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JOHN"SPELLMAN Governor 

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## ;<a- NICHOLAS 0 LEWIS Chairman STATE Of WASHIf\lCTON 

### ENERGY FACILITY SITE EVALUATION COUNCIL Mall Stop**P~'-11** • Olympia. Washington**985()-~** • (:l(J6) -45'<-I:·-4'fO • (5C4.N)**585-6~9()**

June 14, 1983

Mr. DonaldW. Moos, Director WashingtonStateDepartmentofEcology Mail Stop PV-ll Olympia, WA 98504 DearMr. Moos: This letter is intended to respond to the U.S. Environmental Protection Agency's (EPA) request for an assurance that the Energy Facility Site Evaluation Council (EFSEC) agrees to this State's MemorandumofAgreement

### with EPA for interimauthorizationof thehazardouswasteprogramin Washington State. EFSEC agrees to abide with the terms and conditions of the enclosed Memorandum of Agreement between the State of Washington and EPA as said terms and conditions apply to our regulation of hazardous waste generation activity at energy facilities authorizedby an EFSEC

### sitecertification. Weexpect our participation in the program, for the foreseeable future, to continue to be limited to regulation ofthree Washington Public Power Supply System projects for which generator identification numbers have been obtained. As indicated in the enclosed letter, the Washington Public Power Supply System has already informed EPA ofits intentand actions tocomply withStateprogramrequirements. We will continue cooperative efforts in carrying out an interim authorized program and to accomplish actions necessary for Washington to achieve a fully equivalent program for subsequentfinalauthorizationofthe State'sprogram.

# ~~ icholas D. Lew is**~~""",-",-....c.._** e..-, Chairman NDL:se Enclosures

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### WashingtonPublic Power Supply System p.o. Box968 3000GeorgeWashingtonWay Richland,Washington99352 (509)372·5000 

### GOl-82-0416 July 2, 1982
William

## L. Fitch Energy Facility Sit MS-PV-ll 

### Olympia, Washington 98504 Dear Mr. Fitch: Council

# OO~@[UW[glID JUL06 1982 ENERGY FACILITY SITE EVALUATION 

### COUNCIL
Subject: WNP-l/4 DANGEROUS WASTE GENERATOR
The recently adopteddangerous wasteregulations (WAC 173-303) impose certain requirements on generators of hazardous wastes. From time to time, the various contractor activities on- the WNP-l construction site do generate dangerous wastes in sufficient quantity to fall within the scope of these regulations. The regulations are explicit (WAC 173-303-010(3)) in not superseding EFSEC's authority. We intend to fully comply with these regulations and expect that you will coordinate yourenforcement role with Ecology. Such coordination is especially important in this area because of the "crad1e-to-grave" uniform manifest system that is at the heart of controlling the disposal of dangerous wastes. We request that you issue us an identification number, and we have attached the appropriate forms to facilitate your coordination with Ecology and our inclusion in their record keeping. We have surveyed our activities and presently predict that there are three principal dangerous waste types: spent solvents, empty containers from any extremely hazardous materials, and unused paints and resin coatings which have exceeded their shelf life or partially empty containers of these coatings. It is our intent to have contractors responsible for proper disposal. It is further in our interest to have all wastes removed from the site within 90 days so that we will not fall under the scope of the regulations for storage facilities.-**--~._+----** ...



### Mr. William L. Fitch Page Two July 2, 1982 Dangerous Waste Generator

To facilitate your consideration of this matter, we have included the attached draft resolution. If we can assist you further in consideration of implementing these regulations, we are available at your convenience. Very truly yours,

# ~J;IJ.W. Shannon, Director Safety and Security


### smwp Enclosure

# •

•**ME~ORANDUI1** 

### OF AGREEHENT

The Energy Facility Site Evaluation Council (EFSEC) and the Washington State Department of Ecology (WDOE) agree as follows: 1. Purpose. There is a need to set forth the division of responsibilities of the parties for the purpose of assuring compliance by energy facilities, as defined in Chapter 80.50 RCW, with the federally approved dangerous waste management program of the State of Washington. This agreement sets forth the understanding of the parties as to their respective responsibilities and provides a basis for consistent and coordinated management and control of dangerous
was.tes . 2. On-site Regulation. This agreement pertains to on-site dangerous waste generation, transportation, treatment, storage, and disposal. For the purpose of this agreement, "on-site" means the project area described in the Certification Agreement as the project legal description. 3. EFSEC Rules Adoption. In order to provide procedural continuity and state implementation, EFSEC has adopted an emergency regulation (see, RCW 34.04.030) which adopts by reference, as an EFSEC regulation, the Department of Ecology Dangerous Waste Regulations, ch. 173-303 WAC. EPSEC and WDOE will cooperate in implementation of ch. 173-303 W7\C as adopted by EFSEC under the terms of this agreement. 4. Site Certifications. 7\11 certifications (defined at RCW 80.50.020(5)) issued by EPSEC under ch. 80.50 RCW to energy..'

facilities**~hall** require compliance with all substantive provisions of ch. 173-303 ''lAC which are identified in testimony, presented during contested case hearings before EFSEC, by WDOE witnesses as being applicable to the project. 5. Honitoring and Inspection. All construction and operational monitoring, and inspection of an energy facility for compliance with ch. 173-303 WAC shall be by contractual agreement between WDOE and EFSEC. 6. Enforcement. Violations of permit requirements applicable to energy facilities detected by \vDOE shall be reported to EFSEC, together with recommendations for enforcement action. EFSEC shall initiate action to secure compliance, including, but
not limited to, the assessment of penalties. Any notification

- ." pertaining to a violation, sudden or nonsudden accident, breakdown, or related matter shall be reported directly to EFSEC. Immediate enforcement action may be initiated by the .Chai rman, in emergency situations, subject to subsequent confirmation or modification by full Council. This Memorandum 7. Effective Date and Term of Agreement. of Agreement shall be effective upon approval of Interim Authorization for the State of Washington by the Administrator of the U.S. Environmental Protection Agency, or her delegate, pursuant to section 3006 of the Resource Conservation and Recovery Act of 1976.**Thi~** Agreement shall remain in effect for the duration of such authorization or until rescinded by

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### the parties. This Agreement may be modified from time to time as the parties may mutually decide in order to simplify the procedures and refine the methods as contained herein.



# • DEPARTI1I;NT OF ECOLOGY I

# ~~~~,.'J~(k~'~' nald Hoos Director

Date,

# .1ij~;~2 APPROVED AS TO FORM:

Charles K. Douthwaite Assistant Attorney General Department of Ecology for ENERGY FACILITY SITE EVALUATION COUNCIL ( 

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Nicholas D. Lewis '\ Chairman

Date 

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### Kevin Ryan( J 

### Assistant**~itorney** 

### General Energy Facility Site Evaluation Council

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### for•• l WSR 83-0t-127 "'-"'. WashingtonState Register. Issue 8
WSR 83-01-127 ADOPTED RULES ENERGYfACILITY SITE EVALUATIONCOUNCIL (Order 82-5-filed December 22. 19821 Be it resolved by the Energy Facility Site Evaluation Council. acting at Olympia. Washington. that it does adopt the annexed rules relating to: Ne

..· WAC 463-4()....{)IO Purpose. New WAC 463-4()....{)20 Coverage. New WAC 463-4()....{)30 Regulations. New WAC 463-4()....{)40 Monitoring and enforcement. This action is taken pursuantto Notice No. WSR S2- 22-040 filed with the code reviser on October 29. 1982. These rules shall take effect thirty days after they are filed with the code reviser 'purs'uant to RCW 34.04.040(2).

This rule is promulgated pursuant to RCW 80.50.040(I) whichdirects that the Energy Facility Site Evaluation Council has authority to implement the provisions ofchapter 80.50RCW. The undersigned hereby declares that the agency hascomplied with the provisions of the Open Public Meetings Act (chapter 42.30 RCW), the Administrative Procedure Act (chapter 34.04 RCW), and the State Register Act (chapter 34.08 RCW) in the adoption of these rules. APPROVED ANDADOPTED December 13. 1982. ByWilliam L. Fitch ExecutiveSecretary NEW SECTION

WAC 463-40-010 PURPOSE. The Energy Facility Site Evaluation Council, under authority invested in it bychapter 80.50RCW ischarged with thc responsibility ofadoptingrules sufficient to the protectionof the public and the environment from the effects of dangerous wastes generated at energy facilities subject to chapter 80.50 RCW. NEW SECTION WAC 463-40-020 COVERAGE. The provisions of this chapter shall apply state-wide for those generators ofdangerous wastes under thejurisdictionof the Energy Facility Site Evaluation Council. Certification Agreement. As a result of said monitoring activities. DOE shall report to the council any activity by a permitteewhich in itsjudgment requires the initiation ofappropriate enforcement activities by the council. The council shall then take or initiate action to enforce the terms of any Certification Agreement. This in no way shall restrict any enforcement byotherpublic agencies and officialsunder existing law. If DOE determines that immediate action is needed to enforce the Act or any statute or regulation derived therefrom. it shall report immediately to the Chairman who shall initiate such immediateenforcementaction as maybe necessary. Such action shall remain in effect until confirmed or modified by the council.

WSR83-0J-J28 ADOPTED RILES ENERGY FACILITY SITE EVALUA

### rtox COL"C1L [Order 82--6-Filed December 22. 1982} Be it resolved by the Energy Facility Site Evaluation Council, acting at Olympia. Washington, that it does adopt the annexed rules relating to: Amd WAC 463-42-135 Proposal-i-Legat descriptions and o"nership interes: Amd WAC 463-42-155 Proposal-Energv transmission systems. This action is takcn pursuant to**~otice** No. WSR 82- 22-041 filed with the code reviser on October 29. 1982. These rules shall trke effect thirty days after they are filed with the code reviser pursuant to RCW 34.04.040(2). This rule is promulgated pursuant to RCW 80.50.040(I) whichdirects that the Energy Facility Site Evaluation Council has authority to implement the provisions ofchapter 80.50 RCW. The undersigned hereby declares that the agency has

.complied with the provisions of the Open Public Meetings Act (chapter 42.30 RC\V). the Administrative Procedure Act (chapter 34.04 RCW). and the State Register Act (chapter 34.08 RC\\') in the adoption of these rules. APPROVED AND ADOPTED December 13. 19X2. ByWilliam L. Fitch ExecuriveSecretary AME:"JDATORY SECTIO\: (Amending Order 81-5. filed 10/8/82) WAC 4td-42--13S PROPUS:\I.--LEGAL DESCRIPTIONS A:'\D OWNERSHIP ',\;TERESTS. 

### ill Principal facilit\": The application S!l:lll corua in a legal description of the site to be certified and shall identify the applicants and all nonprivaie ownership interests in such land. (2) Ancillarv facilities: For those facilities described in RCW 80.50.020 (6) and 

### p) the application shall contain the legal metes and bounds description of the preferrcd centerline of the corridor nccessarv to construct ana opcratc thc factllt)" contalncd thercln. the width of the corridor. or variations in width bet\\ecn NEW SECTION WAC 463-40-040 MONITORING A1\D EN· FORCEMENT. The council willcontract with the Dcpartment01 EcologyTDUETToi'lne momtonng act**iviti~c-s ...:......---'~;::;:~;:::::;;~t=;~~~::n;:~Ex~~~~5==;=~=~~~--**  for dangerous wastes regulated by this chapter undcr a NEW**SECTIO~** WAC 463-40-030 REGULATI01"S. Notwithstanding the provisions of WAC 173-303·801. to the extent of their applicability and appropriarcncss. thc provisions of WAC 173-303 shall apply to the on-sue activities. at energy facilities subject to this chapter. which involve the generation. storage. transportaiion. treatmentor disposal ofdangerous wastes.

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