Note- • This checklist is provided to show where statutory changes • have taken place since the checklist was first submitted. Changes • are 

marked with an asterisk (*). An explanation of the change can be found in the Attorney General's Statement. . , 

Washington State Department of Ecology 

Legislation Checklist 

Title(s) of State Legislation: chapter 70.105 RCW Date Enacted: 1998 

chapter 70.l05D.030§.!ft*: ( I') L.l'j Date Enacted: 1997 

chapter 42.17 RCW Date Enacted: 1997 

Coverage State Cite Comment Yes/No? 

DEFINITIONS
 

The State needs the authority to define the following terms in a manner at least as stringent as the Federal program. If definitions of these 

't erms appear In . St t t t t th t b I . h I F a e s a u es, er mus e at east as stringent as t e ana 020US e dIS era tatutory or reau I d fi . . atorv e inition. 

Disposal 70.105.130,70.105.145 \ 

70.105D.030(~ (J') Ld 1fYes *Citation added for HSWA authority 

Generator " <, " 

Hazardous waste * " " 

Manifest " " 

Person " " 

Storage " " 

Transport " " 

Treatment " " 

Treatment, Storage or 

Disposal facility 

,­

" " 

Waste (solid) " " 
1< Note that the State must have authority to regulate the recycling and reuse of hazardous waste in a manner at least as stringent as the 

Federal program does. 

HAZARDOUS WASTE IDENTIFICATION AND LISTING (See40 CFR §271.91 

Authority for: 

70.105.130,70.105.145 

1. HW characteristics 70.105D.030~ (J)u,Y Yes *Citationadded for HSWA authority 

2. HWlist , II II 

STANDARDS FOR GENERATORS [See 40 CFR §271.10) 

Th	 e St t a e nee ds th e auth it oruy t0 reau I a e a t II 2enera tEPA ors rezu Ia es un t	 der 40 CFR Part 262. Authority to 

promulgate regulations 

on: 

l.	 LD. numbers 

2.	 Requiring generator 

to determine whether 

waste is hazardous 

3.	 Recordkeeping 

. practices 

4.	 Packaging, labeling, 

marking and 

placarding practices 

5.	 Use of appropriate 

containers 

6.	 Furnishing 

information 

7.	 Use of manifest 

consistent with DOT 

and EPA 

70.105.130, 7~05.145

70.105D.030~ ,*(()~,*" II	 . 

II 

II 

II 

II . 

II 

Yes *Citation added for HSWA authority

II 

. II 

II 

II 

(' 

" 

n
 

'J 
8.	 International " " 

" " 

" " 

" "	 

• •
 •

shipments 

9.	 Designation of and 

delivery to permitted 

facilities 

10.	 Investigation of 

unreturned shipments 

II. Submission of 

reports 

STANDARDS FOR TRANSPORTERS [See 40 CFR §271.1l] 

th oruy regu a e a	 regu a es un t 263 

Authority to 

promulgate regulations 

on: 

The Sta e nee t ds th e au it t0 I tiltransporters EPA I t der 40 CFR Par . 

1.	 J.D. numbers 

2.	 Recordkeeping 

3. Labeling 

4.	 Compliancewith 

manifest system 

5.	 Spill notification 

6.	 Spill clean-up 

7.	 Transportation to 

permitted facility 

8.	 Consistencywith 

DOT regulations 

70.105.130, 70.105.14~\

70.105D.030~(t''lA' 1f- Yes *Citation added for HSWA authority 

" " 

" " 

" 

" 

" 

" 

" " 

" 

" 

. " 

" 

" 

" 

3 
STANDARDS FOR HW STORAGE, TREATMENT, AND DISPOSAL FACILITIES [See 40 CFR 271.12J 

The State needs the authority to regulate all of the owners and operators of hazardous waste management facilities whom EPA 

rezulates, 

Authority to 

promulgate regulations 

on: 

I.. 1.0. numbers 70.105:130, 70.105j\t~~ 70.105D.030(d1"" (j . Yes *Citation added for HSWA authority 

2. Recordkeeping " " 

3. Reporting " " 

4. Monitoring " " 

5. Inspecting " " 

6. Compliance with 

manifest system 

" " 

7. Operating methods " " 

8. Location, design, 

construction 

" " 

9. Contingency plans " " 

10. Training " " 

11. Ownership /I /I 

12. Closure and PostClosure activities 

/I /I 

13. Continuity of 

operation 

/I /I 

14. Financial 

responsibility 

" /I 

15. General conditions /I " 

(\

~)
•

(see 40 CFR 270.30) •	 • 

PERMITS FOR HW STORAGE, TREATMENT AND DISPOSAL FACILITIES [See 40 CFR §271.15 and 271.13] 

1.	 Require permits for 

owners and operators 

of all TSD facilities 

2.	 Impose construction 

ban 

3.	 Prohibit operation of 

facilities without 

permits (State may 

have an analogue to 

interim status) 

4.	 Require permit 

application 

information 

5.	 Require permits to 

contain all technical 

and administrative 

standards 

6.	 Provide for permit 

modifications and 

L termination 

(revocation) 

7.	 Allow public 

disclosure of name 

and address of permit 

applicants and 

permittees 

70.105.130, 70.105.145 

70.105D.03~(l)l~ .~ Yes *Citation added for HSWA authority 

" " 

" " 

" " 

" I' 

" " 

" " 

PUBLIC PARTICIPATION 

5 
Authority to provide: 

1. Draft permit, fact 

sheet, etc. 

70.105.130, 70: 105.145 

70.105D.030(d)* Yes *Citation added for HSWA authority 

2. Notice of all draft 

permits by radio 

broadcasts and 

notices in 

newspapers, etc. 

/I /I 

3. 45-day public 

comment period on 

all draft permits 

/I /I 

4. Informal hearing with 

written notice of 

opposition 

/I /I 

5. Consideration of and 

response to public 

comments 

/I /I 

INSPECTIONS
 

1. Right to enter, 70.105.130 Yes 

inspect and obtain 42 USC 6927 

samples (at all 

regulated premises 

and where records 

are kept) 

ENFORCEMENT [See 40 CFR 271.16J 

Authority to: 

1. Immediately restrain 

unauthorized activity 

70.105.095 

70.105.120 

Yes 

2. Sue to enjoin any 70.105.120 Yes 

o· o
•• 

threatened or 

continuing program 

violation without 

prior revocation of 

permit 

3.	 Obtain civil penalties 

for any violation 

(maximum no less 

than $10K per day) 

4.	 Obtain criminal 

penalties for specified 

maximum violations 

{no less than $1 OK 

per day and 

imprisonment with 

maximum no less 

than 6 months); 

burden of proof no 

greater than under 

Federal law 

5.	 Allow intervention 

(See 40 CFR 

271.16(d» 

MISCELLANEOUS . 

•
 

1.	 Authority to share all 

information with 

EPA 

2.	 Variance and waiver 

provisions 

3.	 Importation ban 

4.	 Exemptions 

7 

70.105.080 Yes 

70.105.090 Yes 

70.105.145 Yes 

•
 

chapter 42.17 RCW* Yes *Mistyped on previous checklist 

70.105.130*,70.105.145* 

70.1 05D.030C~{t) ur 

Yes* *Previously left blank 

70.105.130*,70.105.145* 

70. 105D.030C-r (I) (.1) f- Yes* *Previously left blank 

70.105.130*,70.105.145* 

70.105D.030<W(I) Cd') Yes* *Previously left blank 
5. Siting 70.105.130*,70.105.145* 

70.105 D.030~l\ ) (d)-r Yes" "Previously left blank 

-; 

-

o o
 

.' 
• • • 

Washington State Department of Ecology
 

Statutory Checklist
 

Hazardous and Solid Waste Amendments of 1984
 

Enacted: November 8, 1984
 

Public Law 98-616
 

Note- This checklist was originally submitted to EPA in 1985. It was reviewed for changes in August 1998. Changes to the original checklist are marked with an 

asterisk (*). Additions, where the State previously noted that it did not have authority, are marked with two asterisks (**). 

Titie(s) of State Legislation: chapter 70.105 RCW Hazardous Waste Management Date Enacted: 1997 

( L)(.d.") 

RCW 70.105D.030~Hazardous Waste Cleanup Model 

Toxics Control Act Date Enacted: 1997 

RCW 70.94.33l(2)(c) Washington Clean Air Act Date Enacted: 1997 

chapter 42.17 RCW Disclosure, Campaign Finances 

Lobbying, Records Date Enacted: 1997 

Statutory Element RCRA 

[HSWA] Cite 

Coverage 

YIN State Cite Comment 

RCRA §3001
 

I. Authority to regulate the 

generation, transportation, 

treatment, storage and disposal of 

hazardous waste produced by 

generators of between 100-1000 

kg/month. 

§3001(d) 

[Sec. 221] 

y' RCWs 

70.105.130 

70.105.145 

70.105D.030~(11

*Citation added for HSWA authority 

(d)*" 

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Statutory Elenlent RCRA 

rHSWAI Cite 

Coverage 

YIN State Cite Comment 

2.' Authority to regulate the 

generation, transportation, 

treatment, storage and disposalof 

hazardous waste produced by 

generators of less than 100 

kg/month. 

§3001(d) 

.[Sec. 221] 

" " 

3. Optional: Authority to allow 

generators of between 100-1000 

kg/mo to store hazardous wasteonsite for up to 180days without a 

pennit or interim status. On-site 

storage of no morethan 6,000 kgs 

may occur for up to 270 days 

without a permit or interimstatus if 

the generator must ship or haul the 

waste over 200 miles. 

§3001(d) 

[Sec. 221] 

" .. " 

4. Required if a State has a delisting 

mechanism: in any delisting action, 

authority to considerfactors 

(including additional constituents) 

other than those for'which the . . waste was listed;if the State has a 

reasonable basis to believethat 

such additional factors couldcause 

the waste to be a hazardous waste. 

§3001(f)(I) 

[Sec. 222] 

, 

" " 

5. Required if State has delisting 

authority: State may not allownew 

temporary delistings withoutprior 

notice and comment, absent good 

§3001(f)(2) 

[Sec. 222] " " 

'Potential requirement 

HSWA·CL.WPD [Electronic Version Created: 5/27/98) [Printed: 1011/98] 

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• • • 

Statutory Element RCRA 

(HSWAI Cite 

Coverage 

YIN State Cite Comment 

cause. Prior temporary delistings 

lapse if not made final by 

November 8, 1986. 

RCRA §3002 

6.	 Authority to require generators to 

submit reports and manifest 

certifications regarding efforts 

taken to minimize the amounts and 

toxicity of wastesgenerated. 

§3002 

[Sec. 224] ,,** " 

**State previously noted that it did not have authority 

RCRA §3004
 

7.	 Authority to promulgate rules 

requiring evidence of financial 

responsibility for corrective action 

on and off-site. 

8.	 Authority to prohibit the land 

disposal of any hazardous waste. 

. Land disposal includes, but is not
 

limited to, landfills, surface
 

impoundments, waste piles,deep
 

injection wells, land treatment
 

facilities, salt dome and bed
 

formations and underground mines
 

or caves. Deep injection well
 

means a well used for the
 

underground injection of hazardous
 

wastesother than a well to which
 

§70I O(a) of ReRA applies.
 

§3004(a)(6) 

[Sec. 208] 

,,** 

" 

**State previously noted that it did not haveauthority 

§3004(b)-(g) 

[Sec. 201] 

" ,,* *New citations consistent with State's authority to 

implement HSWA 

EPA believes that States already have this authority through their authority to regulate the treatment, storage and disposal ofhazardous waste. 

However, ifa State believes .itneeds new authority to ban a waste from land disposal, we strongly recommend that the State seek the broad statutory 

authority described above. This recommendation is basedprimarily on §3004(g) ofReRA; Section 3004(g) requires EPA to decide whether to prohibit 

one or more methods ofland disposal for every listed or identified hazardous waste by 1990. Thus, unless a State has statutory authority to ban the 

land disposal ofany such hazardous waste, it may need to amend its statute repeatedly as EPA decides the status ofeach waste. 

3 

HSWA.CLWPD [Electronic Version Created: 5/27/98] [Printed: 10/1/98) 
Statutory Element RCRA 

(HSWAI Cite 

Coverage 

YIN State Cite Comment 

Ifa State decides not to seek or cannot obtain such broad authority, thefollowing list breaks down the various HSWA provisions relating to land 

disposal bans that States will need to adopt: 

A.2 Authority to prohibit the disposal 

of any hazardous waste in salt 

dome and bed formations, 

underground mines, or caves until a 

§3005(c) permit is issued. In 

addition, authority to prohibit 

disposal of any bulk liquid 

hazardous waste in salt dome and 

bed formations, underground 

mines, or caves until (1) it is 

determined, after noticc and 

opportunity for hearings on the 

record in the affected area, that 

such a placementis protectiveof 

health and the environment and (2) 

performanceand permitting 

standards for such facilities are 

adopted. 

B.	 Authority to prohibit landfillingof 

bulk or non-containerized liquid 

hazardous waste, 

§3004(b) 

[Sec. 20 I] 

" " 

§3004(c) 

[Sec. 201] 

" " 

2Authority over bulk liquid hazardous waste may be under a hazardous waste or underground injection control program as long 

as all RCRA requirements are met. 

4 

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• • • 

Statutory Element RCRA 

[HSWA] Cite 

Coverage 

YIN State Cite Comment 

C. Authority to promulgate 

regulations that minimize the 

landfilling of containerized liquid 

hazardous wastes and free liquids 

in containerized hazardous wastes, 

and prohibit the landfilling of 

liquids absorbed in materials that 

biodegrade or release liquids when 

compressed. 

E. 3 Authority to prohibit the land 

disposal, including underground 

injection into deep injection wells, 

of the following wastes (including 

the authority to set more stringent 

concentration levels for categories 

A-E): 

(A) Liquid hazardous wastes, 

including free liquids associated 

with any solid or sludge, containing 

free cyanides at concentrations 

greater than or equal to 1000 mg/1. 

§3004(c) 

[Sec. 201] 

§3004(d), (e), 

(f) 

[Sec. 20 I] 

" 

" 

" 

" 

" 

" 

(8) Liquid hazardous wastes, 

. including free liquids associated 

with any solid or sludge, containing 

the following metals (or elements) . 

at concentrations greater than or 

equal to those specified below: 

(i) arsenic and/or compounds (as 

As) 500 mg/I 

" " 

3Authority regarding deep injection wells may be under the State's hazardous waste authority or its underground injection 

control authority as long as all RCRA requirements are met. 

5 HSWA-CL.WPD [Electronic Version Created: 5/21198J [Printed: 10/1/98) 
Statutory Elenlent RCRA 

IHSWAJ Cite 

Coverage 

YIN State Cite Comment 

(ii) cadmium and/orcompounds 

(as Cd) 100 mg/I 

(iii) chromium VI and/or 

compounds (as Cr VI) 500 mg/I 

(iv) lead and/orcompounds (as 

Pb) 500 mg/I 

(v) mercury and/or compounds (as 

Hg) 20 mg/I 

(vi) nickel and/orcompounds (as 

Ni) 134 mg/l 

(vii) selenium and/orcompounds 

(as Se) 100 mg/I 

(viii) thallium and/orcompounds 

(as Th) 130mg/I 

(C) Liquid hazardous waste having 

a pH less than or equal to two 

(2.0) 

(D) Liquid hazardous wastes 

containing polychlorinated 

biphenyls at concentrations greater 

than or equal to 50 ppm. 

(E) Hazardous wastescontaining 

halogenated organic compounds in 

total concentration greater than or 

equal to 1000 mg/kg 

(F) solvents 

(G) dioxins 

" 

" 

" 

" 

" 

" 

" 

" 

" 

" 

6 

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• • • 

Statutory Elennent RCRA 

IHSWAI Cite 

Coverage 

YIN State Cite .Comment 

F.4 Authority to prohibitthe land 

disposal of any hazardous waste 

which is prohibited from land 

disposal under §3004(g)of RCRA 

§3004(g) 

[Sec, 20 I] " ...." 

" 

9, Optional: Authority to waiveuntil 

November 8, 1987, a prohibition 

on landdisposal of certain 

hazardous wastes ( i.e., those 

designated in # 10Eabove) that 

mightotherwise apply to the 

disposal of contaminated soil or 

debris from CERCLA § 104or 

§ I06 actions or RCRA corrective 

actions. 

§3004 

[Sec. 20I] 

" " 

10.5 Authority to prohibitdisposal of 

nonhazardous liquids in Subtitle C 

landfills unless (I) the only 

reasonable alternative is disposal in 

a landfill or unlined impoundment, 

whetheror not subjectto Subtitle 

C, that contains or maycontain. 

hazardous wasteand (2) disposal 

will not endanger an underground 

sourceof drinking water. 

§3004(c)(3) 

[Sec. 201] 

,,** " **State previously notedthat it did not have authority 

4Because of legal problemswith incorporating future EPA regulations by reference, States pursuingthis optionshouldseekonly the authority 

to ban wastesprohibited by EPA rather than seeking to incorporate by reference any EPA land disposalprohibition. As discussed above, we advise 

states to seek authority to ban the landdisposalof ill!Y hazardous waste, However, somestates may wish to seek authority to ban landdisposal of only 

those hazardous wastes for whichthe EPA has prohibited landdisposal. 

5States shouldparticularly note this requirement. SincemanyState statuespertain only to hazardous waste, States are likely to neednew 

authority to regulate the disposal of nonhazardous waste at SubtitleC facilities. 

7 

HSWA·CLWPD (Electronic Version Created: 5/27/98) [Printed: 10/1/98) 
Statutory Ele~ent RCRA 

[HSWA] Cite 

Coverage 

YIN State Cite Comment 

II. Authority to prohibit the storage of 

hazardouswaste prohibited from 

landdisposal. 

§3004(j) 

[Sec. 201] 

,,** " *

*Statepreviously noted that it did not have authority 

12. Authority to prohibitthe use of 

waste oil or other materials 

contaminated with hazardous 

wastes (except ignitable wastes) as 

a dust suppressant. 

§3004(1) 

[Sec. 20 I] 

" ,,* *New citations consistent with State's authority to 

implement HSWA 

13. Authority to promulgatestandards 

specifying levels or methods of 

treatment, if any, which 

substantially diminish the toxicity 

of the waste or substantially reduce 

the likelihood of its migration so as 

to minimize threats to human health 

and the environment. 

Optional for #13: Authority to 

exempt wastes in compliance with 

such levelsor methods from the 

land disposal prohibitions. 

§3004(m) 

[Sec. 20 I] 

" 

" 

" 

" 

14. Authority to promulgate rules for 

monitoring and controlling air 

emissions at treatment, storage, and 

disposal facilities. 

§3004(n) 

[Sec. 201] 

Y RCW 

70.94.331(2)(c) 

15.6 Authority to regulate fuel §3004(q)-(s) y** RCWs **State previously noted that it didnot haveauthority 

containing hazardous waste and all 

persons who produce, bum, 

distribute, and market fuel 

contairiing hazardous wastes. 

[Sec. 204] 70.105.130 

70.105.145 

70.105D.030(~(I~ J;r 

6States shouldnot neednew authority over fuel containing hazardous waste but may needadditional authority oversomeof the persons or 

activitesdescribed above. 

8 HSWA·CL.WPD [Electronic Version Created: 5/27/98) [Printed: 

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Statutory Element RCRA 

[HSWA] Cite 

Coverage 

YIN State Cite Comment 

16, Optional: Authority to exempt 

certainpetroleum cokecontaining 

hazardous waste from petroleum 

refining from regulation if it is to 

be burned for energy recovery 

unless the cokeexhibits a 

characteristic of hazardous waste. 

§3004(q)(2)(A) 

[Sec. 204] 

" ,,* 

, 

*New citations consistent with State's authority to 

implement HSWA 

17, Authority to allow direct action 

against the insuror or corporate 

guarantorif an owner/operator is in 

bankruptcy or reorganization. 

Optional: 

(A) Authority to allowan insuror to 

claim all rights and defenses 

available to the owner/operator. 

(8) Authority to limit insuror 

liabilityto the liability amount 

provided as evidence of financial 

responsibility and by contractual , , 

agreement unless the 

owner/operator acted in bad faith. 

§3004(t) 

[Sec. 205] 

This provision was on the original HSWA statutory checklist. However, EPA subsequently 

determined that Congress did not intend this provision to be part ofthe authorization 

process and is, therefore, not delegable to States. This is because authorized State law 

must operate in lieu ofthe Federal counterpart, and in this situation, EPA has determined 

that State law cannot have this effect (see the June 15,./992 Guidance document, Appendix 

N, addressing "Statutory (Nonchecklisted) Provisions" in the State Authorization Manual 

(SAM)). States can create parallel cause ofaction viable in State courts, but to the extent 

that States do so, the State's cause ofaction cannot limit the availability ofthe Federal 

action. 

,,** " 18. **State previously noted that it did not haveauthority

7 Authorityto assurethat permits 

issuedafter 11/8/84 require 

corrective action for releases of 

hazardous waste or constituents 

from any solid wastemanagement 

unit at a facility, regardless of when 

the waste was placedin the unit. 

§3004(u) 

'[Sec. 206] 

7Note: States must have authority to requirecorrective actionfor all solid wastemanagement units, even though the onlyunitreceiving a 

permit is a deep injection well.' (This authority maybe under a hazardous wasteor underground injection control program as longas all ReRA 

9 HSWA-CL.WPD [Electronic Version Created: 5127198) [Printed: 1011198) 
Statutory Element RCRA 

IHSWA] Cite 

Coverage 

YIN State Cite Comment 

19. Authority to require corrective 

action beyond a facility's boundary. 

Once EPA promulgates the 

regulations required by §3004(v), 

the state must have authority to 

include corrective action as a 

permitrequirement. 

Until then, a state may use 

corrective action orders as an 

alternative to imposing corrective 

action in a permit. Without some 

mechanism for requiring correction 

action beyond a facility's 

boundary, a state maynot issue a 

RCRA permit. 

§3004(v) 

[Sec. 207] 

,,** " **State previously noted thatit didnot have authority 

20. Authority to assurethat permitting 

standards forunderground 

hazardous waste tanks, at a 

minimum, satisfySection §9003, 

Subtitle I of RCRA', 42 USC 9003. 

§3004(w) 

[Sec. 207] 

,,** ." **Statepreviously noted thatit didnot have authority 

RCRA §3005
 

21. Optional: Authority to allow a 

facility to construct an approved 

TSCA facility for burning PCBs 

without first obtaining a RCRA 

permit. An owner/operator may 

file for a RCRA permitto bum 

hazardous waste afterconstruction 

or operationof such a facility has 

§3005(a)(3) 

[Sec. 211] 

,,** " **State previously noted that it didnot have authority 

requirements are met.) 

10 

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• • • 

Statutory Element RCRA 

[HSWAI Cite 

Coverage 

YIN State Cite Comment 

begun. 

22. Authority to review landdisposal . 

permitsevery fiveyears and to 

modify them as necessary to assure 

compliance with State's analogue 

to ReRA §§3004, 3005 and to take 

. into account improvements in 

technology. 

§3005(c)(3) 

[Sec. 212] 

,,** " **State previously noted that it did not haveauthority 

23. Authority to issuepermits 

containing anyconditions necessary 

to protecthuman health and 

environment. 

§3005(c)(3) 

[Sec. 212] 

" " 

24.8 Authority to determine that 

(i) for landdisposal facilities 

qualifying for interim status 

prior to 11/8/84,interim 

status terminates 11/8/85 

unless a Part B application 

and certification of 

compliance with applicable 

ground-water monitoring and 

financial responsibility 

requirements are submitted by 

11/8/85. 

§3005(c),(e) 

[Sec. 213] 

,,** " **State previously noted that it did not haveauthority. 

. 8Note that the state's analogue to interim status must terminate automatically in thesecases (whetherthe state's analogue is Part265 type 

standards or permits). If a State statute or regulation wouldrequire anytype of hearing to terminate the facility's operating authority, the State must 

amendits authority to deletethat requirement for these provisions. (Interim status as used heremeansthe state's analogue to Federal interimstatus.) 

11 HSWA-CLWPD [Electronic Version Created: 5127(98) [Printcd: 1011/98] 
Statutory Element RCRA 

IHSWAI Cite 

Coverage 

YIN State Cite Comment 

(ii)9 For landdisposal facilities in 

existence on the effective date 

of statutory or regulatory 

amendments underthe HSWA 

that require the facility to have 

a RCRA permit, interim status 

terminates 12 months after 

the facility.is first required to 

obtain a permit, unless a Part 

B application and certification 

of compliance with applicable 

ground-water monitoring and 

financial responsibility 

requirements are submitted 12 

months after the date the 

facility is first required to 

obtain a permit. 

§3005(c),(e) 

[Sec. 213] 

(cont'd) 

,,** " **Statepreviously noted thatit did not have authority 

(iii) Interim status terminates for. 

incinerator facilities by 

11/8/89unless the 

owner/operator submits a Part 

B application by 11/8/86. 

(iv) Interim status terminates for 

any facility other than a land 

disposal or an incineration 

facility by 1118/92 unless the 

owner/operator submits a Part 

B application by 11/8/88. 

§3005(c),(e) 

[Sec. 213] 

(cont'd) 

,,** 

,,** 

" 

" 

**Statepreviously noted that it didnothave authority 

**Statepreviously noted that it didnothave authority 

25. Optional: Authority to allow §3005(e) " " 

9Applicable if State adoptsoptional authority in #25. 

o 

12 

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• • • 

Statutory Element RCRA 

[HSWAJ Cite 

Coverage 

YIN State Cite Comment 

facilities to qualify for interim 

status if they (I) are in existence on 

the effective date of statutoryor 

regulatory changes that renderthe 

facility subject to the requirement 

to have a permitand (2) meet 

notice and permit application 

requirements. 

[Sec. 241] 

. 

26. Authority to require that facilities 

may not quality for interim status 

under the State's analogue to 

Section 3005(e) if theywere 

previously denied a Section 3005(c) 

permit or for which authority to 

operate has beenterminated. 

§3005(c),(e) 

[Sec. 213] 

,,** " **Statepreviously noted that it did not have authority. 

27. Optional: 

A. Authority to issue a one-year 

research development, and 

demonstration permitfor any 

hazardous waste treatment facility 

which proposes an innovative and 

experimental hazardous waste 

treatment technology or process not 

yet regulated. Permits may be 

renewed no morethan three times; 

no renewal mayexceed a year. 

S. Authority to waiveor modify 

generalpermit application and 

issuancerequirements for R&D 

permits, except for financial 

responsibility and public 

participationrequirements (RCRA 

§7004(b)(2». 

§3005(g) 

[Sec. 214] 

,,** 

,,** 

" 

" 

**Statepreviously noted that it did not haveauthority 

**Statepreviously noted that it did not haveauthority 

13 

HSWA·CL.WPD [Electronic Version Created: 5/27/98] [Printed: 10/1/98] 
Statutory Elentent 

C. Authority to terminate 

experimental activity if necessary 

to protecthealthand the 

environment. (Mandatory if State 

adopts R&D permitting authority). 

28.	 Authority to require landfills, 

surface impoundments, land 

treatment units, and piles that 

received wastesafterJuly 26, 1982 

and which qualify for interim status 

to comply with the groundwater 

monitoring, unsaturated zone 

monitoring and corrective action 

requirements applicable to new 

units at the timeof permitting. 

29.	 Authority to require interim status 

intpoundments to comply with the 

double liner, leachate collection and 

ground-water monitoring 

requirements applicable to new 

units or stop treating, receiving or 

storing hazardous wastes. 

30.	 Authority to impose anynecessary 

requirements (including double 

liners) on an existing surface 

impoundment to protecthealthand 

the environment afterdetermining 

that hazardous constituents are 

likely to migrateinto groundwater. 

RCRA 

(HSWA] Cite 

Coverage 

YIN State Cite Comment 

,,** " **State previously noted that it didnot have authority 

§3005(i) 

[Sec. 243] 

,,** " **State previously noted that it didnot have authority 

§3005(j) 

[Sec. 215] 

,,** " **Statepreviously noted that it didnot have authority 

§3005(j) 

[Sec. 215] 

" ,,* *Citationadded for HSWA authority 

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Statutory Element RCRA 

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Coverage 

YIN State Cite Comment 

31. Optional: Authority to modify the 

double liner, leachatecollection, 

and groundwater monitoring 

requirements for impoundments in 

§3005(j)(i) if prior to October I, 

1984, the owner/operator has 

entered into a consentdecree, order, 

or agreement with EPA or an 

authorized State which requires 

corrective action and provides 

protection of health and . 

environment at least equivalent to 

that in §3005G){1). 

§3005(j)(13) 

[Sec. 215] 

,,** " **Statepreviously noted that it did not haveauthority 

RCRA §3006 

32.	 Authorityto make information 

obtained.on treatment, storage,and 

disposal facilities available to the 

public in substantially the same 

mannerand to the same degree as if 

EPA were runningthe program. 

33.10 Authorityto promulgate special 

generator and transporterstandards 

for recycled hazardousused oil. 

34.	 Optional: Authorityto deem 

hazardous waste used oil recycling 

facilities to have a permit if they 

comply with the State's analogue to 

§3006(f) 

[Sec. 226] 

Y Chapter 42.17 RCW 

§3014(c) 

[Sec. 241] 

'. 

y** RCWs 

70.105.130 

70.105.145 

70.105D.030(jlf(/'

**Statepreviously noted that it did not haveauthority 

*Citation added for HSWA authority 

Ifcf)-r­

§3014(d) ,,** " **Statepreviously noted that it did not haveauthority . 

IOPotential requirement: EPA is planning to list used oil as a hazardous waste. Ifwe do so, states may need this authority. 

15 

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Statutory Element RCRA 

[HSWAI Cite 

Coverage 

YIN State Cite Comment 

the §3004 standards. However, a' 

State must retain the authority to 

require individual permits if . 

necessary to protect human health 

and the environment. 

-, RCRA §3015 

35. Authority to requirenew units, 

expansions and replacements of 

interim status waste piles to meet 

the requirements for a single liner 

and leachate collection system in 

current regulations applicable to 

permitted waste piles. 

§3015(a) 

[Sec. 243] 

" ,,* "Citarion added for HSWA authority 

36. Authority to require new units, 

expansions and replacement units 

at interim status landfillsand 

surface impoundments to meet the 

requirements for double liners and 

leachate collection systems 

applicableto new permitted 

landfills and surface 

impoundments. 

Optional: Facilities which comply 

in good faith need not retrofit at 

permit issuance unless the lineris 

leaking. 

§3015(b) 

[Sec. 243] 

" ,,* *Citation added for HSWA authority 

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YIN State Cite Comment 

RCRA §3018 

37.11 Authorityto regulate listed or 

identified wastes which pass 

through a sewer systemtoa 

publiclyowned treatmentworks 

(POTW) as necessary to adequately 

protect humanhealth and. 

environment. 

§3018(b) 

[Sec. 246] 

,,** " **State previously noted that it did not haveauthority 

RCRA §30l9 

38. Authority to require permit 

applicants for landfills or surface 

impoundments to submit exposure 

information. 

39. Authority to make exposure and 

health assessment information 

available to the Agency for Toxic 

Substances and Disease Registry. 

(See CERCLA §104(i» 

RCRA §§ 7002, 7003 and Others 

§3019(a) ,,** " **State previously noted that it did not have authority 

[Sec. 247] 

§3019(b)(I) y Chapter 42.17 RCW 

[Sec. 247] 

40.12 o'ptional: Authority to grant ,,** RCWs **State previously noted that it did not haveauthority 

variances and exemptions that are 

no less stringent than allowed by 

70.105.130 

70.10"5.145 *Citation added for HSWA authority 

Subtitle C of RCRA. 70.105D.030y.if(i ld.)~

IlPotentialrequirement: Depending on the result of reports EPAis requiredto prepare under §3018(a), EPA may impose regulations in the 

future addressinghazardous wastespassing through to a POTW. Such regulations, if adopted, may be under RCRA,the CleanWater Act or other 

authority, and mayor may not be a State programrequirement. 

. I2Yarious HSWA provisions amendRCRA to allowEPA --and the States if theywish --to grant variancesand exemptions. In additionto 

those variancesspecifically authorized by statute, the HSWA allows EPA to develop regulations with variance provisionsor to makecase-by-case 

17 

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Statutory Elennent RCRA 

IHSWAJ Cite 

Coverage 

YIN State Cite Comment 

41. Optional: Neitherthe State nor 

citizens may bring action against. 

common carriers for imminent 

hazards arising after delivery of the 

shipment to the consignee, provided 

the carrier exercised due care when 

handling the work. 

§7002(g), 

§7003(a) 

,,** " **Statepreviously noted that it did not have authority 

RCRA §I004 

42.13 Authority to regulate hazardous 

waste that is radioactive except to 

the extent that the waste is source, 

special nuclear, or byproduct 

material as definedby the Atomic 

Energy Act of 1954,as amended. 

(68 Stat. 923) 

§1004(27) " ,,* *New citations consistent with State's authority to 

implement HSWA 

variance decisions. Unless a state is absolutely sure that it will never wish to grant a variance or exemption, we strongly recommend states obtain the 

above authority. 

The States' varianceprocedures and decision criteriamust be no less stringentthan EPA's. 

13This is not a HSWA requirement. Untilrecently therehad been some controversy about the scopeof EPA's RCRA authority over radioactive 

waste. EPA has now determined that hazardous wastes are subjectto RCRA if they are mixedwith source, specialnuclear or byproduct material even 

though source,special nuclear, or byproductitself is not subjectto ReRA. Thus, States willneedto review their authority to ensurethat onlysource, 

special nuclear, or byproductmaterial is excluded from their hazardous wastejurisdiction. 

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