•

Christine O. Gregoire

ATTORNEY GENERAL-OF WASHINGTON

Ecology Division

2425 Bristol Court SW 2nd Floor • Olympia "VA 98502

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?]

•

•

TO:

FROM:

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 our telephone 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.

o

o

()
'.

•

•

•

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 greater than 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 of the 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

doublecheck this 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.

c

o
...

•

•

•

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 of July 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).
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 FR 25408 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.

cl

o

()
..

•

•

•

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.
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 266.1OO(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

o

o

o
. .

•

•

•

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) of the Resource Conservation and Recovery Act, as

amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.),

and 40 CFR 271 that in my opinion the laws ofthe State of Washington 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 ,.

•

•

•

I. IDENTIFICATION AND LISTING

A. State statutes and regulations contain lists of hazardous 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 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 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 in Revision Checklist 65.

Federal Authority: RCRA §3001(b); 40 CFR 261.3 and 261.4 as amended September 1,

1989 (54 FR 36592).

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 broader in scope than the federal requirement (See Revision Checklist

65). The state has not adopted the mining waste exclusion .

2
.., .

. .

•

•

•

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).

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 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 of the 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 of waste 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

3
•

•

•

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 of the 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 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 (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 incorporated by 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 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

4
•

•

•

Remarks ofthe Attorney General

The state rule is equivalent to 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 of the 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 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(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 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(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 de minimus wastewater exclusions (See Revision Checklist 169).

5
..

•

•

•

RR. [OPTIONAL: This is a reduced requirement.] State statutes and regulations

include an exemption 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 Management Act RCW 70.105.130; 1998

Hazardous Waste Cleanup - Model Toxics ControlAct 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 requirement (See Revision Checklist 169).

SS. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude

dredged material from regulation as a hazardous waste provided the material is subject to

the requirements of a permit issued under §404 of the Federal Water Pollution Control

Act or §103 of the 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 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(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 of Engineers

regulations: The state has excluded dredged materials only when they are subject to one

ofthe allowed permits/authorizations.

6
•

•

•

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 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 (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 in Revision 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 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 (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 in Revision Checklists 167 D and 179.

7
•

•

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 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 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 a reduced 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 indicated in Revision Checklist 167 F.

Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9)(iii) as amended May 26, 1998 (63

FR28556).

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 (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
•

i.

•

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(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 equivalent to the federal requirement with the' exception of one 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 SYSTEM AND RECORDKEEPING

G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide

that generators and transporters of hazardous waste are exempt from the RCRA manifest

system requirements for the transportation of hazardous waste on public or private rightof-ways on or along the border of contiguous properties, under the control of the same

person, regardless of whether the contiguous properties are divided by right-of-ways, as

indicated in Revision Checklist 156.

Federal Authority: RCRA § 3003 and 3004(y); 40 CFR 262.20(f) as amended on

February 12, 1997 (62 FR 6622).

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(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 requirement (See Revision Checklist 156)

because it includes a paperwork requirement for 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
•

•

•

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 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 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 FOR FACILITIES

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 permit terms 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 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

10
•

•

•

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 of one 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 of the 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 of a discharge of a 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).

Citation of Laws 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

11
•

•

•

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 five analogs, which are

more stringent and one that is broader in 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 transferred ranges 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 installation to another as indicated in 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 Management Act 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 stringent provision for 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.

12
•

•

•

Federal Authority: RCRA § 3001 and 3004; 40 CFR 266.205 as amended on February

12, 1997 (62 FR 6622).

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 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 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 did not adopt, nor is it seeking authorization for these federal requirements (See

Revision Checklist 174.)

13
•

•

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 of Subparts F, G, and H at certain regulated facilities, either permitted or interim

status, that appear to have released to the environment, if nearby 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 Management Act 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 of the 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 of enforceable document. The state definition

at WAC 173-303-040 of enforceable document is equivalent to the federal definition of

enforceable document at 40 CFR 270.1(c)(7). Although the definitions are equivalent,

use of the 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
•

I.

•

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/or post-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 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 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 prohibited by 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 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 (See Revision Checklist 175).

The state has incorporated the staging pile requirements by reference .

15
•

•

•

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 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 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 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

16
•

•

•

Remarks of the Attorney General

The state rule is equivalent to 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 requirement unless a Part B

application and certification of compliance 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 Waste Management Act 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 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 Management Act 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 17P).

17
I.

•

•

(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 Management Act 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 17P).

E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow

facilities to qualify for interim status if they (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 of Laws and Regulations; Effective Date

Hazardous Waste Management Act 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) if they were previously denied a Section

3005(c) permit or if authority to operate the facility has been terminated as indicated in

Revision Checklist 17 P.

18
j

•

•

•

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 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 17P).

I. State statutes and regulations require:

(1) Surface impoundments in existence on November 8, 1984 [or subsequently

becoming subject to RCRA pursuant to §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 exemption under §3005(j). (Referred to a "SRI")

Federal Authority: RCRA §3005(j)(l)&(6)(A).

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(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.

19
•

•

•

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 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(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 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 if certain 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 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 (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 of hazardous remediation waste at remediation waste management

sites, as indicated in Revision Checklist 175.

20
•

•

•

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 of Laws 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 equivalent to 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 FOR THE MANAGEMENT OF WASTE FUEL AND USED

OIL AND FOR THE 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 Management Act 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
•

•

•

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 of used oil and hazardous waste

to be managed as used oil. (9) The state analog to 279.22 is more stringent because 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 of used 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 of used 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 if necessary to protect public health and the

environment. (13) The state is more stringent than 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 if necessary 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 somewhat differently 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 incorporated by reference at WAC 173-303-515(3), (6), (8), (9),

and 10).

22
•

•

•

XXI. LAND DISPOSAL RESTRICTIONS

T. State statutes and regulations contain treatment standards for hazardous wastes from

the production of carbamate pesticides and from primary aluminum production; contain

the treatment standards for hazardous wastes that exhibit the characteristic of reactivity;

and put back into place the LDR "Third Third" provisions for the treatment of certain

wastewaters as indicated in Revision Checklist 151. These statutes and regulations also

codify the Federal policy that combustion of inorganic 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).

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 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 of the 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 indicated in 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
•

•

•

•

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 of the 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 Management Act 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 incorporated by reference at WAC 173-303-140(2)(a).

W. State statutes and regulations include revisions of record 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 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(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 federal requirements are incorporated by reference at WAC 173-303-140(2)(a).

X. State statutes and regulations include revisions introducing polymerization as an

alternative treatment method 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 Management Act 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 incorporated by 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 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 (See Revision Checklist 157).

The federal requirements are incorporated by 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 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(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 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(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
•

•

•

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(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 incorporated Part 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 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 (See Revision Checklist 167A).

State analogs to Part 268 are incorporated by reference at WAC 173-303-140(2)(a).

FF. [OPTIONAL: This is a reduced 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 of Laws and Regulation~; 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

27
JII

•

•

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 citation at 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 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(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 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 of Laws and Regulations; Effective Date

Hazardous Waste Management Act 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 equivalent to 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 of toxicity, 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 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(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 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

29
•

,

.

•

•

•

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 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 of the 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 of Laws and Regulations; Date ofEnactment and Adoption

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 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 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 (See Revision Checklists 173 and

179). .

30
• ..

•

•

•

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 of the 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 of this 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 '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

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 of this 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 of ten 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 of large quantity handler of universal waste, 273.9 definition of small

quantity handler of universal waste, and 273.32(b)(5) because the state rule limits

accumulation oflamps 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 of the federal requirement that containers holding lamps

must be stored so as to "lack evidence of leakage, 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).

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 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 is from the Consolidated Attorney General's Statement at VI/.

REQUIREMENTS FOR PERMITS

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.

33
.. 'i

•

•

(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).

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 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 November 4, 1994.

The state's permit by 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.

•

COLLEEN G ARREN

Assist~rneyGeneral

Date: #1r 3tj ;;ltJtJ/

34