.. ;;...

JOHN" SPELLMAN

Governor

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10-'';'- ~3

;< 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 • (5C 4.N) 585-6~9()

June 14, 1983

Mr. Donald W. Moos, Director

Washington State Department of Ecology

Mail Stop PV-ll

Olympia, WA 98504

Dear Mr. 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 Memorandum of Agreement with EPA for interim authorization of

the hazardous waste program in 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

authorized by an EFSEC site certification.

We expect our participation in the program, for the foreseeable future, to continue to

be limited to regulation of three 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

of its intent and actions to comply with State program requirements.

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 subsequent final authorization of the State's program.

ic holas D. Lew is

~~ ~~""",-",-....c.._ e..-,

Chairman

NDL:se

Enclosures
•

I .' • \ «,

Washington Public Power Supply System

p.o. Box 968 3000 George Washington Way Richland, Washington 99352 (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

JUL 06 1982

ENERGY FACILITY SITE

EVALUATION COUNCIL

Subject: WNP-l/4

DANGEROUS WASTE GENERATOR

The recently adopted dangerous waste regulations (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 your enforcement 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.te s .

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 .Cha i r man , in

emergency situations, subject to subsequent confirmation or

modification by full Council.

7. Effective Date and Term of Agreement. This Memorandum

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

-2-
"

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

Da te /I / l I £3 'Z..-

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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 "'-"'.

Washington State Register. Issue 8

WSR 83-01-127

ADOPTED RULES

ENERGY fACILITY SITE

EVALUATION COUNCIL

(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 pursuant to 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) which directs that the Energy Facility Site

Evaluation Council has authority to implement the provisions of chapter 80.50 RCW.

The undersigned hereby declares that the agency has

complied 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 AND ADOPTED December 13. 1982.

By William L. Fitch

Executive Secretary

NEW SECTION

WAC 463-40-010 PURPOSE. The Energy Facility

Site Evaluation Council, under authority invested in it

by chapter 80.50 RCW is charged with thc responsibility

of adopting rules sufficient to the protection of 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 COVERAG E. The provisions of

this chapter shall apply state-wide for those generators

of dangerous wastes under the jurisdiction of 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 permittee which in its judgment requires the initiation of appropriate 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 by other public agencies and officials under 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 immediate enforcement action as may be necessary.

Such action shall remain in effect until confirmed or

modified by the council.

WSR83-0J-J28

ADOPTED RILES

ENERGY FACILITY SITE

EVALUArtox 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) which directs that the Energy Facility Site

Evaluation Council has authority to implement the provisions of chapter 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.

By William L. Fitch

Execurive Secreta ry

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 will contract with the Dcpartment 01 EcologyTDUETToi'lne momton ng 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. t hc

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.

treatment or disposal of dangerous wastes.

[100 J