallcomponents of Resource Conservationand Recovery Act Information System(RCRIS). Thisincludes the Implementorof Record (lOR) designation and the standardprotocols for systemoperation. The purposeofthe MOU is to define the terms andresponsibilities for managingdata. RCRIS was developedto provide an automated informationmanagementsystem for the storage, tracking,and analysisofdata relating to stateand federal hazardouswaste programactivities. The system is designedto provide informationneeded to supportEcology and Region 10 inimplementing the Resource Conservationand Recovery Act (RCRA), as well as informationneededby Region 10 and EPA Headquartersfor their oversightfunctions. As a resultofco-implementationofthe RCRA program, both Ecology and Region 10willmaintain separateRCRIS implementerdata bases. When merging the informationfrom these two databases, it is necessaryto ensure the integrityofthe data generatedby either Agency bydesignating which Agencywillbe the lOR ofthe data. This MOU upholdsthe following basic principles: 1. The MOD serves as the official agreementbetween Ecology and Region 10 for managing RCRIS data. 2. An 

### lOR designationwillbe assigned to all RCRIS data elements.The agencyresponsible for the work,ownsthe data, and is the lOR for that data. Theseassignments willbe held on file at both Ecology and Region 10. lOR designations can only be modifiedby mutual agreement,on an as needed basis. 

# o

3. Single and multiple view data will be accommodated.
TERMS OF AGREEMENT 1. EPA/State Cooperationin System Development/Maintenance ConsistentwithNational EPA/State Data Managementgoals, Region 10willact as an advocate for State-requestedenhancementsto RCRIS. Region 10will sharewithEcology any technical informationon proposed changes to RCRIS. Changesto the data entry, transfer, and retrieval procedures willbe quicklycommunicated andfollowed by additional guidance, ifnecessary. Through the State EPA Agreement(SEA)workplan, fundingfor staffing, operating costs, and training for Ecologywillbe partofthe yearly grant.

92 ProgramDescription- Washingron Depanmentof Ecology Hazardous Waste Program Note: Each section designated by • capital letter is dated separately. Sec Seelion Beadings for most recent npdate. 

# o

# • 2.

3. . Data Entry and Quality Ecology is considered a "Full RCRIS User" because RCRIS will be theirprinciple hazardous waste information system. As a full RCRIS user, they will electronically enter RCRA information directly into RCRIS. Ecology will assume responsibility for the quality, timeliness, and accuracy ofstate entered data; however, EPA is ultimately responsible for the oversight RCRIS data. Data Management Responsibilities Ecology will appoint a RCRIS Project Officer (PO) who will meetthe responsibility for data quality, timeliness, and accuracy and is responsible for overall system administration. A Region 10 PO will have similarresponsibilities. The PO's will maintain a close working relationship to assure timely and accurate data and to promptly address issues affecting RCRIS data sharing. PO's are responsible for informing all appropriate managers and system users, in a timely manner, ofany changes or modifications.


# • Region 10 and Ecology will appoint a DataBase Administrator (DBA) to implementthe details of this agreement. DBA's will work with the day-to-day management issues outlined in this MOD. They will inform the PO ofchanges in the data dictionary (data elements and definitions), data handling protocols, lORbasic principles, merging ofstate and federal RCRIS data bases, changes to data base records, quality assurance/quality control ofthe data, distribution ofupgrades and enhancements ofthe RCRIS software, and otherpolicies affecting the responsibility for data elements. 4. Implementor ofRecord

-- Data Integrity For each data segmentfor which Ecology is the lOR, Region 10 agrees not to add new data, change, or delete existing data in the Region 10 regional consolidated database withoutthe consent ofEcology's RCRIS PO. The reverse is also true
-- Ecology agrees not to add new data, change. or delete existing data for which EPA is the lOR. Although lOR is assigned at the block level, there are certain basic lOR decisions to be made that may logically require a set ofblocks to be assignedto only one lOR. For example, data submitted on a NotificationForm may fall into separate**IO~blocks,** but

.since only one Agency will receive and process the form, that Agency should be the lOR for each ofthose associated blocks. Ecology and Region 10 agree to the following basic lOR decisions, which are also reflected in the assignment ofIORresponsibilities as listed in the lOR Table that follows: (a) Notification forms will be received and reviewed by Ecology and forwarded to Region 10 for ID number assignment and data entry. 

# • (b) Part A forms Willbe received and reviewed by Ecology and forwarded to Region 10 for data entry. 93 Program Description. WashingtOnDepartment ofEcology Hazardous Waste Program Note: Each sectiOD desigDated by a tlpitalletter iJ dated separately. See SeeliOD HoSdiDgsfor most receDt update.

### (c) Ecology and Region 10 have agreed on implementer-defined values for the Contact Type dataelement. 

# o (d) Permitting unit groups will 

### bejointly agreed upon by Region 10 and Ecology on a facility specific basis. After parallel operations begin, Region 10 will be the lOR 

### (lOR = 

### Region 10) forjointpermitting authority. Upon demonstration that Ecology has appropriate data collection in place to reportjointpermitting activities, Ecology will be designated lORforjointpermitting. (e) Corrective action instruments, events, waste constituents, and geographic areas will be designated by Region lOin consultation with Ecology 

### (lOR = 

### Region 10). Once Ecology is authorizedto administerthe Hazardous and Solid Waste Amendments (HSWA), Ecology will assume lORresponsibilities for corrective action activities and instruments. The lOR assignment table is as follows:
lOR TABLE
lOR BLOCK HANDLERID HANDLER 1 HANDLER OWN/OP
HANDLER SIC CODE HANDLER PERMIT RCRISFILE HANDLER 1 HANDLERl HANDLER2
HANDLER2 HANDLER2 SOURCE

Notification Notification Part A Part A Part A lOR R R R
R R 

# o

I

. HANDLER CONTACT (dependent on value in data element CONTACT TYPE) Type N - Notification HANDLER2 Notification Type A - Part A Part A
. Type R- Biennial Report Biennial Report TypeE, F, G, H, I, J" State defined Type K, L, M " EPA defined HANDLER SOURCE (dependent on value in data element SOURCE OF INFORMAnON) Source = N HANDLER2 Notification Source = A " Part A Source = R " Biennial Report Source = E " EPA Knowledge Source = S " State knowledge R R S S R
R R S R S PERMITTING UNIT GROUP PUNIT StatelEPA knowledge R PERMITTING PERMIT (dependent on value in data elementPERMIT-AUTHORITY) Authority = E PEVENT EPA authority 94 Prognun Description-WashingtOn Departmentof EcologyHazardous WasteProgram Note: Each section designated by a capital letter is elated separatdy. See Section Beadings for most recent npdate. RPERMITIING EVENT (dependent on value in data element EVENT RESPONSmLE AGENCy) Event RA = E PEVENT ' EPA permit action Event RA = S " State permit action 

# • Authority = S Authority = J " 

### " State authority Joint authority S R
R S CM & E EVALVATION (dependent on value in dataelement EVALVATION RESP. AGENCy) Eval. RA = E CEEVAL EPA inspection R Eval. RA = S State inspection S Eval. RA = X " Oversight inspection R Eval. RA = C " EPA contractor R Eval,RA = B " State contractor S CM & E VIOLATION (dependent on value in data element EVALVATIONRESP. AGENCy) Eval. RA=E CEVIOL EPA inspection R Eval. RA = S State inspection S Eval. RA = X " Oversight inspection R Eval. RA = C " EPA contractor R Eva!. RA = B " State contractor S CM & E ENFORCEMENT (dependent on value in data element ENFORCEMENT RESP. AGENCY) Eva!. RA=E CEENFOR EPA inspection Eval.RA=S " State inspection Eval.RA=X " Oversight inspection CAAREA . CAAREA CA implementer agency 

# • CA CONSTITUENT CACONST CA implementer agency R S R R R



# • CA EVENT (dependent on value in data elementEVENT RESPONSmLE AGENCY) Event RA = E CAINST CA implementer actions R Event RA = S " CA implementer actions S Event RA = J " CA implementer actions R Event RA = 0 (other/voluntary) CA state implementeractions S Event RA = P (other/voluntary) CA EPA implementeractions R CA INSTRUMENT (dependent on value in data element INSTRUMENT RESP. AGENCY) Inst RA = E CAINST CA Permit or Order R Inst RA = S CA Permit or Order S Inst. RA = J " CA Permit or Order R PM COMMITMENTS (dependent on value in data element COMMITMENT TYPE) Comm. Type = GRC PMCOMMIT EPA/State grant comm. R Comm. Type = GRP" Grant projection R Comm. Type = MYI ' Multi-yearstrategy, imp. R Comm. Type = MYO" Multi-year strategy, OVT. R Comm. Type = SPM" SPMS R 5. Universe Calculations Ecology and Region 10 also agree that the RCRIS "authorization status" elementbe set to 'N' (No) resulting 

### in the hierarchy by which universes will be calculated to E-S-A-N. This means the views ofEPA prevail over the State's view, overPart A information, and 95 ProgramOesaiptiol>- WashingtOnDepartment of Ecology Hazardous Waste Program Note: Each seelion designated by a capital1etter is dated separately. See Section Beadings for most reeeat update.overNotification data. Although Region 10 is the lOR for Handler Status, Region 10 will discuss changes to the TSD universe before making any changes to the database. This will 

# 0, be done at quarterly sites meetings or conference calls and the change documented in a memo. A copy ofthis memo will be forwarded to Ecology and the handler(s) files(s), as well as to data entry. ' When Region 10 and Ecology mutually agree thatthe State has appropriate data collection capabilities, the hierarchy will be set to S-E-A-N. 6. Dispute Resolution Ecology and Region 10 agreethat a dispute resolution procedure mustbe formally established in order to expeditiously resolve any conflicts that may arise betweenthe two Agencies regarding the value/content ofthe data in RCRIS. Therefore, Ecology and Region 10 agree to assume responsibility for reviewing the exceptionreports generated during the merge process, as well as any othertools that may be identified, in order to identify the possible areas ofdispute. Ifthe non-lOR is in disagreement with the lOR, then they will assume responsibility for initiating the resolutionprocedures. Ecology and Region 10 agree that disputes should be resolved at stafflevel whenever possible. Once elements in dispute have been identified, the PO will contacthis/her counterpart, either by telephone or in writing, within five days, to discuss the data in question. IfEcology and Region 10Project Officers cannotresolve the dispute, then they will bring it to the attention oftheir immediate supervisors. Resolution will have been 

# C"\ attempted for no more than two weeks before this escalation occurs. Ifnecessary, final authority for dispute resolution will reside with the EPA Hazardous Waste Management Branch Chiefand the Solid and Hazardous Waste Program Manager. Ecology and Region 10 agree that the maximum timeframe for resolution ofall disputes will not exceed 45 days. While the dispute is being resolved, the lORhierarchy established in the MOD will determine the official view ofthe information. Ecology and Region 10 agree to develop Information Management Procedures. These procedures will at a minimum defme the flow ofdata from various program areas to data management stafffor data entry in a timely manner; timeframes for data entry and upload to the merge data base; data quality assurance and control procedures; and handling of related documentation, including provisions for transmitting copies to the coimplementer. These procedures must be developed and in place before RCRIS is designated the official data base for data.



### 7. Ecology and Region 10 agree to adhere to these procedures. If Ecology and Region 10 mutually determine thatthe procedures prove inadequate for the ongoing operation of RCRIS, then Ecology.and Region 10 agree to revise the procedures. Information Sharing

-- - - ------------ --- ----**--~------** - - --- 96--

- 

# o

Program Description- Washingron DepartmentofEcologyHazardousWasteProgram Not.: Eacb section dcsigtlatcd by a capital letter is dated separately. Sec Section Beadings for most
.....nt npdate.

# •

• 8.

9.

10. Ecology agrees to transfer all RCRIS data elements, including information on facilities regulated only by the state, to the merged data base. Region 10 also agrees to transfer all RCRIS data into the merged data base. Both agencies will therefore have access to the identical information after a merge cycle is completed. The data will be transferred to the merge data base once per month. Database Conversion and Initialization Ecology has agreed to initialize RCRIS from HWDMS data. Region 10 agrees to conduct and pay for the cost ofthe ·conversion. Ecology and Region 10 will review the converted data base for accuracy and quality ofdata. Post-conversion clean-up activities will be coordinated between the two agencies as inaccuracies in the data are identified. Datathat does not meet Ecology's high data quality standards will not be loaded into RCRIS. Hardware/Software Maintenance The Information Resource Management staffresponsible for data processing for both Region 10 and Ecology will maintain close working relationships. This will assure that data processing operations and telecommunications functions, as required to supportprogram operations, are implemented. Region 10 will provide funds for updates ofRCRIS software as system requirements are modified. Ecology is responsible for obtaining and installing new versions ofFOCUS and reprogramming their RCRIS application software. These expenses are grant eligible. EPA OversightRole Region 10 will continue to perform its oversight function as stipulated in the annual SEA and operating grant agreements. Reports will be extracted from RCRIS by Region 10 to evaluate Ecology's performance ofthe delegated RCRA program activities.



# • 11. Amendments to MOU

- Should there be significant changes in RCRA policy or a substantial enhancement or modification to RCRIS, Region 10 and Ecology agree that this MOU will be amended by letter to add provisions to ensure the timely management ofquality data in RCRIS. 12. Grant Incorporation This MOU is incorporatedby reference as part ofthe FY 91 grant, and is part ofthe Information Management commitments and milestones as contained in the FY 91 RCRA Cooperative Agreement Work Plan. 13. Effective Date

97 ProgramDescription-WashingtOn DepartmentofEcology Hazardous WasteProgram Note: Each seedee designated by. capital letter is dated sepanldy. See SectiOD Headings for most recent Dpdate.This agreement is meant to provide the framework within which Ecology and Region 10 intend to initialize and operate RCRIS. This agreement does not waive any legal rights that eitherparty has, nor does it provide any rights to facilities or persons not a signatory. Once executed, this MOU will continue in effect unless modified by mutual consent of both parties. However, this MOU is subjectto re-negotiation based on revisions to the RCRIS implementation process and national implementation framework, revisions to relevant State or Federal guidance, regulations, or statutes, or revisions to the State's RCRAlHSWA authorization status. The MOU becomes effective on the signature date. SIGNATURES 

# o

United States Environmental Protection Agency

ChuckFindley, Director Hazardous Waste Division Date: Signed on 1/10/91

Clark Gaulding Assistant Regional Administrator Policy and Management Date: Signed on 1/11/91 Washington State Department ofEcology

Greg Sorlie, Program Manager Solid and Hazardous Waste Program Date: Signed on 11/28/90 

# ·0



# o**~----~-~~---~** 98---
Program Description. Washington Departmentof Eallogy Hazardous Waste Program Note: Each section designated by a eapitallenu is dated separatdy. See Seetion Headings for most ftCeDt npdate.

# •

•

• Appendix 5 Memos Addressing the Applicability ofHB 1010

99 ProgramDescription-WashingtonDepartment ofEcology Hazardous Waste Program Note: Each section desipated by • capitallottu is dated separately. See Section Headings for moSt recetlt update.DEPARTMENT OF ECOLOGY
February 5, 1998

TO: All HWTR Staff FROM: Greg Sorlie, Manager SUBJECT: The Application ofRCW 43.05 (HB 1010) to our Work As you have recently heard, via the cover memo from the four program managers, the agency has had to make inoperative certain sections ofRCW 43.05, Technical Assistance Programs. Thisis the law, which codified certain field visit provisions ofESHB 1010. Those sections made inactive deal with the ability to immediately penalize businesses for certain violations. This was due to perceived conflicts with federal law, and wasjeopardizing our authorization ofour Dangerous Waste Program. As a result, Ecology.has notified' the Legislature, EPA, and the Governor, that we have made those sections inoperative for those federally delegated programs. We have also stated our intent to remain true to the intent of the legislation. EPA is only concerned that law prohibits us, not by policy. What does this mean to you? Very little in the way ofwhat enforcementwe will take. However, you shouldbe aware ofwhat this means to implementation of field visits. The HWTRProgram has two majortypes ofvisits, which we provide to our clients. Visits aimed at complying with the Dangerous Waste regulations and visits aimed atproviding Pollution Prevention information. Although we have worked at integrating these two disciplines in our program, each staffshould have a good idea ofthe goal ofthe visit priorto entering the business. 

### Dangerous Waste Compliance Visits OurDangerous Waste regulations have been submitted to fulfill the requirements offederal authorization ofthe Hazardous Waste Program. The state components ofthe program are intertwined into the federal components such that we do not

.separate them for purposes ofauthorization, and will not for the purpose of determining when and ifRCW 43.05.040.050.060(3) and .070 applies. This means that ifwe view significant violations during a Dangerous Waste Compliance visit, we can legally, now, go directly to penalty without worrying whetherthese 'criteria have completely been met. We have rarely issued an 

# o

o

o

--_.--- 

## _ ..... _---- ..... -._.
100

# •

•

• The Application ofRCW 43.05 (HB 1010) to our Work February 5, 1998 Page 2 enforcement action after the first compliance visit, and we as an agency have committed to continue with the intent ofthetechnical assistance law. We needto ensure that we not confuse businesses or ourselves by the way we implement our field visits. We should make sure that in our representation of these visits we do not assert that we will not be able to penalize by law. If explanation is asked ofwhen an enforcement action could result, you can still use the criteria quoted in RCW 43.05.070 as general criteriaused. Obviously, we should not call ourDangerous Waste visits "technical assistance visits", and documentation resulting from such visits should not reference this law. 

### Business Assistance Visits Pollutionprevention visits stem from a state law RCW70.95, 

### which is not associated with a federally delegated program. Ourprogram has previously determined that RCW 43.05 did not apply to pollution prevention visits because ofthe provisions ofthat law which make such visits enforcement ineligible. RCW 70.95 specifies criteriawhere violations viewed during these visits could be referred to compliance stafffor possible enforcement. In the past we have called such visits Business Assistance visits, and have not been constrainedby RCW 43.05, because our intent is not to ever issue an enforcement action directly as the result ofsuch a visit. It is our intent to continue with this philosophy. To the. extent appropriate for each visit, we should look closely at the information needs specified in RCW 

### 43.b5.060, because these are common-sense information items that businesses would be interested in. Again, we should not represent our "PollutionPrevention Visits" as "Technical Assistance Visits", since that may confuse a few well-informed businesses. Should such abusiness inquire how we are implementing RCW 43.05, we should state that our intent is that such visits not be eligible for enforcement and therefore we are implementing RCW 70.95's provisions instead. 

### OtherField Visit Types Ourprogram has worked hard to provide a range ofservices to the public such as, Increased Generator Contact, Single Industry Campaigns, and Joint TR and Compliance visits. How does the recent changes in the law apply to these? The intent ofthe visit should be clearpriorto undertaking such a visit. Ifthe intent is to provide assistance under RCW 70.95, we will perform these as Business Assistance visits. All staffare eligible to performbusiness assistance visits, not justToxics Reduction staff. Ifthe aim is to provide enforcement eligible compliance assistance, then we will provide them as ifthey are compliance visits. Certain staffmay be precluded from making Compliance visits due to designation as Technical Assistance Officers under RCW 70.95.


## \ o IThe Application ofRCW 43.05 (HB 1010) to our Work February 5, 1998 Page 

### 3 

### Requested RCW 43.05 Visits We should go ahead and conductrequested visits if: 1. Requested in advance; and, 2. We agree they are appropriate/make sense/aren't aproblem facility or under current investigation. We might wish to explain that we have a range ofvisits we offer in the HWTR Program and the benefits ofeach, and then let businesses decide for themselves. Ifyou have any questions regarding the above, please talk to your supervisor. Should they remain unresolved, please refer them to the Implementation Network for discussion so that we can resolve them with the HWTR Management Team. GS:nh



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# • February 5, 1998
TO: FROM: 

### RE: Ecology Field Staff Greg Sorlie, Joe Williams, Megan White, Mary Burg Conflicts between Federally Delegated/Authorized Programs and Regulatory Reform/RCW 43.05 (HB 1010)



# •

• We would like to inform you ofactions taken by Ecology and EPA regarding HB 1010, the Regulatory Reform Act. EPA recently notified Ecology that conflicts existed with federally delegated and authorized programs due to sections ofHB 1010 which prevent Ecology from being able to immediately issue penalties for certain violations. EPA determined that those conflicts werejeopardizing our federally authorized and delegated programs. As a result, we have notified the legislature that, according to provision 43.05.901 ofthat same act, we have made inoperative those conflicting sections for the affected programs. We have also voiced our intent to still adhere to the spirit ofthis legislation. Which laws are affected? Programs or laws affected are: Clean Water**Act,rJiz[ietgr.it~'i)'iI;t'nj~cijo~~CQntrbl** 

## 'Jirqi:!iijfi, Underground Storage Tank Program, Hazm-dous'WasteProgram and seven 

### Air Quality Programs (Title 5, Maximum-achievable-control technical standards, national emission standards, state implementationplans, new-source performance standards, prevention ofsignificant deterioration, and new-source review). Only the federally authorized portions ofthese programs are affected. Any other program or law not mentioned above is still subject to the full extent ofthe law. How does this impact you? Penalties In essence, this will make little change in the number or focus ofour enforcement actions. Although we now have authority to issue penalties when ESHB 1010 would otherwise have precluded it, in practice this should not happen often. The limits in ESHB 1010 on the issuance ofpenalties are very similar.to Ecology's Enforcement Policies. Therefore, it is our intent to continue to considerthe criteria mentioned in RCW 43.05.050 and .070 when considering whether an enforcement action appropriate. These criteria are: • The violation was a condition ofa permit
• Previous enforcement actions had been taken or notice given to the violator • The problem had not been corrected in a timely manner • There exists a probability ofdeath or bodily harm • There exists aprobability ofcausing more than minor environmental harm • There exists a probability ofcausing property damage exceeding $1,000' 

## \ 03, .

i Ifyou believe one ofthese criteria applies, you should not let questions about whether

. sufficient evidence exists to prove it stand in the way ofissuing a penalty. We will need

to change our Compliance Assurance Manual to reflect when lIB 1010 (RCW 43.05) applies, when we formalize our Performance Partnership Agreements with EPA later this year. Until then, this guidance will have to suffice. Technical Assistance This decision does not affect Ecology's ability to provide technical assistance. ESlIB 1010's requirement that Ecology develop technical assistance programs is still in effect. Each affectedprogram may wantto review the implementation issues ofour and EPA's recent determination. For site visits resulting from federally authorized or delegated programs, we**~~y.'.ne~~** to review how we represent our visits and the resulting documentation. However, we wishto clarify that it is Ecology's intent to not change our**basic,a.piW~ach;·t()reHl'oi;idi..ieiit.** The common-sense approach shouldbe fOllowedto

. .,_ _."._ • v' ,.' _,_ -"

__,.**"'~"** ,,_•...

_ '"

..... _ " ;... . .. ¥
.... allow us to use our limited enforcementresources in the most environmentally effective fashion. We have been impressed with Ecology staff's use ofenforcement discretion and expect we will continue to use it .

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• STATE OF WASHINGTON 

### DEPARTMENT OF ECOLOGY p.o. Box 47600 • Olympia, Washington 98504-7600 (360) 407·6000 • TDD Only (Hearing Impaired) (360) 407·6006 June 12, 1998
Mike Bussell EPA Region 10 1200 Sixth Avenue WCM-127 Seattle, WA 98101-9797 RE: Compliance Assurance Policy Update

# ])ear~ussell:**~,~** The purpose ofthis letteris to notify you that the HWTR Programintends to update the Compliance Assurance Policy (CAP), dated June 19, 1997, during FY 1999. This is in accordance with my earliermemo entitled, "The Application ofRCW 43.05 (HB1010) to our Work," and a second memo to Ecology Field Stafffrom four ProgramManagers entitled, "Conflicts between Federally Delegated/Authorized Programs and Regulatory Reform/RCW 43.05 (HBI010)." Both memos are dated February 5, 1998. The purpose ofthe earliermemorandums was to let staffknow that certain sections of Chapter43.05 RCW, Technical Assistance Programs, had become inoperative due to conflicts with federal law where EPA did not considerEcology to have adequate enforcement ability to issue penalties for any hazardous waste violation. As you know, EPA and Ecology have agreed that HB 1010 does not apply in cases where it may conflict with federally delegated programs, such as RCRA. We are currently operating this way now, and Ecology will revise its CAP to say, ''Penalties may be assessed against secondary violators, in accordance with federal authority". Ecology staffwill use their enforcement discretion on secondary violators. This letter and the two previous memorandums will serve as guidance until the CAP is updated. Timing ofthe CAP update will be negotiated as part ofthe FY99 Performance Partnership Agreement.

# s~~ Greg Sorlie, Manager Hazardous Waste and Toxics Reduction Program GS:nh 

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