# • Christine O. Gregoire 

# ATTORNEY GENERAL-OF WASHINGTON Ecology Division 2425 Bristol Court SW2nd Floor • Olympia "VA98502 Mailing Address: PO Box 40117 • Olympia WA 98504-0117 (360) 586-6770 MEMORANDUM

The following are the responses to your comments and questions raised in your memorandum dated 11/28/01 regarding the Attorney General's Statement (AGS) and the accompanying checklists submitted to EPA on July 30, 2001. 1. p. 10 Corrective Action

- Cleanup Only Facility. The AGS states that a cleanup-only facility cannot be co-located with a facility subject to corrective action but the Washington regulations do not actually appear to prohibit co-location. Could the State provide an explicit reference to a co-location prohibition in the AGS, or provide an interpretive analysis of the prohibition? Without this level of detail, it appears that the State's definition of Cleanup Only Facility may be less stringent than the federal regulations. Response: There is no express prohibition providing that a cleanup-only facility. can't be co-located with a facility subject to corrective action. However, application of the State's rules results in this being the case. During our telephone conference call, we discussed and agreed that the statement in the AGS was adequate to address this inquiry. 2. p. 11 Military Munitions Rule. The AGS states that the Washington regulations are more stringent than the federal regulations with respect to the application of 261.3(d) to rnilitary munitions, however, the checklists provided by the State are marked as equivalent. It appears that the State regulations are more stringent on this point and would need to be authorized as such. Could the State provide additional detail on its "more stringent" determination and reconcile the AGS and checklists on this issue? [Please note that this same AGS entry contains text on "micronutrient or waste derived fertilizers" that does not appear to be related to the military munitions rule. Could the State check this text and correct or delete it as necessary?] 

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SUBJECT: December 19, 2001 Mary Stroh Queitzsch, EPA Assistant Regional Counsel Nina Kocourek, EPA Washington State Programs Coordinator Colleen G. Warren, Assistant Attorney General Chipper Hervieux, Washington State Department of Ecology Responses to your Memorandum of 11/28/01 Regarding Comments and Questions on Attorney General's Statement (AGS) and Checklists Incorporated into the AGS by Reference

### ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 2

Response: No change necessary. The checklist was marked correctly. [We are more stringent because we don't have the de minirnus wastewater exclusions.] The reason for the text on the micronutrient or waste derived fertilizers was discussed during ourtelephone conference. 3. p. 13 Military Munitions Rule. The AGS states that the Washington regulations are equivalent to the federal regulations based on the State's interpretation that chemical munitions are already subject to hazardous waste designation. The Federal Register preamble to this rule suggests that EPA would interpret the State's regulations as more stringent than the federal regulations. Could the AGS provide more detail on its "equivalent" determination based on the federal rule preamble at 62 FR 6633? If the State determines its regulations are "more stringent" the AGS will need to be revised to reflect this interpretation. Response: See AGS Addendum. 4. p. 13 Military Munitions Rule. The AGS states that the State will implement the same version of the DDESB storage standards as the federal program, however, the State regulations do not appear to expressly require this. Could the AGS provide additional interpretation on how the State will ensure the same DDESB storaqe standards are being implemented? Response: See AGS Addendum. 5. p. 13 Post Closure Permits. The AGS states that the State did not adopt 40 CFR 265.118(c)(4) but the State regulations at WAC 173-303-400 do not appear to exclude this regulation from the State's incorporation by reference of the federal interim status standards. Could the AGS verify the status of the IBR and if the regulation has been IBR'd, could the AGS be revised to say that the State is not seeking authorization for 40 CFR 265.118(c)(4)? Response: See AGS Addendum. 6. p. 14 Alternative requirements for regulated units co-located among SWMUs. The AGS states that an enforceable document will be referenced directly in a closure or post-closure plan. The State regulations do not appear to actually require this and it is difficult to determine whether there are any permitting implications for the State's use of the enforceable document. Could the AGS provide more detail on where the regulatory requirement is located requiring the enforceable document to be directly referenced in the closure or post-closure plan and could the AGS discuss permitting obligations, (for example, possible modifications if needed where the decision to use an enforceable document was made after the permit was issued), if any, for such regulated units? Response: See AGS Addendum. 

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• ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 3

7. p. 14 Alternative requirements for regulated units co-located among SWMUs. The State regulations do not appear to specify that the closure performance standard must be met when an enforceable document is used. This is a federal requirement. Could the AGS discuss or provide an interpretive analysis of the analogous State requirement to meet the closure performance standard when a State enforceable document is used? Response: See AGS Addendum. 8. p. 15 Staging Piles. The State regulation at WAC173-303-040, definition of staging pile, does not appear to require that a staging pile be designated by the Director. The federal regulations require that staging piles be designated. Could the AGS discuss or provide an interpretative analysis of how the definition of staging pile combines with the requirements the State incorporated by reference and results in an equivalent regulation? Response: See AGS Addendum. 9. p. 21 Standards for Management of Waste Fuel and Used Oil. The AGS states that the State regulations are "more stringent" because no mixing of CESQG waste with used oil is allowed. It is very likely that the State regulations on this point are "more stringent" than the federal regulations provided that such a mixture is subject to the hazardous waste management standards as a hazardous waste mixture. Could the AGS provide this detail? Response: See AGS Addendum. 10. p. 22 Standards n' Used Oil. Point (10) in the AGS states that the State regulations are less stringent for generators allowed to self-transport greater than 55 gallons. While this statement is correct, the State regulations actually specify that this regulation is an additional regulation. Could the AGS modify this point to specify that the additional requirement allowing generator self-transport of greaterthan 55 gallons is all that is less stringent? Response: See AGS Addendum. The Checklist (consolidated used oil) was changed to show where we are equivalent and where we added the less stringent provision. 11. p. 23-30 Land Disposal Restrictions. The State incorporated the federal Land Disposal Restrictions (LDRs) by reference. However, the AGS does not clarify which version of the State has currently incorporated by reference. Could the AGS clarify whether, for LDRs'that were modified as of July 1, 2000, the State is seeking authorization for those changes made in 2000? Response: The first page of the AGS already includes a statement that all incorporations by reference are as of July 1,1999. This is also noted at WAC 173- 303-045.

### ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 4 12. p. 24 LDRs. The AGS entry for checklist 157 includes a reference to Appendix X, however, this appendix was removed on 8/11/97. Could the AGS clarify that, as is presumed, the State is not seeking authorization for this Appendix? Response: The checklist (CL 157) was modified to show that we are equivalent to the federal rules. It is clearer now where the incorporation by reference ends and that we are equivalent because we have also removed the appendix. With the modification ofthe checklist, no AGS explanation is necessary. 13. p.28 LDRs. The AGS cites to WAC 173-303-201(2) and 201(1)(f) but it appears the citation might actually be WAC 173-303-200(1 )(f). Could the AGS doublecheckthis citation? Response: See AGS Addendum. The checklist was changed to cite 200(1)(f) as the correct analog. 14. p.33 Universal Waste Lamps. The State's regulation at WAC 173-303- 573(9)(c)(iii) rewords the federal requirement at 273.13(d)(1) by using the words "minimize breakage" rather than the federal wording "contain ..." and it is not readily apparent that the State's requirement is equivalent. Could the AGS provide some additional interpretative analysis on this difference in wording? Response: See AGS Addendum. 15. p. 34 Permit by Rule ("PBR"). The AGS states that the State pbr provision at WAC 173-303-802(5) is broader in scope than the federal regulations because the State regulation applies to State-only wastes. The regulation, however, applies to federally regulated hazardous waste as well as State-only waste. It appears that the regulation is "more stringent" where it applies to federally regulated hazardous waste and broader in scope where it applies to State-only waste. Could the AGS revisit the broader in scope interpretation and address the issue of federally regulated hazardous waste? Response: See AGS Addendum. 

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• ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 5
Checklists CL 17P: CL p. 3 does not include an entry for 270.73(g). Does State seek authorization for 270.73(g), State analog 173-303-805(8)U)? Response: Yes, an entry was added to the checklist for this analog. CL 151: CL p. 2 Appendix XI to Part 268 changed after the CL was revised, see 62 FR 26025. What version of the 268 regs does State seek authorization for? Response: The first page of the AGS already includes a statement that all incorporations by reference are as ofJuly 1,1999. This is also noted at WAC 173- 303-045. CL 154: CL p. 2 Regulation at WAC 173-303-110(3)(g)(x) contains a typo "isoteriscope" rather than the federal work "isoteniscope". How does State want to handle the regulatory typo? (Note: This same regulatory typo is referenced in CL 158 p.3.) Response: See AGS Addendum. CL 156: CL p.10 Regulation at WAC 173-303-578(3) contains the cross-reference 173- 303-240(6)(e) and should be 173-303-240(10). Regulation at WAC 173-303-578(3) contains the cross-reference 173-303-400(2)(c)(xii) and should be 173-303- 400(2)(c)(xiii). How does State wantto handle the regulatory typo? Response: See AGS Addendum. The changes will be made to the regulations during the next rulemaking. CL 156: CL p. 11 at 266.205(d) State indicates "X" in the equivalent box but EPA would likely find this regulation to be "more stringent". How does State want to handle the CL designation? Response: See AGS Addendum. Checklist was changed. CL 157: CL p. 2 Appendix X was removed from federal regulations on 8/11/97? How does State want to handle CL? Response: The checklist has been revised to show that the State has also removed and reserved this appendix. No AGS change is necessary. CL 162: CL p. 4 Does State seek authorization for 268.44(i),U),(k)or (I)? Also note that WAC 173-303-140(2)(a) did not replace the word "EPA" with the word "Ecology" in 268.44(m).

. Response: Yes, since 268.44(i), (j), (k), and (I) go with the variance, we added them to the checklist. We will make a rule change next time to replace "EPA" with "Ecology" in 268.44(m)

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### ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 6 CL 163: CL p. 4 State marked "more stringent" for 691(1)(c) analog to 264.1050(c) but the State regulation does not appear to expressly make the facility subject to SS or to require the owner/operator to be subject to 265 SS until a permit is received. Can State revisit this regulatory interpretation? Also what version (1999 or 2000) of the 264 AA, SS, CC and 265 AA, SS, CC ISR is State seeking authorization for? Response: See AGS Addendum. The checklist was changed to equivalent. The first page of the AGS already includes a statement that all incorporations by reference are as of July 1, 1999. This is also noted at WAC 173·303·045. CL 167A, 1678, 167C: What version (1999 or 2000) does State seek authorization for? Response: The first page of the AGS already includes a statement that all incorporations by reference are as of July 1,1999. This is also noted at WAC 173- 303-045. CL 169: State marks "more stringent" for not having de minimus wastewater exclusions but WAC 173-303-071(3)(b) appears to contain the de minimus wastewater exclusions. Can State provide an explanation? Response: WAC 173-303-071(3)(b) is the industrial wastewater discharge exclusion. The checklist is correct; State rules do not include the de minimus wastewater exclusions that are in the federal rules. CL 170: 64 FR25408 made a technical amendment to 268.40(i) and CL should refer to this revision. Response: That change is covered by checklist 179. CL 171: What version (1998,1999 or 2000) does State seek authorization for? Response: The first page of the AGS already includes a statement that all incorporations by reference are as of July 1,1999. This is also noted at WAC 173- 303-045. CL 173: What version (1999 or 2000) does State seek authorization for? Response: The first page of the AGS already includes a statement that all incorporations by refere.nce are as of July 1,1999. This is also noted at WAC 173- 303-045 . . CL 174: p. 6. State says no analog to 265.118(c)(4) but State did not exclude this

provision from its ISR. Does State want to revise CL to say ISR'd but not seeking authorization? Response: See AGS Addendum. Checklist was changed to note that State is not seeking authorization for this provision although State has adopted it. 

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• ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page? CL 176: p.3. 273.6 was changed in 1999 to 273.9. Does state want to change CL to show seeking authorization for the 1999 273.9? Response: We are also submitting the later checklist (181) that redesignated the citation, but this checklist was changed to show the current citation. CL 177: p. 3 State does not appear to have excluded 265.1080(e),(f) pertaining to the .Stonewall and Sisterville plants from its IBR. Does State want to change CL to show not seeking authorization for those provisions? Response: A notation has been made to the checklist indicating that the State is not seeking authorization for 265.1080(e)&(f). CL'179: p. 2 State citation reads 201(1)(f) but believe it should be 200(1)(f). Does State want to change the citation? Response: See AGS Addendum. The citation was corrected on the checklist. CL 181: State says pesticides not subject to Universal Waste requirements but could State add clarification for what pesticides are subject to in order to justify the State determination of "more stringent". Also on p. 7 State marks "equivalent" but this State regulation appears to be "more stringent" based on State pesticide regulation. Does State want to change this CL box to "more stringent"? Response: See AGS Addendum. Checklist was changed to' more stringent for 273.9. CL Recycled Used Oil: p. 29 State marked two boxes where State has no analog as "equivalent". Does State want to remove the "equivalent" designation and mark as "non-delegable"? Response: The checklist was changed.


### A. Checklist Typos CL 148: CL p. 7 typo in State citation. Citation reads 806(4)(xxv) and should read 806(4)(a)(xxv). Response: Checklist was changed. CL 154: CL p. 11 typo in State citation. Citation reads 300(5)(i)(i) and should read 300(5)(i)(A). Citation reads 300(5)(i)(ii) and should read 300(5)(i)(B). Response: Checklist was changed

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### ATTORNEY GENERAL OF WASHINGTON Mary Stroh Queitzsch Nina Kocourek December 19, 2001 Page 8 CL 156: CL p. 9 State did not mark box for E. Believe State needs to add an "X" in the equivalent box for 578(2)(b). Response: Checklist was changed. CL 163: CL p. 5 typo in State citation. Citation reads 692(1)(b) and should read 692(1 )(b)(i). Response:. Checklist was changed. CL 181: CL p. 8 typo in State citations. Citation reads 573(9)(c)(i) and should read 573(9)(c)(ii). Citation reads 573(9)(c)(i) and (ii) but should read 573.9(c)(i) and (iii). Also on p. 10 Citation reads 573(20)(c)(i) but should read 573(20)(c)(ii) and (iii). Citation 573(20)(c)(i) and (ii) should read 573(20)(c)(i). Response: Checklist was changed. FYI: CL Recycled Used Oil p. 6 federal citation reads 266.1 OO(b)(1) and should read 266.100(c)(1) based on federal redesignation. Response: It has been noted on the checklist that this federal rule was redesignated.

CGW:sj Enclosures 

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• REVISION ATTORNEY GENERAL'S STATEMENT Final Authorization for Changes to the Federal RCRA Program For Rules Adopted through June 2000 

### I hereby certify, pursuant to my authority as an Assistant Attorney General and in accordance with Section 3006(b) ofthe Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of1984 (42 USC 6901 et seq.), and 40 CFR 271 that in my opinion the laws ofthe State ofWashington provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted by the Washington State Department of Ecology. The specific authorities provided are contained in statutes or regulations lawfully adopted at the time this Statement is signed and which are in effect now as specified below. These authorities and this certification supplement the previously certified authorities described in my (or my predecessors) certification(s) of June 1984, September 1987, December 1993, October 1995, February 1998, April 1998, and June 1999. The State Department of Ecology is the implementing Agency for the State's Dangerous Waste Program authorized pursuant to RCRA, and adopts rulesthereunder, at RCW 70.105.130 and more recently, by RCW 70.105D.030(l)(d). The specific authorities to carry out the revised program are contained in the statutes or regulations specified below. Ecology is authorized to incorporate Federal regulations by reference pursuant to RCW 34.05.365. The cited statutes and regulations were all lawfully adopted by June 10, 2000, and are currently in effect. The following Revision Checklists are included in this authorization application and are incorporated into this Attorney General's Statement: Revision Checklist Numbers 17P, 65, 144, 148, 151, 153, 154, 156, 157, 158, 162, 163, 164, 167A, 167B, 167C, 167F, 169, 170,171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, and C9 (for permit by rule). There is not an actual checklist for SRI; however, it is included in this statement. Revision Checklists 112, 122, 130, and 166 are included on the Special Consolidated Checklist for recycled used oil standards. In the current version of the regulations, at WAC 173-303-045, the date for incorporation by reference of federal regulations is July 1, 1999 because any federal regulations that were incorporated by reference into the Dangerous Waste**R~gu~!itions** 

### were as of that date. Proposed Amendments to the Washington State Model Toxics Control Act (MTCA), chapter 173-340 WAC, are not addressed in this statement as they are not yet effective.ltll ,. 

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• I. IDENTIFICATION AND LISTING A. State statutes and regulations contain lists ofhazardous wastes which encompass all wastes controlled under the following Federal regulations as indicated in the designated Revision Checklists.

. (31) Listing offour wastes (KI69-KI72) generated during petroleum refining process, 40 CFR 261.32, Part 261 Appendix VII as amended August 6, 1998 (63 FR 42110), Revision Checklist 169. Federal Authority: §RCRA 3001(b). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state regulation is equivalent to the federal requirement (See Revision Checklist 169). The state's analog to 261 Appendix VII is incorporated by reference at WAC 173- 303-082(4). J. State statutes and regulations that: (1) Provide final criteria to define Bevill-excluded mineral processing wastes, finalize the Bevill status of nine mineral processing waste streams, and list those mineral processing wastes subject to conditional retention as indicated inRevision Checklist 65. Federal Authority: RCRA §3001(b); 40 CFR 261.3 and 261.4 as amended September 1, 1989 (54 FR 36592). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 

### Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks oftheAttorney General The state rule is broader in scope than the federal requirement (See Revision Checklist 65). The state has not adopted the mining waste exclusion .

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• JJ. State statutes and regulations require that when wastes generated by conditionally exempt small quantity generators are sent to a State permitted, licensed or registered facility, that facility must be subject to 40 CFR Part 258 or §§ 257.5 through 257.30 as specified in Revision Checklist 153. Federal Authority: RCRA §3001(d)(4); 40 CFR 261.5(f)(3) & 

### (g)(3) as amended July 1, 1996 (61 FR 34252). CitationofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 153). The wording in the state rule is somewhat different than in the federal requirements as discussed below; however, the state analogs are equivalent. The state uses the phrase "small quantity generator" in place ofthe federal "conditionally exempt small quantity generator". The state wording is slightly different at WAC 173-303-070(8)(b)(iii)(D), and the state combined two federal provisions, 261.5(f)(e)(vi) and (vi)(A) and (B) into one provision at WAC 173-303-070(8)(iii)(D). The state rule does not have two separate provisions for management of acute hazardous waste and hazardous waste; the state addresses both types ofwaste in one provision. The 261.5(f) and 261.5(g) requirements are included at WAC 173-303-070(8)(b). At WAC 173-303-070(8)(b)(iii)(E), analog to 261.5(f)(3)(iv), the state added a reference to the state's Criteria for Municipal Solid Waste Landfills, chapter 173-351 WAC for clarity. At WAC 173-303-070(8)(b)(iii)(E), the state did not include the words "by a State"; however, they are implied. KK. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include revisions of the exclusion of scrap metal and circuit boards from RCRA regulation as indicated in Checklist 157. Federal Authority: RCRA §§3001; 261.1(c)(9)-(12), 261.2(c) table 1, 261.4(a)(13), 261.4(a)(14), 261.6(a)(3)(ii) as amended May 12, 1997 (62 FR 25998). Citation of Laws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

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• Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 157). 

### LL. State statutes and regulations include required test methods in EPA Publication SW846 and Third Edition ofthe EPA Approved Test Methods Manual "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" through Update III and include amendments as indicated in Revision Checklist 158. Federal Authority: RCRA §§2002(a), 3001(b), and 3001(e)(1), 40 CFR Parts 260.11, 264.1034(d)(1)(iii), 264.1034(f), 264.1063(d)(2), Part 264 Appendix IX, 265.1034(d)(l)(iii), 265.1034(f), 265.1063(d)(2), 266.104(e)(1)' 266.106(g)(1)&(2), 266.107(f), and 266 Appendix IX, as amended June 13, 1997 (62 FR 32452). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 158) except for the Part 266 requirements. The state is not seeking authorization for the Part 266 provisions. The state does not have analogs to the Part 266 subpart H requirements on Revision Checklist 158 since these requirements have not been adopted by the State. EPA is implementing BIF requirements in Washington State. State analogs to the Part 264 and 265 requirements are incorporatedby reference. NN. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include an exemption from regulation under RCRA for condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e), as indicated in Revision Checklist 164. This exclusion is limited to combustion at mills generating the condensate. Federal Authority: RCRA §3001; 40 CFR 261.4(a)(15), as amended April 15, 1998 (63 FR 18504). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000

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• Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 164). 

### 00. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide for secondary materials from mineral processing to be co-processed with normal raw materials in beneficiation operations which generate Bevill exempt wastes, without changing the exempt status ofthe resulting Bevill waste, provided certain conditions are met as indicated in Revision Checklists 167 E and 179. Federal Authority: RCRA §3001; 40 CFR 261.4(b)(7) as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The State is not seeking authorization for Revision Checklist 167E. The State analogs are broader in scope than the federal requirements (See Revision Checklist 179) because the state has not adopted the mining waste exclusion. QQ. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include revisions that expand the headworks exemption to include waste generated during petroleum refining process (K169-KI72), as indicated in Revision Checklist 169. Federal Authority: RCRA §§ 2002(a) and 3001, 40 CFR 261.3(a)(2)(iv)(C) as amended August 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state is more stringent than the federal requirement because the state rule does not include the deminimus wastewaterexclusions (See Revision Checklist 169).

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• RR. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include anexemption for catalyst support media as indicated in Revision Checklist 169. Federal Authority: RCRA §§ 2002(a) and 3001, 40 CFR 261.3(c)(2)(ii)(E), as amended August 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics ControlActRCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirement (See Revision Checklist 169). SS. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude dredged material from regulation as ahazardous waste provided the material is subject to the requirements ofa permit issued under §404 ofthe Federal Water Pollution Control Act or §103 ofthe Marine Protection, Research, and Sanctuaries Act as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 1006(b), 2002(a) and 3001; 40 CFR 261.4(g), as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date Hazardous Waste.ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney The state rule is equivalent to the federal requirements (See Revision Checklist 175). The state has slightly restructured the text ofthe exclusion to make it more readable. The federal regulations exclude dredged materials subject to a permit and then define "permit" to mean certain authorizations under the Federal Water Pollution Control Act, the Marine Protection, Research, and Sanctuaries Act, or US Army Corps ofEngineers regulations: The state has excluded dredged materials only when they are subject to one ofthe allowedpermits/authorizations

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• TT. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exempt, from regulation as a hazardous waste, landfill leachate and gas condensate derived from previously disposed petroleum refinery wastes (KI69-KI72), as indicated in Revision Checklist 178. Federal Authority: RCRA §§ 2002(a) and 3001(a), (b), and (e)(2), 3004(g) and (m), 40 CFR 261.4(b)(15), as amended February 11, 1999 (64 FR 6806). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 178). 

# uu. State statutes and regulations (1) incorporate the third edition and updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), the Third edition (November 1986), as amended through Update lIlA (April 1998); and (2) include Method 1664, Revision A, N-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry, as indicated inRevision Checklist 180. Federal Authority: RCRA §§1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004; 40 CFR 260.11(a)(II) and 260.11(a)(16), as amended May 14, 1999 (64 FR 26315). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 180). 

### II. DEFINITION OF SOLID WASTE D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide for a conditional exclusion from the definition of solid wastes for mineral processing secondary materials as indicated inRevision Checklists 167 D and 179.

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• Federal Authority: RCRA §3001; 40 CFR 261.2(c)(3), 261.2(c)(4) Table 1, 261.2(e)(1)(iii), 261.4(a)(16), and 261.4(a)(17) as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state is not seeking authorization for Revision Checklist 167D. The state rule is more stringent than the federal requirements because the state has not adopted the mineral processing secondary materials exclusion (See Revision Checklist 179). E. [OPTIONAL: This is areduced requirement.] State statutes and regulations provide for an exclusion from the definition of solid waste for certain materials generated and recycled by the wood preserving industry as indicatedin Revision Checklist 167 F. Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9)(iii) as amended May 26, 1998 (63 FR28556). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 167F). G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include revisions to the exclusion for certain oil-bearing hazardous secondary materials, as well as new exclusions for petrochemical recovered oil, and spent. caustic solutions from petroleum refining processes, and the related revisions to the references to these exclusions as indicated in Revision Checklist 169. Federal Authority: RCRA § 3001; 40 CFR 261.3(c)(2)(ii)(B), 261.4(a)(12), 261.4(a)(18) & (19), 261.6(a)(3)(iv)(C), 261.6(a)(3)(v), 261.31(a), and 266.100(b)(3), as amended August 6, 1998 (63 FR 42110) .

8

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i.

• CitationofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General

r The state rule is equivalentto the federal requirement with the'exception ofone provision (See Revision Checklist 169). The state is not seeking authorization for the Part 266 . provisions. The state does not have an analog to 266.100(b)(3) on Revision Checklist

169 since these requirements have not been adopted by the State. EPA is implementing BIF requirements in Washington State. The state's analog to 261.3(c)(2)(ii)(B), at WAC 173-303-071(3)(P), is written differently than the federal requirement; however, it is equivalent. VII. NATIONAL UNIFORM MANIFEST SYSTEMAND RECORDKEEPING G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide that generators and transporters ofhazardous waste are exempt from the RCRA manifest system requirements for the transportation ofhazardous waste on public or private rightof-ways on or along the border ofcontiguous properties, under the control ofthe same person, regardless ofwhether the contiguous properties are divided by right-of-ways, as indicated inRevision Checklist 156. Federal Authority: RCRA § 3003 and 3004(y); 40 CFR262.20(f) as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is more stringentthan the federal requirement (See Revision Checklist 156) because it includes apaperworkrequirementfor those that use this exemption. XIII. CORRECTIVE ACTION H. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain provisions exempting cleanup only remediation waste management sites from 40 CFR 264.101 facility-wide corrective action as indicated in Revision Checklist 175.

9

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• Federal Authority: §§2002(a) and 3004; 40 CFR 264.1(j) intro, 264.101(d), and 270.230(e)(1) as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date 'Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements except for one provision (See Revision Checklist 175). The state rule does not have an analog to 270.230(e)(1), and is more stringent. The state rule uses the tenn "Cleanup Only Facility" rather than the federal "Remediation Waste Management Site." A cleanup-only facility cannot be collocated with a facility already subject to corrective action. In addition, the state has placed the operative language for the exemption from corrective action requirements for remediation waste management sites (state "cleanup only facilities") in the applicability section ofthe state corrective action regulations (WAC 173-303-646(1)(c)) rather than in the definitions.

. The state did not adopt the Subpart H Remedial Action Plan provisions . 

### XV. STANDARDS FORFACILITIES W. State statutes and regulations provide for organic air emission standards for tanks, surface impoundments and containers and provide that air emission control requirements be added to the permitterms and provisions specified for miscellaneous units as specified in Revision Checklists 154, 163 and 177. Federal Authority: RCRA § 3004(n); 40 CFR 60 Appendix A, 260, 261, 262, 264, 265, and 270 as amended December 6, 1994 (59 FR 62896); May 19, 1995 (60 FR 26828); September 29, 1995 (60 FR 50426); November 13, 1995 (60 FR 56952); February 9, 1996 (61 FR 4903); June 5, 1996 (61 FR 28508); November 25, 1996 (61 FR 59932); December 8, 1997 (62 FR 64636); and January 21, 1999 (64 FR 3382). Citation ofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

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• Remarks of the Attorney General The state rule is equivalent to the federal requirements except for one citation that is more stringent (See Revision Checklist 154). The state's analog to 262.34(a)(1)(i) is more stringent because the state can require secondary containment at WAC 173-303- 200(1)(b)(i). The state does not have an analog to 260.11(b); however, it does not effect equivalency since it is not a regulatory requirement. This provision only states that the references are also available for inspection at the Office ofthe Federal Register. State analogs to the following federal requirements are incorporated by reference: Part 60 Appendix A, 264.1033(a)(2) through 264.1035(d), 264.1055(a) through 264.1064(g)(6), 264.1081 through 264.1091,265.178,265.202,265.231, 265.1030(b) through 265)091, 265 Appendix VI, and 270.27(a) through 270.27(a)(7). The state rule is equivalent to the federal requirements with the exception ofone analog, which is more stringent (See Revision Checklist 163). The state analog to 264.1050(c), WAC 173-303-691(1)(c), is more stringent because the state rule contains an earlier date that the revised federal requirement. Note that the state will modify this requirement during its next rulemaking to reflect the later date. State analogs to the following federal requirements are incorporated by reference: 264.1031; 264.1033(a)(2)(i), (ii), (iii), and (iv); 264.1060(a) through 264.1064(m); 264.1082(b) through 264.10890)(2); 

### and changes to 265 Subparts AA, BB, CC, and Appendix VI. The state rule is equivalent to the federal requirements (See Revision Checklist 177). The state has incorporated all ofthe requirements by reference except for three: analogs to 262.34(a)(I)(i) and (ii), and the analog to 264.1080(b)(5). Note that this last analog is worded differently than the federal requirement in that it refers to the State's corrective action requirements; however, it is equivalent. X. State statutes and regulations identify when. conventional and chemical military munitions become a hazardous waste under RCRA and provide for the safe storage and transport of such waste. They also clarify that emergency responses involving both military and non-military munitions and explosives are considered an immediate response to a discharge or imminent and substantial threat ofa discharge ofa hazardous waste as indicated in Revision Checklist 156. Federal Authority: RCRA 

### § 2002, 3001-3007, 3010, and 7003; 40 CFR 260.10; 261.2(a)(2)(iii)-(iv); 262.1O(i); 263.1O(e)&(f); 

### 264.1(g)(8)(i)(D), (g)(8)(iv), and (i); 264.70; 264.1200 through 264.1202; 265.1(c)(11)(i)(D), (c)(11)(iv), and (f); 

### 265.70; 265.1200 through 265.1202; 266.200(a}·(b); 266.201, 266.202, 266.204, 266.206, 270.1(c)(3)(i)(D), and 270.1(c)(3)(iii) as amended on February 12, 1997 (62 FR 6622). CitationofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 199R Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999

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• Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements except for five analogs, which are more stringent and one that is broaderin scope (See Revision Checklist 156). The state is .more stringent than the federal rule at 263.1O(f), 264.70, and 265.70 because it did not adopt the alternative requirements for transporting waste munitions between military installations. The state analogs to 264. 1202(a) and 265.1202(a), WAC 173-303-693(3)(a) and -400(3)(b), are more stringent because they do not include an analogous citation to 40 CFR 261.3(d) (criteria for when solid waste is not hazardous waste). The state is broader in scope at WAC 173-303-578(2)(e) because the state added a requirement stating when munitions at closed or transferredranges are considered solid wastes. There is no direct federal analog, however, the state provision was added to WAC 173-303- 578(2), analog to 266.202. The state rule does not have an analog to 266.201 intro; however, it is equivalent since this is introductory text and does not contain any regulatory requirements. The state rule contains additionallanguage at WAC 173-303-016(3)(b)(iii), analog to 261.2(a)(2)(iii), for persons registering micronutrient or waste-derived fertilizers; this language does not affect equivalency. Note that the state has incorporated 265.1200 through 265.1202(b) by reference. Y. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide for a manifest exemption for off-site shipment of unused waste munitions from one military installationto another as indicatedin Revision Checklist 156. Federal Authority: RCRA § 3001, 3003, 3004(y); 40 CFR 266.203 as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is more stringent than the federal requirements (See Revision Checklist 156). The state did not adopt this less stringentprovisionfor transportation. Z. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide for conditional exemption for waste munitions. Storage is indicated in Revision Checklist 156.

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• Federal Authority: RCRA § 3001 and 3004; 40 CFR 266.205 as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirement except for one analog, which is more stringent (See Revision Checklist 156). The state is more stringent than 266.205(d)(2) because it does not have an analog. Under the state rule, chemical munitions are subject to the storage provision. The state rule does not have analogs to 266.205(d) and 266.205(d)(1); however, the state rule is equivalent because chemical munitions are already subject to dangerous waste regulation without specifically stating so through the designation process. Whereas the federal Military Munitions Rule clarified how munitions are regulated as hazardous waste, all munitions, including chemical munitions, already were and continue to be regulated, as any other waste that designates would be. The state will implement these provisions the same way as the federal rule is implemented. The state rule does not have an analog to 266.205(e); however, it is equivalent. This provision is not a regulatory requirement. It discusses amendments to the DDESB storage standards. The state will implement the same version ofthe DDESB storage standards as the federal program. AA. [OPTIONAL: This is a reduced requirement.] State statutes and regulations remove requirements to issue post-closure permits at each facility and allow post-closure care requirements to be imposed at interim status facilities using either permits or approved alternate authorities as indicated in Revision Checklist 174. Federal Authority: RCRA §§ 2002(a), 3005 and 3006; 40 CFR 264.90(e), 265.110(c), 265.118(c)(4), 265.121 and 270.1(c) as amended October 22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks oftheAttorney General The state did not adopt, nor is it seeking authorization for these federal requirements (See Revision Checklist 174.)

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• BB. [OPTIONAL: This is a reduced requirement.] State statutes and regulations give discretion to the State Director to impose requirements developed for corrective action in lieu ofSubparts F, G, and H at certain regulated facilities, either permitted or interim status, that appear to have released to the environment, ifnearby SWMUs also appear to have contributed to the same release as indicated in Revision Checklist 174. Federal Authority: RCRA §§ 2002(a), 3004, 3005 and 3006; 40 CFR 264.90(f), 264.l10(c), 264.112(b)&(c),. 264.118(b)&(d), 264.l40(d), 265.90(f), 265.llO(d), 265.112(b)&(c), 265.ll8(c)(5)&(d)(1)(iii), and 265.140(d) as amended October 22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

.Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 174). The state regulations provide, under certain circumstances, the discretion for the Director to establish and impose alternative requirements in lieu ofthe existing requirements for the following: 1) Releases from solid waste management units, 2) Closure and postclosure care, and 3) Financial requirements (40 CFR 264 Subparts F, G, and H);at certain

. regulated units. The regulations applicable to facilities operating under interim status are incorporated by reference at WAC 173-303-400(3)(a). The state did not adopt, nor is it seeking authorization for, provisions that would give the Director the discretion to use an alternative enforceable document in lieu of a postclosure permit to impose post-closure care requirements. However, in accordance with the federal regulations at 40 CFR 264.112(b)(8) and 264.118(b)(4), (adopted by the state at WAC 173-303-610(3)(a)(ix) and WAC 173-303- 61O(8)(b)(iv), respectively), the state adopted a defmition of enforceable document. These regulations provide that when alternative requirements are established at eligible regulated units, the closure and, as applicable, post-closure plans for these units must include either the alternative requirements or "a reference to an enforceable document containing the alternative requirements." To support implementation of this requirement, the state adopted a definition ofenforceable document. The state definition at WAC 173-303-040 ofenforceable document is equivalent to the federal definition of enforceable document at 40 CFR 270.1(c)(7). Although the definitions are equivalent, use ofthe state enforceable document will be limited. It will be used only in situations where the Director chooses to establish alternative requirements at an eligible regulated

14

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• unit in an enforceable document rather than directly in a closure or post-closure plan and will then, as required, be referenced in a closure and/orpost-closure plan. 

## cc. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide reduced 40 CFR Part 264, Subparts B, C, and D requirements for remediation waste management sites as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3004, and 3007; 40 CFR 260.10, 264.10), and 264.73(b)(17) as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule providing for alternative standards for media remediation sites (state "cleanup only facilities") is equivalent to the federal requirements except for one analog, which is more stringent (See Revision Checklist 175). The state rule is more stringent than 264.10)(7) because siting offacilities in a 100-year floodplain is prohibitedby WAC 173-303-282(6)(c)(i)(A)(I). DD. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain design criteria as well as management and operating standards for the use of staging piles in storing remediation wastes as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3004, 3005, and 7004; 40 CFR 260.10, 264.554, 265.1(b), 268.2(c), and 268.50(g), as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 175). The state has incorporatedthe staging pile requirements by reference .

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• EE. [OPTIONAL: This is a reduced requirement.] State statutes and regulations expand the use of Corrective Action Management Units (CAMUs) and Temporary Units to include implementing remedies at permitted facilities which are not subject to 40 CFR 264.101 as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3004, and 3005; 40 CFR 260.10, 264.552(a) and 264.553(a), as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date Hazardous WasteManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 175). The State has placed the following requirement/prohibition only in the operative regulations governing**CAMUs~** at WAC 173-303-646(4)(a), rather than reiterating the requirement/prohibition in the CAMU definition. The prohibition being that any given CAMU can be used only to manage remediation waste that originated within the facility at which the CAMU is located. XVI. REQUIREMENTS FOR PERMITS D. State statutes and regulations require that: (1) For land disposal facilities granted interim status prior to 11/8/84, interim status terminated 11/8/85; unless a Part B application and certification of compliance with applicable groundwater monitoring and financial responsibility requirements were submitted by 11/8/85, as indicated in Revision Checklist 17 P.

. Federal Authority: RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR

28702). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

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• Remarks of the Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 17P). (2) For land disposal facilities in existence on the effective date of statutory or regulatory changes under this Act that render the facility subject to the requirement to have a permit and which is granted interim status, interim status terminates 12 months after the date the facility first becomes subject to such permit requirementunless a Part B application and certification ofcompliance with applicable groundwater monitoring and financial responsibility requirements are submitted by that date as indicated in Revision Checklist 17 P. Federal Authority: RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Effective Date Hazardous WasteManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 17P). (3) Interim status terminates for incinerator facilities on 11/8/89 unless the owner/operator submits a Part B application by 11/8/86 as indicated in Revision Checklist 17 P. Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 17P).

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• (4) Interim status terminates for any facility other than a land disposal or an incineration facility on 11/8/92 unless the owner/operator submits a Part B application by 11/8/88 as indicated in Revision Checklist 17 P. Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(f) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 17P). E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow facilities to qualify for interim status ifthey (1) are in existence on the effective date of statutory or regulatory changes that render the facility subject to the requirement to have a permit and (2) comply with §270.70(a) as indicated in Revision Checklist 17 P. Federal Authority: RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxies Control Act RCW 70.l05D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is more stringent than the federal requirement (See Revision Checklist 17P). The state analog to 270.70(a), WAC 173-303-805(1)(b), is more stringent than the federal requirement because the state analog includes a reference toWAC 173-303-281. The requirements of WAC 173-303-281 for notice of siting a dangerous waste management facility must be met prior to submittal of an interim status permit application. F. State statutes and regulations provide that facilities may not qualify for interim status under the State's analogue to Section 3005(e) ifthey were previously denied a Section 3005(c) permit or ifauthority to operate the facility has been terminated as indicated in Revision Checklist 17 P.

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• Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c) as amended July 15, 1985 (50 FR 28702). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 17P). I. State statutes and regulations require: (1) Surface impoundments in existence on November 8, 1984 [or subsequently becoming subject to RCRA pursuantto §3005(j)(6)(A) or (B)] to comply with the double liner, leachate collection, and groundwater monitoring requirements applicable to new units by November 8, 1988 [or the date specified in §3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste, unless the surface impoundment qualifies for a special exemptionunder §3005(j). (Referred to a "SRI") Federal Authority: RCRA §3005(j)(l)&(6)(A). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365;.1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements at WAC 173-303-650(13). Note that there is no Revision Checklist for this provision; however, it is referred to as "SRI" for purposes oftracking authorization. 

## z. State statutes and regulations provide for opportunities for earlier public involvement in the permitting process and expand public access to information throughout the permitting process and the operational lives of facilities as indicated in Revision Checklist 148.

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• Federal Authority: RCRA §§2002, 3004, 3005, and 7004(b), 40 CFR 124.31, 124.32, 124.33, 270.2, 270. 14(b)(22), 270.30(m), 270.61(b)(5), 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) as amended December 11, 1995 (60 FR 63417). Citation ofLaws and Regulations; Effective Date Hazardous WasteManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 148) with the exception of one analog that is more stringent, and no analogs to the BIF requirements. The state rule is more stringent at WAC 173-303-281(4) and (4)(a) than the federal rule at 124.31(a) because the state requires applicants to coordinate and obtain approval from Ecology for their meeting date. The state has not adopted the Part 266 Subpart H requirements for BIF; therefore, it does not have analogs to the 270.66 permit requirements. AA. State statutes and regulations provide that a permittee may accept military munitions even when barred from accepting off-site wastes ifcertain conditions are met as indicated in Revision Checklist 156. Federal Authority: RCRA § 3004(y) and 7004; 40 CFR 270.42(h), (h)(I)-(3), and (i) as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000

.Administrative Procedure Act RCW 34.05.365; 1999

Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 156). DD. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide for Remedial Action Plans (RAPs) as a special form of RCRA permit for treatment, storage or disposal ofhazardous remediation waste at remediation waste management sites, as indicated inRevision Checklist 175.

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•

• Federal Authority: RCRA §§ 2002(a), 3005, 3007, and 7004; 40 CFR 270.2, 270.11(d), 270.42,270.68, 270.73(a), and 270.79-270.230, as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Effective Date The state is more stringent than the federal requirements (See Revision Checklist 175). The state has not adopted these less stringent provisions for Remedial Action Plans (RAPs). The state rule-is equivalentto 270.11(d)(l) and 270.42, Appendix 1. Remarks ofthe Attorney General The State has chosen not to adopt or seek authorization for these provisions at this time. 

# xx. STANDARDS FORTHE MANAGEMENT OFWASTE FUEL AND USED OIL AND FORTHE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES E. State statutes and regulations provide used oil management standards for used oil generators, transporters, processors, re-refiners, burners, and marketers as indicated in Revision Checklists 112, 122, 130, and 166. Federal Authority: RCRA §§1004, 1006, 2002, 300.1-3007, 3010, 3014 and 7004; 40 CFR Parts 260, 261, 266 and 279 as amended September 10, 1992 (57 FR 41566), May 3, 1993 (58 FR 26420), June 17, 1993 (58 FR 33341), March 4, 1994 (59 FR 10550), May 6, 1998 (63 FR 24963), and July 14, 1998 (63 FR 37780). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements with the exception of several provisions, which are more stringent, and three provisions that are less stringent (See Revision Checklists 112 and 122). The state rule incorporates the federal used oil rules by reference then lists the state differences in each subsection throughout WAC 173-303- 515. The differences are discussed below. The state is more or less stringent as follows. (l) The state rule is more stringent because it does not have an analog to the federal exclusion at 261.4(b)( 13). (2) The state does not have an analog to 261.50), and is more stringent because it does not allow mixing of conditionally exempt small quantity generator waste with used oil. (3) The state is more stringent at WAC 173-303-515(3) than 279.10 because the state rule includes a statement

21

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•

• that "materials" do not include dangerous waste. Some things managed as used oil under the federal program must be managed as dangerous waste under the state rules. (4) The state rule is more stringent because 

### it does not have analogs to 279.10(b)(2). The state rule does not allow any mixture of characteristic hazardous waste and used oil to be managed as used oil. (5) The state rule does not have an analog to 279.10(b)(3). It is more stringent because it does not allow any mixture of conditionally exempt small quantity generator waste and used oil to be managed as used oil. (6) The state analogs to 279.10(c), WAC 173-303-515(3), are more stringent because the state rule states that "materials" do not include dangerous waste. (7) The state analog is more stringent than 279.12(a) because WAC 173-303-515(5) includes additional prohibitions at -515(a) through (e). (8) The state rule is more stringent because it does not have analogs to 279.21(a) and (b). The state rule does not allow mixtures ofused oil and hazardous waste to be managed as used oil. (9) The state analog to 279.22 is more stringentbecause WAC 173-303-515(6) contains two additional requirements. (10) The state rule is less stringent than 279.24(a)(2) and 279.24(b)(2) because WAC 173-303-515(6)(c) allows generators to self-transport quantities ofused oil greater than 55 gallons to a used oil collection center. (11) The state rule, at WAC 173-303-515(7), is less stringent than 279.31(a) because it allows used oil collection centers to accept quantities ofused oil greater than 55 gallons provided that certain requirements are met. (12) The state is more stringent than 279.45 because WAC 173-303-515(8) has additional requirements for an integrity assessment and repairs and improvements ifnecessary to protect public health and the environment. (13) The state is more stringentthan 279.52 because WAC 173-303-515(9) contains two additional provisions. One limits on-site storage without a permit to 90 days; the other is for an integrity assessment and repairs or improvements ifnecessary to protect the public health and the environment. The state analog to 264.1(g)(2) and 265.1(c)(6), WAC 173-303-600(5), is worded somewhat differently than the federal rule; however, they are equivalent. Also equivalent, but worded somewhatdifferently are 279.1 (WAC 173-303-515(2)) where the rule states that the term hazardous waste means dangerous waste and 279.11 (WAC 173- 303-515(4)) where the rule also incorporates 261.3(a)(2)(v). The state rule is equivalent to the federal requirements with the exception of one provision, which is more stringent (See Revision Checklist 130). The state does not have an analog to 279.1O(b)(2)(iii) and is more stringent because the state rule does not allow mixing of hazardous waste with used oil. All other analogs are incorporated by reference. The state rule is equivalent to the federal requirements (See Revision Checklist 166). The state analogs to 279.10(i), 279.22(d) and (d)(4), 279.45(h) and (h)(2), 279.54(g) and (g)(3), and 279.64(g) are incorporatedby reference at WAC 173-303-515(3), (6), (8), (9), and 10).

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• XXI. LAND DISPOSAL RESTRICTIONS T. State statutes and regulations contain treatment standards for hazardous wastes from the production ofcarbamate pesticides and from primary aluminum production; contain the treatment standards for hazardous wastes that exhibit the characteristic ofreactivity; and put back into place the LDR "Third Third" provisions for the treatment ofcertain wastewaters as indicated in Revision Checklist 151. These statutes and regulations also codify the Federal policy that combustion ofinorganic waste is an impermissible form of treatment as also indicated in this checklist. Federal Authority: RCRA § 3004(d) through (k), 3004(m); Public Law 104-119, 100 Stat. 830,40 CFR part 268 as amended April 8, 1996 (61 FR 15566 and 61 FR 15660); April 30, 1996 (61 FR 19117); June 28, 1996 (61 FR 33680); July 10, 1996 (61 FR 36419); and August 26, 1996 (61 FR 43924). CitationofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 151). The state has incorporated the requirements by reference at WAC 173-303-140(2)(a). U. State statutes and regulations provide for an extension ofthe national capacity variance for spent potliners from primary aluminum production (Hazardous Waste Number K088) so that K088 wastes do not have to be treated to meet LDR treatment standards until September 21, 1988, as 

### indicatedin Revision Checklists 155, 160, and 173. Federal Authority: RCRA §3004(d)-(k), and (m), 40 CFR 268.39(c) as amended January 14, 1997 (62 FR 1992), July 14, 1997 (62 FR 37694), and September 24, 1998 (63 FR 51254). Citation ofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

23• 

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• Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 173). Part 268 requirements are incorporated by reference at WAC 173-303-140(2)(a). The state is not seeking authorization for Revision Checklists 155 and 160. The state did not submit Revision Checklists 155 and 160 , Land Disposal Restrictions Phase III - Emergency Extension ofthe K088 Capacity Variance (62 FR 1,992 - January 14, 1997

. and 62 FR 37,694 - July 14, 1997) since these emergency extensions expired. V. State statutes and regulations prohibit the land disposal ofthe wood preserving waste F032, F034 and F035 by August 11, 1997, and also prohibit any soil and debris and radioactive waste mixed with above chemicals from land disposal effective May 12, 1999. In between these effective dates, mixtures may only be land disposed if the facilities follow certain procedures included in State statutes and regulations as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 268.30(a)-(e) and 268.40 as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 157). The federalrequirements are incorporatedby reference at WAC 173-303-140(2)(a). W. State statutes and regulations include revisions ofrecord keeping and paperwork requirements indicated in Revision Checklist 157. State statutes and regulations also include revisions to update the land disposal restrictions to better reflect the current program, as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 268.4(a)(2)(iv), 268.4(a)(4), 268.7(a)- (c)(2), 268.9(a), 268.9(d)(I)(ii), 268.32, 268.34-268.37, 268.44(0), and Part 268 Appendices I-III, VI, VIII and X, as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

24

### •

• Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 157). The federalrequirements are incorporatedby reference at WAC 173-303-140(2)(a). X. State statutes and regulations include revisions introducing polymerization as an alternative treatmentmethod as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 268.42 table 1 as amended May 12, 1997 (62 FR 25998).

.Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 

# •

• Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 157). The federal requirements are incorporatedby reference at WAC 173-303-140(2)(a). Y. State statute and regulations include revisions which indicate that the 

### de minimis provision applies to minor losses of characteristic wastes 

## as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 268.l(e)(4) as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 157). The federal requirements are incorporatedby reference at WAC 173-303-140(2)(a). 

### DB. [OPTIONAL: This. is a reduced requirement.] State statutes and regulations include revisions to the LDR treatment variances at 40 CFR 268.44, and specify that a variance may be granted when treatment to the level or by the method specified in the

.

25," 

# '. 

# •

•

• regulations either is not physically possible or is not appropriate under either technical or environmental circumstances as indicated in Revision Checklist 162. Federal Authority: RCRA 3004(m); 40 CFR 268.44(a), 268.44(h), and 268.44(m) as amended December 5, 1997 (62 FR 64504). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 162). Part 268 requirements are incorporated by reference at WAC 173-303-140(2)(a). Note that this checklist contains non-delegable provisions at 268.44(a), which the state did not adopt and is not seeking authorization for. 

## cc. [OPTIONAL: This is a reduced requirement.] State statutes and regulations require that owners and operators seeking a post-closure permit have to submit only that information required by 40 CFR270.28 as indicated in Revision Checklist 174. Federal Authority: RCRA §3006; 40 CFR 270.14 and 270.28 as amended October 22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state did not adopt, nor is it seeking authorization for these federal requirements (See Revision Checklist 174). DD. State statutes and regulations include prohibitions and treatment standards for metal constituents in all hazardous wastes including the toxic characteristic wastes as indicated in Revision Checklists 167 A and 179. Federal Authority: RCRA §§3004(g)(4) and (m); 40 CFR 268.2(i), 268.3(d), 268.34, 268.40(e)&(h), 268.40 table, and 268.48 as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408).

26

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• Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 167A). The state has incorporated Part 268 by reference at WAC 173-303- 140(2)(a). The state rule is equivalent to the federal requirements (See Revision Checklist 179). The state has incorporatedPart 268 by reference at WAC 173-303-140(2)(a). EE. State statutes and regulations include treatment standards for mineral processing wastes as indicated in Revision Checklist 167 A. Federal Authority: RCRA §§3004(g)(4) and (m); 40 CFR 268.40 and 268.48 as amended May 26, 1998 (63 FR 28556). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure ActRCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 167A). State analogs to Part 268 are incorporatedby reference at WAC 173-303-140(2)(a). FF. [OPTIONAL: This is areduced requirement.] State statutes and regulations include treatment standards for contaminated soils as indicated in Revision Checklists 167 B and 179. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 262.34(d)(4), 268.2(h), 268.2(k), 268.7(a)(l)-(6), 268.7(b)(l)-(3), 268.7(b)(4) intro & (b)(iv), 268.9(d)(2) intro, 268.9(d)(2)(i), 268.7(e), 268.44(h)(3)-(5), 268.49 as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). Citation ofLaws and**Regulation~;** Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

27JII 

# •

• Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 167B). The state has incorporated Part 268 by reference at WAC 173-303-140(2)(a). The state rule is equivalent to the federal requirements (See Revision Checklist 179). The state has incorporated Part 268 by reference. The state analog to 262.34(d)(4), WAC 173-303-201(2), is worded differently than the federal requirement; however it is equivalent. WAC 173-303-201(2) refers to WAC 173-303-200, which includes the specific analogous citationat WAC 173-303-201(l)(f). GG. State statutes and regulations include corrections and clarifications to the land disposal restrictions as indicated in Revision Checklists 167 C and 179. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.4(a)(2)(ii)&(iii), 268.7(a)(7), 268.7(b)(3)(ii)/Table, 268.7(b)(4)(iv)&(v), 268.7(b)(5)&(6), 268.40/Table, 268.40(e), 268.42(a), 268.45(a) intro, 268.45(d)(3)&(4), 268.48, 268 Appendices VII & VIII as amended May 26, 1998 (63 FR 28556), June 8, 1998 (63 FR 31266) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 167C). The state rule is equivalent to the federal requirements (See Revision Checklist 179). The state has incorporated Part 268 by reference at WAC 173-303-140(2)(a). HH. State statutes and regulations include a waste-specific prohibition and treatment standards for K169-K172 wastes under the land disposal restriction program, as indicated in Revision Checklist 169. Federal Authority: RCRA § 3004(g) and (m); 268.35 and 268.40, as amended August 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999' Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

28,

# ,



# . . 

# '.

•

• Remarks ofthe Attorney General The state rule is equivalentto the federal requirement (See Revision Checklist 169). The state has incorporated these requirements by reference at WAC 173-303-140(2)(a). 

### II. [OPTIONAL: This is a reduced requirement.] State statutes and regulations stay the May 26, 1998 Phase IV Land Disposal Restriction treatment standards for metal-bearing hazardous wastes which exhibit the characteristic oftoxicity, until EPA develops more consistent and comprehensive regulations for hazardous waste-derived fertilizers. In the interim, affected fertilizers are subject to the treatment standards that previously existed for toxic metals as specified on Revision Checklists 170 and 179. Federal Authority: RCRA §§3001 and 3004(d), 40 CFR 268.40(i), as amended August .31,1998 (63 FR 46332) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10, 2000 Remarks ofthe Attorney General. The state rule is equivalent to the federal requirements (See Revision Checklist 170). The state has incorporated Part 268 by reference at WAC 173-303- 140(2)(a). ' The state rule is equivalent to the federal requirements (See Revision Checklist 179). The state has incorporated Part 268 by reference at WAC 173-303- 140(2)(a). 

### JJ. State statutes and regulations provide revised treatment standards for seven carbamate wastes and extend indefinitely the temporary treatment standards; remove the treatment standard for one carbamate waste; delete certain carbamate wastes as underlying hazardous constituents; and extend for six months the temporary alternative treatment standards for the other 32 carbamate wastes as indicated in Revision Checklists 171 and 179. Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR 268.40(g)-G), 268.40/Table, and 268.48(a)/Table as amended September 4, 1998 (63 FR 47410) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000

29

# •

,

# . 

# •

•

• Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste RegulationsChapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklists 171 and 179). The state has incorporated Part 268 by reference at WAC 173-303-140(2)(a). KK. State statutes and regulations provide for an extension ofthe compliance date until November 26, 1998, for treatment standards for secondary lead slags that exhibit the toxicity characteristic for metals as indicated in Revision Checklist 172. Federal Authority: RCRA § 3004(d)-(k) & (m); 40 CFR 268.34(b) as amended September 9, 1998 (63 FR 48124). Citation ofLaws and Regulations; Date ofEnactment and Adoption Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklist 172). The state has incorporated Part 268 by reference at WAC 173-303-140(2)(a). LL. State statutes and regulations provide for interim replacement standards for spent potliners from primary aluminum reduction (EPA hazardous waste K088) as indicated in Revision Checklists 173 and 179. Federal Authority: RCRA §3004(d)-(k), and (m); 40 CFR 268.40, as amended September 24, 1998 (63 FR 51254) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalentto the federal requirements (See Revision Checklists 173 and 179).

.

30

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# . . 

# •

•

• XXIII. UNIVERSAL WASTES A. [OPTIONAL: This is a reduced requirement. However, to be authorized for the universal waste provisions, a State must adopt this requirement (i.e., the General Provisions) and 1) at least one ofthe universal wastes at Subsections XXIII B-XXIII D, and/or 2) the universal waste petitions provision.] State statutes and regulations provide hazardous waste management standards for the collection and management of certain widely generated wastes determined "universal wastes" as indicated in Revision Checklists 142 A and 176. Federal Authority: RCRA §§2002, 3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.5(c), 261.5(f)(3)(vi), 261.5(g)(3)(vi), 261.9 intro, 262.10(b), 262.11(d), 264.1(g)(ll) intro, 265.1(c)(14) intro, 268.1(f) intro, 270.1(c)(2)(viii) intro, 273.1(a) intro, 273.1(b), 273.5, 273.6, 273.10, 273.11, 273.12, 273.14 intro, 273.15- 273.31, 273.32(a)(1)&(2), 273.32(b), 273.34 intro, 273.35-273.70, as amended May 11, 1995 (60 FR 25492) and December 24, 1998 (63 FR 71225). Citation ofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 176). The state did not submit Revision Checklist 142A, Universal Waste: General Provisions (60 FR 25492-25551, May 11, 1995) as the state received authorization for these Universal Waste General Provisions on October 12, 1999, effective January 11,2000. 

### B. [OPTIONAL: This is a reduced requirement. However, this requirement and the requirements at Subsection XXIII A are necessary for authorization ofthis requirement.] State statutes and regulations include hazardous waste batteries as a universal waste as indicated in Revision Checklists 142 B and 176. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(a), 264.1(g)(l1)(i), 265.1(c)(14)(i), 266.80(a), 266.80(b), 268.1(f)(1), 270.1(c)(2)(viii)(A), 273.1(a)(1), 273.2, 273.6, 273.13(a), 273.14(a), 273.33(a), and 273.34(a), as amended May 11, 1995 (60 FR 25492) and'December24, 1998 (63 FR 71225). Citation ofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000

31. r

i

- 

### • • 

# . 

# •

•

• Remarks of the Attorney General The state rule is equivalent to the federal requirements (See Revision Checklist 176). The state did not completely revise its analogous provision to the new format found in the federal rule. However, the state rule remains equivalent since the federal revision did not create any new regulatory requirements. The state did make the clarification regarding regeneration. The state did not submit Revision Checklist 142B, Universal Waste: Specific Provisions for Batteries (60 FR 25492-25551, May 11, 1995) as the state received authorization for these Universal Waste General Provisions on October 12, 1999, effective January 11, 2000. F. [OPTIONAL: This is a reduced requirement. However, this requirement and the requirements at Subsection XXIII A are necessary for authorization ofthis requirement.] State statutes and regulations include spent hazardous waste lamps as a universal waste as indicated in Revision Checklist 181. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(b)-(d), 264.1(g)(11)(ii)-(iv), 265.1(c)(14)(ii)-(iv), 268.1(f)(2)-(4), 270.1(c)(2)(viii)(B)-(D), 273.1(a)(2)-(4), 273.2(a)(1), 273.2(b)(2)&(3), 273.3(a), 273.4(a), 273.5, 273.6, 273.7, 273.8, 273.9, 273.10, 273.13(d), 273.14(e), 273.30, 273.32(b)(4)&(5), 273.33(d), 273.34(e), 273.50, 273.60(a), and 273.81(a) as amended July 6, 1999 (64 FR 36466). Citation of Laws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements with the exception often analogs that are more stringent (See Revision Checklist 181). The state analogs are more stringent than the federal requirements at 260.10 defmition of universal waste, 261.9(b), 264.1(g)(1l)(ii),· 265.1(c)(14)(ii), 270.1(c)(2)(viii)(B), 273.1(a)(2), and 273.3(a) because the state does not allow pesticides to be managed as universal waste. The state analogs are more stringent than the federal requirements at 273.9 definition oflarge quantity handler ofuniversal waste, 273.9 definition of small quantity handler of universal waste, and 273.32(b)(5) because the state rule limits accumulationoflamps by small quantity handlers to 2,200 pounds.

32• I



## • • • 

# •

•

• The following state analogs are worded differently than the federal rule; however, they are equivalent. The state's definition of "lamp" at WAC 173-303-040 is worded differently than the federal definition at 260.10 and 273.9, and it includes an example to help the reader determine the weight of fluorescent tubes. The state's analogs to 273.13(d) and 273.33(d), WAC 173-303-573(9)(c) and 573(20)(c), clarify that a universal waste handler must store lamps that are accumulated in cardboard or fiber containers indoors. This is a clarification ofthe federal requirement that containers holding lamps must be stored so as to "lack evidence ofleakage, spillage or damage that could cause leakage under reasonable foreseeable conditions." The state's analogs to 273.13(d)(1) and 273.33(d)(1), WAC 173-303-573(9)(c)(i) and WAC 173-303-573(20)(c)(i), are written slightly differently; however their meaning has not been changed. Part 268.1(f) requirements are incorporated into the state rule by reference at 140(2)(a). XXIV. DELETED LEGALLY OBSOLETE RULES A. State statutes and regulations include changes to remove legally obsolete rules as indicated by Revision Checklist 144. Federal Authority: RCRA §§1006, 2002, 3001, 3002, 3004, 3005, 3007, 3013, 3018, 7004; 40 CFR261.31(a), 266.103(c)(5), 266.104(f)-(h), 270.2, 270.10(e)(4), 270.10(f)(2), 270.10(g)(1) as amended June 29,1995 (60 FR 33912). CitationofLaws and Regulations; Effective Date Hazardous Waste Management Act RCW 70.105.130; 1998 Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state rule is equivalent to the federal requirements with the exception offour analogs (See Revision Checklist 144). The state does not have analogs to the Part 266 Subpart H requirements because the state has not adopted the Part 266 BIF requirements. The state rule does not define "interim authorization", as the federal rule does at 270.2; however, the state rule is equivalent since this is a definition that is not a regulatory requirement. Permits by 

### Rule 

### Note that this entry isfrom the ConsolidatedAttorney General's Statement at VI/. REQUIREMENTS FORPERMITS B. Specific provisions amending 40 CFR Parts 124 and 270 since January 1, 1983 that are included in State statutes and requirements are indicated below. Also included are requirements for surface impoundments regarding RCRA 30050)(6)(A), 30050)(2)-(9) and 30050)(11). These latter requirements are not covered by a checklist.

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• (8) State statutes' and regulations require that in regard to permits by rule, VIC and NPDES permits issued after November 8, 1984, must comply with the requirements specified in 40 CFR 264.101 as specified in Revision Checklist 17 L and included in Consolidated Checklist C9. Federal Authority: RCRA 3004; 40 CFR 270.60, as amended July 15, 1985 (50 FR 28702). CitationofLaws and Regulations; Effective Date Hazardous Waste ManagementAct RCW 70.105.130; 1998 Hazardous Waste Cleanup

- Model Toxics Control Act RCW 70.105D.030(1)(d); 2000 Administrative Procedure Act RCW 34.05.365; 1999 Dangerous Waste Regulations Chapter 173-303 WAC; June 10,2000 Remarks ofthe Attorney General The state did not submit Revision Checklist 17L, HSWA Codification Rule (50 FR 28702-28755, July 15, 1985- corrective action) as the state received authorization for this checklist, effective November4, 1994. The state's permitby rule provision at WAC 173-303-802(5) is broader in scope than the federal requirement (See Consolidated Checklist C9). The state is submitting this provision for authorization following a rule change, which clarified that WAC 173-303- 802(5) applies only to state-only wastes. There is not an analogous provision in the federal rule. Authority for making this certification My authority for making this certification can be found at RCW 43.10.060 which authorizes the appointment of assistants to the Attorney General and provides those assistants with authority to perform the same activities the Attorney General is authorized to perform.



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