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Program Description

Washington Department ofEcology's

Hazardous Waste Program

-June 1999
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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 Description where the particular rule is discussed.

Locations ofInformation Addressing Significant New Regulations

Revision

Checklist

Number Federal Requirement FR Reference & Date Part:Section

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39

Land Disposal Restrictions

California List Waste

Restrictions

51 FR40572 11/7/86

52 FR 25760 7/8/87

1:lll.B.5

1:lll.E.7

1:III.B.5

I:III.E.7

39.1 California List 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 Scheduled Wastes 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 Scheduled Wastes

Land Disposal Restrictions;

Correction to the First Third

Scheduled Wastes

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 letter is datedsepsrately. See Section Beadings for most recent update.
78 Land Disposal

Restrictions for Third

Third Scheduled Wastes

(See CL 78 in Non-HSWA Cluster VI) 55 FR22520 6/1/90 I:III.B.5 0

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

Exemption 53 FR27290 7/19/88 I:II.B.4 0

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 Cluster I) 55 FR25454 6/21/90 1:III.E.5

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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 c

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Pro8'= Description- WashinglOn Departmentof Ecology Hazardous Waste

Note: Eacb sectiOD designated by a capital IctU:riJ dated separately. See SeeliOD BeadiDgs for most rca:D. update.
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Program Description- Washington Departmentof Ecology Hazardous Waste Program

Note: Each sectiODdesigoated by a capital letter is 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 of Amended 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

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ProgramDescription- WashingtOn Department of Eallogy Hazardous Waste Program

Note: Eacb section designated by I capital letter is 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. Groundwater Monitoring

. 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 of Information 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. Other Types ofDangerous Waste Management Facility Permits

A. Permit by Rule

B. Emergency Permit

C. Trial Bums Permit (for DW (dangerous waste) Incinerator Final Facility Permit)

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

E. Research, Development, and Demonstration Permit

ProgramDescription- WashingtOn Departmentof EcologyHazardousWastePrognm

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v. Permit Modifications

VI. Permit Review and Approval/Denial Process for Existing and New TSD Facilities

A. Ecology Review and Approval/Denial

B. Judicial Review of Pennits

PART III

COMPLIANCE MONITORING AND ENFORCEMENT

I. Authority

II. Facility Inspections/Visits (With and Without Target Numbers) 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. Multimedia Inspections

4. Criminal Investigations

D.. Corrective Action Compliance Monitoring

1. Corrective action compliance monitoring inspections

2.. Comprehensive groundwater monitoring evaluations

3.. Operation and maintenance inspections

4. Case development inspections

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 Settlement Procedures

A. Appeals Process

1. Application for Relief

2. Appeal to the Pollution Control Hearings Board (PCHB)

B. Innovative Settlement Procedures -

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ProgramDescription- Washington DepanmentofEcology HazardousWasteProgram

Note: Each section desigaated by a capital letter is dated separately. See SeetiOD Headings for most recent 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. Other Important Data 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 of Pollution 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

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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 Prior to 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

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ProgramDescription- Washington Departmentof 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 of Washington's application for authorization of

the "Hazardous Waste Management Program" which is operated by The Department ofEcology

(Ecology). The Hazardous Waste Management Program was developed, and is continually

evolving, to provide a comprehensive program that is equivalent to, 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 of all portions ofthe

Federal RCRA program for which the State has been authorized. Some ofEPA's rules

promulgated pursuant to 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 and EPA.

All persons who generate, transport, transfer, recycle, treat, store, or dispose of dangerous

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 protect public health and the environment from improper management of

dangerous waste. The State program, administered by Ecology, has regulatory authority over'

nearly all areas of dangerous 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 equivalent to RCRA, and to implement

recommendations from Ecology's Regulatory Reform Project relevant 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 of Program 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

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ProgramDescription- Washington Departmentof Ecology 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 proper management of dangerous 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 of dangerous 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 pursuant to 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

enforcement procedures.

The State authorized dangerous waste program is subject to the following limitations: The

authorizedprogram does not extend to Indians or Indian activities within the 1873 survey area.

EPA retains primary responsibility for implementing ReRA on the trust lands, and over Indians

and Indian 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 in jurisdiction from Ecology to EPA, or from EPA to Ecology. The "Implementation

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1'rogTam Oesaiption- Washington Department .fEcology Hazardous Waste Ptognm

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Strategy for Lead Regulatory Agency Changes" will be used to facilitate information sharing and

communicating jurisdictional 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 of extremely hazardous wastes.

.While the legislation established another category ofwastes, called dangerous wastes (DW),

Ecology, at that time, was not authorized to regulate such wastes.

In May of 1980, the United States 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 "consistent and 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

stringent than 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

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I'rognm Description- WashingtOn Department ofEcology Hazanlous Waste I'rognm

NOIe: Each seelioo designated by a capitalletler is 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 implement the

legislative mandate to operate a State program for controlling Dangerous Waste (DW) (lower

risk) and Extremely Hazardous Waste (EHW) (higher risk) that is consistent with federal

regulations; to provide a means of defining 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 proper treatment, storage, and

disposal ofDW and EHW; and to allow issuance offederally consistent permits 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. Prior to 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 of a waste that can be generated or stored and still

qualify the generator for 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 criteria EHW has a generation QEL of2.2 pounds per 0

month, while persistence criteria EHW has a generation QEL of 220 pounds per month. .

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ProllJ8lllDescription- Washington Depanment of Ecology Hazardous Waste Program

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2. Waste Tracking Summary

Washington's Dangerous Waste Regulations have based the tracking of dangerous wastes, as

they move from the generator to a final disposal site, on the use of a 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 site within 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 of dangerous waste

treatment, storage, and disposal (TSD) facilities were later developed to be equivalent to 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 must be exported to

permitted facilities outside the State.

4. Regulatory Reform Project

In 1993, a regulatory reform project was 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

equivalent to Federal requirements. Rule amendments were adopted in November 1995 that

implemented the 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

amendment to 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

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ProgramDescription- WashingtOn Depanmentof EcologyHazardousW.... 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 lower hazard ofspecial waste, relative to other dangerous waste;

Amending the bioassay designation process in order to align the fish bioassay designation

level of 100 mgIL to the acute oral rat toxicity designation level of 5000 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 of PCBs 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 program to 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 stringent waste management requirements passed under Base RCRA only

addressed wastes generated and managed after the passage ofthe RCRA law and did nothing to

address past waste management activity. By imposing corrective action requirements on owners

and operators of hazardous 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 management unit at a hazardous waste treatment,

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ProgramDesaiption- WashingtOn Departmentof EcologyHazardousWaste Program

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storage, or disposal facility subject to 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 of hazardous waste and

hazardous constituents that have migrated beyond the boundary of a hazardous waste

treatment, storage, or disposal facility subject to a RCRA permit, and require financial

assurances for the completion ofsuch corrective action.

RCRA Section 3008(h) provides for Federal enforcement of corrective action requirements. This

allows EPA to issue administrative orders or initiate court action to require corrective action, or

any other response necessary to protect human health or the 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 cannot be 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 Act regulations 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

equivalent to, and consistent with, RCRA.. Nearly all the federal base RCRA 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 of Amended Washington State Dangerous Waste Regulations

The following descriptions provide a basic outline framework and substantive details for the

amended (most recently, February 1998) Washington State Dangerous Waste Regulations,

Chapter 173-303 WAC (Washington Administrative Code).

15

Program Description- Wasbing10n Depanmentof EcologyHazardousWaste Program

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 chapter to 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. Major features ofthe designation process

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

met the 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) rather than 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 Waste Program

Note: £aeb sectiOD designated by a apilalletter is 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~~

"th toxic illi ,elSisttnlEHW "th llxicani ,.rsistenl EHW loth lIXicily illi ,ersisletllZ

WAC 7l3.J13-I1I(3)(iXW)

e Ywire ill SIG WAC 173-313-1lI(I}li}{IJ

e Y,u will..usinf S,ecQl KIlsIe €x&Jusi,n WAC /73-313-173

eY,urusd,illlliJl..ilInUl,,_fYreuvery WAC /73.J13-515(/}(I)

e r,uwill"/wzs,lIlinfYIUf'Ritet, i flrwunierI'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 WIG 173-3G-!!13 Nt U

I'ra~uct IN'tw)

..

... Nt NI

WIGI73-3G-!!t4 -~ t :! IWaste lan!eraus Saurce1-=-0"1tS . Ht .1 NI (AHW)

- I

·1 Li";i"''' Aash.-;rt<t41 "ItS

I!lnitaltle I Nil

I IfitaieSolii 1"ItS

Nil H I.l·lI "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 >I2S ln(Ui l!lIIW :!

.. NI ... r ws:2l- .. I SoIii'-'!leiwlh5l'4H2"""/H"2.I.l~'U "ItS co

.. 1 .. Nil ..

'" 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

ClrQil= CtnlelillilS 1 NI Nt I I TESTlr.G MS1.~ "ItS

.Rea~ ITalicity I III..IKllMi< .. Toxilily 1121'I6...r 1

lei..• 1fSIl. Ielorrirec~ ECr;a'~\iIn WTI1(EHN) I WTI2(w.'/) 1

Nil I .. 1 1

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

e ".l1l1 Wl'I2(..-I) l- co Nil i'tIsii:tneTaie I~)ClCic-c~ I'ftl(eM') >1.1% tsoetill)

,I Summarize waslcClfes NI I NIT

2) IIone (EHW ) coieis;v.", w:llle dais(EHW)

3) IInl(EHW) coieis!iven. w:llledais(IWj • TIassure (lIIlI1f waste-semen. JIlIIIlIISt CIII1bIlIell esIp;d8 II- F.....

e Y'Ufwaste Ues n,ltesijtW uner-lisJ~" .~. ,.

•

•

17

ProgramDcscriptiou- WubinglOD Department of EcologyHazardous Wale Prosram 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 (a third 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 if a 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 LDR requirements. But, if a waste designates under

"lists" or "characteristics", it is usually not necessary to also designate for the two State criteria..

The major exception to not having to designate a waste for State criteria even ifit has already

designated as a "listed" or "characteristic" waste is: when the generator of a "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 of a 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" must be further designated for the

State Toxicity and Persistence criteria for all constituent compounds and/or constituent

concentrations ofthe waste known to the generator. If a generator knows 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 discretion to require a generator to test a

waste according to the methods, or an approved equivalent.method, specified in WAC 173-303-

110 to determine whether the 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 must be used to determine if a 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 of EcologyHazardouS WasteProgram

Note: Each section clesigaated by a capital Ietter is dated separately. See SectiOD Headings for most rec:eD1 Dpdate.
•

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4. Special Wastes

Ecology regulations provide for a category of State-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 if a generator

(or group of generators) 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 subject to the same, or more stringent, consideration

before it can be exempted from regulation. The State's approach to 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 of discarded

19

Progrzm Description-WashingtOn Depanmenl of EcologyHazardous Waste Program

Note: Each section desiguted 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 of hazardous waste for short time periods (including container and tank standards)

(-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 somewhat more stringent than federal provisions, requiring generators to keep all

records for five years instead ofthe three year requirement for some records contained in the

federal rules.

o

2. Accumulation ofHazardous Wastes for Short Periods

A Large Quantity Generator (i.e., one that generates more than 1,000 kilograms ofwaste in a 0

month and/or has 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 of generation; the

waste is stored in containers, tanks, on drip pads; and/or containment buildings 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 tank closure 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/operator within 45 days ofshipment, an Exception Report must be submitted to

20

Program Description- WashingtOn Department ofEcology Hazardous Waste Program

Note: Each sectioo designated by a capital letter is dated separately. Set:Set:tioo Beadiogs for most reeeat opdate.

o
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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

Uniform National 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 of dangerous 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 system provide Ecology with a means to track the

generation, movement, and ultimate disposition of dangerous wastes in Washington.

The Ecology Director may also, if deemed 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 of all manifests signed by the designated receiving facilities;

Annual reports and exception reports;

All waste designation records, including test results, waste analyses, etc.; and

All other records 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 of hazardous 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 staff began conducting LDR inspections together with

EPA Region X staff during the period oftime when Ecology began taking on responsibility for

the federal LDR program.

.The purpose of all LDR regulations in Washington is to encourage the best management

practices for dangerous wastes according to the priorities ofRCW 70.105.150 which are, in order

of priority: 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 Idter is 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

either reuse his pesticide residues and rinse waters (e.g., in the next batch of pesticide) 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 or burial 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 of waste per month who do not 0

accumulate on-site more than 1000 kilograms of dangerous waste (and that do not exceed the

QEL (quantity exclusion limit) for generation or accumulation of acutely hazardous wastes); this

1000 kilogram (or 2,200 pounds) accumulation limit is more stringent than the Federal

accumulation limit of 6000 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

of contingency and emergency planning.

b. SQG Conditional Exemption

"Small Quantity Generators" (SQGs) are those generators whose: 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 of generators is known as "Conditionally Exempt Small Quantity Generators".

i

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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 or disposed 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 of Ecology Hazardous Waste Program

Note: Eacb _on designated by a capital _ is dated separately. See Section Beadings for moll recent npdate.

o
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authorized to manage dangerous waste by another state, 3) permitted to manage moderate-risk

waste, 4) a facility that beneficially uses or reuses, or legitimately recycles or reclaims the

dangerous waste, or treats the waste prior to 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 EPNState 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 of a spill or discharge of dangerous 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 export wastes must

comply with federal requirements administered by EPA (40 CFR Part 262 Subpart E 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 prior to 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. If a 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 criteria rules. The siting criteria serve as an initial screen in the

consideration ofsites for dangerous waste management facilities. Their purpose is to

immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable

or inappropriate for the management of dangerous wastes. They prohibit facilities from being

located in areas subject to 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 of new

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 of a schedule ofintegrity assessments;

Any release above the reportable quantity must be reported;

Tanks must be located in a manner equivalent to 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. WashingtOn Department ofEcology Hazardous WlISle Prognm

Note: Each section desigaated by a capitallettor is dated separately. SeeSeetion Beadings for most reeent update,

o
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•

•

4. Groundwater Monitoring

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 equipment that contains or contacts hazardous waste streams with

10% or greater total organics (by weight).

6. Foreign Waste Importation Rules

If a 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

manner the 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 incorporated by reference all federal restrictions to land disposal

of hazardous 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 staff during the period oftime when Ecology began taking on

responsibility for the federal LDR program.

8. Permitting Requirements

An owner/operator of a 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 water protection 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 must have adequate security, personnel training, inspection schedules,

emergency plans and equipment, records of operation, environmental monitoring, documentation

offinancial responsibility, closure, corrective action and post-closure plans, and reporting before

Ecology will issue a permit to a facility.

25

ProgramDescription- WashingtOnDepartment of Eoology 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 of dangerous wastes, triple rinsing of containers, 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 meant to 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 November 4, 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 of hazardous

waste were required to:

Institute corrective action as necessary to protect human health and the environment for all

releases of hazardous waste and constituents from any and all solid waste management units

at the facility regardless ofthe time at which waste was placed in such units, and

Specify corrective action, schedules of compliance 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 permit for the

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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.

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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 proposed rules 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 of effort 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 of establishing 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 order to 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 of a corrective action program that relied 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 of effort 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 of corrective 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 of contaminated 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

established three threshold requirements for remedial actions performed under the Model Toxics

Control Act. MICA cleanup actions must comply with cleanup standards, utilize permanent

solutions to the maximum extent practicable, 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 point that contamination no longer poses 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

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PrognunDescription- WashingtOnDepartment ofEcology 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 of contamination,

toxicity ofthe waste stream (extremely hazardous waste toxic hazardous waste), and the facility

setting.

The Oversight Issues include: enforcement history, financial status offacility, extent to which the

nature ofthe releases are known, level of public interest, and type and complexity of particular

corrective action activity.

A full outline ofthe Facility Environmental Priority Ranking Criteria can be found in the report

entitled Northwest RCRA Corrective Action Strategy.

5. Cost Recovery (last update: 1214/96)

A major benefit to the State of Washington 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 seek to 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 if necessary, 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 of cost recovery for individual sites will be considered

on a case-by-case basis, however, the department may demand payment of costs as they are

incurred.... Remedial action costs are costs reasonably attributable to the site and may include

costs of direct 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 over its

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 Reduction Program 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- WashingtOn Depanment ofEcology Hazardous Waste Program

No..: Each section designated by • capital letter iJ dated separatdy. See Section Headings for most ruen! npcbte.
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IV. Public Involvement and Availability of Information 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 their proper management, 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 equivalent to 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 than this. Most information is generally

available to the public without the 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 of disclosure requests.

Ecology provides the fullest possible disclosure ofrecords and information sought by the public.

This information is always provided free of charge, with two exceptions. First, if extensive

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 benefit to the public at large.

Ecology can deny requests for information. Denials will include statements of applicable appeal

procedures and statutes oflimitations. If a 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 of denial.

v. Revision ofthe State Program

Whenever Ecology revises its hazardous waste regulatory rules and procedures or substantively

30

ProgramDescription- WashingtOn Department ofEcology Hazardous Wast<: Prognun

Note: Eacb section designated by a capital loner is dated separately. SeeSeetiOD BeadiDgs for most .....Dt update.

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changes the hazardous waste program organization, EPA will be contacted to determine what

modifications are necessary in the memorandum of agreement, Attorney General's statement, or

other documents. Ecology will modify the documents, as appropriate, and submit them 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 must be 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 comment period may end no sooner than one week after

the last public hearing and generallylasts for thirty to forty-five days. Ecology then prepares

final amendatory language and files the final changes with the Code Reviser. The amended

regulations are usually effective thirty-one days after adoption although the effective date may be

later, if necessary. 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 other major changes in design and/or operation are

subject to permit modification 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 manner that will protect the

.public health and environment.

Ecology must coordinate proposed permits or major permit 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 of a 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 of a 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 management practices 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 of both 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 Program Implementation 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 of dangerous 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 Treatment Final Status

permit; Research, Development, and Demonstration permits; and Permits by Rule. 0

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ProgramDescription- W""bingtonDepartmentof EcologyHazardousWaste Program

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 of permits 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 for joint permitting 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 of WAC 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 of an interim status permit requires 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 of Subpart 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 by reference 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 enforcement policy.

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 equivalent to 40 CFR Part 270 Subpart B.

33

Program Description- Washington Department of EcologyHazardous Waste Program

Note: Each sectiou desigoaled by a ClIpitalletter is dated separately. See Seetion B..diugs for most ......., update.
Initial permits are generally written in Ecology's permit unit located at headquarters (the Hanford

permit was written in the Nuclear Waste Program); permit modifications (see below) are, on the 0

other hand, 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, or Nuclear 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 information requirements for specific facility components or operations (e.g., container

storage units, waste piles, drip pads, process vents, etc.) .

All ofthese information requirements for the Part B permit are designed to reflect the minimum

standards established for the management of dangerous wastes established in WAC 173-303-600

through -695 and in WAC 173-303-283 through-395. Where construction of a 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 of a registered 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 a permit 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 permit conditions for all permits

except permits 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 information requirements 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 of units 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- WashingtOn Department of Ecology Hazardous Waste Program .

Note: Eacb seetiODdesigJUlted by • capital letter iJ dated separatdy. See SeetiOD BcadiDgs for most reutlt update,

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Program will do permitting ofmiscellaneous units .

Incinerators- Existing incinerator facilities must conduct a trial burn before a permit 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 cannot be constructed until a final permit has 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. New Facility 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 ofIntent to

the Department ofEcology. WAC 173-303-281 specifies the information that must be

contained in this Notice ofIntent; ofparticular note 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. Other Types 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 of extremely hazardous waste.

They require compliance with 40 CFR 144.14 and all applicable State waste discharge

permits and conditions;

Publicly Owned Treatment Works (POTWs)- WAC 173-303-802(4)

POTWs are subject to State PBR requirements that are identical to federal standards,

except that POTWs may not accept extremely hazardous waste for disposal. State PBR

35

Program Description- WashingtonDepanmcntof 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 pretreatment permit

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 full permit.

B. Emergency Permit- WAC 173-303-804 (last update: 5/10/96)

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Ecology may issue an emergency permit to allow for treating, storing, or disposing wastes at

facilities that either are not permitted (including interim status), or, if permitted, are not

authorized at the time to manage the particular waste. 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. 0

C. Trial Burns for DW (Dangerous Waste) Incinerator Final Facility Permit- WAC 173-

303-807· (last update: 5/10/96)

For purposes of determining 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 prepared by 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 specified based on Ecology's estimate ofthe

difficulty ofincineration of constituents 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 of or as part.of a

final facility permit so that the owner/operator of a land treatment facility can make the

36 .

ProgramDescription- WashingtOn DepanmentofEcology Hazardous Waste Program

Note: Each sectiou designated by a capital letter is dated separately. See Section Headings for most recent update.

o
•

•

•

demonstration required 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 permit will 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 a proposed permit modification.

The three classes of permit modifications 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 permit modifications only in that three types

ofmodifications are considered class 2 modifications, rather than 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 Nuclear Waste 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

ProgramDescription-Washington Department of EcologyHazardousWasteProgram

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 of air, 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 draft permits and fact sheets (if necessary) or a statement of basis ofpermit

determination.

10. Coordinate with EPA during the review process.

11. Open comment period, 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 prior to permit issuance and in accordance with State

enforcement policies.

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 CitizenlProponent Negotiations process

provided by WAC 173-303-902; State Environmental Policy Act requirements;

and the dangerous waste management permit process.

15. Issue final permit actions.

16. Process changes to permits, including: Transfers, Modifications, Revocations,

Reissuance, and Terminations.

17. Ensure proper judicial review of permits in cases of applicant 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

operator of a 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, professional judgments 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 of events, 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 .

Program Description- WashingtOn Departmentof EcologyHazardousWasteProgram

Note: Each sec:tiOD designated by a capital Idler is dated sep.....tely. See SeetiOD HadiDgJ for most recaJt update.

o

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•

under Chapter 173-303 WAC may appeal the decision to the Pollution Control Hearings Board

pursuant to Chapter 43.21B RCW. The Pollution Control Hearings Board Act, WAC 371-08-

255, states that in the event the board detennines that apermit issued by Ecology under Chapter

173-303 WAC is invalid in any respect, the board will issue an order remanding the permit to

Ecology for reconsideration 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 prior to 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 Departmentof 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

EcologJSud:; copy01

Notic~ o1lDtc:M to LOQI

AgCDC\' ..dA"c:ete<I

Loc:oI~

Pro....... Soboit<

Notic.of ....... IocIadiog 0.-.0._

01eoa.plAoc.. ,,;u,

Sb'OO<JCriterie

o

• No

SEP'"L.O<! Ageoc,

"'.... DNSf.. ls-d>, e-otPcriod

EcologJ De.......,

..... Ag...'ioSfP...

Le>dAg...,

I

-4------l

Propoo>!

doco ...

mc:ct aittrR

.... ll<ff;Qeocy or . Dtt~ SafficieDt

loI........ io...YOiI>bl<

to pr~c DnftPermit

L.>dA9CDCl' Itok!' eo...... -- - Period00 Onft [IS

EcoIo9l' Rem... CPN RopoortoocI r..,. SfP...

Do.-..

1-__..,....__J-------tlI~::.~......

e-.in.. Edoc>tor'Ioolo ._ Propoo>l oocI Pernoit

Proc..,* Beg... ~,.;.. AppIiLoc:oI~*

em.- O<:=idc ....,

..... Cili=Propoo<Ol

Nc~OD Proce::

NoCiti:l<.

Pr_,

tkgotiotioo. of

Agr«DC:Ot:

Ecofog, Pr~rc= Dnft Per.... b>cIvdiag

App!;c.tio.CPN

A9r_,oocISfP'"

Mi·ltioft~,t:

EcologJ0ftN;ees

AppliQDt ~CtiOD

r..mo, COOOio..... ,.;..

P..... (;oodit;ooo

NOTES: Local govemmentwill normally beSEPA lead, if it hasa permit orother approvalo issue. Ifthere is noCPN

process, theSEPA process doesnothave tobecompleted before Ecology prepared thedraft permit CPN is

voluntary forproponents oftreatment and sorage facilities, mandatory forincineration ordisposal facilities.

o

40

ProgramDescription- Washington Depanment of Ecology Hazardous Waste Program

Note: Eachsection designated by a eapitalletter is dated separately. See Section Heading> for most Oftent update.
•

Figure 3. Permit Process for Applications Prior to New Siting Criteria

MODIFIED PERMIT PROCESS FOR APPLICATIONS

RECEIVED PRIOR TO NEW SmNG CRITERIA

Sepa •

CPN Report Prepare Draft Permit Document

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 Depanmontof 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. ARCa Refining, 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 and Marketing, 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, Fort Lewis'

6. USN Bremerton Shipyard, 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'OnDepartment of Ecology HazardousWaste Program

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 Indian Island, Hadlock

4. USNNUWC Keyport, Keyport

5. Reflex Recycling, Tacoma

Existing facilities that currently handle spent potliner, 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 permit was 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. Ross Electric, 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 Depanmenl of EcologyHazardousWaste Program

NOle: Eaeb section designated by a capilallettu is dated separately. See SectiODaeadiDgs ror most reeeet upelate.

o

o

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PART III

COMPLIANCE MONITORING AND ENFORCEMENT

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 details of enforcement 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 of noncompliance 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 behalf ofthe State, or take other action as

may be necessary, to immediately restrain any person contributing to handling, storage,

treatment, transportation, recycling, or disposal of any dangerous or solid waste in a manner that

may present an imminent and substantial endangerment to 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 of persons 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 dcsiglUlled by I Clpilallctler is doled leplJ'lltdy. See Section H.-dings for most recent npdate.
Il. Facility InspectionsNisits (With and Without Target Numbers) 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 effort to 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 paper was also prepared regarding Ecology's

contact frequency with hazardous waste generators. This paper discussed the various methods

used by Ecology to contact generators to provide technical assistance on regulation compliance

and pollution prevention.

o

While the HWTR Program continues to strengthen regulatory compliance through aggressive

and timely inspection and enforcement efforts, the Program's primary approach to achieving

compliance is to offer technical assistance and informal enforcement to help businesses

understand and voluntarily comply with environmental regulations. This approach is used before

resorting to formal enforcement unless there is an imminent threat 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 of generator 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

LDF without 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 Departmentof EcologyHazardousWasteProgram

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 eight percent (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 undertakes a substantial number

of additional inspections and facility visits. These include:

State Priority Inspections (including public complaint responses)

Compliance Assistance (e.g., New Notifier, 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 of enforcement; such facility visits are considered .

compliance assistance. Follow-up mayor may not include a letter providing for self-reporting of

correction ofregulatory infractions.

All ofthese visits, with the exception of certain 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 prior to 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 clarified the

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 attempt to assure that it would not contradict RCRA enforcement

policies and jeopardize Washington State's RCRA authorization. However, it was

later determined that there was a conflict. Chapter 43.05 RCW limited Ecology's

authority to issue penalties 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 program being at

least as stringent as the federal RCRA program. To ensure that Washington's

dangerous waste program is as stringent as the federal RCRA program, Ecology

determinedpursuant to RCW 43.05.901 that the limitations ofEcology's authority to

47

Program Description- WashingtonDepattmcntof EcologyHazardous Waste Program

Note: Each section des;gnate<!by a apilalletter iJ date<!separately. See Section Heading> for most .-nt npdate.

,.
issue penalties in RCW 43.05.050 through 070 would not apply to the portions ofthe

State dangerous waste program that implementfederal RCRA requirements. Notice

was sent to the Governor and the Legislature as required by RCW 43.05.901 on

December 10, 1997.

Following is a brief description 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 of criteria

such as citizen complaints, past compliance record, type offacility, etc.

2. Compliance Assistance Visits

Ecology staff conducts a variety of different types of compliance assistance visits, including New

Notifier visits, Increased Generator Contact visits, Joint Site Visits, Focused Industry Campaign

visits, and Small Quantity Generator visits. 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 their business, and offer information on

means to gain voluntary compliance with the requirements.

o

a. New Notifier Visits

Visits to those facilities that have recently notified EPA and the Department ofEcology oftheir

existence, but have not yet been inspected. The purpose ofNew Notifier visits 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 conducted jointly 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 staff depends upon the

primary purpose ofvisit.

d. Small Quantity Generators (SQGs)

SQGs includes both notifiers and non-notifiers. The determination of which 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 particular targeted 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 of determining 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 relevant to 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 November 4,

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 other compliance monitoring activities. Ecology may perform the following five

compliance monitoring tasks for corrective action implementation:

1. Corrective action compliance monitoring inspections

Corrective action compliance oversight inspections include the bulk of corrective 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 groundwater monitoring evaluation is a detailed assessment ofthe

. adequacy ofthe design and operation of a facility's groundwater monitoring 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 acorrective 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 of enforcement procedures contained in the Compliance

Assurance Policy. Please refer to Appendix 1 for a formal presentation of

HWTR's compliance assurance policies.

50 .

ProgramDescription-WashingtOn Departmentof EcologyHazardousWaste Program

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

o

o
•

•

•

In enforcement cases, HWTR Program staff consider the full range of enforcement options

available and choose the type(s) of action 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 enforcement to

help businesses understand and voluntarily comply with environniental regulations. Of course,

violations that cause serious actual or imminent threats to human health or the environment will

be acted upon immediately.

It is Ecology's intent to make enforcement response decisions and to issue enforcement response

in a timely manner. In general, technical assistance and informal enforcement responses will be

issued within 30 days ofthe determination of a 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,

whenever practical, 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 of a violation. However, in certain complex investigations a longer period may be

required to develop an appropriate formal enforcement response; in these cases, up to 180 days

will be allowed prior to issuance of an action.

Ecology's enforcement actions are divided into informal, formal, and criminal responses.

A. Informal Enforcement (last update: 12/4/96)

Informal enforcement tools 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 operator completes

necessary actions to comply with regulatory requirements 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

imminent threats to human health and the environment and other conditions which cause a

facility to be classified as a Significant Non-Complier. A Significant Non-Complier is a facility

that: a) has caused actual, or substantial likelihood, of exposure ofhumans or the environment to

hazardous waste or hazardous 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 c1akd sepua!dy. See Seetion H...d.iagsfor ma>t recent apdate.
conditions of a 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 of action within a specified time to achieve

compliance. Administrative orders are unilateral actions, issued by Ecology pursuant to statutory

authorities. Administrative. orders issued pursuant to 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 of an administrative order, or as resolution of an 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 of court charges.

4. Injunctive Relief

Ecology may seek injunctive relief in cases ofsignificant violations and/or severe environmental

or human health risk. Injunctive reliefis sought in Superior Court, and is generally initiated only

after the violator has been notified ofthe violation and consequences ofnon-compliance, and has

refused to take appropriate action.

5. Penalties

Ecology may assess penalties of up 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 pursuant to it. The amount of a 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 Departmentof EcologyHazardousWasteProgram

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 of criminal enforcement is to obtain compliance by both the violating

facility and the rest ofthe regulated community. The operating assumption is that willful,

knowing violators of environmental laws should be dealt with in the criminal court system. This

tends to promote compliance by serving as a deterrent to other members 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 of proofthan civil/administrative proceedings.

In order to prevail in a criminal case, Ecology must prove 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 Settlement Procedures

A. Appeals Process (last update: 5/10/96)

Once a penalty or order has been issued, the violator has 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 Application for 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 of a notary.

•

Ecology considers the information in the Application for Relief and 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 mitigated when additionalfacts relevant to the violations cited are brought to Ecology's

attention.

53

ProgramDescription-WashingtOn Departmentof Ecology IiazJlrdous Waste Program

Nou: EachsectiOD clesigoated by • eapital leiter is dated separately. See SectiODBeadiDgs for most rueal Dpelate.
Formal decisions are comprised of a cover letter and a Notice ofDisposition Upon Application

For Relief which 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 through the courts.

B. Innovative Settlement Procedures (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 violator has the option ofsettling with Ecology

prior to the PCHB hearing. .The full range of options 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 staff who 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 benefit the environment.

. 1. Innovative Enforcement Settlement Guidelines

A penalty must be issued

54

Program Description- WashingtonDepartmentof Ec:ology Hazardous Waste Program

Note: Eacb sectiOD designated by a capital Iclter is dated separately. See Sectioa Beadiags for most ftCeDt update.

o

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

• Project should benefit environmental medium that was impacted by the violation

Prefer projects 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 violator while 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 of environmentally

beneficial activities.

•

•

Examples of past 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 Settlement Process 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. Prior to 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 enter the 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 (Chapter 43.05 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

Chapter 43.05 RCW. It isa major piece ofregulatory reform legislation that includes significant

provisions for technical assistance and enforcement that are applicable to Ecology. HB1010 was

initially developed by the Governor's Regulatory Reform Task Force out of a concern about the

volume and complexity of government regulations. The Task Force believed that 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

pursuant to RCW 43.05.901 that the limitations ofEcology's authority to issue

penalties in RCW 43.05.050 through 070 would not apply to the portions ofthe

State dangerous wasteprogram that implementfederal 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 of a penalty may be needed for certain types of

violations. Among other things, 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 a reasonable time period.

HB 1010 defmes a "technical assistance" visit as a visit by 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 visit to 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 through the 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 of any 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 subject to an enforcement action

forthe same or similar type ofviolation, or has been given previous notice ofthe

same or similar type ofviolation;

b) the violation has a probabilityofplacing a person in danger of death or bodily

harm, has a probability of causing more than minor environmental harm, or has a

probability of causing physical damage to the property of another in an amount

exceeding one thousand dollars.

If a 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 of correction" to the owner of operator ofthe facility of any 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 of when,

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. If no previous notice of correction 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 of correction. The notice of correction must contain the same

information indicated above for a "technical assistance" visit notice of correction.

57 •

Program Description-WashingtOn Departmentof EcologyHazardous WasteProgram

Note: Each section designated by a capital Iettn is 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 number fills 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 work together to manage information

relating to the implementation ofRCRA. Both agencies use the Resource Conservation and

Recovery Information System (RCRIS) for the storage, tracking, and analysis of data 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

enforcement proceedings 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 of Understanding

(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 staff and 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 number to 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 Depanmentof EcologyHazardous 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 Report requirement, 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 waste reduction, and 4) assessment ofHazardous Waste

Generator Fees.

An annual report summary is written to analyze each year's data and for comparison to 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 of dangerous waste, and the Form 5 for receivers (TSDRs or

transporters, storers, disposers, or recyclers) of dangerous waste. These reports were originally

designed to track 'cradle to grave' manifest information and to answer questions about waste

movements between different sites. In later years 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. New Hazardous 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) of dangerous wastes. These new

forms were designed following an information needs analysis of data required 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

Program Description-WashingtOn DepartmentofEa:>logyHazMdousWaste Program

Note: Each section claiguated 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 of generators, 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. Other Important Data Systems

The HWTR Program maintains a number of other 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 of hundreds 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 of any 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 to jump from any point in the

system to any other point in the system in an endless chain.

When researching telephone inquiries from the regulated community, staffoften initially

60

ProgramDescription-WashingtonDepartmentof Ecology Hazardous WasteProgram

Note: £acb seclion designted by • capitall"",,r is dated sep.rotdy. See Seelion Beadings ror most recent update.

'0

o
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•

•

searches Institutional Memory to see if, and how, Ecology staff has 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 an ACCESS database application to quantitatively track the

more important ofthese tasks on a monthly basis. Examples of data tracked in the Monthly

Report Database are: compliance workshops and number of attendees, pollution prevention

workshops and number of attendees, number ofvisits to facilities that must prepare Pollution .

Prevention plans, number of compliance-related technical assistance phone calls answered,

number ofpollution prevention-related technical assistance phone calls answered.

Data is entered into the system through Ecology's Wide Area Network; 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 (last update: 5/10/96)

Under the State Pollution Prevention Planning law, businesses that generate over a certain

amount of dangerous 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 of data and narrative content ofPollution Prevention Plans are

specified in guidance issued by Ecology.

HWTR has developed an ACCESS database application to record certain types of data contained

in Pollution Prevention plans and annual progress report; this data can then be analyzed in

numerous ways to assess the success of different 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 circuit board, and fiberglass

industry sectors.

·61

ProgramDescription- Washington Depanmentof EcologyHazardous WasteProgram

Note: Eachsection desigDated by. capital _ is dated separately. See Sectio. Headings for most receot update.
IV. Regulated Community Data Estimates , .

A. Number of Notifiers 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 of Waste Treated, Stored, and Disposed (last update: 5/10/96)

Data collected 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 Waste Program

Note: E.th section designated by • capital letter is dated separatdy. SeeSection HcacliDp for most recent update.

o

o
•

•

•

PERMITTED WASTE 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 of Washington 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 _ndesignated 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 administer Washington'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 either by

environmental media subject to 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 Southwest Regional 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. Prior to 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 their region.

o

64

ProgramDescription- WashingtOn Oopanment ofEcology Hazardous WISlCProgram

Note: Each section designated 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 Program has 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 enforcement activities 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 enforcement tasks, HWTR devotes considerable

resources to voluntary compliance with dangerous waste regulations. To promote voluntary

compliance, the Program maintains a full range of educational 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 Contact visits, 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 of Pollution Prevention and Toxies Reduction

HWTR promotes pollution prevention both through provisions in the Pollution Prevention

Planning law and through 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';hingtOl1Departmentof Ecology 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 of activities designed to promote pollution prevention. These include..

Conducting workshops addressing small business pollution prevention issues;

Developing pollution prevention written material, slide shows, etc.;

Providing speakers for public service groups, community action groups, etc.;

Supporting school curriculum development on pollution prevention;

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 of all

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-Know hotline 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 of new

Program policies and guidance; StatelEPA Performance Partnership (formerly SEA) planning 0

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

. 66.

ProgramDescription-WashingtOn Depanmenl of EcologyHazardous Waste Program

Note: Each section designated by • copitoJ lener 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 Section provides technical

assistance, regulatory interpretations, and information for incorporating pollution prevention into

. the operations of businesses 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 carried out 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 staff coordinate 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. Before a 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 Program that 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 staff coordinates

permit activities and write permits at selected TSD facilities.

b. Regional Sections Organization '

Ecology regional office staff has 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 staff are 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

Supervisor who 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 Departmentof EcologyHazardousWaste Program

Nolo: Eacb sectioo designated by • capital letter is 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 Section has 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 of a regional office at the Hanford Reservation.

While its primary focus is the Hanford Reservation, the Kennewick Office also has responsibility

for implementation ofthe 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 of EcologyHazardous WasteProgr2m

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

Senior Assistant

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

Nuclear Waste

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 of Ecology-

•

69

ProgramDescription- WashingtOn Departmentof EcologyHazardousWaste Program

Note: EachsectiODdesignated by a capital letter is dated separately. See SectiOD HcadiDp 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.

Sspv I OAS I

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 Departmentof EcologyHazardousWasteProgram

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 indirect rate 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 Cost Recovery 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 optimally match 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 Departmentof EcologyHazardOus 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 current non-core resources for possible reallocation to higher priority

new projects; f) developing detailed scoping of potential 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

Note: Each section designated by a eapilalletter is 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

Supercedes Policy 3-23, March, 1992

Primary Audience: Ecology staff and 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 offer technical 0 \

assistance and informal enforcement to help businesses understand and 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.

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 greater number 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 Depanment of 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 HWTR Program will provide a consistent approach in the implementation ofthe

hazardous waste regulations throughout the state.

•

•

HWTR Program staff are expected to treat persons subject to 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 Ecology entities (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 seek to maintain open communication with regulated persons. Timely and

open communication is one ofthe most effective means HWTR staff have 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 management problems.

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 of deadlines.

3. HWTR Program staff are encouraged to use all ofthe available methods to best achieve

voluntary compliance with regulatory requirements and assure protection of human

health and the environment.

(

Available methods include technical assistance, informal enforcement, formal enforcement, and

criminal referral.

75

ProgramDescription-WashingtOn Departmentof 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 provided by the HWTR

Program to explain regulatory requirements and help identify methods of achieving 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. First time visits to a business by HWTR Program staff will typically be treated as

technical assistance visits. On-site technical assistance visits may result in informal

enforcement actions being taken by the HWTR Program. Current agency policies implementing

Ch. 43.05 RCW will be employed to address circumstances where imminent threats 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 Chapter 43.05 RCW,

and a Notice ofDeficiency for hazardous waste permit applications.

o

Informal enforcement action will not result in penalties when a business operator completes

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 Significant Non-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 subject to criminal prosecution. The

HWTR Program may refer cases to the Criminal Investigation Division (joint EcologylEPA

office) for investigation and potential prosecution. HWTR Program staff do not conduct

criminal investigations. At the request ofthe Criminal Investigation Division, HWTR staffmay

participate as technical advisors in certain phases of criminal 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 of compliance with dangerous waste regulations.

HWTR Program staff are 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 Departmentof Ecology HazardousWastePrognm

Not.: Eocb section daipoted by 0 copitolletter is doled seporotely. See SectiOD HoodiDg> for most recent upcbt•.
•

•

•

Two classes ofviolators are recognized:

Significant Non-Compliers (SNC) - are those facilities which:

- have caused actual exposure, or a substantial likelihood of exposure, 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 of a permit, order,

agreement, or hazardous waste statutory or regulatory requirement.

The designation ofSignificant Non-Complier is intended to identify those facilitiesfor 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, of human 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 afforded the opportunity to achieve voluntary compliance within a

reasonable time period Penalties will not be assessed against secondary violators.

5. The HWTR Program 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 of threat to human health and the environment, the class of

violator, and the discretion factors listed below.

a. Discretion Factors

The HWTR Program uses discretion to 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 calculated through strict adherence to classification ofindividual

violations and the penalty matrix. Primary factors that enter into the use of discretion include:

Degree ofThreat 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 whenever possible. 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 sufficient to

cause a facility to be a SNC, particularly when the environmental media affected requires

. special protection (e.g., wetlands Or sources of underground drinking water). Potential routes of

exposure to the environment should include those to air, soil, surface and ground water.

History ofCompliance. Facilities may be found to be chronic or recalcitrant violators based

solely upon prior dangerous waste violations and actions taken by the violator to correct

identified problems. The degree ofdeviation from the purposes or requirements ofstatute,

regulations, permits, orders.or other agreement may be considered.

77'

:,

Program Description-Washington Departmentof EcologyHazardous 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 section managers will

evaluate available resources and make the decision on whether to pursue a penalty. When a

decision is made to forego assessment of a penalty because oflack ofresources, it will be

documented in the facility's enforcement file and the program manager will be informed. Staff

are expected to continue to attempt to 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 Regulated Community. 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 of a penalty.

Small Business 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 larger penalty 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 of a penalty when the SNC qualifies as a small business

and all ofthe following criteria are met:

- First Violation The business was not subject to 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 correct potential 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 .

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Note: Each section designated by a capitall.tter is elated separately. See Section Beadings for most reeent npclate.
•

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.violations and describes procedures for communication, negotiation, and time frames for return

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 of Penalty 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 of a 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 of Section 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 amount proposed 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 imminent threat to human health or the environment;

- Actions which significantly deviate from regulatory or statutory "requirementssuch that 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., exhibit potential 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 a repetition or continuation ofminor violations or non-compliance with

formal enforcement action in response to moderate violations.

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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 of an 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 of Penalty 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 of a 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 or within a specified time period, as necessary, to address Significant NonCompliers. When a Significant Non-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 violator to take a specified course of action 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:

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ProgramDesCription- WashingtOn Department of Ecology Hazardous Waste Program

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-Unilateral orders are issued without consultation with the violator. The conditions, time

periods, and other stipulations of a 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 subject to 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 environment will 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 of a response

will vary depending upon the type of action being taken by the HWTR Program. In general,

technical assistance and informal enforcement responses will be issued within 30 days ofthe

determination of a 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 of violation 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 which present an imminent threat to human health and the environment.

Whenever practical, 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.

Whenever practical, all formal enforcement actions should be issued within 90 days ofthe

determination of a violation (e.g., actual or imminent threat) 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 longer period to develop the appropriate formal enforcement response.

In these cases, up to 180 days will be allowed prior to 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

staff person 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.

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Program Description- WashingtOn DepanmentofEallogy Hazardous Waste Program

Nou: Eacb sectioo designated 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 of pollution prevention 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 support to those planners who are seriously working

toward implementation ofpollution prevention measures.

10. The HWTR Program 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 Program implements 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 HWTR Program to implement Corrective Action will emphasize a

cooperative approach with potentially liable persons. Agreed orders, consent decrees, and

unilateral actions will be employed, as necessary, consistent with existing policies and

procedures.

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Approved:

Megan White, P.E., Manager

Hazardous Waste and Toxics Reduction Program

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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, confer direct 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 (if quantifiable); and

3) There must be a relationship between the nature ofthe violation and the environmental

benefit sought through the proposal.

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Note: Eachsection designated by a eapitalJettu is dated separately. See Section Headings for most receot update.
Proposals that satisfy the three elements above must also conform to one or more ofthe

following four categories:

Pollution Prevention: A pollution prevention project is one that substantially reduces or

prevents the generation or creation of pollutants. These projects will often involve changing an

industrial process, substituting fuels and materials to prevent pollution, 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 designed to

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 of environmental 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 project was undertaken as part of a settlement to resolve

environmental violations. Public awareness materials developed as a result of an 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. .

o

o

1) Innovative settlements can be proposed by anyrespondent, however, they should be reserved

for respondents 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 manner once they are discovered.

84

ProgramDescription.WashingtonDepanmentof EcologyHazardousWasteProgrmn

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•

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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 greater benefits to the public than to the respondent. An example would be a

pollution prevention project that 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-profit agencies should not

be considered a charitable contribution or business expense for purposes of computing corporate

business and/or income taxes.

5) Tax benefits can be allowed for capital improvement projects that are dependent on

depreciation and the use of other 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 of a market advantage. The credit

given for an Ecology approved pollution 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 contractor must 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 of any penalty.

• v. Settlement Procedures

The following procedures apply to all settlements whether innovative or traditional.

85

Program Description-WashingtOn Departmentof EcologyHazardousWasteProgram

Note: Each section designated by a capitallettu is dated separately. See Section Headings for mosl.-at update.
,

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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. If negotiations break down 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 of negotiation, 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 staff person 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 settlement process.

Once a case is appealed, the AG's Office becomes the primary point of contact between the

parties. This means that settlement decisions must be 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

ProgrmnDescription-WashingtOn Departmentof EcologyHazardous Waste.Ptogram

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent npdate.

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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, settlement position and case

weaknesses and strengths. Provide the AAG advance notice ofproposed settlement negotiations,

(three weeks should be adequate). Be prepared to postpone negotiations ifthe AAG is

unavailable or wants to conduct prehearing discovery before settlement negotiations 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 if they 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 request that the appeal be dismissed.

VI. Resources

Oversight for an innovative settlement can require a lot of your 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 contained in this document isfor Ecology staffand is not

intended and cannot be relied upon to create any rights, substantive or procedural, enforceable

by any party in litigation with Ecology.

87

Progmn Description.WashingtonDepartmentof EcologyHazardous Wast. Program

Note: Each_aD dosigaated by a eapitalletter i, dated ,eparately. See SeetiaD HeadiDgs 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:

If you 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 Hazardous WasteProgram

Note: Eadl sediOD desigaatecl by • capilJllletter i. elaled separately. See SecliODH...diDgI for mosl .......1 Dpdate.
•

SITE NAME: 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

Wastes r.C~~~:·;,';f:j~~ii:~~~fg~~~~~1~~i~~~~J~~~~~~~~~~~~~~;i~ 12 Used Oil Burned for Energy -515 30 Requirements for generators of dangerous -170(1)(a)

waste

13 Use/Mgmt,ofContainers -630 31 Requirements for accumulating dangerous -200(xx)(xx)

waste on-site

14 - Condition of containers -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 - Container handling -630(5)(b) 34

18 - Weekly Inspections -630(6) 35

19 - Secondary Containment -630(7) 36

Reminder: Ecology will provide a copy ofthe text ofregulationsfor which VIOlationsare cited.

QUESTIONS. CONCERNS. COMMENTS

ECOLOOY WILL:

OWNER/OPERATOR WILL:

89

ProgramDescription,WashingtOn Departmentof EcologyHazardous WasteProgram

Note: Each section designated by a capitalleller is dated sepanldy. See Section Headings for most recent update.

I to,;

I,
SITE NAME: 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 back ofthis page.

Return Completed Form or Request/or Extension -- Upon completion of all 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 Contact by XXX XX, 199X. Ecology will provide a written approval or denial of your 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 of deficiency for technical assistance visits or a notice of correction for other site visits

as provided for in the Washington State Law "Implementing Regulatory Reform" ,Chapter 403, Laws of 1995.

PHONE LEITER

SAMPLES TAKEN: Yes / No

STEP-BY-STEP

FOLLOW-UP BY ECOLOGY:

PHOTOS TAKEN: Yes / No

DOCUMENTS LEFT: REGULATIONS

ADDmONAL:

ASSISTANCElENFORCEMENT PROGRAMS EXPLAINED: YES/ No

TIMs

REVISIT NONE

SPLITS OFFERED: Yes / No

Focus SHEETS

If you have any questions about information in this Checklist, please call the Ecology Lead Contact. The Department of

Ecology is an equal opportunity agency. If you 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

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ProgramDescription-WashingtonDepanmenlof EcologyHazardous Waste Program

Note: Eacb sectiODdesignaled by a capital letter is dated sepanldy. See SoctiODBeadiDp for most """Dl Dpdate.
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Appendix 4

EPAlEcology Memorandum ofUnderstanding on the RCRA Information System (RCRIS)

RCRIS

MEMORANDUM

OF

UNDERSTANDING

BETWEEN

u.s. ENVIRONMENTAL PROTECTION AGENCY

REGION 10

AND

WASHINGTON DEPARThffiNT OF ECOLOGY

November 1990

91

ProgramDescription- WashingtOn Departmentof EcologyHazardous 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

Department ofEcology (Ecology)and EPA Region 10 (Region 10) regardingall components of

Resource Conservationand Recovery Act Information System(RCRIS). Thisincludes the

Implementorof Record (lOR) designation and the standardprotocols for systemoperation.

The purpose ofthe MOU is to define the terms and responsibilities for managingdata. RCRIS was

developedto provide an automated informationmanagementsystem for the storage, tracking,and

analysisof data relating to state and federal hazardouswaste programactivities. The system is

designedto provide informationneeded to supportEcology and Region 10 in implementing the

Resource Conservationand Recovery Act (RCRA), as well as informationneededby Region 10

and EPA Headquartersfor their oversight functions.

As a result ofco-implementation ofthe RCRA program, both Ecology and Region 10will maintain

separateRCRIS implementerdata bases. When merging the informationfrom these two data bases,

it is necessaryto ensure the integrity ofthe data generatedby either Agency by designating which

Agencywill be 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 designationwill be assigned to all RCRIS data elements.The agencyresponsible

for the work, ownsthe data, and is the lOR for that data. These assignments will be 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

Consistentwith National EPA/State Data Managementgoals, Region 10will act as an

advocate for State-requestedenhancementsto RCRIS. Region 10 willsharewith Ecology

any technical informationon proposed changes to RCRIS. Changesto the data entry,

transfer, and retrieval procedures will be quickly communicated and followed by additional

guidance, ifnecessary. Through the State EPA Agreement(SEA)workplan, fundingfor

staffing, operating costs, and training for Ecology will be part ofthe yearly grant.

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Note: Each section designated by • capital letter is dated separately. Sec Seelion Beadings for most recent npdate.

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2.

3.

. Data Entry and Quality

Ecology is considered a "Full RCRIS User" because RCRIS will be their principle

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 meet the responsibility for

data quality, timeliness, and accuracy and is responsible for overall system administration.

A Region 10 PO will have similar responsibilities. 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, of any changes or modifications.

•

Region 10 and Ecology will appoint a Data Base Administrator (DBA) to implement the 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, lOR basic principles, merging ofstate and federal RCRIS data bases, changes

to data base records, quality assurance/quality control ofthe data, distribution of upgrades and

enhancements ofthe RCRIS software, and other policies affecting the responsibility for data

elements.

4. Implementor ofRecord -- Data Integrity

For each data segment for which Ecology is the lOR, Region 10 agrees not to add new data,

change, or delete existing data in the Region 10 regional consolidated data base without the

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 of blocks to be assigned to only one lOR. For

example, data submitted on a Notification Form 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 ofIOR responsibilities 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. WashingtOn Department 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 data element. o

(d) Permitting unit groups will be jointly 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) for joint permitting authority. Upon demonstration that Ecology

has appropriate data collection in place to report joint permitting activities, Ecology

will be designated lOR for joint permitting.

(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 authorized to administer the Hazardous and Solid Waste Amendments

(HSWA), Ecology will assume lOR responsibilities 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

HANDLER 2

HANDLER 2

HANDLER 2

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 HANDLER 2 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 HANDLER 2 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 element PERMIT-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.

R
PERMITIING 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 data element 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 element EVENT 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 implementer actions S

Event RA = P (other/voluntary) CA EPA implementer actions 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-year strategy, 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" element be 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, over Part 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.
over Notification 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 data base. 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 that the 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 must be formally

established in order to expeditiously resolve any conflicts that may arise between the two

Agencies regarding the value/content ofthe data in RCRIS. Therefore, Ecology and Region

10 agree to assume responsibility for reviewing the exception reports generated during the

merge process, as well as any other tools 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 resolution procedures.

Ecology and Region 10 agree that disputes should be resolved at stafflevel whenever

possible. Once elements in dispute have been identified, the PO will contact his/her

counterpart, either by telephone or in writing, within five days, to discuss the data in

question. IfEcology and Region 10 Project Officers cannot resolve 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 of all disputes

will not exceed 45 days. While the dispute is being resolved, the lOR hierarchy 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 of data 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. IfEcology and Region 10

mutually determine that the procedures prove inadequate for the ongoing operation of

RCRIS, then Ecology .and Region 10 agree to revise the procedures.

Information Sharing

-- - - ------------ --- ---- --~------ - - --- 96-- -

o

ProgramDescription-Washingron Departmentof EcologyHazardousWasteProgram

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 of data. Post-conversion clean-up activities will be

coordinated between the two agencies as inaccuracies in the data are identified. Data that

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 support program 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 Oversight Role

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 incorporated by 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

Program Description-WashingtOn Department of Ecology Hazardous Waste Program

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 either party 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 subject to 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

Chuck Findley, 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 Department of 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 was jeopardizing our authorization of our 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 enforcement we will

take. However, you should be aware ofwhat this means to implementation of

field visits. The HWTRProgram has two major types ofvisits, which we provide

to our clients. Visits aimed at complying with the Dangerous Waste regulations

and visits aimed at providing 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 prior to entering the business.

Dangerous Waste Compliance Visits

Our Dangerous 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 of authorization, 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

whether these 'criteria have completely been met. We have rarely issued an

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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 ofthe technical assistance law.

We need to 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 criteria used. Obviously, we

should not call our Dangerous Waste visits "technical assistance visits", and

documentation resulting from such visits should not reference this law.

Business Assistance Visits

Pollution prevention visits stem from a state law RCW 70.95, which is not

associated with a federally delegated program. Our program 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 criteria where 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 constrained by 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

"Pollution Prevention Visits" as "Technical Assistance Visits", since that may

confuse a few well-informed businesses. Should such a business 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.

Other Field Visit Types

Our program 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 clear prior to undertaking such a visit. Ifthe intent is

to provide assistance under RCW 70.95, we will perform these as Business

Assistance visits. All staff are eligible to perform business assistance visits, not

just Toxics 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.

\ oI
The Application ofRCW 43.05 (HB 1010) to our Work

February 5, 1998

Page 3

Requested RCW 43.05 Visits

We should go ahead and conduct requested visits if:

1. Requested in advance; and,

2. We agree they are appropriate/make sense/aren't a problem 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 of each, and then let

businesses decide for themselves.

If you 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

\02...

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o
• 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 of actions 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 were jeopardizing 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'Waste Program and seven Air

Quality Programs (Title 5, Maximum-achievable-control technical standards, national

emission standards, state implementation plans, 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 of our 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 consider the criteria mentioned in RCW 43.05.050 and .070

when considering whether an enforcement action appropriate. These criteria are:

• The violation was a condition of a 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 a probability of causing more than minor environmental harm

• There exists a probability of causing 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 affected program may want to review the implementation issues of our 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 wish to clarify that it is Ecology's intent to not change our

basic,a.piW~ach;·t()reHl'oi;idi..ieiit. The common-sense approach should be fOllowed to . .,_ _."._ • v' ,.' _,_ -" __,. "'~" ,,_•..._ '"..... _ " ;... ... ¥ ....

allow us to use our limited enforcement resources in the most environmentally effective

fashion. We have been impressed with Ecology staff 's use of enforcement 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 letter is to notify you that the HWTR Program intends to update the

Compliance Assurance Policy (CAP), dated June 19, 1997, during FY 1999. This is in

accordance with my earlier memo entitled, "The Application ofRCW 43.05 (HB1010) to

our Work," and a second memo to Ecology Field Stafffrom four Program Managers

entitled, "Conflicts between Federally Delegated/Authorized Programs and Regulatory

Reform/RCW 43.05 (HBI010)." Both memos are dated February 5, 1998.

The purpose ofthe earlier memorandums was to let staff know that certain sections of

Chapter 43.05 RCW, Technical Assistance Programs, had become inoperative due to

conflicts with federal law where EPA did not consider Ecology 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

\05

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