# • • •
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 ofthe 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 . St t t t t th t b I . h I F dIS I d fi . . erms appear In a e s a u es, 

### er mus e at east as stringent as t e ana 020US e era tatutory or reau atorv e inition. Disposal 70.105.130,70.105.145 \ 70.1**05D.030(~** (J ') 

## Ld 1fYes *Citation added for HSW A 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 (See

### 40 CFR §271.91 Authority for: 70.105.130,70.105.145 

### 1. HW characteristics 70.1**05D.030~** 

### (J)u,

## Y Yes *Citationadded for 

### HSWA authority 2. HWlist , II II 

### STANDARDS FOR GENERATORS [See 40 CFR §271.10) Th 

### St t 

### ds th e au th it t 0 reau a e a

### II tEPA rezu a es un 

### der 

### 40 CFR P e a e nee 

### oruy 

### I t 2enera ors I t art 

### 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 ofappropriate containers 6. Furnishing information 7. Use ofmanifest consistent with DOT and EPA 70.105.130,**7~05.145**

### 70.105D.030~**,*(()~**

# ,*"

II

.

II

II

II

II 

### .

II *Citation added for 

### HSWA authority Yes

II

. II

II

II

(' 

### "



# n 'J8. 

### International " " 

### " "



### " 

### "
" " 

# • • • shipments 9. 

### Designation ofand 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. Consistency 

### with DOT regulations 70.105.130,**70.105.14~\** 70.1

### 05D.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 HSWAauthority
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 ofall 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 ofpermit applicants and permittees 70.105.130, 70.105.145

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

" "

" "



### " "

" 

### I'

" "



### " 

### "

PUBLIC PARTICIPATION

5Authority 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 ofall 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 ofand 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 proofno 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 ofbetween 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)*"

HSWA·CL.WPD [Electronic Version Created; 5/27/98] (Printed; 10/1/98]Statutory Elenlent RCRA rHSWAI Cite Coverage YIN State Cite Comment

2.' Authority to regulate the generation, transportation, treatment, storage and disposalof hazardous wasteproduced 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 ofno 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 (includingadditional 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 hazardouswaste. §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] 2 

# . 0 

# o o

# • • •

Statutory Element RCRA (HSWAI Cite Coverage YIN State Cite Comment

cause. Priortemporary delistings lapse if not madefinal 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 wastes generated. §3002 [Sec. 224] ,,** 

## " **State previously noted that it did nothave 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 anyhazardous waste.

. Land disposal includes, but is not

limited to, landfills, surface impoundments, waste piles,deep injection wells, landtreatment 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 §70IO(a) of ReRA applies. §3004(a)(6) [Sec. 208] ,,** 

## " **Statepreviously 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 of hazardous waste. However, if a State believes 

### .itneeds new authority to ban a wastefrom land disposal, we strongly recommend that the State seek the broad statutory authority described above. This recommendation is basedprimarily on §3004(g) of ReRA; Section 3004(g) requires EPA to decide whether toprohibit one or more methods of land disposalfor every listed or identified hazardous waste by 1990. Thus, unless a State has statutory authority to ban the land disposal of any such hazardous waste, it may need to amend its statute repeatedly as EPA decides the status of each waste. 3 HSWA.CLWPD [Electronic Version Created: 5/27/98] [Printed: 10/1/98)Statutory Element RCRA (HSWAI Cite Coverage YIN State Cite Comment 

## If

a 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] 

## " 

## "

2

### Authority 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 HSWA·CLWPD [Electronic Version Created: 5/27/98) [Printed: IO/Ji98) 

# n "-

.. 

# o o

# • • •

Statutory Element RCRA [HSWA] Cite Coverage YIN State Cite Comment C. Authority to promulgate regulations that minimize the landfilling ofcontainerized 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, ofthe 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 

## " "

3

### Authority 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) 100mg/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) 134mg/l (vii) selenium and/orcompounds (as Se) 100mg/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 1000mg/kg (F) solvents (G) dioxins 

## "



## "

"


## " " "



## "

"


## " "

6 HSWA·CL,WPD [Electronic Version Created: 5127198J [Printed: 1011 198J 

# n "-- ..' 

# o o

# • • •

Statutory Elennent RCRA IHSWAI Cite Coverage 

### YIN State Cite .Comment

F.

4 Authority to prohibitthe land disposal of anyhazardous 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. 20 I] 

### " 

## "

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 nothave 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 landdisposalofill!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 hazardouswasteprohibited from landdisposal. §3004(j) [Sec. 201] ,,** 

## " *

# * Statepreviously noted that it did nothave authority

12. Authority to prohibitthe use of waste oil or other materials contaminated withhazardous 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 promulgate standards 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 incompliance 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 whoproduce, bum, distribute, and marketfuel 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 activites described above. 8 HSWA·CL.WPD [Electronic Version Created: 5/27/98) [Printed:

\ / 

### "-- .' 

# o o

# • • •

Statutory Element RCRA [HSWA] Cite Coverage YIN State Cite Comment 16, Optional: Authority to exempt certainpetroleum cokecontaining hazardous wastefrom petroleum refining from regulation if it is to be burned forenergy 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 directaction 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] Thisprovision was on the original HSWA statutory checklist. However, EPA subsequently determined that Congress did not intend this provision to bepart of the authorization process and is, therefore, not delegable to States. This i s because authorizedState 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 StateAuthorization Manual (SAM)). States can createparallel cause of action viable in State courts, but to the extent that States do so, the State's cause of action cannot limit the availability of the Federal action.

,,** 

## " **State previously noted that it did not haveauthority 18. 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, eventhough the onlyunitreceiving a permit is a deep injection well.' (This authority maybe under a hazardous wasteor underground injection controlprogram 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 haveauthority 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 didnothave authority

20. Authority to assurethat permitting standards forunderground hazardous wastetanks, at a minimum, satisfy Section §9003, Subtitle I of RCRA', 42 USC 9003. §3004(w) [Sec. 207] ,,** 

## ." **Statepreviously noted thatit didnothave 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 didnothave authority

requirements are met.) 10 

# o 

# o HSWA-CL.WPD [Electronic Version Created: 5127/98) [Printed: 1 

# 0

# • • •

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] ,,** 

## " **Statepreviously 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 thefacility.is first required to obtain a permit, unless a Part B application and certification of compliance withapplicable 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 nothave 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 adopts optional authority in #25. 

# o 12 

# o HSWA·CL.WPD [Electronic Version Created: 5127/98] (Printed: 1011/98J 

# o

# • • •

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 therequirement to have a permitand (2) meet notice and permitapplication 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 nothave authority.

27. Optional: A. Authority to issue a one-year research development, and demonstration permitfor any hazardous wastetreatment facility which proposes an innovative and experimental hazardous waste treatmenttechnology or process not yet regulated. Permits may be renewed no morethan threetimes; no renewal mayexceed a year. 

### S. Authority to waiveor modify generalpermitapplication 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 ifnecessary to protecthealthand the environment. (Mandatory 

### ifState adopts R&Dpermitting authority). 28. Authority to require landfills, surfaceimpoundments, land treatment units, and piles that received wastesafterJuly 26, 1982 and which qualify forinterim 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 storinghazardous 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 migrateintogroundwater. RCRA (HSWA] Cite Coverage 

### YIN State Cite Comment ,,** 

## " **Statepreviously noted that it didnothave authority

§3005(i) [Sec. 243] ,,** 

## " **Statepreviously noted that it didnothave authority

§3005(j) [Sec. 215] ,,** 

## " **Statepreviously noted that it didnothave authority

§3005(j) [Sec. 215] 

## " ,,* *Citationadded for HSWA authority

14 HSWA-CL.WPD (Electronic Version Created: 5/27/98) (Printed: 1011/98] 

# .	 0 

# o o

# • • •

Statutory Element RCRA [HSWA] Cite 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 leastequivalent 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 

# If

cf)-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 HSWA·CL.WPD [Electronic Version Created: 5/21/98] [Printed: 10/1/98)Statutory Element RCRA [HSWAI Cite Coverage YIN State Cite Comment the §3004 standards. However, a' State must retain the authority to requireindividual permits if . necessary to protecthuman 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 currentregulations applicable to permitted wastepiles. §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 newpermitted 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] 

## " ,,* *Citationadded for HSWA authority



### 1"6 HSWA·CLWPD [Electronic Version Created: 5/27/98] [Printed: 10/1/98J 

# ()

"-.:.' ,/ 

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Statutory Element RCRA (HSWA] Cite Coverage 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] ,,** 

## " **Statepreviously 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 assessmentinformation available to the Agency for Toxic Substances and DiseaseRegistry. (See CERCLA § 104(i»
RCRA §§ 7002, 7003 and Others §3019(a) ,,** 

## " **Statepreviously noted that it did not haveauthority [Sec. 247]

§3019(b)(I) y Chapter 42.17 RCW [Sec. 247]

40. 12 o'ptional: Authority to grant ,,** RCWs **Statepreviously 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.)~
IlPotential requirement: Depending on the result of reports EPAis requiredto prepare under §3018(a), EPA may imposeregulations in the future addressinghazardous wastespassing through to a POTW. Suchregulations, 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 variances specifically authorized by statute, the HSWA allows EPA to develop regulations with variance provisionsor to makecase-by-case 17 HSWA·CL.WPD (Electronic Version Created: 5/27/98] [Printed: 10/1/98]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 carrierexercised due care when handling the work. §7002(g), §7003(a) ,,** 

### " **Statepreviously noted that it did nothave 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 overradioactive 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 only source, special nuclear, or byproductmaterial is excluded from their hazardous wastejurisdiction. 18 HSWA·CL.WPD [Electronic Version Created: 5/27/98] [Printed: 1011/98)



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