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• WASHINGTON STATE DEPARTMENT OF ECOLOGY



# Hazardous Waste and Toxics Reduction Program 

# Program Description

June 

## 2001

# • Dangerous Waste Rule Amendments

- Effective June 2000 This section precedes the Table ofContents to the Program Description Revised in April 2001. It shows the significant federal hazardous waste rules that were adopted in 2000 that are included in this Revision Authorization Application. The right-mostcolumn lists the Part and Section in this Program Description where theparticularrule is discussed. The list is followed by a copy of the Focus sheet thathighlights some ofthese and other state-initiated rule changes that were adopted in June 2000. This Focus sheet was made available at the time the rule amendments were adopted. The entire Program Description was reviewed inApril, May, and June 2001. Those sections that were revised at that time show a new date of4/15/01 or later. Sections that did not need to be revised have anearlierdate in each section heading reflecting the last revision.



### Locations ofInformation Addressing SignificantNew Regulations Revision Checklist Number Federal Requirement FR Reference & 

### Date Part:Section
112 - Recycled Used Oil Management Standards 57 FR 41566 9/10/92 I:ill:F.3 

# • 148 - RCRA Expanded Public Participation 60 FR 63417 12/11/95 I:ill:E.l II:ill: C 151 - Land Disposal Restrictions Phase ill 61 FR 15566 4/8/96 I:ill:B.5 DecharacterizedWastewaters, Carbamate Wastes, I:ill:E.7 and Spent Potliners and 151.1 through 151.6 154 • Organic AirEmission Standards for 61 FR 59932 11/25/96 I:ill:E.5 Tanks, Surface Impoundments, and Containers and 154.1 through 154.6 156 - MilitaryMunitions Rule 62 FR 6622 2/12/97 I:ill:F.2 157 • Land Disposal Restrictions

-- Phase IV 62 FR 25998 5/12/97 I:ill:B.5 I:ill:E.7 162 - Clarification ofStandards for Hazardous 62 FR 64504 12/5/97 I:ill:B.5 Waste Land Disposal Restriction Treatment I:ill:E.7 Variances 

# • 163 • Organic AirEmission Standards for Tanks, 62 FR 64636 12/8/97 I:ill:E.5 Surface Impoundments, and Containers

--------------- Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section dedgnuted by 11capital letteris dated separately, See Section He-dding.

. fur most recent update.

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167 - Land Disposal Restrictions Phase IV 63 FR 28556 5/26/98 I:ill:B.5 

# CJ Treatment Standards for Metal Wastes and I:ill:E.7 Mineral Processing Wastes; Treatment Standards for Hazardous Soils, and Exclusion ofRecycled Wood Preserving Wastewaters 

### 174 - Post-Closure Requirements and 63 FR 56710 10/22/98 I:ill:G.6 Closure Process 

### 175

- HWIR-Media 63 FR 65874 11/30/98 I:ill:G.6 

### 177 - Organic Air Emission Standards 64 FR 3382 1/21/99 I:III:E.5 II:II 

### 180 -Test Procedures for the Analysis ofOil 64 FR 26315 5/14/99 I:ill:F and Grease and Non-PolarMaterial 

### 181- Universal Waste Rule for HW Lamps 64 FR 36, 466 7/6/99 I:ill:F.l C9 - For Permitby Rule for Reauthorization II:IV:A 

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Program Description- Washington Department ofEcology Hazardous Waste Progn um Note: Each section designated by a capital letter is dated separately, See Section**Headin~s** for most recent update.

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• Focus ...-.------------- WAS HI N 6 TON S TAT E 

# Dangerous Waste Regulation Amendments
o EPA R T MEN T 0 F 

# EffectiveJune 10,· 2000 

# ECOL 0 GY Purpose ofthe Amendments The Washington State DepartmentofEcology (Ecology) recently finalized changes to the Dangerous Waste Regulations (Chapter 173- 303 WAC) for management ofhazardous wastes in Washington. One ofthe primary purposes of the rule making was to incorporate federal requirements into the State's rules. Ecology is authorized by the Environmental ProtectionAgency (EPA) to implement the federal hazardous waste rules in Washington and, to ensure consistency, must periodically update the rules by adopting new federal requirements. These changes provide consistencywith the federal hazardous waste rules. Two key changes thatwentbeyond the scope of the federal program are improvements to the regulation ofboth fertilizers and the transportation ofdangerous wastes inWashington State. 

## Highlights ofthe Changes Incorporation offederal hazardous waste rules: 

### A new category ofwastes was added to the Universal Waste Rule. Lamps that designate as dangerous wastes, including, butnotlimited to fluorescent, high intensity discharge, and neon lamps may now be managed as universal waste. Ecology adopted a lower accumulation amount for large quantity handlers oflamps than for other universal wastes, 2,200pounds rather than 11,000. Thisis because lamps are more fragile thanbatteries and thermostats and may pose management problems inlarger quantities. Ecologyproposed to allow crushing under the universal waste rule, butbased on comment and new information, thatpart of the proposal was withdrawn andthe final universal waste rule does not allow crushing.
(l)May 2000

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Program Description- WashingtonDepartment of Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated .separately. See Section Headings (or most recent update.

### • Ecology adopted a used oil rule that differs in some ways from the federal rule. Differences includeprohibiting mixing of dangerous wastes with used oil, and allowing generators to transport more than 55 gallons ofused oil to collection centers. thatmeet certain requirements withoutobtaining an EPA/IdentificationNumber. Ecology also clarified thatmetalworking fluids formulated with chlorinatedparaffins cannotbe managed as used oil ifburned for energyrecovery.

• Other changes include adoption ofPhase III andIVLand Disposal Restriction (LDR) standards. These rules are nearly identical to the federal rule. Ecology does not exclude mining wastes and so did not adoptrelated amendments. A requirement for tank and secondary containment assessments was added to the wood preservingwastes exclusionwhen there is a threat to public health or the environment.

• SubpartCC air emission standards were adopted. These include some changes to Subparts AA and BB thatwill affect certain generators. The state version ofthe rule is identical to the federal rule.

• Portions oftheHWIR (Hazardous Waste IdentificationRule) Media and Post-Closure Rules have been adopted to facilitate corrective actions. These changes provide more flexibility in 

### implementing efficientcleanups while providing the same level ofprotection. Ecology clarified State corrective action requirements by modifying the definitions of "facility" and "dangerous constituent," and adding specific citations to the Model Toxics Control Act, Chapter 173-340 WAC, rather than a general performance standard thatcorrective actions must meet.

• Ecology adopted most ofthe federal Military Munitions Rule without any changes. Three differences from the federal rule are as follows. Ecology adopted a modified version of the federal exclusion from the manifestfor wastes transported along a public right ofway within or along the border of contiguous property. A manifestwill notbe required as long as the facility has an alternative mechanism thatEcology has approved. This modified exclusionis notlimited to use by the military. Ecology did not adopt EPA's manifestexclusionfor munitions transported between military installations. Finally, Ecology clarified that munitions left on closed or transferred ranges are solid wastes.

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Prognun Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated bya capital letteris dated separately, See Section Headings for most recent update. 

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• State-initiated changes:



### • Transporterrequirementswereimprovedby providing foradditional protectionofpublichealthand the environment. A transferfacilityowneror operatorisnowrequired toregisterwithEcology andis subject to additional operating standards suchas containermanagement, facilityinspections, and maintaining 10day storagerecords. • Fertilizers madefrom steel mill flue dust (K061) are no longerexemptfrom meetinglanddisposalrestriction standards (LDRs). Fertilizersmade from K061 willnowhave to meetthe LDRs before theycan be applied to the land. Ecology also adoptedEPA's stayof the PhaseIV LDRstandards for zinc fertilizers. Zinc fertilizers, includingthose madefromK061,are subject to the earlierPhase ill 

### LDRstandards.

• .Ecologyincorporated fertilizer application-review criteriainto regulation. These criteria are usedto review applications forwaste-derivedfertilizers. The criteria, whichwerepublishedin the State Registerin 1998,werefirst usedin 1999to evaluate applicationsfor fertilizer registration. Those criteria weremodified slightlyfor the final rule.

.. • Ecology clarified thatfertilizers madefrom state-onlywastes are subject to federal land disposalrestrictions, whereapplicable, before they can be used

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ProgramDescription-Washington Department ofEcology HazardousWaste Program Note: Each section designated byacapital letteris dated separately. See Section Headings (or most recent update.

### For More Information 

### You mayview the adopted version of theregulations and the Concise ExplanatoryStatementand Responsiveness Summaryin whichEcology responded to publiccomments at**http://LVww.wa.gov/ecolo~!leVactivihtlwac173303.Jztml.** 

### The ConciseExplanatory StatementshowsrulelanguagechangesEcology madebetweenproposal and adoption. The adoptedversionof the ruleis a strikeoutandunderline versionof the rulechanges. The final, or codified, versionof the rule, in whichall changeshavebeen incorporated, willbe available on Ecology'sWeb site inJune at http://ww'A'wa.gov/ecology/biblio/wacl73303.html. 

### If

### youwouldlike to receive acopyof the regulations, pleasecontactDave Zink

### byphone at (360) 407-6752, 

### e-mail dzin461@ecy.wa.gov, 

### or youmaywrite to: DangerousWasteRegulations DepartmentofEcology HazardousWaste andToxicsReductionprogram PostOffice Box47600 

### Olympia, WA 98504-6117

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Program Description- Washington Department ofEcology Hazardous Waste Program

.Note: Eachsection designated byacapital letteris dated separately. See Section Headings ror most recent update. 

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.- TABLE OF CONTENTS (last changes/corrections to ProgramDescription: 6/12101)



### PART I REGULATORY RULES AND PROCEDURES I. Introduction !' ••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••• • • • • • • • • • • • • • • • 

### 12 A. 

### Scope B. 

### Coverage C. 

### Summary ofProgram Goals and Regulatory Implementation D. Puyallup Reservation Non-trustLands Within the 1873 Survey 

### Area II. Regulatory Summary and History 14 A. History Leading to Base Program Authorization B. General Outline ofWashington's Base Authorized Program 1. 

### Designation Summary 2. Waste Tracking Summary 3. EHW (extremely hazardous waste) and TSD (treatment, storage, and disposal)

. Facilities

4. Regulatory Reform Project C. 

### HSWA (Hazardous and Solid Waste Amendments) D. Routine Updating for Federal Consistency 

### III. Detailed Outline ofAmended Washington State Dangerous Waste Regulations 18 A. 

### Waste Designation Regulations 1. Designation Lists 2. Designation Characteristics 3. State Criteria a. When to Designate for Criteria b. How to Designate for Criteria 4. Special Wastes 5. Mixed Wastes 6. Exempting and Excluding Wastes 7. Waste Designation Federal Equivalency and Routine Updating 

### B. .Regulations Pertaining to Generators 1. General Summary 2. Accumulation ofHazardous Wastes for Short Periods 3. Manifests 4. Annual Reporting and Record Keeping 5. Land Disposal Restrictions 6. ForeignExporting 7. Exemptions 8. Reduced Requirements for Medium Quantity Generators and ConditionallyExempt Generators a. MQG (medium quantity generators) Reduced Requirements 7
Program Description- Washington Depurtnjent ofEcology Hazardous Waste Program Note: Each section**designal~** by a**capitalle~ter** is dated separately. See Section Headings for most recent update.b. SQG (small quantity generators) Conditional Exemption C. 

### Regulations Pertaining to Hazardous Waste Transporters D. Regulations Pertaining to Recycling Facilities E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities 1. General Regulations 2. Siting Rules 3. Tank Standards 4. GroundwaterMonitoring 5. Organic Air Emission Standards 6. Foreign Waste Importation Rules 7. LandDisposal Restrictions 8. Permitting Requirements 

### F. Other Generator, Transfer/Transporter, and TSD Requirements 1. Universal Wastes 2. Military Munitions 3. Used Oil 4. Fertilizer G. Corrective Action Authorization 1. Federal Regulations for Corrective Action 2. Alternative Authorities Initiative 3. Washington's Model Toxics Control (MTCA) Act 4. Prioritizing Corrective Action Work 5. Cost Recovery 

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IV. Public Involvementand Availability ofInformation to the Public 37 V. Revision of the State Program 38 A. Statutory changes B. Regulatory changes



### PART II PERNIITTING REGULATIONS AND PROCEDURES I. Introduction 39 

### II. Interim,Status Permits- Existing Treatment, Storage and Disposal Facilities (TSD) ..... 40 III. Final Status Facility Permits

.. 40 A. General Information B. Final FacilityPermitRegulations C. New Facility Permit- Additional Requirements 

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IV. OtherTypes ofDangerous Waste ManagementFacilityPermits 42 A. Permit by Rule

- B. Emergency Permit C. Trial Burns Permit (forDW (dangerous waste) IncineratorFinal Facility Permit) 

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Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings ror most recent update.

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.- D. Demonstrations Permit (for Dangerous Waste LandTreatmentFinal Facility Permit) E. Research, Development, and Demonstration Permit V. Permit Modifications 44 VI. Permit Review and ApprovallDenial Process for Existing and New TSD Facilities ..... 44 A. Ecology Review and Approval/Denial B. Judicial Review ofPermits PART III COMPLIANCE MONITORING AND ENFORCEMENT I. Authority 52 II. Facility 

### Inspections/Visits (With & Without Target Numbers) and Selection Criteria S3 A. Introduction B. Mandatory Inspections C. Non-Mandatory Inspections/Visits 1. State Priority Inspections 2. Compliance Assistance Visits a. New Notifier Visits b. Increased Generator Contact Visits c. Joint Site Visits d. Small Quantity Generators e. Focused Industry Campaigns 3. MultimediaInspections 4. Criminal Investigations D. Corrective Action Compliance Monitoring 1. Corrective action compliance monitoring inspections 2. Comprehensive groundwatermonitoring evaluations 3. Operation and maintenance inspections 4. Case developmentinspections 5. Compliance schedule inspections III. Enforcement Procedures · 57 A. Informal Enforcement B. Formal Enforcement 1. Administrative orders 2. Agreed Order 3. Consent Decree 4. Injunctive Relief 5. Penalties C. Criminal Prosecution IV. Appeals and SettlementProcedures 60 A. Appeals Process 9
Program Description- Washington Department of Ecology Hazardous waste Program Note: Each section designated bya capital letter is dated separately. See Section Headings rer most recent update.1. Application for Relief 2. Appeal to the Pollution Control Hearings Board (PCHB) B. Innovative SettlementProcedures

. 1. Innovative Enforcement Settlement Guidelines 

### V. House Bill 1010 

### (RCW 43.05)- Technical Assistance Programs 62 A. Purpose ofHB 1010 B. Provisions of HE 1010 

### PARTIV DATA COLLECTION AND MANAGEMENT I. RCRA Information Management 65 II. Hazardous Waste Annual Reporting 65 A. Previous Hazardous Waste Reporting System (Form 41F0nn 5) B. New Hazardous Waste Reporting System 

### III. Other Important Data Systems 67 A. Institutional Memory B. Monthly ReportDatabase C. Pollution Prevention Opportunities Database 

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IV. Regulated Community Data Estimates 70 A. Number ofNotifiers by Activity Reported B. Amount ofWaste Treated, Stored, and Disposed 

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PART V AGENCY STRUCTURE, BUDGET, AND RESOURCE ASSESSMENT I. Agency and Hazardous Waste Program Organization and Responsibility 71 A. Department ofEcology Organization B. HazardousWastelToxics Reduction Program (HWTR) Responsibilities & Organization 1. Responsibilities and Tasks a. Compliance Monitoring and Enforcement b. Voluntary Compliance andEducation c. Promotion ofPollution Prevention and Toxics Reduction d. Develop and Maintain Information DataManagement and Reporting 2. HWTR Organization a. Headquarters Sections Organization b. Regional Sections Organization 

### II. Hazardous Waste and Toxics Reduction (HWTR) Program Funding Sources 79

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### III. Program Planning Process 79

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Program Description- Washington Depurtrrent of Ecology Hazardous Waste Program Note: Each section designated bya capital letter is dated separately. See Section Headings Cormost recent update.

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• TABLES Table 

### 1. Permits for Hazardous Waste Facilities Table 2. Funding Profile for the 1995-97 Biennium (July 1, 1995 - June 30, 1997)



### FIGURES Figure 

### 1. Basic Federal and State Dangerous Waste Designation Flow Chart Figure 2. Additional State Dangerous Waste Designation Flow Chart Figure 3. Traditional andExpeditedPermitProcesses Figure 4. Washington State Department ofEcology (Organizational Chart) Figure 5. Hazardous Waste and Toxics Reduction Program- Headquarters Staff Figure 6. Hazardous Waste and Toxics Reduction Program- Regional Staff



### APPENDICES Appendix 

### 1. HWTR Compliance Assurance Policy 

### .Table 1. 

### Determination ofPenalty Amount Appendix 2. Department ofEcologyInnovative Settlement

- Policy Guidance Appendix 3. HWTR ReportForm forFacility Technical Assistance Visits and Compliance _Inspections Appendix 4. Resource Conservation and Recovery Act Information System (RCRAInfo) Information Letter ofAgreement (Draft) Appendix 5. Memos Addressing the Applicability of HB 1010

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ProgramDescription- Washington Depumrent ofEcology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.

### PART I REGULATORY RULES ANDPROCEDURES

I. Introduction A. Scope (last update: 5115/98) This program description is the core of the State ofWashington's application for authorization of the "Hazardous Waste ManagementProgram" which is operated by The Department of Ecology (Ecology). The Hazardous Waste Management Program was developed, and is continually evolving, to provide acomprehensive program that is equivalent to, consistent with, and at least as stringent as the Federal RCRA (Resource Conservation and Recovery Act) program. The authorized State regulatory program is intended to operate in lieu of all portions of the Federal RCRA program for which the State has been authorized. Some of EPA's rules promulgatedpursuant to RCRA have not yet been adopted by the State; however, Ecology will continue to work towards adopting remaining RCRA regulations according to schedules mutually agreed upon between Ecology and EPA. 

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All persons who generate, transport, transfer, recycle, treat, store, or dispose of dangerous wastes, .as defined in the Dangerous Waste Regulations, Chapter 173-303 Washington Administrative Code (WAC), are effected. The primary purpose of the Dangerous Waste Regulations is to 

# 0 protect public health and the environment from impropermanagement of dangerous waste. The State program, administered byEcology, has regulatory authority over nearly all areas of dangerous waste management, including notification, inspection, monitoring, permitting, compliance monitoring, manifest tracking, corrective action andenforcement. 

### B. Coverage (last update: 4115/01) Ecology amended its regulations in June 2000 to update the Federal portions of the State rules to be consistent and equivalent to RCRA, and to improve some of the "State-only" portions of the rules. As indicated in the summary and details below, many of the concepts developed for the 1980 rules remain essentially the same. Some areas, such as the listing approach and standards for dangerous waste management (Treatment, Storage, and Disposal or TSD) facilities are. directly from RCRA, while others reflect differences in Ecology's rule from the federal program. Ecology routinely reviews its State-only requirements to determine where changes are necessary to ensure environmental protection andwhere the regulatory burden can be reduced while . maintaining protection ofhuman health and the environment. 

### ,C. Summary ofProgram Goals and Regulatory Implementation (last update: 5110/96) This Program Description explains the goals ofEcology's Hazardous Waste Program and provides details on the regulatory framework for achieving those goals. In summary, the regulatory structure, codified as Washington Administrative Code (WAC) 173-303, is designed 

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Program Descriptkm- Washington Departrrent of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings tor most recent update.

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• to achieve the following: (a) Designate those solid wastes that are dangerous or extremely hazardous to public health and the environment; (b) Provide for proper management ofdangerous wastes until they are recycled, reclaimed, treated, or disposed of safely; (c) Encourage recycling, reuse, reclamation, and recovery ofdangerous wastes to the maximum extent possible; (d) Provide a manifest system for tracking, reporting, monitoring, record keeping, sampling, and labeling of dangerous wastes; (e) Establish requirements for the siting, design, operation, and monitoring ofdangerous waste managementfacilities; (f) 

### Establish and administer a program for permitting dangerous waste management facilities;**~d** . 

### (g) Provide for enforcement against persons who violate the requirements of the act and the Dangerous Waste Regulations. 

### D. Puyallup Reservation Non-trust Lands Within the 1873 Survey Area (last update: 4/15/01) "1 

### The State's authorized program was revised in 1998 to include the non-trust lands within the 1873 Survey Area of the Puyallup Reservation pursuantto the August 27, 1988 settlement agreement between the Puyallup Tribe, Federal, State, and local governments (Settlement Agreement), ratified by Congress and incorporated inFederal law on June 21, 1989 as the Puyallup Tribe ofIndians Settlement Act of 1989, 25 USC Sections 1773, et. seq. (Settlement Act). The State carries out all aspects of the authorized dangerous waste program subject to the limitations below. The State authorized program that is implemented on the non-trust lands within the Puyallup reservation includes waste designation requirements; generator, transporter, and recycling requirements; treatment, storage, and disposal (TSD) facility requirements; permitting procedures; corrective action requirements; and compliance monitoring and enforcement procedures. The State authorized dangerous waste program is subjectto the following limitations: The authorizedprogram does not extendto Indians or Indian activities within the 1873 survey area. EPA retainsprimary responsibilityfor implementingRCRA on the trust lands, andoverIndians and Indian activities on the non-trust lands within the 1873 survey area. .... EPA and Ecology have developed an implementation strategy (part of the Memorandum of Agreement Addendum dated May 1998) that will be used to communicate changes injurisdiction. from Ecology to EPA, or from EPA to Ecology. The "Implementation Strategy for Lead Regulatory Agency Changes" will be used to facilitate information sharing and communicating 13
Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated byacapital letteris dated separately. See Section Headings for most recent update.jurisdictional changes on the non-trust lands within the 1873 Survey Area of the Puyallup Reservation. The State will participate in providing intergovernmental consultation and coordination of federal, tribal, state and local governmental environmental laws pursuant to the January 13, 1997 Intergovernmental Agreement among the Puyallup Tribe of Indians, the Washington State Department of Ecology, and the US Environmental Protection Agency (Intergovernmental Agreement). 

### II. Regulatory Summary and History A. History Leading to 

### Base Program Authorization (last update: 5/10/96) In orderto implement a legislative mandate set forth in the Washington HazardousWaste Disposal Act of 1976 (amended in 1980), [Chapter70.105RCW (Revised Code of Washington)], the Washington Department ofEcology adopted hazardous waste rules in late 1977. These rules, adopted as Chapter 173-302 WAC (Washington Administrative Code), empoweredEcology to define, track, and regulate the disposal ofextremely hazardous wastes. While the legislation established anothercategory of wastes, called dangerous wastes (DW), Ecology, at that time, was not authorized to regulate such wastes. In May of 1980, the United States Environmental Protection Agency (EPA) promulgated federal hazardous waste regulations.in orderto implementa federal mandate set forth in the 1976 amendmentto the federal SolidWaste Disposal Act (this amendment is known as the Resource Conservation and Recovery Act, or RCRA). Federal RCRA requires EPA to develop nationwide standards for controlling hazardous waste handling, transportation, treatment, and disposal. It also requires that states that want to operate the federal hazardous waste program, known as "authorized" state programs, must adopt state regulations that are "essentiallyequivalent" or "consistent and equivalent" to EPA's rules. Federal hazardous waste rules were set forth in 40 CFR (Code of Federal Regulations) Parts 260-268. Procedures and requirements for authorization are found in 40 CFR Part 271. EPA authorizes state programs that are equivalent to the federal program and may authorize state programs, or portions thereof, that are more stringentthan the federal program. EPA cannot authorize state programs, or portions thereof, that are broader in scope than the federal program. In 1980, the Washington State Legislature amended the Hazardous Waste Disposal Act to give Ecology authority to regulate dangerous waste as well as extremely hazardous waste, and to gain federal authorization for the State's RCRA hazardous waste programfrom EPA. In September 1980, Ecology began the process ofreplacing its 1977 regulations (chapter 173-302 WAC) with new "consistent andequivalent" rules that would allow the state to gain EPA authorization to operate a hazardous waste program. As part of the authorization process, Chapter 173-302 WAC was officially repealed and replaced with Chapter"173-303 WAC, the Dangerous Waste Regulations, on February 3, 1982. In 1983, 1984, and 1985 the Legislature increased Ecology's authority to develop and implement aprogram consistent with RCRA. By concentrating on rule developments necessary to be consistent with Base RCRA (pre- 1984 HSWA (Hazardous and SolidWaste Amendments)), Washington received final authorization for the RCRA program on January 30, 1986 (see Federal Register 51 FR 3782). 14
ProgramDescription.Washington Department of Ecology Hazardous WasteProgram Note: Each section designated by a capital letter is dated separately. See Section Headings for most recentupdate. 

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# • B. General Outline ofWashington's Base Authorized Program (last update: 5/10/96) 

### In broad terms, the purposes of the Dangerous Waste Regulations are: to implement the legislative mandate to operate a 

### State program for controllingDangerous Waste (DW) (lower risk) and Extremely Hazardous Waste (EHW) (higher risk) that is consistent with federal regulations; to provide a means ofdefining and designating DW and EHW that is consistent with federal regulations; to establish a system for tracking DW and EHW shipments consistent with federal regulations; to develop federally consistent standards for propertreatment, storage, and disposal of DW and EHW; and to allow issuance of federally consistent permits to facilities that . treat, store, and dispose of DW and EHW.



### 1. Designation Summary While the State Dangerous Waste Regulations are consistent with federal regulations, the "degree of risk" classification system and rules for anEHW facility at Hanford are unique to Washington state. Prior to 1981, Ecology identified dangerous wastes according to the degree of hazard posed by a waste to the public health and the environment. The waste classification system implemented by Ecology to designate that degree of hazard included assessing wastes by three criteria: their level of toxicity, persistence in nature, and potential carcinogenic risk (note: the carcinogenicitycriteria was dropped in the November 1995 rule revisions- see below), as well as their tendency to ignite, corrode, and explode, or to fail EPA's toxicity test. When the State of Washington replaced its 1978 regulations regulating dangerous waste (Chapter 173-302 WAC) with new regulations (Chapter 173-303 WAC) designed to be at least as stringent as federal RCRA standards, these three criteria were added to the federal lists and characteristics (these characteristics included the tendency to ignite, corrode, explode, plus the tendency to leach certain chemicals to groundwater) as additional ways to designate wastes, resulting in more wastes being classified as dangerous than using the federal approach alone. Depending on the amount ofhazardous waste generated or stored by hazardous waste generators, they may qualify forreduced regulatory requirements. The term quantity exclusion limit (QEL) is used to signify the maximum amount of a waste that can be generated or stored and still qualify the generator for a given category ofreducedregulatoryrequirements. These are discussed in Section 

### m.B. below (Regulations Pertaining to Generators). The federal term "acutely hazardous waste" and the State term "Extremely Hazardous Waste" (EHS) are important in making QEL determinations. Acutely Hazardous Waste is defined as any discarded chemical products (listed in WAC 1734-303-9903) that are identified with a dangerous waste number beginning with a "P" (P-listed waste), or one of the following dangerous waste sources (listedin WAC 173-303-9904): F020, F021, F022, F023, F026, or F027. While P-listed wastes are designated "DW" they must also be identified as "acutely hazardous"; they have a generation QEL of 2.2 pounds per month. "Extremely Hazardous Waste is a State designation term. It applies to those dangerous and mixed wastes that designate as extremely hazardous under the State-only dangerous waste criteria specified in WAC 173-303-100; essentially they are highly toxic or highly persistent wastes. Toxic criteriaEHW has a generation QEL of 2.2 pounds per month, while persistence criteriaEHW has a generation QEL of 220 pounds per month. . 

### 2. Waste Tracking Summary Washington's Dangerous Waste Regulations have based the tracking ofdangerous wastes, asthey 15
Program Description- washington Department or Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.. --. -.**-----~_** ...**-.--~~**

move from the generator to a final disposal site, on the use of a manifest system. These tracking regulations differ very little from the federal tracking system standards. The manifest, prepared by the generator, states the type, amount, origin, transporter, and final deliv.ery point for a dangerous waste shipment. The manifest must be signed by the operatorof the disposal site and returned to the generator to signify acceptance of the waste shipment. If the generator does not receive a signed manifest copy from the disposal site within a specified time, Ecology must be notified. Ecology then initiates a search for the missing waste.

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### 3. EHW (extremely hazardous waste) and TSD (transport, storage, and disposal) Facilities Rules forthe operation and maintenance of the extremely hazardous waste (EHW) management facility at Hanford (this was to be the only facility in Washington that would dispose of EHW) were adopted late in 1977 under Chapter 173-302 WAC. However, funds forconstructing such a facility were never appropriated. Standards for the design and operation of dangerous waste treatment, storage, and disposal (TSD) facilities were later developed to be equivalent to RCRA standards. These standards have been revised to keep pace with changes at the Federal level. Because no facility for disposalofEHW exists in the State, all EHW must beexported to permittedfacilities outside the State. 

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4. Regulatory Reform Project In 1993, aregulatory reform project was undertaken to study options for reducing the regulatory burden ofChapter 173-303 WAC (Washington Administrative Code) without compromising protection of human health and the environment. This project focused on State-only requirements. Several changes were made to the "special waste" provisions. The "special waste" revisions provide generators with disposal options within Washington State thereby implementing the "close to home" policy ofthe Hazardous Waste State Plan. Federal requirements were affected only where some more stringent State requirements were made 

# 0 equivalentto Federal requirements. Rule amendments were adopted in November 1995 that implemented the recommendations of that study. The most important changes included: Eliminating the State-only Carcinogenicity Criteria (relying instead on thePersistence and Toxicity Criteria); Removing the redundantExtremelyHazardous Waste (EHW) requirements from federal wastes, and eliminating or modifying the EHW requirements that are no longer effective; Raising the Small Quantity GeneratorDW accumulation limit from 220 pounds to the federal 2200 pound limit; Adopting anumber ofpreviously un-adopted federal exclusions. Among the most important is the adoption of EPA's Ten Percent SolventRule to eliminate the confusion causedby a state-only waste (solvent below the 10% threshold) having a federal waste code. The amendment to the treatability exclusion (under which generators can send waste samples to laboratories for treatability studies) was adopted to increase the size of samples that can be used for treatability studies;' Revising the "special waste" definition to 

### exclude toxic waste with toxicity from 0 to 500 mg/Kg oral rat (this waste would be regulated as dangerous waste), andexpanding the 16
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings Cormost recent update. 

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• definition of special waste to include solid Category D toxicity wastes and low level PCB contaminated solid waste; Redefining management standards for special waste and prescribing a specific disposal standard- MunicipalSolidWaste Landfills permitted in accordance with Chapter 173-351 WAC. Disposal facilities with protective design standards and comprehensive monitoring requirements did not exist when the special waste rule was first developed in 1984. The new standards make it possible to safely manage these wastes without using a hazardous waste facility, and reflect the lower hazard of special waste, relative to otherdangerous waste; Amending thebioassay designation process in order to align the fish bioassay designation

_ level of 100 mgIL to the acute oral rat toxicity designation level of 5000 mglkg; and . Revising the PCB listing at WAC 173-303-9904 to achieve the following: 1) 

### eliminate confusion byclarifying which wastes are captured by the listing, 2) bettercoordinate with regulation of PCBs underthe Toxic Substances Control Act (TSCA), and 3) simplify the regulatory requirements. 

### C. HSWA Amendments (last update: 12/4/96) 

### 1. 

### General Provisions In 1984, Congress passed the Hazardous and SolidWaste Amendments, known as HSWA, to RCRA. The HSWA amendments significantly expandedthe scope of the federal hazardous waste program to include requirements for burning andblending ofhazardous waste fuel, regulation of used oil, restrictions on the land disposal ofhazardous waste, and corrective action at hazardous waste managementfacilities. 

### 2. HWSA Corrective Action Summary In the legislative history of HSWA, 'Congress noted that a significant number of hazardous waste management facilities that receivedRCRA permits' were becoming Superfundcleanup sites due to releases ofhazardous waste and constituents from non-RCRA regulated units. Congress also noted that the stringent waste management requirements passed under Base RCRA only addressed wastes generated and managed afterthe passage of the RCRA law and did nothing to address past waste management activity. By imposing corrective action requirements on owners and operators ofhazardous waste management facilities, Congress providedEPA amechanismto address hazardous waste contamination atRCRA regulatedfacilities without depleting the publicly funded Superfund. The HSWA amendments authorize EPA to: Under RCRA Section 3004(u), require corrective action forreleases ofhazardous waste and hazardous constituentsfrom any solid waste management unit at ahazardous waste treatment, storage, or disposal facility subject to aRCRA permit. The corrective action is required regardless of when the waste was placed in the unit; financial assurance for the completion of corrective action isalso arequirement. Under RCRA Section 3004(v), require corrective action forreleases ofhazardous waste and 17
Program Descriptkm- Washington Department of Ecology Hazardous Waste Program Note: Eachsection designated by a capital letter is dated separately. See Section Headings for most recentupdate.hazardous constituents that have migrated beyond the boundary of a hazardous waste treatment, storage, or disposal facility subject to a RCRA permit, and require financial assurances for the completion ofsuch correcti ve action. RCRA Section 3008(h) provides for Federal enforcementofcorrective action requirements. This allows EPA to issue administrative orders or initiate court action to require corrective action, or any otherresponse necessary to protect human health or the environment, when a release of hazardous waste or hazardous constituents is identified at aRCRA interim status facility. RCRA Section 3008(h) is a federal enforcement authority and cannot be delegated to states. Only the requirements ofRCRA Sections 3004(u) and 3004(v) can be delegated to states. The**sta~e** ofWashington has an authorized Corrective Action Programthat relies on the State's Model Toxics Control Act regulations to implement corrective action requirements; these regulations were originally designed to clean up abandoned contaminated hazardous waste sites. Authorization of Ecology's Alternative Authorities Initiative for corrective action was the first EPA authorization of acorrective action program relying on an existing state cleanup authority. See Section III.G. below for more details on the State's Corrective Action Program. 

### D. Routine Updating for Federal Consistency (last update: 4/15/01) 

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Based on the statutory mandates passed in 1976, Authorization refers to the process by which EPA delegates primaryresponsibility for implementing hazardous waste regulations to a state regulatory program. Washington's regulatory programfor hazardous waste is found in Chapter 173-303 of the Washington Administrative Code (WAC), entitledDangerous Waste Regulations. The development and evolution ofthe Chapter 173-303 WAC regulations have been primarily 

# 0 driven by two forces: 1)mandates of the Washington Legislature, and 2) EPA's growing hazardous waste regulations. As aconsequence, the currentregulations are a combination of Federal and State hazardous waste directives. The Dangerous Waste Regulations were most recently amended in June 2000 to be equivalent to,. and consistent with, RCRA. Nearly all the federal base RCRA requirements have now been incorporatedinto Chapter 173-303 WAC. Most of the HSWA rules, such as corrective action, the land disposal restrictions, and the Toxicity Characteristic (TC) rule, have also been adopted. 

### III. Detailed outline ofAmended Washington State Dangerous Waste Regulations The following descriptions provide a basic outline framework and substantive details for the amended (most recently, June 2000) Washington State Dangerous Waste Regulations, Chapter 173-303 WAC (Washington Administrative Code). In numerous instances, Chapter 173-303 WAC incorporates federal 40 CFR (Code of Federal Regulations) regulations by reference. Ecology assures that the State's reference is current with any EPA changes by updating the date specified in WAC 173-303-045. This regulation states, in part: "Any references in this chapterto any parts, subparts, or sections from EPA's hazardous waste regulations, including 40 CFR Parts 260 through 280 and Part 124, are in reference to those rules as they existed on July 1, 1999."
18
Progrurn Description- Washington Depcnnem or&:0logy Hazardous waste Program Note: Eachsection designated byacapital letteris dated separntely. See Section Headings fer most recent update.

# •

•

• A. Waste Designation Regulations (last update: 4115/01) Ecology includes procedures in Chapter 173-303 WAC for identifying solid wastes. These procedures areessentially identical to EPA regulations, with some exceptions for materials that

.would not be federal solid wastes (i.e., the state-only wastes). Ecology's requirements assure that

any materials EPA considers to be solid wastes will be also be managed as solid wastes by the State. Washington's designation scheme relies on three mechanisms to designate wastes as dangerous: lists, characteristics, and the state-only criteria. This scheme incorporates and expands upon EPA's waste designation procedures. Figure 1, titled Designation Flow Chart, gives a "decision tree" for designation of solid wastes in Washington. Majorfeatures of the designation process are explained below. 1.

### Designation Lists The Washington lists are based on EPA's lists. The EPA procedures for designating wastes depend primarily on two lists: the Discarded Chemical Products List and the Hazardous Waste

. Sources List. Both of these lists were developed byEPA and adopted byEcology (see WAC

173-303-9903 and 9904). EPA's criteriafor listing were based on the toxicity, persistence, carcinogenicity, ignitability, corrosivity, and reactivity of waste. For the Discarded Chemical Products list, EPA considered many common commercial and off-specification manufacturing chemicals and listed those that met the criteria. For the Sources List, EPA studied data on various industrial processes and their typical waste streams then listed those sources of waste that met the criteria. As in the EPA lists, Ecology further assigns an acutely hazardous designation to "P" listed chemicals and waste sources F020-F023, F026, and F027; the acute hazard designation indicates that a 1 kilogram (2.2 pound) ratherthan a 100 kilogram (220 pound) quantity exclusion limit appl.ies to these chemicals/waste sources. 

### 2. Designation Characteristics The second designation mechanism is the dangerous waste characteristics. Wastes with the following physical hazards may be designated as dangerous: ignitable - wastes thatare highly flammable; corrosive - wastes that are highly acidic or alkaline (the State also regulates solid corrosive wastes); reactive

- wastes that are explosive, unstable, or would readily release toxic fumes; and, wastes that are toxic according to the Toxicity Characteristic Leaching Procedure (TCLP), that is, wastes containing concentrations ofvarious (currently 37) listed metals, pesticides, or non-pesticide organic chemicals above the regulatory thresholds.

19
Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.

### Figure 1. 

### Basic Federal and State Dangerous Waste DesignationFlow Chart (References are to 173-303- WAC) (last updated: 4/15/01)



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No Continue to Additional State**1----1~** Dangerous Waste Designation Flow Chart: Pathway Two Yes Worksheets 5 through 8 Does the waste have any characteristics per -O90?

Record the D numbers and/or WSC2 number No

Record the D _ numbers and/or WSC2 number Worksheets :l through 8 Does the waste have any characteristics per -O90? Start Here 

### Worksheet 1 No Stop Is the material a 

# .. Not a solid waste per 

### ... Dangerous -OI6? W:l<:tP. Yes



## " No No No Worksheet 2 Is the waste Worksheet3 Worksheet 4 Is the waste a 

# .. Is the waste 

### ... excluded from ... r r the Dangerous listed from alisted Waste discarded source perregulations per chemical per - OS2? -07I? OSI? 

# 1
Yes 

# 1 

# 1 Yes Yes Record the Record the F_<

__number U

___ number or K number or Stop p--- number --- WOOl number Nota Dangerous Waste

# .~ Continue to Additional State No Dangerous Waste Is the waste subjectto Federal Land 

## ... Designation Flow Disposal Restrictions per -I40? 

## ... Chart: Pathway One Yes ,Ir ,Ir



# -

Continue to Additional State Dangerous Waste Designation Flow Chart: Pathway One

Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.

# • Figure 2. Additional State Dangerous Waste Designation Flow Chart (last updated: 4/15/01) 

### Pathway One for DW wastes that designated as a Federal or State Listed or Characteristic Waste (waste numbers "U", "P", "F", "K", "WOOl", "DOOI-D043" and "WSC2")

. Do any of the three following special conditions apply to the waste? Condition 1:- If the generatoris an SQG and the waste is DW with a 220 pound QEL.
Worksheet 9 Is the waste WTOI Criteria per -IOO?
Yes

Record the WTOI number No Stop Designation is Finished



# -. Condition 2:- If the waste is DW and is discharged to a POTW operating under a PBR per - 082(4); or Condition 3:-Ifthe waste is state only DW (W_'---_ ) and the waste is either burned for energy recovery as used oil or the waste will be land disposed within the State Worksheet 9 No Worksheet 10 Is the waste


### ... Is the waste No Stop WTOI Criteria ..- WPOI or WP03 

# .. Designation per -100? Criteria per - 100? AI> 

# .. is Finished Yes Yes



# . -,Ir

-, Record the WP_ 

# I

- number Record the WTOI number
Pathway Two for wastes that did notdesignate on the Basic Designation Flow Chart:

"' ,-- Worksheet9 No Worksheet 10 No Is the waste


### ... Is the waste WPOI, Stop WTOlorWT02 ..- WP02 or WP03 Criteria .... 

# .. Designation Criteria per- per -IOO? 100? 

# .. is Finished 

# r .. 

# .. I es Record the WP_


### .... ,Ir number 

# .. 

# • Record the WT



### - number 

# .. ..- 21



### --------------- Program Description- Washington Department ofEcology Hazardous Wa. ste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recentupdate.

### 3. State Criteria Finally, Ecology supplements these lists and characteristics with itsown criteriafor: 1) toxicity, and 2) persistence (a third criterion, carcinogenicity, was dropped with the November 1995 rule revisions; carcinogenic chemicals, which strongly correlate with the acute toxicity and/or persistence criteria, are now regulated through those criteria.) The criteria apply to wastes that are not "listed" or "characteristic" wastes.



### a. When to Designate for State Criteria To be consistent with theFederal Land Disposal Restrictions**(LD~),** i.e. to ensure that all applicable waste-treatment codes will be identified, Ecology's rules require that wastes be designated for 

### both the lists and characteristics; that is, even if a waste designates as a dangerous waste because it is a listed waste, it must still be tested to determine if it also designates for one or more characteristics in order to meet the LDR requirements. But, if a waste designates under "lists" or "characteristics", it is 

### usually not necessary to also designate for the two State criteria. The majorexception to not having to designate a waste for State criteriaeven if it has already designated as a "listed" or "characteristic" waste is: when the generator ofa "listed" or "characteristic" waste would qualify as a Small Quantity Generator (conditionally exempt). In this case, the waste must also be designated for the Toxic EHW (extremely hazardous waste) criteria. If the waste designates as State EHW, the quantity exclusion limit is reduced to 1 kilogram (2.2 pounds), and the generator's SQG (small quantity generator) status will no longer be valid (assuming there is more than 1 kilogram of the waste). Otherless frequent cases in which further designation of "listed" or "characteristic" wastes for State criteria are necessary (or. further designation of a State-only DW (dangerous waste) waste for EHW) are specified in WAC 173-303-070(5). Waste that 

### does not designate as "listed" or "characteristic" must be further designated for the State Toxicity and Persistence criteriafor all constituent compounds and/orconstituent concentrations ofthe waste known to the generator. If agenerator knows only some of the toxic or persistent constituents in the waste or only some of the constituent concentrations, and if the waste is undesignated for those known constituents and concentrations, then the waste is not considered designated for toxicity or persistence. However, notwithstanding any other provisions of Chapter 173-303 WAC, Ecology has the discretion to require a generator to test a waste according to the methods, or an approved equivalent method, specifiedin WAC 173-303- 110 to determine whetherthe waste designates under one ofthe lists, characteristics, or criteria. 

### b. How to Designate for State Criteria Whenit is necessary for a generatorto designatea waste for Statecriteria, one of the following two methods must be used to determine if a solid waste designates underState criteria: 1) "book designation" may be used for the toxicity criteria using the procedure specified in WAC 173-303- 100(5)(b), or, for the persistence criteria, knowledge of the waste may be used along with the procedure specified in WAC 173-303-100(6)(b)-(d); or, 2) abioassay may be used according to the Sampling and Testing Methods specified in 173-303-110. 

### 4. Special Wastes Ecology regulations provide for acategory of State-only waste called "specialwaste". This category includes solid State-only dangerous wastes that are considered to be a relatively lower**-~-------** ._- - -- - 22
Program Description. Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

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o



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• hazard to human health and the environment. They can be safely managed with a level of protection intermediate between dangerous and non-dangerous solid wastes; under certain circumstances they may be disposed of in municipal solid waste landfills. Regulations concerning the conditional exclusion of special wastes from the full requirements ofChapter 173-303 WAC are contained in WAC 173-303-073. 

### 5. Mixed Wastes Ecology has provisions in State law that allow the State to regulate mixed wastes containing hazardous components subject to the Resource, Conservation and Recovery Act (RCRA) and radioactive components subject to the Atomic Energy Act (AEA). RCW 70.105.109 (Revised Code ofWashington) states that "The Department ofEcology may regulate all hazardous wastes, including those composed of both radioactive and hazardous components, to the extent it is not preempted by federal law." Ecology's authority is thus equivalent to EPA's, which generally regulates hazardous radioactive wastes that do not otherwise meet the exemption for "source, special nuclear orbyproduct material as defined by the AEA." The State does not have this exclusion, and thus is more stringent. 

### 6. Exempting and Excluding Wastes Ecology provides procedures for exempting and excluding wastes from regulation if a generator (or group of generators) petitions Ecology and can make a successful demonstration that the waste should not be designated. BecauseEcology can not exempt or exclude wastes that are federally designated, afederally designated waste must first be exempted or excluded by petitioning EPA; provisions for federal exempting/excluding ofhazardous wastes are given in 40 CFR 260.20-22. After a federal waste is delisted or exempted, it becomes a State-only designated waste that can then be exempted through the petition process found in WAC 173-303- 072; non-federal wastes that designate as State-only waste can be exempted through the same petitioning process. 

### 7. WasteDesignation Federal Equivalency and Routine Updating The designation approach described above ensures that all federal wastes are properly designated

. and subject to the applicable requirements. Ecology has provided mechanisms to assure that any

waste regulated at the federal level will be subject to the same, or more stringent, consideration

. before it can be exempted from regulation. The State's approach to designation incorporates and

complements all the elements of the federal approach, thus assuring equivalency with (or, in many cases, exceeding)the requirements of EPA. Ecology has continued to amend its lists of hazardous wastes (including the Dangerous Waste Constituents List (WAC 173-303-9905)) to include new federal listings .



### .B. Regulations Pertaining to Generators (last update: 4115/01)


# • 1. General Summary Washington's hazardous waste rules regulate all generators covered by 40 CFR Part 262; these regulations include requirements for: an EPA identification number (WAC 173-303-170(2)); accumulation ofhazardous waste for short time periods (including container and tank standards) (-200, -201,&-202); packaging, labeling, marking, and placarding (-190); manifesting of hazardous waste for off-site shipment-ISO); 

### reporting and record keeping (-210 &

- 

### 220); Land Disposal Restrictions (-140); and 

### international shipments (-230). The 23
Program Description- Washington Department of Ecology Hazardous waste Program Note: Each section designated by acapital letter is dated separately. See Section Headings for most recent update.____ __ .c_•.•••

__•__._-...**,'-~**

State regulations on recording are somewhat more stringent than federal provisions, requiring generators to keep all records for five years instead ofthe three year requirement for some records contained in the federal rules. 

### 2. Accumulation ofHazardous Wastes for ShortPeriods A Large Quantity Generator (i.e., one that generates more than 1,000 kilograms of waste in a month and/orhas accumulated more than 1,000 kilograms in a month) may accumulate dangerous waste on-site without a permit for ninety days or less after the date of generation

.provided that: all such waste is shipped off-site to a designated facility, placed in an on-site

permittedfacility, or treated orrecycled on-site within ninety days or less of generation; the waste is storedin containers, tanks, on drip pads, and/orcontainment buildings that meet the requirements for design, labeling, etc. specified or referenced in WAC 173-303-200; and, the generatorcomplies with the requirements for facility operators specified in WAC 173-303-330 to -360 (except for -355) and -320. Generators accumulating waste in tanks must comply with most ofWAC 173-303-640; they do not generally, however, need to have a tank closure plan, a closure cost estimate, or provide financial responsibility for the tank system. Maximum accumulation times are longerfor Medium and Small Quantity Generators; see subsection below on "ReducedRequirements for MQGs and ConditionallyExempt Generators". 

# o

3. Manifests Regulated generators must prepare a manifest before sending waste to a TSD (treatment, storage, and disposal) facility. The manifest includes information on the generator, transporter, TSD facility, the type ofwaste, and its quantity or volume. The generator and the transporter must sign the manifest before the waste leaves the generator's property. The manifest travels with the 

# 0 transporterto the TSD facility, where the facility owner/operatorsigns the manifest and returns a copy to the generator. If the generator does not recei ve a copy of the manifest signed by the facility owner/operatorwithin 45 days ofshipment, an Exception Report must be submitted to Ecology. When Ecology receives an Exception Report for wastes designated on the manifest for out-of-state shipment, then Ecology notifies eitherEPA or the authorized state agency with jurisdiction in the state designated for receiving the waste. Ecology then initiates a search for the waste to determine its fate. Ecology requires all dangerous waste shipments to utilize the Uniform National Manifest (EPA Form 8700-22122A).

. 

### 4. Annual Reporting and Record Keeping Generators must report annually (ratherthan every two years as required by RCRA (Resource Conservation and Recovery Act)) to Ecology the quantities and types of dangerous waste that were managed (not merely generated) in the past year, as well as any treatment, storage, recycling, or disposal practices incorporated. This information is available from their manifest records. The manifest and annual reporting system provide Ecology with a means to track the generation, movement, and ultimate disposition ofdangerous wastes in Washington.



## t- I I ! The Ecology Directormay also, ifdeemed necessary, require a generatorto furnish additional reports, including engineering reports, plans, and specifications, concerning the quantities and disposition of the generator's dangerous waste. Generators must maintain the following records; the retention period is a minimum of five years: 24
ProgramDescription- WashingtonDepururent ofEcology HUZ3rdouS WasteProgram Note: Each section designated by a capiLalletter is dated separately. See Section Headings roe most recent update. 

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# •

• Copies of all manifests signed by the designated receiving facilities; Annual reports and exception reports; All waste designation records, including test results, waste analyses, etc.; and All other records required byWAC 173-303-170(3)(b) (treatment by generator) and WAC

. 173-303-200 (accumulating on site) as applicable to the generator's activities.

. All records must be make available upon requestby the Director. 5. Land Disposal Restrictions 

### (LDR) Washington has adopted (incorporated) by reference all federal restrictions to land disposal of hazardous waste up through July 1, 1999. These federal restrictions are those set forth by EPA in 40 CPR Part 268 as well as numerous conforming changes throughout the regulations. Note, however, that when Ecology adopted LDR rules in June 2000, it did not adopt the changes for mineral processing secondary metals and the Bevill exclusion. Washington initially adopted and began implementing the federal LandDisposal Restrictions (LDR) in January 1994; further LDR amendments were subsequently adopted. Ecology staff began conductingLDR inspections together with EPA Region X staffduring the period of time when Ecology began taking on responsibility for the federal LDR program. The purpose of all LDR regulations in Washington is to encourage the best management practices for dangerous wastes according to the priorities ofRCW 70.105.150 which are, in order of priority: reduction; recycling; physical, chemical, and biological treatment; incineration; stabilization and solidification; and lastly, landfill. Washington has anumber of LDR requirements that go beyond the federal requirements; these include prohibiting (except as provided in 173-303-140(5) or (6» the landfilling of: State-onlyExtremely Hazardous Wastes, and Organic/carbonaceous waste. 6. Foreign Exporting Generators involved with international shipments (exports) are subject to State requirements that are identical to the federal standards, except that copies ofexception reports sent to EPA must also be sent to Ecology.

Program Description- WashingtonDepartment ofEcology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.

### Exempt Generators (SGQs)

a. MQG Reduced Requirements (Note: Federal regulations refer to these generators 

### asSQGs (small quantity generators) Washington State regulations provide for reduced generatorrequirements for those generators ofbetween 100 kilograms and 1000 kilograms ofwaste permonth who do not accumulate on-site more than 1000 kilograms ofdangerous waste (and that do not exceed the QEL (quantity exclusion limit) for generation or accumulation ofacutely hazardous wastes); this 1000 kilogram (or 2,200 pounds) accumulation limit is more stringent than the Federal accumulation limit of6000 pounds. These generators, known as "medium quantity generators" or MQGs, may accumulate waste on site for up to 180 days after generation and may be granted an extension if the waste must be transported over a distance of two hundred miles or more for off-sitetreatment, storage, or disposal. They do not need to comply with the Personnel training requirements ofWAC 173-303-330 and have reduced tank standards and reducedrequirements ofcontingency and emergency planning. 

### b.**SQ~** 

### Conditional Exemption "Small Quantity Generators" (SQGs) are those generators whose: 1) quantity of waste generated per month does not equal or exceed the QEL (quantity exclusion limit) for those wastes; and/or, 2) quantity ofwaste accumulated does not exceed 1000 kilograms for wastes with a 100 kilogram QEL and 1 kilogram forwastes with a 1 kilogram QEL. Note that under federal RCRA, this class ofgenerators is known as "ConditionallyExempt Small Quantity Generators". 

# ()

SQGs have reduced waste managementrequirements. However, SQGs are responsible for determining whether their wastes designate as dangerous waste and for managing theirwastes in a way that does not pose a potential threat to human health or the environment. Furthermore, 

# 0 SQGs must ensure that their waste is treated or disposed ofin an on-site facility or is delivered to an off-site facility that is either 1) apermitted facility under the Dangerous Waste Regulations, 2) authorized to manage dangerous waste by another state, 3) permitted to manage moderate-risk waste, 4) afacility that beneficially uses or reuses, or legitimately recycles or reclaims the dangerous waste, or treats the waste priorto recycling, 5) permitted to manage municipal solid waste, 6) permitted to manage non-municipal non-hazardous waste, or 7) apublicly owned treatment works (POTW) if the SQG meets the requirements ofthe domestic sewage exclusion. These are the only requirements SQGs must comply with; however, ifthese requirements are not complied with, then the SQGs become "fully regulated" under the entire Chapter 173-303 WAC.



# c. Regulations Pertaining to Hazardous Waste Transporters (Iasl,updale:4115101)

r - --- - ! All transporters must have a currently validEPA/State ill number, or as it is now called, aRCRA ill number. Chapter 173-303 WAC requires transporters to comply with U.S. Department of 'Transportation (DOT) rules for hazardous materials and substances transportation (49 CFR). Ecology requires all dangerous waste shipments from regulated generators to utilize the Uniform National Manifest (UNM); this assures that interstate shipments are in accordance withDOT requirements. Transporters are also responsible for notifying authorities and assisting in cleanup· operations in the event ofa spill or discharge ofdangerous wastes during transport. The State has some additional requirements for transporters who import wastes from outside the 26
Program Description- washington Department ofEcology Hazardous waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

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•

• .- ....:..•. ::.....**_:-~...:--** ...

## _ ..



### United States. Such transporters must comply with all generatorrequirements (e.g., manifesting and packaging) in WAC 173-303-170 through -230. Transporters who export wastes must comply with federal requirements administered by EPA (40 CFR Part 262 SubpartE and export requirements at 261.5, 261.6, 262.41, and 263.20). In addition, copies of forms and reports submitted bytransporters to EPA must also be sent to Ecology. In June 2000, Ecology added some state-only requirements for transporters ofhazardous waste. Transferfacilities mustbe registered with the state and are subject to operating standards. Another change made at the same time added packaging, marking, and waste description requirements for state-only dangerous wastes that are not regulated as hazardous materials under 49 CFR hazardous material regulations. These requirements are to be used when preparing stateonly waste for transport. D. Regulations Pertaining to Recycling Facilities (last update: 5110/96) 

### EPA standards for recycling hazardous wastes are included in Ecology's regulations. These include: recycling constituting disposal; precious metals recovery; lead-acid battery recycling; burning for energy recovery; and numerous regulatory exemptions for certain recycling practices. Ecology's recycling standards are virtually identical to EPA's, with the exception of recycling provisions for state-only dangerous wastes; specific standards are applied to state-only waste recycling facilities. Generators and transporters of solid wastes that designate as dangerous waste are subject to the same regulations whetherthe waste is recyclable or not, unless a recyclable waste is singled out for special regulation in WAC 173-303-120. Unless a recycling process is singled out for special regulation or is exempt, the recycling processes are subject to regulation only up to and including storage prior to recycling. Owners/operators of facilities that receive arecyclable material from off-site and recycle it after storing it first are subject to all requirements covering waste management facilities and most waste management facility permitting requirements. If

### a facility recycles a waste without storingit first (defined as recycling within twenty-fourhours ofreceiving the recyclable waste), it still must follow requirements of WAC 173-303-120(4)(c). These include performance standards, required'notices, security, general inspection, personnel training, preparedness and prevention, contingencyplan and emergency procedures, emergencies, manifest system, facility record keeping, facility reporting, other general requirements, and some container and tank systemrequirements. E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities (last update:411510I) 

### 1. General Regulations Ecology adopted essentially all EPA standards for the design, performance, operation, and maintenance of TSD facilities, and for public participation in the permitting process. Facilities must also satisfy all applicable local, state, and federal laws (such as local comprehensive plans, air and water pollution laws, endangered species, etc.).
27
Program Description- Washington Department of Ecology Hazardous wusre Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.

### 2. Siting Rules Ecology adopted its own rules for siting such facilities. TSD facilities must be sited and operated to comply with these siting criteria rules. The siting criteria serve as an initial screen in the consideration of sites for dangerous waste management facilities. Theirpurpose is to immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable orinappropriate for the management ofdangerous wastes. They prohibit facilities from being located in areas subject to natural hazards such as floodplains and unstable soils, and environmentally or culturally sensitive areas such as sole source aquifers and designated historic areas. Minimum setbackdistances have been establishedfrom identifiedresources. For example, land disposal facilities must be located at least 1/4 mile from perennial surface water bodies. Facilities managing reactive wastes are required to comply with the setback standards in the UniformFire Code (see UFC Table 77-201, 1997 Edition).**3~** 

### Tank Standards Facilities that treat or store hazardous waste in tanks must comply with tank standards (WAC) 173-303-640) for: assessing existing tank systems' integrity, the design and installation of new tank systems or components, containment and detection of releases, general operating**req~irements,** inspections, response to leaks or spills, closure and post closure, requirements for ignitable orreactive wastes and requirements for incompatible wastes. The State requirements are identical. to most of the Federal requirements, but are more stringent in some areas such as: The State does not include an exemption from the requirements for reactive or ignitable waste; The State requires development of a schedule ofintegrity assessments; Any release above the reportable quantity must be reported; Tanks must be located in a mannerequivalent to the National Fire Protection Associate's buffer zone requirements or as required by State and local fire codes (whicheveris more stringent); Documentation is required ofthe precautions taken for ignitable, reactive orincompatible wastes; Yearly inspections and additional monitoring are required; A description is required oftank design to prevent escape of vapors and emissions of acutely or chronically toxic EHW (extremely hazardous waste); Tank marking and lor labeling must be described. 

### 4. GroundwaterMonitoring All land basedhazardous waste treatment, storage, and disposal facilities (including miscellaneous units) must monitor groundwater and analyze for a specified core list of chemicals, plus otherchemicals specified on a site-specific basis. 

### 5. Organic Air Emission Standards Ecology adopted (incorporated) byreference 40 CFR 264.1031 through 1036, 40 CFR 264.1051 through 1065, and 40 CFR 264,1080 through 1091. These regulations set standards limiting organic air emissions at hazardous waste treatment, storage, and disposal facilities requiring a hazardous waste permit. Final standards are established for: 1) organic emissions from process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, and air or steam stripping operations where the wastes handled have 10 or more parts per million total

- _. - - 28
Program Description- Washington Department of Ecology HazardousWasteProgram Note: Eachsection**~esignaled** by a capital letteris dated separately. See Section Headings for most recentupdate. 

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• organics (by weight); 2) leaks from equipment that contains or contacts hazardous waste streams with 10% or greater total organics (by weight); and 3) reduction of organic air emission standards from tanks, surface impoundments, containers and miscellaneous units managing particulartypes of hazardous waste. 6. Foreign Waste Importation Rules If

### a facility is receiving dangerous waste from outside the United States, Ecology requires that a notification be sent to the Ecology regional office where the waste is being sent. The notification must include: information regarding the importer, exporter, and foreign waste generator (names, addresses, telephone numbers, RCRA ID number); adescription of the waste and estimated frequency at which the waste is to be imported; estimated total quantity; and a description of the manner the waste will be managed. 7. Land Disposal Restrictions (LDR) All TSD facilities must comply with both the federal LDRs and the State land disposal requirements. Washington has incorporated byreference all federal restrictions to land disposal of hazardous waste up through July 1, 1999. These federal restrictions are those set forth by EPA in 40 CFR Part 268 as well as numerous conforming changes throughout the regulations. Washington initially adopted and began implementing the federal LandDisposal Restrictions (LDR) in January 1994; further LDR amendments were subsequently adopted. Ecology staff began conducting.LDR inspections together with EPA Region X staffduring the period of time when Ecology began taking on responsibility for the federal LDR program. 8. Permitting Requirements An owner/operatorof a dangerous waste facility that transfers, treats, stores, disposes, or recycles .dangerous waste must, when required by Chapter 173-303 WAC, obtain a permit covering regulation of the active life, closure period, ground waterprotection compliance period, and, when applicable, the corrective action and/or post-closure care period. More detail of the Permitting process is given below in Part

### II- Permitting Procedures and Regulations. TSD/recycling facilities must have adequate security, personnel training, inspection schedules, emergency plans and equipment, records ofoperation, environmental monitoring, documentation of financial responsibility, closure, corrective action and post-closure plans, and reporting before Ecology will issue apermit to a facility.

F. Other Generator, Transporter, and TSD Requirements (last update: 41\5/01) 

### The Dangerous Waste Regulations require all persons (not falling into the "conditionally exempt" or SQG category) who generate, transfer, transport, treat, store, or dispose ofdangerous waste to have a RCRA identification number. Those individuals requiring such a number must notify the State of their activities before being issued a number. The regulations also establish procedural requirements for permit application and issuance (see section onPennitting Regulations and Procedures), public involvement (see following section), petitioning Ecology for changes and exceptions to theregulations, and testing methods (the November 1986 version of SW-846 including updated I, II, IIA,

### TIB, ill, and illA has been incorporated byreference into the State's regulations), sampling methods, and conditions for .exemption from the rules (recycling or recovery of dangerous wastes, triple rinsing ofcontainers, etc.). 29
Program Description. Washington Department of Ecology Hazardous Waste Progrurn Note: Each section designated by acapital letter is dated separately. See Section Headings ror most recent update.1. Universal Wastes In 1998, Ecology adopted the Universal Waste Rule for batteries and mercury-containing thermostats. The Universal Waste Rule for pesticides was not adopted. In addition, the petition

-o·**~\** provisions were adopted so that other categories ofuniversal wastes may be added to the Dangerous Waste Regulations during future rulemakings. In 2000, Ecology adopted the universal waste rule for lamps. The state rule limits accumulation of lamps to 2,200 pounds before becoming a large quantity handler. 2. Military Munitions Ecology's version ofthe Military Munitions rule is nearly identical to the federal rule. There are some significant differences. The state does not exempt military and commercial transporters from the manifesting requirements when transporting wastes between military installations and requires approved alternati vedocumentation if not using amanifest when transporting wastes (any wastes, notjust military munitions wastes) on public rights of way within and around a facility. Also, Ecology clarified in its rule that munitions left on a closed or transferred range meet the definition of solid waste.

-3. Used Oil

Ecology adopted the federal used oil regulations in 2000 with several extra requirements beyond what is required by federal rules. For example, the state rules do not allow mixing of characteristic waste and conditionally exempt small quantity generator waste with used oil. The Dangerous Waste Regulations contain a provision that is not as stringent as that provided in federal rules. The state rule allows generators to transport their own used oil in quantities greater 

# 0 than 55 gallons in their own vehicle without a transporter ill number. The federal rule limits such transportation to 55 gallons. Under the state rule, the used oil must be taken to a collection center that meets the requirements of a transferfacility, and that records the name, address, telephone number, date ofdelivery, and quantity ofused oil being delivered to the site. Ecology's intentionwith this provision was to preserve the integrity of used oil collection systems managed by local government that are well established and working well. This provision (not requiring a transporter ill number) is meant to ensure that generators with larger quantities of used oil will not be discouraged from bringing their used oil to county collection centers. Likewise, collection centers may receive quantities of oil greaterthan 55 gallons from a generatorif the centermeets the requirements of a transferfacility. The collection center must record the generator's name, address, telephone number, date of delivery, and quantity of used oil delivered. 4. Fertilizer In 2000, Ecology made several changes to the Dangerous Waste Regulations that pertain to' hazardous waste used in the manufacture offertilizers. These changes included removal of the K061 exemption, codification of an amended version ofthe policy used to review fertilizer registrations, and clarification of the applicability of 40 CFR part 

### 168 standards to "state-only" wastes. K061 Exemption. WAC 173-303-505 was amended to remove the "K061 exemption". Previously, steel mill flue dust (K061) was exempt from meeting Land Disposal Restriction (LDR) standards when ('; 

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Program Description- washington Department of Ecology Hazardous waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.

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• used to make acommercial fertilizer. In a 1997 letter to EPA, Washington State identified several issues with the K061 exemption that were discovered during Ecology's study of heavy metals in fertilizer products. Foremost was the fact that the K061 exemption encouraged the use of K061 in fertilizers over other: hazardous wastes not exempted from LDRstandards. This is significant because Ecology's study showed that at least one hazardous waste, tire ash, containedfar less heavy metals than the K061 that was sampled and both wastes can be used to make an identical fertilizer product. EPA has proposed to remove the K061 exemption as well. Removal of the K061 exemption subjected these wastes to the federal LDR standards. The most current version of the federal LDR standards is Phase IV. However, EPA stayed its LDR Phase IV standard for zinc micronutrient fertilizers making them subject to the less stringent Phase III standard. Ecology adopted EPA's LDR Phase IV Stay for characteristic zinc micronutrient fertilizers and adopted the same standards for fertilizers made from K061. These levels are appropriate because EPA is not certain that Phase IV treatment standards are well suited for micronutrient fertilizers including those made from K061. The required immobilization of the hazardous metal constituents would likely also immobilize the zinc component of the fertilizer making it unsuitable for plant food use.

. Fertilizer Registration Review Criteria. In part, the FertilizerRegistration Act as amended in 1998 required Ecology to review waste-derived and micronutrient fertilizers applications for consistency withchapter70.105 RCW, the hazardous waste law, Ecology adopted review

. criteria at WAC 173-303-505(b). The review criteria was original published as apolicy

published in the State Registerin August 1998. Those review criteria were used to review over 300 fertilizer applications in the 1999 registration cycle and make registration recommendations

. to the Department of Agriculture. The fertilizer registration review criteria used byEcology

required the registrant to provide the following test data: Toxicity Characteristic Leaching Procedure (TCLP) metals, Total Halogenated Organic Compounds (HOC), and Total Polycyclic Aromatic Hydrocarbons (PAH). Information that Ecology gained from.the review process and the 1998 fertilizer study conductedby Ecology, suggested that amendments could be made to the criteriathat would reduce the analytical costs to registrants yet still provide adequate registration review. Therefore, Ecology codified the review criteria through amendments to WAC 173-303- 10, -016,-040, and -505. The review criteria was adopted as it was used in the 1999 registration cycle except in place of the TCLP test for certain metals, an LDR certification can be used. Also, the Total Polycyclic Aromatic Hydrocarbons (PAH) requirement was dropped. Applicability of 40 CFRpart 268 

### to state-only wastes. The federal Land Disposal Restrictions



### . , 

### apply to fertilizers that contain "hazardous waste." "Hazardous waste" is defined in WAC 173- 303-040 and, in part, means those solid wastes that are regulated as hazardous waste by the EPA. In some cases where EPA has excluded solid wastes from regulation as hazardous waste, Washington has chosen not to exclude those wastes from chapter 173-303 WAC. Those wastes excluded by EPA, but not by Washington State are included in the group of wastes known as "state-only" wastes. 'The amendments to WAC 173-303-505 clarified that those state-only wastes that otherwise meet the definition of "hazardous waste" used to make fertilizers must comply with the Land Disposal Restrictions. G. Corrective Action Authorization (last update: 12/4/96)
31
Program Description- WashingtonDepartment of Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.._, --_•. - .•.•.**~~c** .•**_~** ..••**~·~·**

NOTE: The following information on Corrective Action (Section G) is meant to briefly

. summarize certain aspects ofthe Hazardous Waste and Toxics Reduction Program's

(HWTR) Corrective Action regulations and procedures which may be ofinterest to the reader wanting a comprehensive overview ofthe entire Program. This Section is not meant to supersede the HWTR Program's November 4,1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or definitive information on HWTR's Corrective Action regulations, policies, procedures, funding, staffing, etc. 

### 1. 

### Federal Regulations for Corrective Action (last update: 1214196) On July 15, 1985 (50 PR 28702), EPA published the first HSWA (Hazardous and Solid Waste Amendments) codification rule, which included regulatory language for corrective action at solid waste management units (40 CPR 264.101). Underthe July 15, 1985 Federal regulations, owner/operators offacilities seeking apermit for the treatment, storage or disposal of hazardous waste were required to:
);>. Institute corrective action as necessary to protect human health and the environmentfor all releases ofhazardous waste and constituents from any and all solid waste management units at the facility regardless of the time at which waste was placed in such units, and
);> Specify corrective action, schedules ofcompliance for such corrective action, and assurances offinancial responsibility for completing corrective action in all final RCRA (Resource Conservation and Recovery Act) permits. 

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OnDecember 1, 1987 (52 FR 45788), EPA amended the regulatory requirements for corrective action, adding arequirement for owner/operators of facilities seeking a RCRA permit for the treatment, storage or disposal ofhazardous waste to: 

# 0

);> Implement corrective actions beyond the facility property boundary where necessary to protect human health and the environment, unless the owner/operatorcould demonstrate to EPA's satisfaction that, despite the owner/operator's best efforts, they were unable to obtain the necessary permission to undertake such actions, and to take on-site measures to address such releases as determined by EP A on acase-by-case basis, and to provide assurances of financial responsibility for such corrective action. On July 27,1990 at 55 PR 30798, EPA proposed detailed regulations for corrective action. These proposedregulations became known as "draft Subpart S", referring to their draft status and to their anticipated subpart in 40 CPR Part 264. Draft Subpart S has not yet been completely finalized; however, EPA is using portions ofthe proposedrules as guidance in implementing corrective action requirements. 

### 2. Alternative Authorities Initiative (last update: 1214/96) Priorto developing acorrective action authorization strategy, Ecology carefully observed some duplication ofeffort between EPA's Superfund and RCRA programs. In addition, since many contaminated sites have cleanup responsibilities under both RCRA and Superfund, facility owner/operators are potentially liable for two environmental cleanups, a Superfundcleanup and

## a RCRA corrective action. In considering a state corrective action program, Ecology questioned the efficiency ofestablishing a totally new cleanup program for dangerous waste management 

### t---.-.**-~-** 

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Program Description. washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.

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• facilities when effective cleanup standards and procedures were already in place under the Model" Toxics Control Act (MTCA) (see below). In orderto address these concerns, Ecology and EPA developed the Alternative Authorities Initiative

. The Alternative Authorities Initiative was established to provide a mechanism for states, like Washington, with existing environmentally protective cleanup authorities to use those authorities to compel corrective action at RCRA facilities. Under this Alternative Authorities Initiative, Ecology applied for authorization ofa corrective action program that relied on the Model Toxics Control Act regulations to implement corrective action requirements. Authorization ofEcology's Alternative Authorities Initiative for corrective action (approved in November 1994) was the first EPA authorization ofa corrective action program relying on an existing state cleanup authority. By using MTCA authority to also carry out corrective action, Ecology is able to: Complete expedited and environmentally protective corrective action cleanups; Reduce duplication ofeffortbetween Ecology's Toxics Cleanup and Hazardous WasteS; Toxics Reduction Programs; Enhance cleanup requirement and procedure consistency for RCRA and non-RCRA facilities; Potentially recoverEcology's portion ofthe costs of corrective action work (see Section GA. below); Reduce regulatory confusion; and Provide more explicit opportunities for facility owner/operators to fulfill RCRA corrective action requirements through appropriate independent cleanups. 

### 3. Washington's Model Toxics Control (MTCA) Act (last update: 10/31/01) Voters passed the Washington State Model Toxics Control Act, Chapter70.105D RCW, as Initiative 97 in November 1988. Effective in March 1989, the law establishedWashington State's basic authorities and requirements for cleanup ofcontaminated sites. RCW 70.105D.030(2)(d) directedEcology to adopt and enforce "minimumcleanup standards 

### for remedial actions at least as stringent as the federal cleanup standards under Section 121 ofthe federal cleanup law (CERCLA) ... and atleast as stringent as all applicable state and federal laws, including health based standards under state and federal law." RCW 70.105D.030 also established three threshold requirements for remedial actions performed underthe Model Toxics Control Act. MTCA cleanup actions must comply with cleanup standards, utilize permanent solutions to the maximum extent practicable, and include adequate monitoring to ensure the effectiveness ofthe remedial action. Within the statutory framework ofChapter70.105D RCW, the Model Toxics Control Act Regulations (Chapter 173-340WAC, revised August 15,2001) define a two-step approach for establishing cleanup requirements at individual sites:
33
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.(1) Establishing Cleanup Standards: The cleanup standards provide a uniform statewide

.approach to cleanup that can be applied on a site-by-site basis. Establishing cleanup

standards for individual sites requires specification of (1) the hazardous substance concentrations that protect human health and the environment ("cleanup levels"), (2) the location on the site where cleanup levels must be attained ("points of compliance"), and (3) additional regulatory requirements that apply to acleanup action because of the type of action and/or the location of the site.

. (2) Selecting aCleanup Action: This step involves evaluating methods that could be used to clean a site before deciding which of those methods would best achieve the cleanup' standards. In addition to meeting the cleanup standards, cleanup actions must also utilize permanent solutions to the maximum extent practicable, achieve cleanup in a reasonable time frame, and include monitoring to ensure the long-term effectiveness of the cleanup action. Since eliminating all risks at acontaminated site is often impossible, even aftercleanup, establishing cleanup levels under the MTCA generally means determining when a site is cleaned up to the point that contamination no longerposes unacceptable risks to human health and the environment. 

### 4. Prioritizing Corrective Action Work (last update 1219/96) For purposes ofprioritizing Corrective Action Work, the Northwest Corrective Action Group developed regional criteriafor determining site environmental significance. Existing TSD facilities have been ranked and placed on apriority list. The ranking focuses on eight areas, the first three areas addressing environmental issues, and the last five addressing oversight issues. Environmental issues have been used to determine high priorityfacilities. Environmental issues used as criteria in the ranking process include: level ofcontamination, toxicity ofthe waste stream (extremely hazardous waste toxic hazardous waste), and the facility setting. The OversightIssues include: enforcement history, financial status of facility, extent to which the nature of the releases are known, level of public interest, and type and complexity ofparticular corrective action activity. A full outline of the Facility Environmental PriorityRanking Criteriacan be found in the report entitled NorthwestRCRA Corrective Action Strategy. 

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5. CostRecovery (last update: 1214/96) A major benefit to the State ofWashington in using MTCA (Model Toxies Control Act) for corrective action is its authority to recovercosts of work performed by the State from the site owner(s). RCW 70.105D.050(3) requires that the State seek to recoverthe amounts spent by the departmentfor investigative and remedial actions and orders. The attorney general is tasked to seek, by filing an action ifnecessary, to recover the amounts spent by Ecology. According to WAC 173-340-550(1) and (2) "It is the department's intention to recoverthose costs which are' reasonably attributable to the site. Timing of cost recovery for individual sites will be considered

I on acase-by-case basis, however, the department may demand payment of costs as they are 

# C)**t---~.** ---.--. ----- -- - - - 34
._-- ----- 

### ----.----- Program Description- Washington Department ofEcology Hazardous wcsre Program Note: Each section designated bya capital letterisdated separately. See Section Headings rormost recent update.

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• incurred

.... Remedial action costs are costs reasonably attributable to the site and may include costs of direct activities, support costs of direct activities, and interestcharges for delayed payments." Because of the cost recovery provisions Ecology can use for corrective action work, the Legislature grantedEcoiogy the ability to hire additional corrective action staff, but did not increase Ecology's appropriation from the Toxics Account. The legislature expects Ecology to reimburse the Toxics Account for all new corrective action staffthrough cost-recovery. The concept of providing the ability to fill positions, but not increasing the funding allocation is referred to as "seed money". During the 1993-1995 State biennium, the Hazardous Waste and Toxics Reduction Program could "borrow" funds against its Toxics Account appropriation to fill new corrective action positions; however, at the end of the biennium, the Hazardous Waste and Toxics Reduction Program had to reimburse the Toxics Account for anyexpenditure overits initial allocation. The Hazardous Waste and Toxics Reduction Program must therefore rely, to a great extent, oncost-recovery funds to implement corrective action. Due to the potential limitations on funding from the Toxics Account, Ecology planned a gradual implementation of the hiring needed for corrective action work. The Hazardous Waste and Toxics Reduction Program developed policies, procedures, accounting and billing systems to implement cost recovery. Cost-recovery policies and procedures in the Hazardous Waste and Toxics Reduction Program were closely modeled on policies and procedures used by the Toxics Cleanup Program. 

### 6. HWIRMedia and Post-Closure Rules (lastupdate: 10/31101) 

### HWIRMedia In 2000, Ecology adopted portions of the federal HWIR Media Rule. Changes were made in four areas to give the Agency additional flexibility in regulating cleanups that result in generation of dangerous waste. 

## >- Ecology revised the definitions ofcorrective action management unit (CAMU), temporary unit (TV), 

### andremediation waste and some of the implementing regulations for CAMUs and TUs. These changes clarified that CAMUs and TUs may be used to treat, store or dispose any dangerous remediation waste, including dangerous remediation wastes generated as a result of cleanups at sites that are not otherwise subject to the Dangerous Waste Regulations (e.g., at some sites cleaned up under the Model Toxics Control Act Cleanup Regulation). 

## >- Ecology adopted the dredged materials exclusion. 

## >- Ecology adopted rules for staging piles, a new type of unit for storage ofdangerous remediation waste atcleanup sites. 

## >- Cleanup-Only Facilities. Ecology adopted special operating standards for facilities at which owners/operators treat, store or dispose ofdangerous remediation waste but do not treat, store or dispose of any dangerous waste that is not remediation waste. These facilities are commonly referred to as "cleanup-only facilities." Cleanup-only facilities were previously subject to the same prescriptive operating requirements as facilities at which owners/operators treat, store or dispose ofdangerous waste from on-going industrial operations and facilities at which owners/operators accept dangerous wastes from off-facility for treatment, storage or disposal (i.e., commercial facilities). The operating standards for cleanup-only facilities are more performance based and easierto implement in the context of 35
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.cleanup actions. Ecology exemptedcleanup-only facilities from the corrective action requirements of WAC 173-303-646. Because cleanups are already on-going at these facilities and because, to the extent additional cleanup is needed, Ecology can impose cleanup requirements under the Model Toxics Control Act, Ecology believes there is no need to also 

# 0 regulate cleanup of such facilities using the corrective action requirements of WAC 173-303-

. 646. Ecology did 

### not adopt regulations that would establish an alternative administrative process for permitting facilities at which only dangerous remediation waste is treated, stored, or disposed. These types offacilities are currently cleaned up under the Model Toxics Control Act (Chapter 70.105D RCW) and, according to RCW 70.105D.090, people who conduct remedial actions under a consent decree, order or agreed order are exempt from the procedural permitting requirements. Therefore, these regulations**~re** not needed in Washington State. 

### Post-Closure Rule Ecology also adopted portions of the Post-Closure Rule in 2000. These amendments gave Ecology the discretion to substitute alternative requirements for ground water monitoring, closure, post-closure and financial assurance for certain types ofdangerous waste treatment, storage and disposal units. These regulations gave Ecology the discretion to address cleanup needs at some dangerous waste units using a more flexible remediation process rather than the prescriptive process that currently governs ground water monitoring, closure, post-closure, and financial assurance. Using these regulations, dangerous waste treatment, storage and disposal units can be transferred from the closure and post-closure process to the more flexible state corrective action program. Using this approach, eligible dangerous waste treatment, storage and disposal units will generally be cleaned up under the Model Toxics Control Act Cleanup Regulation (Chapter 173-340 WAC), ensuring consistency among cleanups and allowing Ecology to recovercleanup oversight costs. 

### Inall cases, alternative requirements must be established in an enforceabledocument. Enforceable documents ate defined to include permits, orders, closure and post-closure plans, and MTCA consent decrees. Transferring eligible dangerous waste treatment, storage and disposal units from the prescriptive closure and post-closure process to the MTCA process, allows Ecology to evaluate a full range of remedial alternatives that might be appropriate at any given site and work with the community to select the best alternative. The use of alternative requirements for closure, post-closure, ground water monitoring and financial assurance is limited to dangerous waste treatment, storage and disposal units that are located in areas where a release has occurred, where the dangerous waste unit is among other solid waste management units or areas ofconcern, and both the dangerous waste unit and one or more of the solid waste management units or areas ofconcern are likely to have contributed to the release. Ecology did 

### not adopt regulations that would allow for alternative mechanisms to be used in lieu ofpost-closure permits or amendments to the requirements for post-closure permit applications . . Given the fact that Ecology generally defers decisions about post-closure permitting at most postclosure facilities until after completion ofcleanup under MTCA, the small number of facilities subject to post-closure care in Washington, and the resources that would be associated with

.--. --.. - - -- - - - .--_ ._. 3,6.•

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• seeking review and authorization ofa state alternative to apost-closurepermit, Ecology determined that these regulations were not necessary at the time. Similarly, the regulations reducing the amount ofinformation that must be submitted in a post-closure·permit application were not necessary. Regulations at WAC 173-303-840(b) and existing guidance on implementation of the federal hazardous waste program allow EPA andauthorized states to determine thatapost-closure permit is complete even if the application does not contain all of the elements that would be necessary in apermit application for an operating facility. 

### IV. Public Involvement and Availability 

### ofInformation to the Public (last update: 5/10/96) Ecology will inform the public ofmajorissues such as permit applications, petitions, proposed site clean-ups, proposed projects, and regulatory changes; and will consult interested and affected segments of the public before making important decisions. Ecology's overall goal is to "provide knowledge to the public about dangerous waste issues that vitally affect the state, to encourage broaderunderstanding of the public role in dangerous wastes and theirproper management, and to promote an open dialogue between the public, industry, and government" (WAC 173-303- 900). To help further this goal ofpublic involvement and participation in the decision making process, Ecology follows the requirements and guidance, where applicable, in the following: Washington Administrative Procedure Act, Washington State Register Act of 1977, Public Records Act, Guidelines for interpreting and implementing the State Environmental Policy Act (Chapter 197-11 WAC), 40 CFR Part 25 (Public Participation in Programs UnderRCRA, the Safe Drinking Water Act, and the Clean Water Act), and the Washington State SolidWaste ManagementPlan (December 1980). ., Forthe disclosure ofinformation to the public, Ecology uses provisions in Washington State law. Ecology's attorneys have certified the following in an Attorney General's Statement: Information is available to the public in a mannerequivalent to the provisions of 40 CFR Part 2. Ecology will provide responses in no more than twenty days (as required by WAC

. 173-303-905), and generally, in much less time than this. Mostinformation is generally

available to the public without the need to submit aformal request for disclosure (e.g., regulations, policy statements, pamphlets, annual report summaries, press releases). In addition, Ecology provides reasonable assistance to persons requesting information by helping such persons identify the records sought and, where necessary, by helping in the preparation ofdisclosure requests. Ecology provides the fullest possible disclosure ofrecords and information sought by the public. This information is always provided free ofcharge, with two exceptions. First, ifextensive copying costs are involved, then a fee may be charged. Second, ifthe information request involves significant costs from manipulating existing information into new forms (e.g., preparing brand new reports, conducting studies, correlating computer-based data), then a fee may be charged. The fees assessable under these two exceptions can be waived or reduced ifEcology determines that furnishing the information would be ofprimary benefit to the public at large.
Ecology can deny requests for information. Denials will include statements ofapplicable 

### appeal procedures and statutes oflimitations. If a disclosure request is denied because a claim of 37
ProgramDescription- Wa
.. hington Department of Ecology Hazardous Wusre Program Note: Each section designated byacapitalleneris dated separately. See Section Headings formost recent update.'business confidentiality could not be resolved within the twenty day response period specified in WAC 173-303-905, then the response provided to the person requesting such information will specify that failure to resolve the business confidentialityclaim is the cause of denial. 

### V. Revision ofthe State Program WheneverEcology revises its hazardous waste regulatory rules and procedures or substantively changes the hazardous waste program organization, EPA will be contacted to determine what modifications are necessary in the memorandum of agreement, Attorney General's statement, or otherdocuments. Ecology will modify the documents, as appropriate, and submit them to EPA for approval. Ecology does not expect to transfer any of its authorized functions to any other State agencies. Ecology intends to continue adopting Federal rules according to the rulemaking requirements. When Ecology finds that it is necessary to amend State laws orregulations due to EPA's promulgation of new regulations, then the State will proceed as follows: 

### A. Statutory Changes (last update: 5/10/96) Ecology will work with the State Legislature and appropriate committees to develop the necessary statutory language. The Washington State Legislature meets every year, so changes to State law should be accomplished within one year. Ifthe statutory changes are controversial, two years may be necessary. Ecologybelieves that amendments to State laws can be providedin two years or less in all cases. 

### B. Regulatory Changes (last update: 5/15/98) 

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o
Amendments to Stateregulations will be made in accordance with Chapter34.04 RCW, Administrative Procedures Act, and will generally be accomplished in eighteen months or less. Ecology will prepare proposedregulatory language in consultation with EPA to assure they properly address Federal changes; this shouldrequire no more than three months. Ecology has a lengthy, involvedrulemaking process with several steps beyond the Administrative Procedures Act required throughout the process, e.g. a rule development plan must be written. Following approval by the DeputyDirectorof the rulemaking plan and preparation of draft rule language, Ecology files the proposed language with the State Code Reviserfor publication in the State Register; once the proposed language appears in the State Register, the amendments must be adopted within six months. The first public hearing may be held 20 days after the proposed amendments are published. The public commertr periodmayendno soonerthan one week after-----

---- - the last public hearing and generally lasts for thirty to forty-five days. Ecology then prepares final amendatory language and files the final changes with the Code Reviser. The amended regulations are usually effective thirty-one days after adoption although the effective date may be later, ifnecessary. Thus, simple amendments take as few as twelve months from the beginning ofthe rulemaking process to the actual effecti ve date. More complicatedchanges may take as long as two years before the new rules go into effect.**\~--~._---**

, 

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• PART II PERMITTING REGULATIONS AND PROCEDURES

I. Introduction (last update: 5/10/96) Both on-site and off-site facilities that want to treat, store, and/ordispose ofdangerous wastes (TSDs), as well as facilities wanting to recycle dangerous wastes that are not specifically exempted by State regulation, are required by federal and/or State regulations to obtain apermit for these activities. Facility expansions and othermajorchanges in design and/or operation are subject to permit modification regulations. Under conditions specified in the regulations, certain facilities are allowed to continue operatingunder an 

### interim status permit until they receive a final permit. The purpose ofpermitting treatment, storage, disposal (TSD) and recycling facilities is to ensure that all facilities are builtand operated in a mannerthat will protect the public health andenvironment. Ecology must coordinate proposedpermits or majorpermit modifications with other State programs, including the State Environmental Policy Act (SEPA) and the Citizen/Proponent Negotiation (CPN) process. Both SEPA andCPN provide opportunities for public participation. SEPA requires broad evaluation of the impacts ofa proposed facility, in part to "promote efforts that will prevent or eliminate damage to the environment." CPN is a tool that communities can use to mitigate possible impacts of a new facility. In designing Washington's dangerous waste permitting program, Ecology adopted many of the requirements directly from the EPA regulations, although some were modified to reflect the differences between dangerous and extremely hazardous waste management practices or to address concerns in Washington State. The State rules thus either achieve EPA's requirements for equivalency or are more stringent. In the first several years after authorization ofthe State Hazardous Waste Program, Ecology concentrated onpermitting new or existing (interim status) facilities considered high priorityby both EPA and Ecology. Permitting priorities were determined using procedures that considered national permitting priorities. These priorities are described in the compliance monitoring section of this document. Completion ofboth permit actions that were in progress when the State program was authorized, and disposition ofEPA-issuedpermits after authorization were generallyin accordance with EPA's August 9, 1982 Program Implementation Guidance (PIG) 82-5. At the time of final State authorization, only condition 5 in PIG 82-5 applied to Washington. Anypermit actions taken priorto final authorization werejoint actions by the State

_ . aridEPA. Under Chapter 173-303 WAC the following types ofdangerous waste permits may be issuedby Ecology: Interim Status permits (-805); Final Status facility permits (-806); Emergency permits; Trial Bums forIncineratorFinal Status permits; Demonstration for LandTreatmentFinal Status permit; Research, Development, and Demonstration permits; and Permits by Rule. The following sections describe, in general, how these categories ofpermits are handled and discuss the permit development, review, and approval process as it is implemented by Ecology. 39
Program Description- Washington Department ofEcology Hazardous Waste Program Note: . Each section designated by acapital letteris dated separately. See Section Headings for most recent update.Table 1, which can be found at the end of this part, lists all existing TSD facilities in Washington State and their permit status. Procedures forjointpermitting are described in the Memorandum ofAgreement (MOA). 

### II. Interim Status Permits- Existing Treatment, Storage, and Disposal (TSD) (last update: 4/15/01) All existingTSDs (including recycling facilities) that have been granted Interim Status under Section 3005 of RCRA are deemed to have an interim status permit (also known as a Part A) under the Washington State program (WAC 173-303-805(3)). Facilities managing state-only dangerous wastes are deemed to have an interim status permit if the facility complied with the notification requirements of WAC 173-303-060 by May 11, 1982 and submitted a Part A application by August 9, 1982. Facilities that only qualify for State interim status and not federal interim status may not accept or manage RCRA regulated hazardous wastes. Maintenance of an interim status permit requires all facilities to adhere to the interim status standards cited in WAC 173-303-400 and -805. WAC 173-303-400 incorporates by reference 40 CFR Part 265 Section 265.19 of SubpartB, Subparts F through R, SubpartW, Subparts AA, BB, CC DD, and EE. Ecology assures that the State's reference is current with EPA changes for Interim Status facilities by updating WAC 173-303-045; currently this section states that any EPA regulations adopted (incorporated) by reference reflect federal rules in place on July 1, 1999. Thus, federal closure/postclosure care standards for interim status surface impoundments and expanded corporate guarantee forliability insurance are included in Chapter 173-303 WAC byreference. 

# o

Ecology also allows existing facilities that are not currently regulated to qualify for interim status 

# 0 if their activities become newly regulated by amendments to State regulations. To qualify, the owner/operatormust submit a Part A permit applicationwithin six months of the date the new amendments are adopted (equivalent to 40 CFR 270.1O(e)(l)(i)). Facilities may qualify for stateonly interim status if they are only affected by State rule changes; such facilities do not qualify for RCRA interim status unless they can otherwise qualify under Section 3005. Those facilities wishing to receive, or that are orderedbyEcology to receive, a final status permit must submit acompleted Part B application as defined in WAC 173-303-806 to Ecology within six months of its request. Late or incompletePartB applications will beprocessed in accordance with the State's enforcementpolicy. 

### III. Final Status Facility Permits A. General Information (last update: 5/10/96) Interim status facilities wishing to receive or ordered byEcology to receive a final status permit must submit acompletedPartB application as defined in WAC 173-303-806 to Ecology within six months of its request. Late or incomplete PartB applications will be processed in accordance with the State's enforcementpolicy. This is equivalent to 40 CFR Part 270 Subpart B. Initial permits are generally written byEcology stafflocated atheadquarters (the Hanford permit 

# 0

t----**------~--** ----

_ 40

------------ ProgramDescription- Washington Department of Ecology Hazardous waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings ror most recent update.

# •

• was written in the NuclearWaste Program); permit modifications "(see below) are, on the other hand, handledeitherin Ecology's regional offices, the Industrial Section of the SolidWaste and Financial Assistance Program, or the NuclearWaste Program, as appropriate. Primarily, the headquarters permits staffdoes research, demonstration, and development permits. When appropriate, they may be written by regional, IndustrialSection, or NuclearWaste Program staff. As required and defined by EPA, permitting events used in the permit review and approval/denial process are tracked in the RCRA Information System (RCRIS); this is discussed in further detail in Part IV-Data Collection and Management. B. Final Facility Permit Regulations (last update: 4115/01) WA.C 173-303-806(4)(a) specifies the general information requirements for all Part B permit applications (e.g., general facility description, waste analysis plan, contingency plan, closure plan, insurance documentation, etc.), while WAC 173-303-806(4)(b) through -806(4)(1) stipulate specific information requirements for specific facility components or operations (e.g., container storage units, waste piles, drip pads, process vents, etc.) All of these information requirements for the Part B permit are designed to reflect the minimum standards established for the management of dangerous wastes established in WAC 173-303-600 through -695 and in WAC 173-303-283 through -395. Where construction of a surface impoundment, waste pile, or landfill unit will take place, a construction quality assurance . program is required underWAC 173-303-335; this program must be developed and implemented under the direction of aregistered professional engineer. Information required in the Part B permit is used byEcology to determine compliance with minimum design, performance, and operating standards

. In addition to design, performance, and operating standards, WAC 173-303-620 specifies the financial liability and financial assurance requirements for obtaining apermit; financial assurance for closure, and for some facility types, post-closure care are required. Additionally, WAC 173- 303-646 requires facilities seeking a permit or required to have one to carry out any required corrective action, and to provide financial assurance so that necessary corrective action can be carried out. Finally, WAC 173-303-810 establishes general permit conditions for all permits exceptpermits by rule and interim status permits (e.g., duty to comply with permit conditions, duty ofproper operation and maintenance, etc.). As indicated, there are special additional Part B information requirements and special design, construction, performance, and/or operating standards for certain specific facility components or processes. Several of the more important requirements are indicated below:

Program Description- Washington Department ofEcology Hazardous wusae Program Note: Eachsection designated byacapital letterisdated separately. See Section Headings tor most recentupdate.issued to a facility. For new incinerators, a final permit must be issued before a trial burn can be conducted. In fact, a facility cannot be constructed until a final permit has been issued. However, the facility's final operating conditions cannot be set until after a trial bum has been conducted, under conditions specified in the final permit "trial burn plan", and analyzed.

.

# 0

State incineratorpermitting rules are essentially identical to federal rules. Both allow parallel units of identical design burning essentially identical wastes to qualify for anexemption from trial bums. In practice, however, trial bums are required for nearly all incinerators. The headquarters permits staff, or the Hanford Section of the NuclearWaste Program permits incinerators. C. New Facility Permits- Additional Requirements (last update:4I15/01) Planned new (i.e., those not having interim permits) facilities must complete bothParts A and B for a final facility permit. Before preparing the permit application, however, the owners/operators of the proposed facility (or facility expansion) must submit a Notice of Intent to the Department of Ecology. WAC 173-303-281 specifies the information that must be contained in this Notice ofIntent; ofparticularnote is the necessity to demonstrate: 1) the need for the proposed facility, using one of the methods outlinedin WAC 173-303-281(3)(vii); and 2) compliance with the siting criteria specifiedin WAC 173-303-282. EPA's expanded public participation requirements were adopted in 2000. These requirements include preapplication public meeting and notice requirements, which are included at WAC 173-303-281. IV. Other Types ofDangerous Waste ManagementFacility Permits There are anumber of more specialized types ofdangerous waste management facility permits that are provided for in Washington's regulations. These are not frequently used and are not discussed in great detail; the section in the Dangerous Waste Regulations covering each permit type is given: A. Permit by Rule (PBR) (last update:411510I) Ocean Disposal- WAC 173-303-802(2) Ocean disposal barges or vessels. The PBR requirements of the State are identical to

.federal standards; Underground Injection Wells- WAC 173-303-802(3). The PBR requirements prohibit underground injection ofextremely hazardous waste. They require compliance with 40 CFR 144.14 and all applicable State waste discharge permits and conditions; Publicly Owned TreatmentWorks (POTWs)- WAC 173-303-802(4) POTWs are subject to State PBR requirements that are identical to federal standards, except that POTWs may not accept extremely hazardous waste for disposal. State PBR amendments specifically exclude dangerous waste discharges to POTWs, unless the POTW has an appropriate water quality NPDES permit;

___-=42

_ Program Description- Washington Deparnrent of Ecology Hazardous Waste Program Note: Each section designated by a capital tetter is dated separately. See Section Headings for most recent update. 

# o



# o

# •

•

• Totally enclosed treatment facilities and elementary neutralization and wastewater treatmentunits - WAC 173-303-802(5); These facilities and units that treat state-only dangerous waste generated on or offsite, or federally regulated hazardous waste generated on site are considered to have aPBR if they comply with certain conditions. These include notification and identification numbers, designation ofdangerous waste, general waste analysis, security, contingency plan and emergency procedures, the manifest system (when applicable), records, reporting, and general performance standards. They must also have either an NPDES permit (National Pollution Discharge Elimination System), State waste discharge permit, or a pretreatmentpermit that covers the waste stream and constituents being discharged. If the facilities or units pose a threat or fail to comply with the PBR conditions, Ecology may require compliance with all the facility standards and require a full permit. 

### B. Emergency Permit- WAC 173-303-804 (last update: 5110/96) Ecology may issue an emergency permit to allow for treating, storing, or disposing wastes at facilities that either are not permitted (including interim status), or, ifpermitted, are not authorized at the time to manage the particular waste. Emergency permits will only be issued if doing so will alleviate imminent and substantialthreats to public health and the environment. The requirements for state-issued emergency permits are identical to the federal requirements of 40 CPR 270.61. C. 

### Trial Burns for DW (Dangerous Waste) IncineratorFinal Facility Permit- WAC 173- 303-807 (last update: 5/10/96) For purposes ofdetermining operational readiness and establishing conditions to be included in the final permit, Ecology may approve trial bums. For an existing facility, it is preparatory to a permit; for a new facility, the trial bum is a part of the final permit. Trial bums may not exceed seven hundred twenty hours operating time (with an additional seven hundred twenty hour extension for good cause, ifrequested by the applicant). The trial bum mustbe conductedin accordance with a trial bum plan prepared by the applicant and approved by the department. Based on waste analysis data in the trial bum plan, Ecology will specify which principal dangerous organic constituents must have theirdestruction and removal efficiencies calculated during the trial bum. These constituents will be specified based on Ecology's estimate of the difficulty ofincineration ofconstituents identified in the waste analysis, theirconcentration or mass in the waste feed, and the dangerous waste constituent or constituents identified in 

### WAC 173-303-9905, or identified as causing the waste to be regulated as a dangerous waste. 

### D. Demonstrations Permit (forDangerous Waste Land TreatmentFinal

Facility Permit)- WAC 173-303-808 (last update: 5110/96) Ecology may issue a land treatment demonstration permiteither in advance ofor as part ofa final facility permit so that the owner/operatorof a land treatment facility can make the demonstration required in

### WAC 173-303-655(3). Ifissued in advance ofthe final facility permit, the land treatment demonstration permit will be issued as a demonstration permit only 

### (WAC 173-303- 808(3»; if issued as part ofthe final facility permit, the land treatment demonstration and final 43
ProgramDescription- Washington Department ofEcology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings ror most recent update.facility permit will be issued as a phased permit (WAC 173-303-808(4». 

### E. Research, Development, and Demonstration Permit- WAC 173-303-809 (last update: 4/15/01) A research, development, and demonstration permit may be issued for any hazardous waste treatment facility that proposes an innovative and experimental hazardous waste treatment technology or process not yet regulated. These permits are to be issued by the headquarters' permits staffand have not required any additional resources for implementation. 

### V. PermitModifications (last update: 5/10/96) Washington's TSD (treatment, storage, and disposal facilities) permitting regulations provide for three classes ofpermit modifications for owners and operators of TSDs (WAC 173-303-830(4». Permit modifications provided for in the regulations are designed to allow flexibility to change specifiedpermit conditions, expandpublic notification and participation opportunities, and allow for expedited approval if no public concern exists for a proposed permit modification. The three classes ofpermit modifications are: 

### Class 1- covers routine changes, such as changing typographical errors, upgrading plans and records maintainedby the facility, orreplacing equipmentwith functionally equivalent equipment; 

### Class 2- addresses common or frequently occurring changes needed to maintain a facility's capability to manage wastes safely or to conform with new regulatory requirements; 

### Class 3- covers majorchanges that substantially alter a facility or its operations. State regulations differfrom federal rules regarding permit modifications only in that three types ofmodifications are consideredclass 2 modifications, ratherthan class 1 modifications, by the State: decreased rate ofwaste application, changes in any condition for a land treatment unit, and changes to allow a second land treatment demonstration. Modifications to existing permits are written at the appropriate regional office, the Industrial Section ofEcology's Central Programs, and the NuclearWaste Program. 

### VI. Permit Review and ApprovallDenial Process for Existing and New TSD (Treatment, Storage, and Disposal) Facilities 

### - ------ -.--,-.-.---- .--------


# o

o

A. Ecology Review and ApprovallDenial (last update:4115/01)

Program Description- Washington Department of Ecology Hazardous waste Program Note: Each section designated by a capitallelteris dated separately. See Section Headings for most recent update. Ecology, through its permitting process, ensures that all requirements and conditions described in WAC 173-303-800 through -845 are followed. During the permitting process Ecology will:

1. Provide assistance to applicants. 2. Receive and review applications, including financial assurance review. 3. Conduct site evaluations.

I 4. Assure analysis ofair, water, and/or soil samples as necessary. 1------**-~-----** 44 I I I 

# o5. 6. 7. 

# • 8. 9. 10. 11. 12.



# •

• Call for Part B permit applications. Review and make completeness determinations on Part B permitapplications. Review revised applications and prepare Notice ofDeficiency (NOD). Review and approve financial assurance documents. Issue draft permits and fact sheets (ifnecessary) or a statement ofbasis ofpermit determination. Coordinate with EPA during the review process. Open comment period, issue public notice, hold public hearings when necessary, and establish administrative record. Ensure application completeness, and that closure/post-closure andfinancial requirements are met prior to permit issuance and in accordance with State enforcement policies. 13. Coordinate State Environmental Policy Act compliance with the appropriate city or county. 14. Advise local citizens within the area potentially affected by the proposed facility (or facility modifications) of: the CitizenIProponent Negotiations process providedby WAC 173-303-902; State Environmental Policy Act requirements; and the dangerous waste management permit process. 15. Issue final permit actions. 16. Process changes to permits, including: Transfers, Modifications, Revocations, Reissuance, and Terminations. 17. Ensure properjudicial review ofpermits in cases ofapplicant appeals. 18. All formal EPA permitting/milestone events undertaken during the permitreview and approval/denial process are tracked in the RCRA Information System (RCRIS), as discussed in Part IV (Data Collection and Management). All permit applications submitted to Ecology must be signed in accordance with WAC 173-303- 810(12) and (13). Due to changes under RCW 70.105.215, Ecology included the additional permit certification language in WAC 173-303-810(13) to cover situations where the owner and operator ofaTSD facility are separate entities. However, Ecology and EPA have agreed to require that TSD applicants sign both the federal and the State certification when applying for a TSDpermit. When reviewing applications and writing permits Ecology ensures that all appropriate information is provided and required conditions are met. Appropriate engineering and hydrogeologic analysis, professionaljudgments and technical expertise, as well as EPA guidance and checklists that include both Federal andState requirements do this. Ecology has used a traditional process for reviewing permit applications, and in the mid-1990s instituted an expedited permit review process. The expedited review process relies on regular meetings between Ecology and the applicant to discuss needed changes. The attached flow charts (Figures 2 and 3) describe the 'order ofevents, lines ofresponsibility, intra- and interagency relationships that occur in the permit process, and the traditional and expedited review processes.

45
ProgramDescription- Washington Department of Ecology Hazardous WasteProgram Note: Eachsection designated byacapital letter is dated separately. See Section Headings for:most recent update.B. Judicial Review ofPermits (last update: 5110/96) WAC 173-303-845 states that any person who is adversely affected by a decision of Ecology under Chapter 173-303 WAC may appeal the decision to the Pollution Control Hearings Board pursuant to Chapter43.21B RCW. The Pollution Control Hearings BoardAct, WAC 371-08- 255, states that in the event the board determines that a permitissuedby Ecology under Chapter 173-303 WAC is invalid in any respect, the board will issue an orderremanding the permit to Ecology for reconsideration and appropriate action consistent with the provisions of said order and federal and State law. Any further appeals will be appealed to the superiorcourt of the State ofWashington and follow procedures per Chapters 43.21B and 34.05 RCW (Revised Code-of Washington). - In practice, Ecology has been able to negotiate settlements with most appellants prior to going

through formal Board action. These settlements can take as long as a year, with numerous discussions and negotiations. Thus, the HWTR (Hazardous WastelToxics Reduction) Program typically negotiates settlements that theBoardratifies.

46
Program Description- WashingtonDepartment ofEcology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

# o

o

### Figure 2. PermitProcess for Dangerous Waste Facilities

Ecology determines which agency is SEPA

lead agency

SEPA lead agency issues DNS for 15-

day comment period

Denial-+j No construction occurs 

# I Dangerous Waste Permit

Ecology issues Notice of Deficiency or determines sufficient information is available to prepare draft permit Proponent submits Notice of Intent, including demonstration of

compliance with siting criteria

Ecology reviews CPN report and k---------....:J'------------ final SEPA document Ecology prepares draft permit,

including applicable CPN agreements, and SEPA mitigation measures 'Citizen Proponent

, ' Negotiation '

CommiMee educates itself about the proposal and permit process

and begins negotiations with applicant , INTEGRATION OF PERMIT, SEPA, AND CPN PROCESSES FOR DANGEROUS WASTE FACILmES

No Citizen Proponent Negotiations or

agreements 

# •

•

Issuance



# • Committee, local governments and applicant prepare contract fo agreements not included in permi

DepartmentofEcology March 2001 The shaded area:atthe:top is for'new or'significantly,

.. ' ," :'**e.~~ding fai:iliti~s**  only ",,' , :"

47 Notes Local government will nomnally be SEPA lead, if it has a permit or other approval to issue, If there is no CPN process, the SEPA process does not have to be completed before Ecology prepares the draft permit. CPN is voluntary for proponents of treatment and storage facilities, mandatory for incineration or disposal facilities,

Program Description- Washington Department ofEcology Huziutlous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.Figure 3: Traditional and Expedited Permit Review Processes



# o 

# o

uiii s's. OlD lD 0; In lD 9.0- ll> ll> U ::l**~~** o lD £l) S. ::::'·cn OlD ::l 0- icantrevises ewsection Expedited Process May start with:


# · Notice of Intent, then full application



# · NOD and full application; or


# · Existing permit that is expiring soon or has expired.**~.** Set schedule for



# . Regular meetings; and



# . Submittallreview ofapplicati?n sections
Ecology receives and reviews revised

# r- o -c Q application section

. lD 0 0 

### t a 5' c: Ecology and facility meet to: lJl c 

# · Discuss Ecology's review



# · Receive newly revised application section Appl


# · Discuss needs for future application n sections


# · Resolve technical issues


# · Clarify problems and needed solutions 

# 1 Facility submits full application with changes inresponse to Ecology review
Ecology prepares draft permit decision

Ecology receives and evaluates public comments

## ,~ Ecology finalizes permit decision and prepares responses to comments
Ecology issues or denies permit 

# I Applicant revises

application Repeat notice cycle as needed

Ecology receives and reviews revisions Notice of Intent Traditional Process

Ecology finalizes permit decision and prepares responses to comments Ecology receives and evaluates public comments

Department of Ecology March 2001

48 

# ()

Program Description- WashingtonDepannenr of Ecology Hazardous Waste Program Note: Eachsection designated by a capital letteris dated separately. See Section Headings for most recent update.

### Table 1. 

### Permits for Hazardous Waste Facilities (last update: 10/3110I)



### • The following list is of facilities that have been permitted. Pollution planners are in italics. Facilities that have been permitted (permit may be expired):



# •

• 1. Applied Process Engineering Lab. (RD&D), Richland 2. ARCO Refining, Blaine (Industrial) 3. Allied Technology Group, Richland (NucWaste) 4. Bay Zinc, Yakima 5. Boeing, Auburn 

### 6. BSB/Hytek, Kent (post-closure permit) 7. Burlington Env. -Georgetown, Seattle 8. Burlington Env. - Kent 9. Burlington Env. - Pier 91, Seattle 10. Burlington Env. - Tacoma 11. Burlington Env: - Washougal 12. Dept of Energy, BPA, Ross Complex 13. Dept. ofEnergylWestinghouse/Battelle, Hanford (NucWaste) 14. Occidental Chemical, Tacoma (Pioneer ChlorAlkali) 15. Reichhold Chemical, Tacoma 16. Shell Oil, Anacortes (Industrial) 17. Sol-Pro, Tacoma (now Emerald Services) 18. TexacoRefining andMarketing, Anacortes (Industrial) 19. TaSCa Refining, Ferndale (Industrial) 20. Van Waters &'Rogers, Kent 21. Washington State University, Pullman 22. Washington Chemical, Spokane

49
Program Description-Washington Department of Ecology Hazardous WasteProgram Note: Each section designated bya capitaJ letter is dated separately. See Section Headings fer most recent update.

### PART III COMPLIANCE MONITORING AND 

### ENFORCEMENT

Note: Appendix 1 contains the full text of the Hazardous WastelToxic Reduction Program's (HWTR) Compliance Assurance Policy (January 19,2000). The following narrative on Compliance Monitoring and Enforcementincludes a summarization and, in some cases, elaboration, of information contained in the Compliance Assurance Policy. In particular, Section IV ("EnforcementProcedures") summarizes, explains and elaborates material in the Compliance Assurance Policy. The narrative is meant to offer a stand-alone description ofHWTR's compliance monitoring and enforcement policies for the reader not needing the specific formal details ofenforcement procedures contained in the Compliance Assurance Policy.

. I. 

### Authority (last update: 10/31101) Under the provisions of the Revised Code ofWashington (RCW) 70.105.080 and .095, Ecology has been given the authority to take enforcement action against any violatorof the State's dangerous waste laws and regulations. This authority includes the ability to levy civil penalties up to amaximum of $10,000 per day ofnoncompliarice per violation, ordercompliance with the regulations, and impose penalties for noncompliance with such orders. Provision is also made for appeal of departmental actions to the Pollution Control Hearings Board by the directly affected party. RCW 70.105.120 gives Ecology the authority to seek injunctive relief. Thus, Ecology has authority to direct the attorney general to bring suit on behalfof the State, or take other action as may be necessary, to immediatelyrestrain any person contributing to handling, storage, treatment, transportation, recycling, or disposal of any dangerous or solid waste in amannerthat may present an imminent and substantial endangerment to health or the environment. This authority is incorporated into WAC 173-303-960(2). RCW 70.105.090 makes certain violations a gross misdemeanor and provides for criminal sanctions. Additionally, Section 15 ofInitiative 97 amended Chapter70.105 RCW to provide for. strict liability for knowing endangerment ofpersons or property, with such offenses constituting a felony. The United States Environmental Protection Agency has authorized the State ofWashington's Dangerous Waste Program pursuant to the federal Resource Conservation and Recovery Act (RCRA). This authorization includes enforcement of the RCRA program through the Dangerous Waste Regulations, Chapter 173-303 WAC. Ecology/EPA agreements are developed as needed (for example, the November4, 1994 Corrective Action Authorization Program Description and the January 19,2000 Compliance Assurance Policy); these documents further outline respective roles and responsibilities.



### II. Facility InspectionslVisits (With and Without Target Numbers) and Selection Criteria
50
ProgramDescription- Washington Department ofEcology Hazardous Waste Program Note: Eachsection designated bya capital letter-is dated separately. See Section Headings for most recentupdate.**.--~**


# o

o

# •

• A. Introduction (last update: 4115/01) 

### The-goalof theProgram's compliance monitoring and enforcement efforts is to ensure that facilities are operating in compliance with RCRA's requirements in an effort to reduce

.environmental riskand protect human health. The State Hazardous Waste Plan (available from the Ecology Publications Office (360) 407- 7472) was written in 1992 and updated in 1994: It includes generator and TSD (treatment, storage, and disposal facilities) inspection recommendations for addressing resource availability, contact frequency, and for measuring and monitoring compliance. A summary paper was also preparedregarding Ecology's contactfrequency with hazardous waste generators. This paper discussed the various methods used by Ecology to contact generators to provide technical assistance on regulation compliance and pollution prevention. While the HWTR Program continues to strengthen regulatory compliance through aggressive and timely inspection and enforcementefforts, the Program's primary approach to achieving compliance is to offertechnical assistance and informal enforcement to help businesses understand and voluntarily comply with environmental regulations. This approach is used before resorting to formal enforcement unless there is an imminent threat to human health or the environment, orrepeated non-compliance with regulations deemed important enough on which to spend limited state resources. The Program also aggressively pursues a strong compliance education component. Examples of this education component include: production of industryspecific educational materials on waste reduction, treatment, and disposal; development of industry-specific workshops; enhancement ofgenerator workshops; and continuation and strengthening oftechnical hazardous waste periodicals such as Shoptalk. B. Mandatory Inspections (last update: 4iI5/01) EPA has set priorities for the frequency ofTreatment, Storage, and Disposal (TSD) facility inspections. Inspections are to occurusing the following schedule:
NOTE: LDF= Land Disposal Facility TSDs (general inspection) Federally Owned TSDs Land Disposal Facility - Once every 2 years Yearly

- Once every 2 years RCRA requires the State to commit to inspecting some non-specified number offully regulated large quantity generators (LQG) each 

### year, EPA's suggested five to eight percent (5 to 8%) of the universe of fully regulatedLQGs has been used as Ecology's guideline for the number ofLQGs inspected each year. 

# • C. Non-Mandatory InspectionslVisits (last update: 4115/0I)
51
Program Description- Washington Department of EcologyHazardous**WU5t~** Program Note: Eachsection designated bya capital letter is dated separately. See Section Headings for most recent update.In addition to inspections mandated by EPA, Ecology annually undertakes a substantial number ofadditional inspections and facility VIsits. These include: State Priority Inspections (including public complaint responses) Compliance Assistance (e.g., New Notifier, Focused Industry Campaign visits) MultimediaInspections Criminal Investigations Because 'ofEcology's emphasis on voluntary compliance, many compliance-relatedfacility visits are not formal inspections with the possibility ofenforcement; such facility visits are considered compliance assistance. Follow-up mayor may not include a letter providing for self-reporting of correction of regulatory infractions. All of these visits, with the exception of certain compliance technical assistance visits, are recorded in RCRA Info (Resource Conservation and Recovery Act Information System). Violations ofDangerous Waste Regulations determined as a result ofCompliance Assistance visits are discussed with business operators, but are not recorded and tracked in RCRIS. 

# o

As a part of the Regulatory Reform Act of 1995, the Washington State Legislature adopted ESHB 1010, codified at Chapter43.05 of the Revised Code ofWashington (RCW). Portions of this law requireEcology to provide an opportunity to correct violations prior to Ecology issuing penalties. Exceptions for issuing penalties are allowed under certain conditions where there is a probability of imminent or substantial harm to the environment, human health, or specific permit

.. violations exist. This new law does not substantially alter the traditional enforcement strategy adopted by Ecology. However, it imposed new procedural requirements and clarified the expectation that the agency would provide education and assistance before enforcement. 

# 0 During the passage of this law, Ecology coordinated with EPA and the State Legislature in an attempt to assure that it would not contradictRCRA enforcement policies and jeopardize Washington State's RCRA authorization. However, it was later determined that there was aconflict. Chapter43.05 RCW limitedEcology's authority to issue penalties in certain circumstances- See RCW 43.05.050 through .070. These limitations threatened the validity ofWashington's Dangerous Waste Program because Ecology's authorization is dependent upon its program being at least as stringent as the federal RCRA program. To ensure that Washington's dangerous waste program is as stringent as the federal RCRA.program, Ecology determinedpursuanttoRCW43.05.901 that the limitations of Ecology's authority to issuepenalties inRCW43.05.050 through 070 wouldnot apply to theportions of the State dangerous wasteprogram that implement federal RCRA requirements. Notice was sent to the Governor and the Legislature as required by RCW 43.05.901 on December 10,1997. Following is a briefdescription of the above listed categories of facility inspections/visits: 

### 1. State Priority Inspections These are formal inspections with possible enforcement follow-up that are performed at each region's discretion. Decisions on which facilities to inspect may be basedon a numberof criteria such as citizen complaints, past compliance record, type of facility, etc. 

# 0 52
ProgramDescription- Washington Department of EcologyHazardous waste Program Note: Eachsection designated by 3 capital letter is dated separately. See Section Headings for mostrecent update.

# •

•

• 2. Compliance Assistance Visits Ecology staffconducts a variety ofdifferent types ofcompliance assistance visits, including New Notifier visits, Increased Generator Contact visits, Joint Site Visits, Focused Industry Campaign visits, and Small Quantity Generator visits. Each ofthese have originated for differing purposes, but the overall goal is to make business operators aware ofhazardous waste requirements, provide targeted information on how regulations apply to theirbusiness, and offerinformation on means to gain voluntary compliance with the requirements. a. New Notifier Visits Visits to those facilitiesthat have recently notifiedEPA and the Department ofEcology oftheir existence, but have not yet been inspected. The purpose ofNew Notifier visits is to provide newnotifiers with necessary information about the regulatory requirements for their facility; it is hoped, then, that future inspections will result in fewercompliance issues needing to be addressed. The visit is only to supply the facility with regulatory information, and requires no formal write up. b. Increased Generator Contact Visits As part of Ecology's push towards voluntary compliance, aconcerted effortis being made to contact as many generators in the State as possible with basic information on dangerous waste regulations. High volume of facility contacts is amajor objective ofIncreased Generator Contact Visits. They aredesigned to be very short (less than 30 minutes), strictly voluntary informational visits targeted mainly at small and medium quantity generators. The point of the visit is to make

.. them aware of the substantive dangerous waste regulations, answer any questions, leave basic written material, and initiate communication with Ecology

.
c. Joint Site Visits Hazardous Waste (HW) Compliance Inspectors and Toxics Reduction staffconducts visits jointly; compliance and technical information and assistance are provided. Whetherthe lead staffperson is aCompliance Inspector or aToxics Reduction staffdepends upon the primary purpose of visit. d. Small Quantity Generators (SQGs) SQGs include both notifiers and non-notifiers. The determination of which facilities to inspect varies based on regional priorities, needs, and interests. Many inspections are the result of complaints, such as dumping antifreeze, solvents, etc. With the county moderate risk waste programs now in place, the counties do many of the SQG inspections in the State.

e. Focused Industry Campaigns Ecologyhas found that a concerted compliance education effort targeted at generators belonging to specific industries is an efficient and effective use ofresources and obtains desiredcompliance results from generators. A focused industry campaign involves working with an industry's professional organizations to develop educational material on dangerous waste regulations and issues specific to that industry; pollution prevention options are also addressed. Ecology then visits as many facilities belonging to the particulartargeted industry category as possible. Ideally, Ecology attempts to visit all facilities in the State belonging to the targeted industry that have, or should have, RCRA ill numbers; in cooperation with Ecology, local agencies conduct 53
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most recent update.visits to SQGs (those who have no RCRA ill numbers) within the targeted industry. 

### 3. Multimedia Inspections These inspections are conducted in conjunction with other Ecology Programs or EPA investigators for the purpose ofdetermining compliance with multiple environmental laws and regulations. This type ofinspection may result in enforcement follow-up. They are performed at each Region's discretion or through EPA's level D program. 

### 4. Criminal Investigations Criminal prosecution atEcology is the responsibility of Ecology's criminal investigators; they work closely withEPA Region 10criminal investigators. Ecology criminal investigators conduct site visits under search warrants to obtain physical evidence, samples, and witness orperpetrator statements relevant to possible criminal activity. Hazardous Waste/Toxics Reduction Program civil inspectors frequently participate as technical advisors during these search warrant investigations. 

### D. Corrective Action ComplianceMonitoring (last update: 4/15105) NOTE: The following information on Corrective Action is meant to briefly summarize certain aspects ofHazardous Wasteffoxics Reduction Program's (HWTR) Corrective Action procedures that may be of interest to the reader wanting a comprehensive overview of the Program. This Section is not meant to supersede HWTR's November 4, 1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or definitive information on HWTR's Corrective Action policies, procedures, funding, staffing, etc. 

# o

UnderRCRA Section 3004(u), corrective action is required for releases of hazardous waste and 

# 0 hazardous constituents from any solid waste management unit at a hazardous waste treatment, storage, or disposal facility subject to aRCRA permit, regardless of when the waste was placed in the unit. Financial assurance for the completion ofcorrective action is required. Under RCRA Section 3004(v), corrective action is also required for releases of hazardous waste and hazardous constituents that have migrated beyond the boundary of such a TSD (treatment, storage, and disposal) facility. In Washington State, WAC 173-303-646 provides the implementing regulations for corrective action. Whenever possible, Ecology integrates compliance monitoring activities forcorrective action with othercompliance monitoring activities. Ecology mayperform the following five compliance monitoringtasks for corrective action implementation: 

### 1. Corrective action compliance monitoring inspections Corrective action compliance oversightinspections are used to monitor the bulk ofcorrective action compliance field activities. These oversightinspections monitor site activity as required in the corrective action order or permits, and confirm that the owner/operatoris progressing with corrective action investigations, studies or implementation consistent with progress being reported. Corrective action compliance monitoring inspections may include sampling. 

### 2. Comprehensive groundwater monitoring evaluations 54
Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings ror most recent update. 

# o

# •

• A comprehensive groundwater monitoring evaluation is a detailed assessment of the adequacy of the design and operation of afacility's groundwatermonitoring system. They include review of the owner/operator's characterization of the hydrogeology beneath dangerous and solid waste management units, monitoring well placement, depth, spacing, and well design and construction. They also include a review of the operation of the groundwater monitoring system through an evaluation of the owner/operator's sampling and analysis plan, and its implementation. 

### 3. Operation and maintenance inspections Operation and maintenance inspections are conducted byEcology hydrogeologists to assess how well agroundwater monitoring system is functioning. Operation and maintenance inspections focus on the conditions of the wells and sampling devices. They include areview of adequacy of the facility's sampling procedures and methods, if sampling can be coordinated with the assessment. 

### 4. Case development inspections Case development inspections are intensive investigations to gather sufficient information to determine ifenforcement is appropriate and provide evidence and documentation to support an enforcement action. Case developmentinspections are resource intensive investigations, and may include sampling of all media and/orextensive documentation ofrecord keeping violations. 

### 5. Compliance schedule inspections Acompliance schedule inspection is an on-site inspection or otherreevaluation conducted to verify compliance with enforcement actions, to verify compliance with acorrective action schedule, or to review deficiencies noted in a previous inspection. 

### III. EnforcementProcedures (last update: 41\5/01) Note: Appendix 1 contains the full text ofHazardous WastelToxics Reduction Program's (HWTR) Compliance Assurance Policy. The following narrative on Enforcement Procedures includes a summarization and, in somecases, elaboration of, information contained in the Compliance Assurance Policy. The narrative is meant to offer a stand-alone description ofHWTR's compliance monitoring and enforcementpolicies for the readernot needing the specific formal details ofenforcement procedures contained in the Compliance Assurance Policy. Please refer to Appendix 1 for a formal presentation of HWTR's compliance assurance policies. In enforcementcases, HWTR Program staffconsiderthe full range ofenforcement options available and choose the type(s) ofaction that will achieve, in a fair manner, full compliance with dangerous waste laws and regulations. Before any formal enforcement options are considered, the HWTR Program is committed to offering technical assistance and informal enforcement to help businesses understand and voluntarily comply with environmental regulations. Ofcourse, violations that cause serious actual or imminent threats to human health or the environment will be acted upon immediately.

• It is Ecology's intent to make enforcement response decisions and to issue enforcement response 55·
Program Description- Washington Department (IfEcology Hazardous Waste Program Note: Each section designated by a rnpitalletteris dated separately. See Section Headings for most recent update.in a timely manner. In general, technical assistance and informal enforcement responses will be issued within 30 days of the determination of a violation. A "reasonable time" will be given to correct any compliance violations. "Reasonable time" will be determinedby considering the types of violations and the degree ofthreat to human health and the environment. However, wheneverpractical, all actions issued shouldrequire compliance within 90 days of violation notification. The HWTR Program will make every effort to issue formal enforcement actions within 90 days ofthe determination of a violation. However, in certain complex investigations a longer period may be required to develop an appropriate formal enforcement response; in these cases, up to 180 days will be allowed priorto issuance ofan action. Ecology's enforcement actions are divided into informal, formal, and criminal responses. 

### A. Informal Enforcement (last update: 4115/01) Informal enforcement tools are generally appropriate for violations encountered during first time visits to a facility anclJorto address minor violations, and may include:



### B. Formal Enforcement (last update: 4115/01) Formal enforcement action, based upon on-site compliance inspections, may be taken to address imminent threats to human health and the environment and other conditions which cause a facility to be classified as a Significant Non-Complier. A Significant Non-Complieris a facility that: a) has caused actual, or substantial likelihood, of exposure ofhumans orthe environment to hazardous waste or hazardous waste constituents; or b) is achronic orrecalcitrant violator of hazardous waste regulations; or c) has violation(s) which deviate substantiallyfrom the conditions of a permit, order, agreement, or hazardous waste statutory or regulatory requirement. Formal enforcement actions may also be used when informal enforcement does not achieve compliance. All violations and formal enforcement actions are tracked in the RCRA Info system, as discussed in Part IV (Data Collection andManagement). Formal enforcement may include: 

### 1. Administrative orders. Administrative orders direct a specific course ofaction within a specified time to achieve 56
Program Description- WashingIon Department of Ecology Hazardous Waste Progrnm Note: Each section designated by a capital letterisdated separately. See Section Headings for most recent update. 

# o

()

# •

•

• compliance. Administrative orders are unilateral actions, issued byEcology pursuant to statutory authorities. Administrative orders issued pursuant to Chapter70.105D RCW (Corrective Action) may be reviewed only in SuperiorCourt; orders regarding otherDW regulations may be appealed and/or settled as outlined in Section V below (Appeals and SettlementProcedures). 

### 2. Agreed Order Agreed Orders are negotiated agreements between Ecology and aregulated respondent. Agreed orders may be negotiated in lieu of an administrative order, or as resolution of an administrative order; Agreed Orders are not filed in acourt oflaw. Agreed orders direct a specified action or actions that must be taken by the respondent within a specified schedule. Agreedorders may contain provisions for administrative dispute resolution, enforcement, and/or stipulated penalties. 

### 3. ConsentDecree ConsentDecrees are legally binding negotiated settlements. Consent decrees must be signed by the Ecology division of the State Attorney General's office and be filed in SuperiorCourt. Consent decrees are enforceable by the courts. Failure to comply with aconsent decree may subject the violating party to contempt of court charges. 

### 4. InjunctiveRelief Ecology may seek injunctive reliefin cases of significant violations and/or severe environmental or human health risk. Injunctive reliefis sought in SuperiorCourt, and is generally initiated only after the violator has been notified of the violation and consequences ofnon-compliance, and has refused to take appropriate action. 

### 5. Penalties Ecology may assess penalties of up to $10,000 per day per violation for failure to comply with anyrequirement ofChapter70.105 RCW (Revised Code ofWashington) and any regulations adopted pursuant to it. The amount of apenalty is determined by classifying the violator, reviewing specific violations, evaluating discretion factors, and using enforcement examples. For further details on penalty determinations, please referto the Compliance Assurance Policy included as Appendix 1. 

### C. Criminal Prosecution (last update: 5110/96) Generally, Ecology will seekcriminal sanctions only when violations are continued or repeated despite formal agency notification of the violation and its possible consequences. In cases of .blatant disregardfor humanhealth or the environment, Ecology may seekimmediate criminal sanctions. The intent of criminal enforcement is to obtain compliance by both the violating facility and the rest ofthe regulated community; The operating assumption is that willful, knowing violators ofenvironmental laws should be dealt with in the criminal court system. This tends to promote compliance by serving as a deterrent to othermembers of the regulated community. Ecology can pursue both civil and criminal enforcement actions concurrently. However, once a case has been referred to criminal investigators for action, good communication with the criminal investigators is essential. During acriminal investigation all otherregulatory or administrative actions may continue to take place, such as inspections, responses to complaints, normal 57

. Program Description- Washington Depcrtnenr of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update

..'. permitting activities, and otherroutine administrative matters. Criminal prosecution requires a higher standard ofproofthan civil/administrative proceedings. In order to prevail in acriminal case, Ecology must prove beyond a reasonable doubt that the regulated entity knowingly intended to violate State law. Criminal prosecution atEcologyis the responsibility ofEcology's criminal investigators who work closely with criminal investigators at EPA Region 10 and other law enforcement agencies. 

### IV. Appeals and SettlementProcedures A. Appeals Process (last update: 4/15/01) Once a penalty or order has been issued, the violatorhas a right to appeal. An appeal may take one of two forms: 1) an Application for Relieffiled with Ecology for penalties, and/or 2) an Appeal filed with the Pollution Control Hearings Board (PCHB) for orders or penalties. 1. 

### Application for Relief A violatorhas fifteen calendardays, from the enforcement action delivery date, to file an Application for Reliefwith Ecology. Ecology acknowledges receipt of the Application within 30 days by letter. In the Application forRelief, the violator states why they feel the enforcement action is inappropriate, or presents hew relevant facts regarding the violation. The violator signs the Application for Reliefin the presence of a notary. 

# o

Ecology considers the information in the Application for Reliefand determines if the enforcement penalty is to be canceled, affirmed, or reduced. In conformance with Ecology's Enforcement Policy, penalties will not be mitigated based on improvements to facilities or 

# 0 commitments to improve facilities when such improvements were legally required prior to the issuance of the enforcement action. Penalties will only be canceledor mitigatedwhen additional facts relevant to the violations cited are broughtto Ecology's attention. Formal decisions are comprised of acover letter and a Notice ofDisposition Upon Application For Reliefwhich either affirms, mitigates or cancels the penalty assessed. The decision to mitigate, cancel, or affirm should include consideration of the argumentprovidedby the violator in the Application For Relief. 

### 2. Appeal to the Pollution Control Hearings Boar.d Any party feeling aggrieved by a final decision made by Ecology has the right to appeal to the Pollution Control Hearings Board (PCHB). The appeal must be filed directly with the PCHB within thirty days ofreceipt of the enforcement action orEcology's response to the application for relief. A copy of the appeal is sent to Ecology- Division of the Attorney General's Office and Ecology's Fiscal Office. The PCHB will set ahearing date; at the hearing the case will be reviewed and the PCHB will make a determination. Both the violator and Ecology have therightto appeal the PCHB determination through the courts.



### B. Innovative SettlementProcedures (last update: 4115/01)
58
Program Description. Washington Department of Ecology Hazardous Waste Program Note: Each section designated "bya capital letteris dated separately. See Section Headings tor most recent update. 

# ()

# •

•

• Note: Ecology's Innovative Settlement-Policy Guidance is presented in Appendix 2. Currently, Ecology is limited by law as to what its initial compliance enforcement actions can be: orders, penalties, and criminal actions. But once a violator appeals an enforcement action to the PCHB (Pollution Control Hearing Board), the violatorhas the option ofsettling with Ecology prior to the PCHB hearing. The full range ofoptions is considered during the settlement process. Generally, the violator's attorney will seekresolution by contacting the assistant attorney general in charge ofthe case. All settlement offers are handled through the State Attorney General's (AG) Office in conjunction with the staffwho originated the action. Innovative enforcement settlements can be considered only during the settlement process. The AG's office, in consultation with the regions/programs, must be involved in all innovative settlements. While such settlements are not new to Ecology, the use of them should be encouraged when it is felt that they will improve compliance and have a beneficial impact on the environment. Currently, funds from penalties assessed by the Hazardous Waste Program are deposited into the State general fund. Once in the general fund, the money mayormay not be used for environmentally beneficial projects. The use ofinnovative settlements makes it possible to funnel-money into projects that will directly benefit the environment. 

### 1. InnovativeEnforcementSettlement Guidelines A penalty must be issued Only permissible after appeal to the Pollution Control Hearings Board (PCHB) Project should benefit environmental medium that was impactedby the violation Project should have a great enough impact so that the violatordoes not receive an economic reward or tax break (the economic impact shouldbe equal to the penalty amount and should take into account economic benefit gained by the violator while they were in noncompliance) Project should not be something they have already done, were going to do anyway, or is already required by law, permit, or order Keep good documentation and develop acatalogue ofinnovative actions In general, innovative actions require the violatorto do more than simply pay a penalty. The resulting settlement often requires the violatorto providefunds for a variety ofenvironmentally beneficial activities. Examplesofpast innovative settlements include: funding for local Hazardous Materials teams, violator sponsored seminars, newsletters, stream clean-ups, household hazardous waste collection, and public education.
59
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by acapital letter is dated separately. See Section Headings for most recent update.

### 2. Innovative SettlementProcess Steps 1. A penalty is assessed by Ecology. 2. The violator submits an Application for Relief. 3. Ecology denies or mitigates the Application for Relief. 4. The violatorfiles an Appeal to the Pollution Control Hearings Board. 5. Priorto the Pollution Control Hearings Board final hearing, Ecology, in conjunction with the AttorneyGeneral's Office, negotiates an innovative settlement. The settlement may include stipulated penalties. 6. The violator withdraws the Appeal to the Pollution Control Hearings Board, and Ecology and the violator enterthe settlement agreement to the Pollution Control Hearings Board. (Note: If the violatorchooses to appeal directly to the PCHB, steps 4- 6 are followed.) 

# v.House Bill 1010 (Chapter43.05 RCW)- Technical Assistance Programs A. Purpose of HB 1010 (last update: 5/15/98) 

# o

Engrossed Substitute House Bill 1010 became effective on July 23, 1995 and is codified as Chapter43.05 RCW. It is amajorpiece ofregulatory reform legislation that includes significant 

# 0 provisions for technical assistance and enforcement that are applicable to Ecology. HBlOlO was initially developed by the Governor's Regulatory ReformTaskForce out of a concern about the volume and complexity ofgovernment regulations. The TaskForce believed that most people would comply with regulations i'f they knew and understood what was required. HB 1010 was based on the premise that it is appropriate and more effective for agencies to emphasize assistance and education before imposing penalties. Enforcement should not take place those who voluntarily comply at a disadvantage. The Bill supports taking enforcement action against persons who receive technical assistance, but still fail to comply with regulations within a reasonable time.
Note: It should be kept in mind that as mentioned atII. C., Ecology determined pursuant to RCW 43.05.901 that the limitations of Ecology's authority to issue penalties inRCW43.05.050 through 070 wouldnot apply to theportions of the State dangerous wasteprogram that implement federal RCRA requirements. 

### B. Provisions ofHB 1010 (last update: 5/10/96) HB 1010 basically directs Ecology (and other State agencies) to provide notice and an opportunity to correct many regulatory infractions before issuing administrative penalties; at the same time, it recognizes that immediate issuance of a penalty may be needed for certain types of violations. Among otherthings, this law: describes those situations when an immediate 60
Program Description- Washington Department of Ecology Hazardous WUSIC Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

# ,0

# •

•

• administrative penalty can be issued, clearly defines a "technical assistance" visit, and creates new documentation and notification requirements for site visits if the agency wishes to preserve the option of later issuing administrative penalties for failure to correctcertain types ofviolations within a reasonable time period

. HB 1010 defines a "technical assistance" visit as a visit by aregulatory agency to a facility, business, or other location that: a) has been requested or is voluntarily accepted; and b) is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit. While HB 1010 places some limits on issuing administrative penalties, it has no impact on Ecology's ability to pursue the following: administrative orders; injunctive relief; resource damage assessments; wages, premiums, interest, and late fees on existing obligations; MTCA (Model Toxics Control Act) penalties through the courts; and criminal actions. The law does not limit Ecology's authority to issue a civil penalty authorized by law based upon a person's failure to comply with specific terms and conditions of any permit or license issuedby Ecology to that person. For "technical assistance" visits, Ecology can still issue immediate administrative penalties for the following: a) the individual or business has previously been subject to an enforcement action for the same or similartype ofviolation, or has been given previous notice ofthe same or similartype ofviolation; b)the violation has a probability ofplacing a person in dangerof death orbodily harm, has aprobability ofcausing more than minor environmental harm, or has a probability ofcausing physical damage to the property ofanotherin an amount exceeding one thousand dollars. If aviolationfound during a technical assistance visit does not fit one of the above exceptions and Ecology wants to preserve the option ofissuing an administrative penalty, Ecology must. provide a "notice ofcorrection" to the owner ofoperatorofthe facility ofany violations oflaw or agency rules. This notice must be provided during the visit, or within areasonable time thereafter, and must include specific types ofinformation, including: a description ofthe condition that is not in compliance and the specific citation in the applicable law or rule; what is required to achieve compliance; the date by which the agency requires compliance; notice ofhow to contact any technical assistance services provided by the agency or others; and notice ofwhen, where, and to whom arequest to extend the compliance deadline for good cause may be filed with Ecology. During any site visit otherthan a "technical assistance" visit, Ecology may issue an immediate administrative penalty if the violations fall into categories "a)" or "b)" given above, 

### or compliance has not been achieved by the date established in apreviously issued notice of

. . correction. Ifno previous notice ofcorrection has been issued for a violation found during a nontechnical assistance visit and the violation doesn't fit into category "a)" or "b)" above, Ecology can issue a notice ofcorrection. The notice ofcorrection must contain the same information indicated above for a "technical assistance" visit notice ofcorrection. 61
ProgramDescription- Washington Departrrem of EcologyHazardous WasteProgram Note: Eachsection designated byacapital letteris dated separately. See Section Headings fer most recent update.

### PART IV DATA COLLECTION AND MANAGEMENT 

# o I. 

### RCRA Information Management (last update: 4/15/01) The cornerstone for information management in the Hazardous Waste Program is the EPA/State Identification, or RCRA Identification, numbernotification system. The U.S. Department of Transportation and EPA require an active RCRA identification number on manifests that accompany shipments ofregulated hazardous/dangerous wastes. A RCRA Identification (ID) numberidentifies the generators (originator), transporters, andTreatment, Storage, Disposal, and/or Recycling Facilities (receivers) that handle regulated dangerous wastes. A dangerous waste handler who needs a RCRA ID numberfills out aWashington State Notification of Dangerous Waste Activities form (Form 2) and sends it to the information unit at Ecology Headquarters. It is reviewed there for accuracy, then an ID number is assigned. The Washington Department ofEcology and the EPA work togetherto manage information relating to the implementation of RCRA. Both agencies use the Resource Conservation and Recovery Act Information System (RCRAlnfo) for the storage, tracking, and analysis of data relating to state and federal hazardous waste program activities. Those who generate, transport, store or treathazardous waste in Washington State are identified with the uniquely assigned federal ID number discussed above. Information obtained from Notification of Hazardous Waste Activities is entered intoEcology's "facility/site" information management system and provided to EPA on amonthly basis in the prescribed flat file formats for the RCRA Info HandlerModule. Applications for Hazardous Waste permits, inspections, corrective action procedures and 

# 0 enforcement proceedings are entered into RCRA Info by HWTR staff located in Ecology's headquarters and regional offices, and by Ecology staff in the Industrial Section (Solid Waste and Financial Assistance Programs) and the Kennewick office of the NuclearWaste Program. The information entered byEcology into the RCRA Info system exists with similarRCRA Info information entered by EPA. The details of how both agencies use RCRA Info and how the information merges togetheris described by a Memorandum ofUnderstanding (see Appendix 4). This memorandum allows the two agencies to divide or share the responsibilities for administering and monitoring RCRA compliance. RCRA Info information is used to provide feedback to Ecology staffand management on current, historical and planned activities, as well as provide data to EPA Region 10 and EPA Headquarters for their oversight functions. 

### II. Hazardous Waste Annual Reporting (last update: 4115/01) Each year, all sites within the State that have active RCRA Site lO#'s are required to submit Annual Dangerous Waste Reports. The reports are due to Ecology by March 1st of the following year. These active sites include generators, transporters, and treatment storage disposal recycling facilities (TSDR's). These reports are a detailed summary of the hazardous waste activity that occurred at each individual site. On the report, businesses give information as to the volume and 

# 0
62
Program Description- WashingIOn Depunrrem of Ecology Hazardous Waste Program Note: Each section designated by 3 capital letteris dated separately. See Section Headings (or most recent update.

# •

• types ofhazardous waste they generated and/or managed (eitheron-site or off-site), the origin of generation, and the final destination of the waste. The State's annual reporting system is stricterthan federal regulations that require data submissions from only Large Quantity Generators (LQGs) for the national Biennial Report on every odd numbered year (i.e., once every two years). Datafrom the annual reporting system has many uses: • It is submitted to EPA to satisfy the Federal Biennial Report requirements;

• His provided to other agencies and the business community that request the data for their own planning purposes; • Within Ecology, the data is used as the basis for, 1) biennial updates and revisions every six years to the State Hazardous Waste Plan; 2) regulatory development and change efforts; 3) technical assistance to promote waste reduction; 4) assessment ofHazardous Waste GeneratorFee's; 5) reports to the Legislature on the reduction of toxic chemicals and waste, and; 6) trend analysis for comparison to previous years' data to identify fluctuations. in waste activity and waste reduction success's. 

### A. Previous Hazardous Waste (HW) Reporting System (Form 4/Form5) (last update: 5110/96) From 1982 until 1994 Ecology collected annual report data on two forms: the Form 4 for generators and transporters ofdangerous waste, and the Form 5 for receivers (TSDRs or transporters, storers, disposers, OJ; recyclers) ofdangerous waste. These reports were originally designed to track 'cradle to grave' manifest information and to answerquestions about waste movements between different sites. In later years additional questions were asked about how waste was being managed on site; for example, 'How much waste is recycled on site?'. Yet, the . data elements needed to answer some basic current waste management questions and to meet

EPA's Biennial Reporting requirements were still missing. Additionally, Ecology was attempting to reduce stafftime allocated to QNQC (quality assurance/quality control), while simultaneously improving access to, and timeliness of, the data. 

### B. 

### Hazardous Waste (HW) Reporting System (last update: 4115101) Beginning in 1995, annual report data has been collected on a set of forms designed to track the nature, source, and management (both on-site and off-site) ofdangerous wastes. These forms were designed following an information needs analysis ofdata required under federal and Washington State law. These forms include: I

. ,



# • VF (Verification Form)- 

## GM (Generation and Management)- 

### WR (Waste Received)- reports general site location and contact information, reports waste generation and management, reports waste received from off-site,
63
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.The Annual Report data is submitted on eitherpaperforms or in electronic format using the State designed TurboWaste software. Upon receipt by the State, the report data is subject to a strict series ofquality control procedures. The report data is then entered into the Hazardous Waste Information Management System (HWIMSy). Once automated the data is then available for further analysis and use by agency staffand the public. 01 (Off-site Identification Form)- indexes name and address information to the ID numbers ofgenerators, transporters and TSDRs referenced in the otherforms. 

# o

III. Other ImportantData Systems The HWTR Program maintains anumber of other automated data systems designed to help organize Program information, track accomplishments, and plan how to best allocate resources. Among the. most important of these systems are the following: A. Institutional Memory (last update: 5/10/96) Institutional Memory is acomputerized compilation of hundreds of letters, memoranda, background documents, fact sheets, etc. that the HWTR Program has available to all staff to research questions concerning the interpretation ofdangerous waste regulations. All documents that may have future precedent setting or interpretive value are added to the Institutional Memory system. The system uses a software called Folio Views, that is a "text database" software capable of the 

# 0 following major functions unavailable with standard wordprocessing software: The Institutional Memory material is hierarchically organized. This allows for a table of contents that can quickly locate documents and display their topics. .Boolian searching is possible. The software indexes every word in the Institutional Memory system and can locate all places where specific combinations ofspecific words or phrases occur. Restricted searches speed search times. Using what are called "fields", Folio allows the creation of any number ofsub-sets ofthe information in the system. This allows extremely rapid searching and retrieval of search information. For example, Institutional Memory has a field called "keywords". When a search is done using the "keyword" field, only the information designated as being in the "keyword" field will be searched- not the thousands of pages in the entire system. The system has hypertext capability. Folio has the ability tojump from any point in the system to any other point in the systemin an endless chain. When researching telephone inquiries from the regulated community, staffoften initially searches Institutional Memory to see if, and how, Ecology staffhas addressed similarquestions in the past. 64
Progrnm Description- Washington Departrrenr ofEcology Hazardous Waste Program Note: Each section designated bya capital letteris dated separately. See Section Headings ror most recent update.

# •

•

• B. Monthly ReportDatabase (last update: 5110/96) The Hazardous Waste and Toxics Reduction Program (HWTR) performs many tasks related both to compliance monitoring/enforcement and pollution prevention which cannotbe tracked in RCRIS. The Program has developed anACCESS database application to quantitativelytrackthe more important of these tasks on amonthly basis. Examples ofdata tracked in the Monthly Report Database are: compliance workshops and number ofattendees, pollution prevention workshops andnumber ofattendees, number ofvisits to facilities that must prepare Pollution Prevention plans, numberofcompliance-related technical assistance phone calls answered, number of pollution prevention-related technical assistance phone calls answered. Data is entered into the system through Ecology's Wide Area Network; monthly and year-to-date summary reports can be generated by the system to assist Program management in assessing progress in achieving yearly task goals and in planning resource allocations in the future. 

### C. Pollution Prevention Plan Tracking System Database (last update: 4115/01) Under the State Pollution Prevention Planning law, businesses that generate over acertain amount of dangerous waste per year must report underfederal SARA ill (Toxics Release Inventory) section 313, and are required to prepare Pollution Prevention Plans and to submit annual progress reports (APR). The types of data and narrative content ofPollution Prevention Plans are specified in guidance issued by Ecology. HWTR has developed anACCESS database application to record certain types of data contained in Pollution Prevention plans and annual progress report; this data can then be analyzed in numerous ways to assess the success ofdifferent Program policies and undertakings. The Plan Tracking System Database (PTS) has undergone significant development in the past several years and is continuing to evolve. The database was used for extensive analysis of the first ten years of pollution planning requirements in the electroplating, printed circuit board, and fiberglass industry sectors. 

### D. Emergency Planning 

### & Community Right-to-Know (EPCRA) Database Washington State adopted the federal SARA Title ill regulations in Chapter 118.40WAC: As required by law, Washington established a State Emergency Response Commission (SERC) to oversee local emergency planning activities and collect information submitted by businesses. Ecology's Spill Response Teams work with the Emergency ManagementDivision of the State Military Department on emergency responses as well as local entities. The Community Right-toKnow Unit within Ecology's HWTR Program is the repository for all reporting elements under SARA Title ill. Community Right-to-Know staffdeveloped aMSAccess database application to track the facilities compliance history, chemical storage, and releases. In addition, Unit staffdeveloped an electronic reporting application, Epcramail, to assist in reporting under the TierTwo Emergency and Hazardous Chemical Inventory requirements. Facility-specific information and chemical data is shared with local and federal government, as well as the public. Chemical and industry 65
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated byacapital letter is dated separately. See Section Headings rormost recent update.specific information is analyzed and published each year in the Chemicals in Washington State Summary. Currently, the EPCRA database tracks approximately 6200 facilities. In 1999,3000 facilities 

# 0 reported 15,000 chemicals, including extremely hazardous substances underthe Section 312 (Tier Two) reporting requirements. In addition, 250 facilities reported under Section 313 (Toxic Release Inventory) requirements. Unit staffwork with US EPA stafffor enforcement actions.



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# o 66
Program Description- Washington Departrrent of EcologyHazardous WasteProgram Note: Eachsection designated bya capital letteris dated separately. See Section Headings Cormost recent update.

# •

• IV. Regulated Community Data Estimates A. Number ofNotifiers by Activity Reported (last update: 11/01/01) 

### The following information depicts the status ofWashington State as ofNovember 2001.

,**R~gul~te~(~Il!ity~;::"** -',,'.' ' - . . " 

### - ""," "", ,'-

, 

### -Current**',~'** " ':,

### ,~"t,'~~i~';:;

" ' , , . , ' -._4. .**'NuIitb~~~ ,~.**  , ' "

, ' ,**~,,"** "



### - , ,**;~"""** c.. 

### Generators

- fully regulated (Medium and Large Quantity 1,532 Generators) Generators

- conditionally exempt or currently not generating 5,211 (Small Quantity Generators, Transporters, Non Generators). TSDR's

- facilities that treat, store, dispose, or recycle (recycle 32 refers to commercial waste recycling activities)

B. AmountofWaste Treated, Stored, and Disposed (last update: 11101101) 

### Data collected and analyzed for 2000 showed the following:**~!Iaz~a_6,us .w~st.e,GenerafeQ:bY'~businesses:** 

# i~,'r¥_'~':i~i~~ c'2000::i",>:**lStife~I.~~?~:;:':'~:-;/,X:-, :;':":".i-<,;(;i;:,:~'r,,"<·**  

## .. ,' , ',"**2d~() Iis}:~**  

### '.: Recurrent (derivedfrom aproduction process, serVIce activity, or a 222,000 routine cleanup) Non Recurrent Waste (the result of

### a spill, equipment 34,000 decommissioning, or other remedial cleanup activity) Total .256,000

Managed on-site (waste generated and managed at the same 132,000 location) Managed off-site (waste sent off site to aTSDR Facility*, either in-state or out-of-state, for management) Total 124,000 256,000



# • *A facility that is permitted to receive waste from othergenerators for treatment, storage, disposal and/orrecycling management.

67
Program Description. Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.Hazardous 

### Waste Received and ManagedWA 

### TS]).RFadlities s 2000" 

## -,**'~",.:, ~:~."'~**  

## "":-'**,,(~·,l <,'.c~,~p,:;>~~,/~~'~l'~'**  

### (Tons) Treatment 15,560 

### Storage 1,163 

### Disposal 9,269 

### Recycling 1,134 

### Total 27,126 

# o

Im orted into W

### A from another state or countr Ex orted outofW

### A to another state orcountr

68
Program Description- washington Department of Ecology Hazardous Waste Program Note: Each section designated by a cnpitalletteris dated separately. See Section Headings Cor most recent update.**":,~, ~'2000,**  ;::**:~T'oils)** 12,145 92,700



# o

()

# •

•

• PART V AGENCY STRUCTURE, BUD.GET, AND RESOURCE ASSESSMENT

I. Agency and Hazardous Waste Program Organization and Responsibilities A. Departmentof Ecology Organization (last update: 5115198) 

### The Washington Department of Ecology (Ecology or Agency) is the agency mandated by the State Legislature to administerWashington's federally approved Resource Conservation and Recovery Act (RCRA) program. As shown in Figure 4 (Washington State Department of Ecology Organizational Chart), EcologyPrograms are essentially organized either by environmental media subject to contamination (air, land, water) or contaminant (e.g., nuclear waste) with four main regional offices (Central Regional Office in Yakima, Eastern Regional Office in Spokane, Northwest Regional Office in Bellevue, and Southwest Regional Office in Lacey) set up to 

### act as the operating arms of the agency. An exception is Central Programs,

.which has numerous cross media and cross Programfunctions. Each Program operates under an appointed Program Manager who reports to the DeputyDirector and the Directorof the Department. Within Ecology, three organizational groups have responsibilities for



### .implementingWashington's dangerous waste regulations and its federally

approved**R~RA** 

### program: the Hazardous Waste and Toxics Reduction Program (HWTR) in both the headquarters and regional offices, the Industrial Section (in the Solid Waste and Financial Assistance Program) located atheadquarters, and the Hanford Section (NuclearWaste Program) located both in the Tri-Cities and at headquarters. HWTR has lead responsibility and does the majority of the dangerous/hazardous waste regulatory implementation work. In 1990, Ecology Programs were reorganized to betterintegrate and coordinateEcology's work throughout the State. Prior to the reorganization, the regional offices were fairly autonomous r 

### entities under a Central Operations Program. Now, each Ecology Program has a Section located at each regional office operating under a Regional Office Section Supervisor. Regional Office Section Supervisors for each Program report directly to the respective Program Managers at the Ecology headquarters office. This organizational structure allows for better statewide consistency in planning aProgram's resource allocations, interpreting regulations, and implementing Program tasks. Regional Program Sections still have sufficient independence to address characteristics (e.g., industry types, population density, etc.) unique to their region. B. Hazardous Waste and Toxics Reduction Program Responsibilities and Organization (last update: 4/15/01) 1.

### Responsibilities and Tasks

a. Compliance Monitoring and Enforcement: The Hazardous Waste and Toxics Reduction Program has primaryresponsibility for implementing federal and State hazardous waste rules and regulations. It undertakes this responsibility through fair and reasonable exercise of the following tasks:
69
ProgramDescription- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by acapital letter is dated separately. See Section Headings for most recent update. -.:

.....:.. ...**:.-.-::.:-~-_.-_._._** ...

### Inspections: Conducting on-site inspections at generator locations and treatment, storage, and disposal (TSD) facilities. 

### Enforcement: Undertaking appropriate enforcement activities when regulatory violations are found; negotiating resolutions to violation's to increase overall regulatory compliance. 

# 0 Permitting Treatment, Storage, and Disposal (TSD) Facilities: Review permit applications and requests for permit modifications. 

### Closure Work: Review and oversee closure and post-closure of TSDs. 

### Corrective Action Work: Review and oversee corrective action work. 

### b. Voluntary Compliance and Education: In addition to compliance monitoring and enforcement tasks, HWTR devotes considerable resources to voluntary compliance with dangerous waste regulations. To promote voluntary compliance, the Program maintains a full range ofeducational and informational activities designed to help the regulatedcommunity voluntarily comply with State and federal regulations. Tasks undertaken by HWTR in this category include: New Notifier visits, Increased GeneratorContact visits, and single-industry campaigns; Preparation ofHazardous Waste guidance documents, Technical Information Memoranda, etc.;
. Conducting workshops addressing small business regulatory issues; Responding to compliance/regulatory phone calls, letters, etc. from organizations; and Supporting school curriculum developmentconcerning proper waste management.



### c. Promotion ofPollution Prevention and Toxics Reduction HWTR promotes pollution prevention both through provisions in the Pollution Prevention Planning law and through work unrelated to the planning requirements. With regard to implementing State requirements for pollution prevention planning, the following tasks are important to note: Assistance in facility-specific plan implementation by overseeing development and implementation ofrequired facility-specific Pollution Prevention Plans and Progress Reports, Provision of technical assistance and guidance on pollution prevention planning to facilities, Updating guidance for reporting progress in pollution prevention, and Publishing and distributing aPollution Prevention Guidance Manual. In addition to work required for pollution prevention planning, HWTR develops and maintains a full range of activities designed to promote pollution prevention. These include: Conducting workshops addressing small business pollution prevention issues; Developing pollution prevention written material, slide shows, etc.; Providing speakers for public service groups, community action groups, etc.; Supporting school curriculum development on pollution prevention; Providing incentives for Pollution Prevention in Industry; and Integrating pollution prevention into single-industrycampaigns. 70
Program Description- Washington Department of Ecology Hazardous waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 

# o

()

.**~.**

# ••

•

• d. Develop and Maintain Information Data Management and Reporting•. To comply with certain federal and State data tracking requirements, as well as assist in Program planning and resource allocation, HWTR collects, compiles, analyzes, and reports hazardous waste generation, transportation, treatment, storage, and disposal data; pollution prevention planning data; toxic substances use/use reduction data; and toxic substances release data. Specific data information management tasks include: Collecting, analyzing, and publishing data from Annual Reports from Hazardous Waste (HW) Handlers; Maintaining the Institutional Memory system, acomputerized compilation of all Programregulatory interpretations, background documents, fact sheets, etc.; Maintaining RCRA Info Hazardous Waste (HW) Handlers Database; Maintaining SARA ill Toxics Releases Database (TRI database);**~\** Developing and Maintaining Pollution Prevention Databases including the Pollution Prevention Plan Tracking Database and the Pollution Prevention Opportunity Database; and Maintaining Community-Right-to-Know hotline and public disclosure ofhazardous waste regulatory data. 2. HWTR Organization The Hazardous Waste and Toxics Reduction Program Manager supervises two headquarters sections- the Technical Assistance and Policy Section and theInformation and Permit Management Section- plus the HWTR staffin the Regions; organizational flow diagrams are shown inFigures 5 and 6.

a. Headquarters Sections Organization The Hazardous Waste and Toxics Reduction Program(HWTR) has two separate Sections at headquarters: 1) the Technical Assistance and Policy Section (TAPS), and 2) the Information and Permit Management Section (I&P). TAPS has primary responsibility for: Program planning and development; development of new Program policies and guidance; StatelEPA Performance Partnership (formerly SEA) planning and monitoring; Dangerous Waste Regulation development; and numerous technical regulatory supportfunctions (see Figure 5). TAPS developed and periodically updates the State Hazardous Waste Plan that includes recommendations forimproving dangerous/ hazardous waste management. Among its technical support functions, the TAP Section provides technical assistance, regulatory interpretations, and information for iricorporating pollution prevention into the operations ofbusinesses and industry, and amends the regulations and prepares authorization applications. The section works with the EPA to see that RCRA requirements for hazardous waste management are properly carried out at the State level. TAPS provides technical assistance to inspectors and permit writers in the Regional Offices, Industrial Section, and Hanford Section of the NuclearWaste Program. In addition, it coordinates compliance monitoring activities and ensures statewide consistency in the application ofDangerous Waste Regulations. Most public involvement aspects of the Program are coordinated through the TAP Section.
71
Program Description- Wa.shington Department ofEcology Hazardous Waste Program Note: Each section designated byacapital letter' is dated separately. See Section Headings ror most recentupdate.The I&P Section collects and analyzes data on hazardous waste streams and waste generators (annual reports, etc.). In addition, chemical storage and releases, and facility compliance history is maintained under the Community Right-to Know regulations

.. Any necessary tracking and reporting functions, including the annual report, are the responsibilities ofthis Section. I&P staff 

# 0 coordinate compliancewith the "Hazardous Waste Reduction Act", which requires certain generators to prepare comprehensive hazardous substance use/hazardous waste reduction plans. They are responsible for collection of these waste reduction plans, conducting required legislative tracking, and providing computer support required to compile and analyze data related to Waste Reduction Act planning. The Community Right-to-Know Unit staffcoordinate with othermembers of the State Emergency Response Commission, and with local and federal government. The Hazardous Waste Permits staffwithin I&P issue permits for facilities that treat, store, or dispose ofhazardous wastes. Before a facility can receive a permit, it must successfully demonstrate that it complies with stringent State and federal laws and will not harm public health or the environment. Permits staffare responsible for, or assist with, permits for many of the more complex TSD facilities in the state. The Permits staffcoordinates permit activities and write permits at selectedTSD facilities. 

### b. Regional Sections Organization Ecology regional office staffhas the authority and responsibility for all operational aspects of the HWTR Program 

### (Figure 6). The four Regional offices are located in four geographically separated regions of the State; HWTR Program staffis located in each region. The regions cover Southwest, Northwest, Central, and Eastern Washington. Each regional office has a designated HWTR Section. The regional staffare responsible for carrying out compliance inspections, conducting closure and post-closure activities (overseeing closures), reviewing plans and 

# C· permits, providing regulatory interpretations and technical assistance, responding to citizen complaints about such things as hazardous materials spills and illegal dumping, and overseeing corrective action. They are the primary agency contact with all generators, transporters, and some TSD facilities. Regional staffimplements the agency enforcementpolicy by documenting and making recommendations for enforcement actions to their Regional HWTR Section Supervisor who has signatory authority for all enforcement actions within theirjurisdiction. These supervisors report directly to the Hazardous Waste and Toxics Reduction Program Manager. They useguidance and policies provided by the TAPS Section and are responsible for completing tasks Ecology has committed to under the Performance Partnership agreement negotiated with EPA. The Industrial Section located in the SolidWaste and Financial Assistance Program and the Kennewick Office ofthe NuclearWaste Program also carry out regional office functions. The Industrial Section has majorindustries as their area ofresponsibility (e.g., pulp and paper, oil refining, and primary metals). This section essentially acts like a fifth region, performing compliance inspections and writing permits for most of their facilities. The NuclearWaste Program's Kennewick Office is located in Kennewick and is responsible for all dangerous/hazardous waste and hazardous waste cleanup program activities at the Hanford Reservation. Like the Industrial Section for majorindustries, the NuclearWaste Program's Kennewick Office carries out all the functions of a regional office at the Hanford Reservation. While itsprimary focus is the Hanford Reservation, the Kennewick Office also has responsibility 

# 0
72
Program Description- Washington Department ofEcology Hazardous wcsre Program

. Note: Each section designated bya capital letteris dated separately. See Section Headings for most recent update.

# •

•

• .for implementation of the dangerous/hazardous waste regulations and policies as they apply to mixed waste (dangerous/hazardous waste thatis also radioactive) at non-Hanford Reservation facilities. Generally, the responsibilities for inspection, permitting, compliance and enforcement, and corrective action at facilities where mixed waste is generated or treated, stored, or disposed 

## are carried out with the assistance of the appropriate Regional Office.

73
ProgramDescription- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by acapital letteris dated separately. See Section Headings for most**rece~t** update.Figure 4. Washington State DepartmentofEcology - February 2001 

### Washington State 

## Department of Ecology

DIRECTOR SPECIAL ASSISTANT OFFICE OF ATTORNEY GENERAL Tom Fitzsimmons Keith Phlll ips David Mears (360) 407-7001 ......................... Senior Assistant (360) 407·7144 Barb Patrick Attorney General ............................................. Dianne Pastore (360) 407·7014 (360) 586·6743 (360) 407-7009 Wanda James (360) 586·6747 

## I I i I
EMPLOYEE SERVICES COMMUNICATION & INTERGOVERNMENTAL DEPUTY DIRECTOR CENTRAL EASTERN EDUCATION RELATIONS OPERATIONS REGIONAL OFFICE REGIONAL OFFICE Joy SI. Germain Joe Williams Director Sheryl Hutchison Bill Alkire (Acting) Polly Zehm Tony Grover (360) 407·6218 Director Director (360) 407· 7011 Regional Director Regional Director Oartene Craig (360) 407·7004 (360) 407·7003 Barb Patrick (509) 457·7120 (509) 456·6149 (360) 407·6188 Joan McMillen Vickie Van Ness (360) 407·7014 John Althaus Mickie Fichtner (360) 407·7008 (509) 454·7295 (509) 456·6384 

# I I

NUCLEAR WASTE NORTHWEST SOUTHWEST ADMINISTRATIVE FINANCIAL SERVICES SPILL PREVENTION, WATER RESOURCES SOLID WASTE AND REGIONAL OFFICE REGIONAL OFFICE SERVICES PREPAREDNESS AND FINANCIAL ASSISTANCE Mike Wilson RESPONSE Joe Stohr Program Manager Ray Hellwig Sue Mauermann Carol Fleskes Nancy Stevenson Program Manager Cullen Stephenson Regional Director Regionai Director Chief Financial Officer (360) 407·6602 Program Manager 

# - (360) 407·7150 (425) 649·7010 (360) 407·6307 Administrative Services Gerry Kunkel Manager (360) 407· 7005 Program Manager Barbara Tovrea (360) 407·6103 Nancy Groves Barbara Pacifico . (360) 407·7012 Teresa Reno (360) 407·7450 (360) 407-6604 Helen Fox (360) 407·7149 (425) 649·7012 (360) 407·6308

Teresa Reno (360) 407·7007 Vicki Flores (360) 407·6105 (360) 407·7007 (360) 407· 7452 I WATER QUALITY TOXICS CLEANUP BELLINGHAM VANCOUVER

Megan White HAZARDOUS WASTE & Jim Pendowskl FIELD OFFICE FIELD OFFICE Program Manager TOXICS REDUCTION Program Manager r-- (360) 407·6405 Greg Sorlie (360)407·7177 Richard Grout lIoba Odum

Julie Ruster Program Manager Nancy Hautsnne Office Director Ollice Director (360) 407·6448 (360) 407·6702 (360) 407·7173 (360) 738·6255 (360) 649·7170 Ten North Carmen Gilmore Linda Hall SHORELAND (360) 407·6705 (360) 738·6250 (360) 649·7171 AIR QUALITY ENVIRONMENTAL

ASSISTANCE Mary Burg Gordon White ENVIRONMENTAL Program Manager Program Manager ASSESSMENT PROGRAM '-- (360) 407·6880 (360) 407·6977 Tracy Clark

Amy Krause Bill Backous (360) 407·6879 (360) 407-6966 Program Manager (360) 407-6699

Gayla lord (360) 407·6695
2/2001
(\ \ ) L'llUIC: eacu se...__-uesrguutee oy a cupuar seuer IS OUICU SCIJilnnCIY. eec**~CCliUIl** IICaUlIIgs sur IUUSt**I~CCIU** upuare. 

# o o

# ",.,

,i 1" 

# •

' 

# • Figure 5.**Hazardou~OWaste** 

## and Toxics Reduction 

## Program 

# , . ','**,I~** Headquarters

# Staf~ ,', , "

.. , ,

lynn Helbrecht EP , Dennis Bowhay

ES

Chris Chapman

WMS Cathy Bouge PS'

Jerry Parker

EP
Harry Johnson

SrVol ;,\' ,',

, ':',;,**,=",l~~~t.mn.** Marty Werner

EE**(~5~1._** Dan Dexter ITAS _.,111M).

....... Dan Kruger

ES(DA)**""""'~~~)-** Mariusz Twardowski ITAS , ,:1" ,':1

"""(27"'3\**.~** ...**~_.4mmu** ,,' Vacant

.... , .: 3135 "::' :"



### .,,:tt
........**_).1Il~u~** .. " Sadie Whlte'ner 'E$" ' ",.-.(;!Q.§l)"u•• ' larry McCallum EP**""",,,,l~~l.**...... ,,, Holly Sullivan

ES**~< ~.,**  •**'~.**

;, Last Update. September2000 Printed on: October4, 2000

.... ;':,'**~':** .'", . .'1', I**_~'.;** " .r' "'.

Program Description- washington Dcpurureut (IfEl,;olllBY Huzunfnus WUSIC Program Nete: Each section designated by a capltal lener Is dated separately, SeeSection Headings ror most recent update.

### Figure 6. Hazardous 

### Waste and Toxics Reduction Prpgram

., . Regional Staff '.".. . ,**-------------~** Progrum DCSf..i( Nashillgton Depurtnjent ofEcnlogy Hazardous WasteProgram Note: Each**sel·.~~·;.-acsigllaled** b)' a capital letteris dated separately. See Section Headings for most recent update. Mark Benedlcl

ES
Linda Pang Margll Dennis EE Banlowskl Bowhay' EE ES ._=(UUl..-_ Kala Petersen Dave Davies Rolle Parsloe Jan Brydsen # HG ES ES ES

_ •••1.lJZlL

....... SIan Lela James DeMay Lynn Maser

HG EE ES

Leon Wilhelm Bob Jim Dick EE Goldberg Pearson Granberg EE ES ES (IT)

'Dennis workslor TAPS

Laura •• Localed at CAD Schleyer

ES 76 

# 0 0 Dave Saunders ES

Dan Willey ES Nicky Swanson··

. ES Leslie Morris ES{IT)

Joe Cason ES

Kerry Graber ES

Brell Manning ES**_(~i!l_** Rachel Besl ET _Jl.illl_

Tillany Yellon ES """,,-CQ.!.!?1

__ Michelle Underwood

ES (.1) 

### _cum

Allee North EP

Last Update: September2000

Printed on: October4, 2000 _(!Q!11

Rob Reuler EE**_(~I>-** Scott Lamb ES**_(~l_** Jenny Yoo

EElIT)

/

### II. Hazardous Waste and Toxics Reduction Program (HWTR) Program Funding Sources (last update: 4/15/01) 

# • Table 2. Funding Profile for 2000 to 2001 (July 1,2000 - June 30, 2001)



# • FUND 

### Planned Planned 2000-2001 Fiscal Year Fiscal Year Biennium 2000 2001 Totals 1 

### General Fund-Federal (2) 

### $1,570,670 $1,967,789 $3,538,459 Local Toxics Control Account 90,665 93,783 184,448 Worker and CommunityRight to Know Account 602,367 622,376 1,224,743 State Toxics Control Account 5,006,801 5,057,158 10,063,959 Hazardous Waste Assistance Account 1,472,647 1,506,577 2,979,224 TOTALS $8,743,150 $9,249,683 $17,990,833

., 

### Major funding sources for the Dangerous Waste Program include federal RCRA (Resource Conservation and Recovery Act) grants, the State Toxics Control Account, and Hazardous Waste Assistanc.e Account.**----~~Figures-only"include-costs-for the-HWTR-Programs~-Ec6Iogy'sProgram**  

### Administration is not reflected in these figures. Theircost.is based upon an indirect rate negotiatedbetween Ecology andDepartment oflnterior. Rate is 31.6% times (Salaries 

### + Benefits) through the end ofFYOO; PYOI rate is 32.9%.

(I)

### Totals exclude AssistantDirectorbudget and Cost Recovery Budget

(2) 

### Includes several small Pollution Prevention grants and federal RCRA grants. The actual FYOO award forRCRA was $2,374;400 (HWTR Program's share was $1,824,400; Administration Program's share was $550,000). 

# • III. ProgramPlanningProcess (last update: 5/10/96) 

### The Programplanning process is meant to readjust Program objectives and resource allocations to optimally match the Program's performance with shifting internal and**e~ternal** 

### requirements and constraints. The HWTR Program has developed aplanning
77
Program Description- Washington Deparnrenr of Ecology Hazardous WasteProgram Note: Eachsectiondesignated by a capital letter is dated separately. See Section Headings for most recent update.process that was adopted as a model for all Programs in Ecology's Waste Division. This Program Resource Assessment and Reallocation process includes a number of iterative steps that include: a) establishing Program-specific goals-and objectives; b) establishing a Resource (FIE) Allocation Baseline; c) determining mandatory tasks andminimum or "core" FIE allocations to those tasks; d) brainstorming new tasks/initiatives, tasks to "do less of', tasks to "do more of', and success measures; e) prioritizing all current non-core resources for possible reallocation to higher priority new projects; f) developing detailed scoping ofpotential new projects; g) resource allocation and reallocation decisions by Management. Depending on decisions byProgram Management different steps in this planning process can be more or less intensive depending on circumstances in any given . year.

78
Program Description- Washington Department ofEcologyHazardouswnsre Program Note: Each section designated bya capilalletteris dated separately. See Section Headings for most recent update. 

# o



# o



# o

# •

WISHINGTON SllTE o E P I R I N E N I 0 f 

### ECOL 0 GY Appendix 1 (last update: 4115/01) 

### HAZARDOUS WASTE ANDTOXICS REDUCTION PROGRAM COMPLIANCE ASSURANCE POLICY



## Chapter 3: 

## Compliance Policy 3-1

Resource Contact: References: Implementation Network Effective: November 1989 Revised: January 2001 

# Hazardous Waste and Toxics Reduction Program Compliance Assurance Policy

ProgramPhilosophy The HWTR Program Will EmphasizeAnApproach ThatSeeks Voluntary Compliance By the Regulated Community. The HWTR Program expects that businesses and public agencies will operate in compliance withenvironmental regulations. Our approach to achieving compliance is to offer technical assistance and informal enforcement to help businesses understand and comply with environmental regulations. This approach is used before resorting to formal enforcementunless there is an imminent threat to human health or the environment, or repeated non-compliance with regulations deemed important enough on which to spend limited state resources. 

# • Purpose: This policy is to be used by Hazardous Waste and Toxics Reduction (HWTR) Program staffto: (a) assure the management ofhazardous substances and hazardous wastes in ways that are protective of human health and the environment; (b) promote voluntary compliance by persons subjectto toxics reduction planning and hazardous waste management laws and regulations; and, (c) ensure that enforcement actions are conducted in an effective, fair and consistent manner. .



# • In addition, the HWTR Program prefers an approach which places apriority on addressing problems and influencing as many businesses as feasible. This will result in a greater number ofbusinesses correcting violations that present risks to human health and the environment, rather than a lesser number ofbusinesses that achieve compliance with the full range ofregulatory requirements. Authority Hazardous Waste ManagementAct, Chapter 70.105 RCW; Dangerous WasteRegulations, Chapter 173-303 WAC; Hazardous Waste Fees, Chapter 70.95ERCW; Pollution Prevention Fees, Chapter 173-305 WAC; Hazardous Waste ReductionAct, Chapter 70.95C RCW; Pollution Prevention Planning Regulations, Chapter 173-307 WAC; Model Toxics Control Act, Chapter 70.105D RCW; TechnicalAssistance Officers, RCW43.21A.085 and .087; TechnicalAssistance Programs, Chapter43.05 RCW; and DelegatedAuthorityfrom the United States Environmental ProtectionAgencyfor the Resource Conservation andRecoveryAct (RCRA)

79
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a.capltal letterisdated separately. See Section Headings for most recent update.1. 

### The HWTRProgram Will Provide a Consistent Approach in the Implementation of the Hazardous Waste Regulations Throughout the State

HWTR Program staffare expected to treat persons subject to dangerous waste management requirements with equity and fairness. Rule interpretations and actions taken to assure compliance will be implemented in a similar fashion

# o. under similar circumstances throughout the state. The HWTR Program will continue to work with other Ecology entities (for example; NuclearWaste Program, Industrial Section) to encourage consistent implementation of waste managementrequirements at sites outside its responsibility. 

### 2. The HWTR Program, in Carrying Out Compliance Assurance Activities, Will Promote Timely and Effective Communication Among Effected Parties

HWTR staffwill seek to maintain open communication with regulated persons. Timely and open communication is one of the most effective means HWTR staffhave for achieving environmental protection through voluntary compliance. Open communication is preferred in order to minimize continued non-compliance and gain the most timely and cost effective resolution to waste management problems. When violations are cited in writing, the business operator will receive clear written direction stating how to achieve compliance, deadlines for achieving compliance, sources of technical assistance, and means for requesting an extension of deadlines. 

### 3. HWTRProgram StaffAre Encouraged to Use Alfof

### the Available Methods to Best Achieve Voluntary Compliance With Regulatory Requirements and Assure Protection of Human Health and the Environment

Available methods include technical assistance, informal enforcement, formal enforcement, and criminal referral. Technical assistance

- educational and assistance activities that are provided by the HWTR Program to explain regulatory requirements and help identify methods of achieving compliance. Technical assistance may occur thrOUghO telephone, written correspondence, publications, and workshops or other public presentations.

. Technical assistance also includes on-site visits which are requested or voluntarily accepted by a business. First time visits to a business by HWTRProgram staffwill typically be treated as technical assistance visits. On-site technical assistance visits may result in informal enforcement actions being taken by the HWTR Program. Current agency policies and interagency agreements with EPA that implement Chapter43.05 RCW will be employed to address violations identified during technical assistance visits. Informal enforcement

- actions taken by HWTR Program to address violations which result in relatively minor threats to human health and the environment and cooperation is expected in achieving compliance. Informal enforcement actions may include verbal directions or warnings, written letters or checklists whichconstitute a Notice ofCorrection under Chapter43.05 RCW, and a Notice ofDeficiency for hazardous waste permit applications. Informal enforcement action will not result in penalties when a business operatorcompletes necessary actions to comply with regulatory requirements within areasonable time. They will, however, be considered part of the public record for a facility. . Formal enforcement

- based upon on-site compliance inspections, formal enforcement actions may be taken to address imminent threats to human health andthe environment and other conditions which cause the facility to be classified as a Significant Non-Complier (violations ofpermits or orders, for example). Formal enforcement actions include: administrative orders, consent agreements,judicial actions and civil penalties. Formal enforcement actions may be appealed to the Pollution Control Hearings Board. Referral for Criminal Investigation

- Any person who knowingly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of the State Hazardous Waste Management Act (see RCW 70.105.085 and .090) may be subject to criminal prosecution. The HWTR Program may refer cases to the Criminal Investigation

. Division (jointEcologylEPA office) for investigation and potential prosecution. HWTR Program staff do notcondu() 80
Program Description. WashingtonDepartuent of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.

# •

.--



# • 4.



# s. criminal investigations. At the request ofthe Criminal Investigation Division, HWTR staffmay participate as technical advisors in certain phases ofcriminal investigations within the scope oftheir civil authority. 

### The HWTR ProgramWill Classify Violators Based Upon the Degree ofThreatto Human Health and the Environmentand History ofCompliance With theDangerous WasteRegulations

HWTRProgram staffareresponsible for identifying and prioritizing the facility responsible for violations. Violators are classified based on an analysis of the degree ofthreat presented to human health or the environment and the facility's overall compliance with the state Dangerous Waste Regulations. This includes prior recalcitrant behavior or a history of non-compliance as documented through Notices ofCorrection, orders, or penalties. Two classes ofviolators are recognized: Significant non-compliers CSNC) - are those facilities which: • have caused actual exposure, or a substantial likelihood ofexposure, ofhazardous waste or hazardous waste constituents to humans or the environment; or • are chronic or recalcitrant violators; or • have violation(s) which deviate substantially from the conditions of a permit, order, agreement, or hazardous waste statutory or regulatory requirement. The designation of SignificantNon-Complier is intended**~o** identify thosefacilitiesfor whichformal enforcement is appropriate. Secondary violators

- are those facilities with violations which do not meet the criteria listed for SNCs. Secondary violators pose no actual threat or a low potential threat ofhuman or environmental exposure to hazardous waste or constituents. A facility classified as an SV should not have a history ofrecalcitrant or non-compliant conduct. Secondary violators may be affordedthe opportunity to achieve voluntary compliance within a reasonable time period. 

### The HWTR ProgramMay Issue Penalties to Address Violations by SignificantNoncompliers.

.**~~.~ ~.~=,**  

### In makinga determination to issue a penalty and its amount, the HWTRProgramwill assess the degree ofthreatto human health and the environment, the class of violator, and the discretion factors listed below.

a. DiscretionFactors The HWTR Program uses discretion to arrive at a reasonable determination based upon the facts and conditions presented by specific cases. Use of discretion most often results in penalties that are lower than would be calculated through strict adherence to classification of individual violations and the penalty matrix. Primary factors which enter into the useof discretion include:

. Degreeof Threat to Human Health or the Environment. Actual or substantial likelihood of exposure to hazardous wastes or hazardous waste constituents should be evaluated using facility specific environmental and exposure information whenever possible. This may include evaluating potential exposure pathways and the mobility and toxicity of the hazardous waste being managed. However, it should be noted that environmental impact alone is sufficient to cause a facility to be a SNC, particularly when the environmental media affected require special protection (e.g., wetlands or sources ofunderground drinking water). Potential routes ofexposure to the environment should include those to air, soil, surface and ground water. Hist01Yof Compliance. Facilities may be found to be chronic or recalcitrant violators based solely upon prior dangerous waste violations and actions taken by the violator to correct identified problems. The degree of deviation from the purposes or requirementsofstatute, regulations, permits, orders or other agreement may be considered. Available Resources. Pursuing penalty actions requires extensive investmentofstate resources to develop, issue and follow through with the action. Unit supervisors or section managers will evaluate available resources and make the decision on whether or not to pursue a penalty. When a decision is made to forego assessmentofa penalty because of lack of resources, it will be documented in the facility's enforcement file and the program manager will be informed. Staffare expected to
81
ProgramDescription- Washington Department of Ecology Hazardous Waste Program**~ole:** Each section designated by a capital letterisdated separately. See Section Headings for most recent update.continue to attempt to achieve compliance through informal or other formal means (e.g., administrative order to address actual or potential threats to human health and the environment), as appropriate. Impact on the RegulatedCommunity. A penalty action may influence the behaviorof others in the regulated community by serving as an incentive for maintaining theircompliance. The degree to which a penalty may influence compliance by the

# 0
broader regulated community may be considered in making a decision to adjust the amount ofa penalty. Economic Benefits of Non-Compliance. Facilities may have benefited economicallyby not being incompliance with the Dangerous Waste Regulations. One way to remove any economic incentive a facility may receive in violating the dangerous waste regulations is to recover the economic benefit as part of the penaltyamount. However, estimating economic benefit can be difficult. In cases where economic benefit is obvious, that amount may be included directly in the penalty amount. The EPA BEN model is available for calculatingeconomic benefit for more complex situations where more quantifiable data are available. Please refer to the HWTRInspector's Manual- publication #99-410, for guidance and examples in calculating economic benefit. Small Business Incentives. On a federal level, EPA attempts to promote environmental compliance by small businesses through a policy that allows for reduced or eliniinated penalties when certain criteria are met ("Interim Policy on Compliance Incentives for Small Business, Fact Sheet", June 26,1995). The HWTRProgram recognizes that a reduced penalty for a small business may serve the same level ofincentive for compliance as a larger penalty assessed to a medium or large business. For the purposes of this policy a small business is defined as a person, corporation, partnership, or other entity who employs 50 or fewer individuals on acompany wide basis.1 HWTR staff mayconsider a reduction or elimination of a penalty when the SNC qualifies as a small business and allofthe following criteria are met:



### •

•



### •

• first violation. The business was not subjectto previous direction through a Notice ofCorrection or other formal enforcement action for violation ofthatrequirementin the past five years; no significant actual harm. The violation has not resulted in actual serious harm to human health, public safety, or the environment; corrective action in a timely manner. Steps are taken within areasonable time by the business to achieve compliance

# 0 and correctpotential threats to human health or the environment. the violation does not involve criminal conduct. In utilizing this discretion factor, penalties may be reduced no more than one level, per violation, as displayed in Table 1 (e.g., major may be reduced to medium, medium to minor, minor to zero), Public entities (e.g., local, state or federal agencies) are expected to comply with the requirements of theDangerous Waste Regulations. Normal inspection methods will be employed (unannounced inspections, for example). Consistent withthis policy and applicable agency policies, theHWTRProgram will take appropriate informal and formal enforcement actions to assure compliance. When a public entity is found to be a significant non-complier with major violations, formal action must be considered. Consentorders are the preferredformal vehicle and should be used when it is preferred by the recipient and compliance will be achieved in as early a tirneframe as possible. If the recipient does not respond to the proposed onsent action or negotiations are not completed in a timely manner, a unilateral action and/or penalty should be issued. b. Determination ofPenalty Amounts The HWTR Program may, under the authority ofRCW 70.105.080 and .095, issue a civil penalty for violation ofthe State Hazardous Waste Management Act, Dangerous Waste Regulations, or administrative order. Penalties may not exceed $10,000 per day for each violation cited. The amount ofa penalty will be determined by classifying the violator, reviewing specific violations, evaluating discretion factors and enforcement examples. The Environmental Protection Agency (EPA) has developed detailed guidance for establishing penalty amounts in their RCRA Civil Penalty Policy, dated October 1990. The HWTR Program has modified EPA's approach, however, the guidance provided by EPA is generally applicable and should be used to provide additional assistance when necessary.

Source: ·Regulatory Fairness Act, RCW 19.85. 82
Program Description- Washington Departrnent of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

# o

# • Each violation will be determined to be major. moderate, or minor based upon the seriousness of the violation. The discretion factors ofSection 5.a. will be considered when selecting apenalty amount from the ranges given for each category inTable 1. below. A penalty can be assessed for each violation, groups ofviolations, or on a per day basis. As a final step, staffshould evaluate the total penalty amount proposed in light of the nature of the individual violations to assure a fair and equitable penalty. A. Major Violations - in order to be classified as a major violation, the situation must exhibit one or more of the following conditions: • Actions which present an actual or imminent threat to human health or the environment; or • Actions which significantly deviate from the requirements of a regulation, an enforcement order, a permit, or a statute such that most (or the important aspects) ofthe requirements are not being met; or, • Actions which are a repetition or continuation of moderate violations or non-compliance with formal enforcement action in response to moderate violations. B. Moderate Violations - in order to be classified asa moderate violation, the .situation must pass the first criteria listed under this category (i.e., exhibit potential impact). • Actions that have potential to impact human health or the environment. • Actions which deviate from regulatory or statutory requirements but some of the requirements are being implemented as intended; or, • Actions which are a repetition or continuation of minor violations or non-compliance with formal enforcement action inresponse to moderate violations. C. MinorViolations • Actions of an administrative nature that have little or no potential to impact human health or the environment; or, Actions which deviate somewhatfrom regulatory or statutory requirements but most (or all of the important aspects) ofthe requirements are being 'met. 

# •• Table 1. Determination of Penalty Amount Category Penalty Range

Major $6,000

- $10,000 Moderate $3,000

- $6,000

Minor $500

- $3,000 Once a penalty recommendation is made, program managers will review and approve the recommendation prior to issuance. 

### 6. When settlement of a penalty is sought and agreed to by the HWTR Program andperson against whom a penalty has been issued, the program will encourage the use ofinnovative settlements.

In developing an agreement that includes innovative settlements; the program will adhere to agency policies and guidelines. Preference will be given to projects that: result in benefit to the environmental media impacted by the violation; have known economic value; have no or minimal economic benefitfor the violator; do not repeat a previous project or activity; do not result in something already required by law, permit or order; promote long term compliance withenvironmental regulations; provide adequate documentation; and, include some degree of monetary penalty being paid.


### The HWTRProgram may issue administrative orders requiring compliance either immediately or within a specified time period, as necessary, to address SignificantNonCompliers. When a SignificantNon-Complierfails to perform as directed in an administrative order, they are liable for civil penalties. 

### 7. 

# er---, --------'-------=:-----"------- 83
Program Description- Washingron Department ofEcology Hazardous waste Program Note: Each section designated by a capital letteris dated separn.tely. See Section Headings ror most recent update.RCW 70.105.095 grants authority and describes circumstances for issuing administrative orders. These circumstances are further modified by procedural requirements ofRCW 43.05. Administrative orders are used to direct a violator to take a specified course of action within a specified time period to achieve compliance. The HWTR Program uses several types of administrative orders, but they may be categorized in two general groups; a) unilateral, and, b) negotiated. Unilateral orders are issued without consultation with the violator. The conditions, time periods, and 

# 0 other stipulations of a negotiated order are discussed and agreed to between the HWTR Program and the violator. Unilateral orders are subject to appeal to the Pollution Control Hearings Board. Negotiated orders typically, as a condition of the order, are not subject to appeal.


### 8. The HWTR Program will take compliance assurance actions in a timely manner. Persons found to be in violation will be given a reasonable time to correct deficiencies. Imminent threats to public health and the environment will be addressed immediately.

Timely response by the HWTR Program'is critical to assuring compliance with regulatory requirements, averting or correcting threats to public health and the environment and maintaining good working relationships with regulated businesses. The timing of aresponse will vary depending upon the type of action being taken by the HWTR Program. In general, technical assistance and informal enforcement responses will be issued within 30 days of the determination of a violation. Persons found in violation ofregulatory requirements will be given areasonable time to correct deficiencies. "Reasonable time" will be determined by considering the type of violation, and degree of threat to human health and the environment. Business practices (e.g., financing, acquiring supplies, installing equipment, hiring consultants or contractors) may be considered, but will not be the sole factor in determining "reasonable time," especially when I conditions exist which present an imminent threat to human health and the environment. Whenever practical, all actions issued should require compliance by the violator within 90 days of the action. Deviations from this schedule may be necessary when substantial on-site construction is needed. Formal enforcementresponses may take longer to prepare, communicate and execute. Whenever practical, all formal enforcement actions should be issued within 90 days of the determination of a violation (e.g., actual or imminent 

# 0 threat) or the deadline(s) achieving compliance (e.g., Notice ofCorrection, Administrative Order). In establishing the 90-day standard, however, it is recognized that certain complex investigations and availability of state resources may require a longer period to develop the appropriate formal enforcement response. In these cases, up to 180 days will be allowed prior to issuance of the action. The HWTRProgram will make every attempt to issue formal enforcement actions within 90 days of the determination of violation. Should the 90 day period be exceeded, the lead HWTR staffperson will refer the proposed action to the appropriate manager for a decision to proceed, delay, or cancel it. 

### 9. Pollution prevention planning and assistance programs will be implemented solely through assistance and informal enforcement to achieve voluntary compliance by affected persons.

The HWTRProgram's pollution prevention activities are focused to a large degree on therequirementfor generators of hazardous wastes, whose generation amounts exceed the thresholds specified in statute and regulation, to prepare pollution prevention plans and annual progress reports. Toxics Reduction staffshall pursue compliance with this requirement solely through technical assistance and informal means (letters listing deficiencies, for example). Implementation ofpollution prevention opportunities by planners is voluntary. Pursuance of formal enforcement for missing planning or reporting deadlines would not foster an atmosphere conducive to voluntary implementation. This strategy also allows HWTR to use its limited resources providing technical support to those planners who are seriously working toward implementation ofpollution prevention measures.

84
Program Description- Washington Departmentof Ecology Hazardous WasteProgram Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

# (J

# • 10. The HWTRProgram will, when conducting Corrective Action activities, closely follow the policies and procedures established by the Toxics Cleanup Program to implement the Model Toxics Control Act and regulations. /

The HWTR Program implements a Corrective Action program for cleanup ofcontaminationathazardous waste treatment, storage and disposal facilities using authorities under the State Model Toxics Control Act and regulations. Specific policies and procedures governing Corrective Action have been adopted by the HWTR Program. Provisions for corrective action at specific facilities are incorporated into an operating permit or through administrative orders (negotiated or unilateral). 

### Activities conducted by the.

### HWTR Program to implement Corrective Action will emphasize a cooperative approach with potentially liablepersons. Agreed orders, consentdecrees, and unilateral

. . 

### actions will be employed, as necessary, consistent with existing policies and procedures.



# •

• Approved by:

# ~~- Date: January 19.2000

85
Progrum Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital Jetter is dated separately. See Section Headings for most recent update.

### Appendix 2 (last update: 4115/01) 

### Departmentof Ecology Innovative Settlement- Policy Guidance 

# o

There are two types ofsettlements to resolve administrative enforcement actions: traditional and innovative. Settlements that simply reduce a penalty or revise an orderto avoid litigation are considered traditional. Innovative settlements involve reducing a portion of the penalty assessed for apromise to take specific actions thatconfer direct environmental benefits. Innovative enforcement techniques are employed after apenalty is issued, has undergone appeal to"the PCHB and before the PCHB's final hearing. The Assistant Attorney General and the inspector/investigatorcoordinate efforts in the settlement negotiations. Upon reaching settlement, the violatorwithdraws the appeal and submits a settlement agreement to the PCHB. Innovative settlements should:

• Benefit the environmental medium harmed by the violation; • Have economic value no less than the initial penalty amount assessed; • Not allow the violatorto receive an economic reward or tax break; • Not be something the party has already done or was going to do anyway; • Not include actions already required by law, permit, or order; • Not exceed 80% of the original penalty amount. Innovative settlement proposals should conform to one or more of the following categories: 

# o

Pollution Prevention: A pollution prevention project is one that substantially reduces or prevents the generation or creation ofpollutants. 

### Environmental Restoration, Enhancement and Monitoring: An environmental restoration project is one that not only repairs environmental damage but goes beyondrepair to enhance the environment in the vicinity of the violating facility. 

### Environmental Auditing: An environmental auditing project is one where the respondent undertakes auditing practices, in addition to those already required by law, that are designed to seek corrections to existing management and/orenvironmental practices whose deficiencies appearto be contributing to recurring or potential violations. 

### Public Awareness: Public awareness projects include publications, broadcasts, or seminars aimed at the regulated community that underscore the importance ofenvironmental compliance and pollution prevention. Public awareness materials developed as a result of an innovative settlement must bereviewed and**app~oved** by Ecology. Past innovative settlements include: Violator sponsored seminars, newsletters, stream cleanups, household hazardous ;vaste collection, and public education.

86
ProgramDescription- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.Appendix 3 Technical Assistance/Compliance Inspection Checklist 

## DANGEROUS WASTE COMPLIANCE CHECKLIST Date: xx/xx/xx

OPENING CONFERENCE: Yes / Ni:>, 

# ..

,TYPEOFVISIT: Technical Assistance." ,-

### .Compliance

_ . ':

-_. ,_:,,-**;--~>;_"I~spe~!i()n':c- '.~**  -. -' .- SITETOUR: Yes! 

### NoComplaint
RECORDS REVIEW: Yes INo -**'."~"** .. -.« . -,

SITENAME: SITECONTACT(S): TITLE(S): Environmental Coordinator

PHONE:



## ------------------ WA

Z[J>:



### --------------- ADDRESS: MAILING ADDRESS: CITY: YEARS ON SITE: GENERATORIFACILITY STATUS:
.·PEOF**BUSINE~S:**


# --

LEAD CONTACT: OTHERREPRESENTATIVES: TIMEON SITE: REpORTDATE:


# -

PROCESSES THATGENERATEWASTES: COUNTY:
SQG

AM/PM MQG 

### G SIC#: LQ TSD

PHONE: RECYCLER OTHER

FAX:
AM/PM

POLLUTIONPREVENTION S'UGGESTIONS, TECHNICALASSISTANCEREFERRALS ----1_,

_**(~~** I WASTE STREAMS (DESCR[J>TION OR CODES):

Information and assistance on the following environmental programs is available from: f Ifyou are interested, you may call (Name and Phone Number) for information on free technical assistance visits from our Toxics Reduction staff.

Program Description-Washington Departmentof Ecology Hazardous WasteProgram Note: Eachsection designated by a capital letteris dated separately. See Section Headings for most recentupdate.SITE NAME: Date: Xx/xx/xx

. See Line #, CONDmONS NOTIN COMPUANCE Below 

# ()

LINE No. VIOLATION LINE WAC 173-303 No VIOLATION WAC 173-303 WASTEMANAGEMENT. -,'.
.. . . WAS1:'EMANAGEMENT. CqNT

.. r

.. 1 Waste Designation -070(3) 20 Notification & Identification #s -060(2) 2 Failure to Offer Waste to TSD -141 21 Manifesting -180 3 Spills/Discharges -145 22 Large Quantity GeneratorPlans -200(l)(e), -320 to -360 4 Treatment-by-Generator -170(3) 23 Recordkeeping Retention Times -210 5 Accumulation Time Limits -200(1)(a) 24 Annual ReportlException Report -220 6 Accumulation in ContainerslTanks -200(1)(b), see 25 Personnel Training Requirements -330 630/640 7 Container/Tank Labeling 200( 1)(c)(d) 26 Preparedness & Prevention -340 8 Secondary Containment -200( 1)(b) 27 Contingency Plan -350 9 Satellite Accumulation -200(2) 28 Emergencies -360 10 Medium Quantity Generator -201(c) 29 Permit-by-Rule -802(5) 11 Ignitable/Reactive/Incompatible -395 - ...

_OTHER DANGEROUS WASTEVIOLATIONS Wastes , 

# . ,: ., .

." .. . . 12 Used Oil Burned for Energy -515 30 Requirements for generators ofdangerous -170(1)(a) waste 13 Use/Mgmt. ofContainers -630 31 Requirements for accumulating dangerous -200(xx)(xx) waste on-site 14

- Condition ofcontainers -630(2) 32 15



### - Compatible containers -630(4) ".



### __ . OTHER ENVIRONMENTALLAWS/CONCERNS,

.. '"O'T ,- 16
. - Closed containers -630(5)(a) 33 17

- Container handling -630(5)(b) 34 18

- Weekly Inspections -630(6) 35 19

- Secondary Containment -630(7) 36 Reminder: Ecology willprovide a copy of the text of regulationsfor which violations are cited. QUESTIONS, CONCERNS, COMMENTS

ECOLOGYWILL: OWNER/OPERATORWILL:

88
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated bya capital letteris dated separately. See Section Headings ror most recent update. 

# o



# oSITENAME: WAD Date:



### -------

hstructions: The actions identified below are necessary in order to be in compliance with Washington Dangerous Waste Regulations (Ch. 173-303 WAC), or other environmental laws or regulations. Please indicate the date an action is completed and initial each item. Ifan action is not completed, please note in the "Date Completed" column and explain on back ofthis page. Return Completed Form or Requestfor Extension

-- Upon completion ofall actions listed above, please mail a copy ofthis form to the Washington Department ofEcology at the address listed below. An extension ofthe deadlines to achieve compliance may be requested. Pleasemake a request in writing, including the reasons an extension is necessary and proposed date(s) for completion, and send it to the Ecology LeadContact by XXX XX, 199X. Ecology will provide a written approval or denial ofyour request. By Date No. Action(s) Needed to Achieve Compliance ,When? Completed Initial
: '0

-

, ,



### -- -.:., .: "",',

.. - -

... _ .. - ' Ecology Lead Contact: Address:

eceivedBy: Date:

_

This checklist serves as a notice ofdeficiency for technical assistance visits or a notice ofcorrection for other site visits as provided for in theWashington State Law "Implementing Regulatory Reform" , Chapter403, Laws of 1995.

REVISIT NONE SPLITS OFFERED: Yes / No Focus SHEETS TIMs
YES/NO PHONE LETTER SAMPLES TAKEN: Yes / No STEP-BY,STEP FOLLOW-UP BYECOLOGY: PHOTOS TAKEN: Yes / No DOCUMENTS LEFr: REGULATIONS ADDITIONAL: ASSISTANCElENFORCEMENTPROGRAMS EXPLAINED: If you have any questions about information in this Checklist, please call the Ecology Lead Contact. The Department of Ecology is an equal opportunity agency. If you have special accommodation needs, contactFelicia Curtis at (360) 407-6721 or Julie Carrasco at (360) 407-6199 (Voice), or (360) 407-6006 (TDD)

.



# • 89

Program Description- Washington Department ofEcology Hazardous Waste Program Note: Eachsection designated by a capital letter is dated separately. See Section Headings for most recent update.

### Appendix 4 (Last Update: June 12.2001) 

### Resource Conservation and Recovery Act Information System (RCRAlnfo) Letter ofAgreement


### DRAFT This generic document defines the terms and responsibilities for managing data for both the U.S. EPA, Region 10 (Region 10) and Washington State under the Resource Conservation and Recovery Act (RCRA) Program. The data referredto resides in the Resource Conservation and Recovery Act Information System (RCRAlnfo), or the Biennial Reporting System (BRS). This document may be revised and may be used as a stand-alone document, may be turned into a data MOU or can be incorporated in part or wholly by reference into the State's Performance Partnership Agreement (PPA). State-specific agreements may also be added to this document as desired. RCRAInfo is an automated information management system for the storage, tracking and analysis of data relating to State and federal hazardous waste program activities. The database provides information needed to support the State and Region 10implementation of RCRA, as well as provides information needed by EPA Headquarters for their functions. 

# o

The State and Region 10 EPA share equally the access toRCRAlnfo. There is no Implementer of Record. The State and Region 10 users with "write" access are able to change any data. 

# 0 Except where agreed upon, Region 10 willnot change handler data, since handler data is translated from the State's HWIMSy database. This documentupholds the following basic principles: Serves as the official agreement between the State and Region 10 by identifying the areas ofinformation management associated with maintaining RCRAlnfo data;. Improves partnering, information sharing and the quality ofRCRAlnfo data; Provides a formal procedure for resolving disputes over the content of the data;. Clarifies RCRAlnfo data management requirements andprocedures. General Agreements: The State and Region 10 agree to share all data within the RCRAlnfo corrective action, permitting, handler, compliance/monitoring/enforcement and Biennial Reporting System (BRS) modules. The responsibilities for entering hazardous waste data that is collected by an Agency, is that Agency's responsibility. Data will be entered within 30 days of collection. Translator States are responsible for providing to the Region, acceptable monthly translations of any RCRAlnfo datanot directly enteredinto RCRAlnfo. The data that must be entered by the Region and States is the System-required or "Nationally Agreed Upon" data defined by the most current version of the DataElementDictionary (DED). Communications and Relationships: The Region 10 and the State data entry and programmatic staffshould work togetherto ensure that RCRAlnfo data management is .90 ProgramDescription.Washington Department of Ecology Hazardous WasteProgram Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update. 

# ()

# •

•

• successful. The Region 10RCRAInfo Systems Administrator (RSA) will assist and support both. the Region 10 staff and State staff(as she/he is able) when problem-solving and in interpreting RCRAInfo requirements. State staffshould contact their assigned Region 10 data contact when Region 10. assistance with problem-solving requires the input ofthe RSA. Region 10 and the State agree to consult with each otherfrequently about data decisions that are new or unusual and any decision that affects any of the calculated universes. Electronic data access: RCRAInfo UserIDs will remain the same as those used in the RCRIS mainframe if the User was established priorto the transition to the new system. New Users will contactRegion 10 to establish a User ID. States will access RCRAInfo via an Internet secure site connection. States may be required to access the secure site with acompatible version ofInternet Browser software. RCRA Identification NumberIssuance: Region 10 Authorized States have primary responsibility for the Handler module, including the generation and issuance ofHazardous Waste ID numbers (ID numbers) accomplished by completing an 'N' record. The State will update, inactivate, reactivate and verify ID numbers for all regulated handlers. IDnumberissuance will occur within 10 days ofreceipt of a completed 8700-12 

### orState equivalent form. "State-only" Hazardous Waste ID Numbers: In addition to being responsible for issuing ID numbers to RCRA regulated handlers, the State may use the database to track handlers who are regulated under the State's own (broaderin scope or more stringent than) hazardous waste rules as long as the associated ID numbers begin with the State's own postal code. "State-only" handlers in RCRAInfo must be readily discernable as being tracked for State purposes only and may be tracked in all appropriate modules. Regional Role: The Region will assist States in maintaining the national database, provide assistance with access to State users, develop/share agreed-upon reports, and conduct data oversight duties including the development and negotiating of policies related to national issues. Policies developed will aim toward National consistency and equityfor Region 10 States. Non-NotifierID Numbers: Each State is responsible for entering non-notifiers it discovers into the RCRAInfo handler module as an'S' record when generating anon-notifierID number. The accompanying inspection that "discovers" the non-notifier should also be entered into the CM&E module. Nomenclature: Each State's site naming process will be consistent with EPA's standard nomenclature policies to ensure that the data.drawn from national systems to respond to EPA and State staffreporting needs, as well as used to populate public databases (such as Envirofacts) sorts properly and is easy to pull. The State will use the FINDS standard and the Federal Facility nomenclature standard for data entry. Changes to nomenclature standards will be sharedby Region 10 with State staffwhenever it occurs. Documentation: The State will maintain complete physical and/orelectronic files on each handlerissued a RCRA ID number. Copies of forms submitted to the State where changes to status occur (activate, inactivate) will be sent to Region 10monthly. The State will document
91
Program Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated by a capital leiteris dated separately. See Section Headings for most recent update.TSD Universe Calculations: Both Agencies will consult with one anotherbefore making any changes to the TSD universe because of the Government Performance Results Act (GPRA) implications and Universe calculations. This can be done at sites meetings, on conference calls or by official mail or any agreement documented to the other Agency and placed into the handler's physical file. In RCRAInfo, the official universes will be those calculated by the model described in the DED. Handler: All handler data required on the Federal StandardForm 8700-12, Rev. 12/99 Notification ofRegulated Waste Activity (or State equivalent) will be collected andentered by the State into their State translator system or aRCRAInfo 'N' record within 10 working days of receipt. Iftranslated, handler data will be on-time and errorfree when sent to the Region for uploading monthly according to an established schedule. The State and Region 10 will establish and use an agreed-upon programmatic process to come to agreement on RCRA handler status that is entered in the database. The State and Region 10 willjointly decide whichHandler module reports will be used to assess/manage data in the Handlermodule. WhicheverAgency's reports are selected, that Agency will make the reports available to the other Agency via hardcopy or menu selection. Both Agencies will incorporate these reports into theirregulardata analysis. Permitting/Closure: Federal StandardForm 8700-23, Rev. 12/99 Part

### Aforms (or State equivalent) will be received, processed and the data entered into RCRIS/RCRAInfo by the State no more than 10 days after receipt. Where the State does not have regulatory authority, the State will send the Part A information to the Region 10, who will enterit into RCRIS/RCRAInfo within 10 days of receipt. The State and Region 10 will.establish and maintain a process to assure that each permit writer will review data for each facility they are responsible for on a monthly basis and submit revisions for data input. At no time will data for any facility be more than 2 months behind. All State activities related to the RCRISIRCRAInfo Permitting/Closure module will be enter within 10 days after they occur and RCRISIRCRAInfo Permitting reports 92
Program Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. ---------1 I



# o

()

# •

•

• will be reviewed for missing and inaccurate data by the responsible department. Joint permitting/closure activities will be entered into RCRIS/RCRAlnfo by the State within 10 days. The State standard QA/QC procedures will be used to verify that the data has ?een accepted correctly byRCRIS/RCRAlnfo. The State and Region 10 willjointly decide which RCRISIRCRAlnfo Permitting module reports will be used to assess and manage data within thePermitting module. Whichever Agency's reports are selected, that Agency will make the reports available to the other Agency via monthly hardcopy or report menu selection. Both Agencies will incorporate these reports into theirregular data analysis. Compliance/MonitoringlEnforcement (CM&E): The State will review its CM&E data monthly. Updates to the Compliance module ofRCRISIRCRAInfo will be entered within 10 days of the action taken. The State's unresolved violations will be reviewed monthly by the State and all activities related to these unresolved violations entered. The State and EPA Region 10 will makecontinuous efforts to coordinate all compliance, enforcement and inspection data. Predecisional enforcement data will not be released to the public withoutEPA approval. The State and Region 10 will establish and maintain a process to assure that each inspector/enforcement officer will review data for each facility they are responsible for on a monthly basis and submit revisions for data input. At no time will data for any facility be more than 2 months behind. The State and Region 10 willjointly decide which RCRAInfo CM&E reports will be used to assess and manage data within the CM&E module. WhicheverAgency's reports are selected, that Agency will make the reports available to the otherAgency via monthly hardcopy or report menu selection. Both Agencies will incorporate these reports into their regulardata analysis. Corrective Action: Handlers undergoing Corrective Action (CA) will be the focus of attention by both Agencies during the FY 1998-2002 time span due to the Government Performance Results Act (GPRA). These handlers will receive additional monthly reviews for activities, regular discussion at sites meetings and special conference calls. The State and Region 10 will establish and maintain a process to assure that each correcti ve action/closure lead willreview data for each facility they are responsible for on a monthly basis and submitrevisions for data input. At no time will data for any facility be more than 2 months behind. The State and Region 10 willjointly decide which RCRAInfo CA module reports will be used to assess and manage data within the CA module. Whichever Agency's reports are selected, that Agency will make the reports available to the other Agency via regularmonthly hardcopy or as a report menu selection. Both Agencies will incorporate these reports into their regular data analysis. Annual Reporting and Biennial Reporting: The State will collect, process and enter State annual reporting and/or Biennial Reporting System (BRS) data according to each required schedule. BRS data will be on-time and free of errors priorto transmittal to Region 10 for the national BRS reporting cycle. Staffing: The State will appoint one person to be the primary data contact for RCRAlnfo data management. This person will function as the'technical contact or the Database Administrator: This person will be responsible to communicating with Region 10 on issues related to RCRAInfo. In addition, this person will be responsible for making sure users are trained, documentation is kept up-to-date, data is QA/QC'd according to established timeframes, that all data is entered or sent to Region 10 in a timely manner, required reports are able to be printed,
93
Program Description- Washington Department of EcologyHazardouswaste Program Note: Each section designated by a capital letteris dated separately. See Section Headings for most recent update.and to provide guidance to State Managers on data-related policy issues. (These duties may be more appropriately split between a technical and program'person, but the roles would need to be communicated to State and EPA staff.) Dispute Resolution: EPA Region 10 and the State agree to follow the procedure detailed below to resolve disputes. Whenever data problems occur, the Agency identifying the problem will be responsible for providing all pertinent data to the other Agency. Region 10 and the State agree to resolve disputes at the stafflevel wheneverpossible. Once the elements of a dispute have been identified, the Agency identifying the items will contact the otherAgency within two (2) days to discuss the data in question. Ifstaffcannot resolve the problem within one (1) week, it will be escalated to the Unit/Section management level for resolution. Ifit is determined that resolution cannot be reached within one (1) week at the first management levels ofboth Agencies, the problem will be escalated to the next level of management for a one (1) weekreview/decision until itreaches the highest management level. Final authority for dispute resolution will rest with the EPA Manager of the Office ofWaste and Chemicals Management and the SeniorManager for the RCRA Programwithin the State. Both Agencies agree that the maximum time frame for resolving any RCRAInfo related issue will not exceed 20 days from the date ofproblem identification. Amendment: Should there be any significantchanges in RCRA Policy, the State's relationship to Region 10 in terms ofAuthorization or substantial enhancement/modification to the database system, Region 10 and the State agree that this document may be amendedby letter to add provisions that ensure the timely management ofquality data in RCRAInfo. This agreement does not affect the legal rights that eitherparty has, or provide any rights to non-signing facilities or persons. Once signed, this document will continue to be in effect unless modified by mutual consent. The individuals signing below agree to ensure that RCRAInfo data management is properly' administered at the State and in Region 10.

Forthe United States Environmental Protection Agency

xxxxxx OWCM Manager Date

_

The State of

94
Program Desc

.. riptkm- Washington Department of Ecology Hazardous Waste Program Note: Each section designated bya capital letteris dated separately. See Section Headings for most recent update. 

# o

o

()

# •

•

• xxxx State Manager Date

_

95
Program Description- WashingtonDepurtrrem of Ecology**Hazard~us** Waste Program Note: Eachsection designated bya capitaJlelterisdated separately. See Section Headings rormost recentupdate.Appendix 5 Memos Addressing the Applicability ofHB 1010 

## DEPARTMENTOFECOLOGY
February 5, 1998 

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TO: FROM: SUBJECT: All HWTR Staff Greg Sorlie, Manager The ApplicationofRCW 43.05 (BB 1010) to our Work As you have recently heard, via the covermemo from the four program managers, the agency has had to make inoperative certain sections of RCW 43.05, Technical Assistance Programs. This is the law, which codified certain field visit provisions ofESBB 1010. Those sections made inactive deal with the ability to immediately penalize businesses for certain violations. This was due to perceived conflicts with federal law, and wasjeopardizing our authorization of our Dangerous Waste Program. As a result, Ecology has notified the Legislature, EPA, and the Governor, that we have made those sections inoperativefor those federally delegated programs. We have also stated our intent to remain true to the intent of the legislation. EPA is only concerned that lawprohibits us, not by policy. What does this mean to you? Very little in the way of what enforcement we will take. However, you shouldbe aware of what this means to implementation of field visits. The HWTR Program has two major types of visits, which we provide to our clients. Visits aimed at complying with the Dangerous Waste regulations and visits aimed at providing Pollution Prevention information. Although we have worked at integrating these two disciplines in our program, each staff should have. a good idea of the goal of the visit prior to entering the business. Dangerous Waste Compliance Visits Our Dangerous Waste regulations have been submitted to fulfill the requirements of federal authorization of the Hazardous Waste Program. The state components of the program are intertwinedinto the federal components such that we do not separate them for purposes of authorization, and will not for the purpose ofdetermining when and if RCW 43.05.040.050.060(3) and .070 applies. This means that if we view significant violations during a Dangerous Waste Compliance visit, we can legally, now, go directly to penalty without worrying whetherthese criteria have completely been met. We have rarely issued an

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Program Description- Washington Department of Ecology HazardousWaste Program Note: Each section designated by a capital letter is dated separately. See Section Headings fur most recent update. 

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• The Application ofRCW 43

..05 (HB 1010) to our Work February 5, 1998 Page 2 enforcement action afterthe first compliance visit, and we as an agency have committed to continue with the intent ofthe technical assistance law. We need to ensure that we not confuse businesses or ourselves by the way we implement ourfield visits. We should make sure that in our representation ofthese visits we do not assert that we wiII not be able to penalize by law. If explanation is asked of when an enforcement action could result, you can still use the criteria quoted in RCW 43.05.070 as general criteria used. Obviously, we should not call our Dangerous Waste visits "technical assistance visits", and documentation resulting from such visits should not reference this law.

. Business Assistance Visits Pollution prevention visits stemfrom a state law RCW 70.95, which is not associated with a federally delegated program. Ourprogram has previously determined that RCW 43.05 did not apply to pollution prevention visits because of the provisions of that law which make such visits enforcement ineligible. RCW 70.95 specifies criteria where violations viewed during these visits could be referred to compliance stafffor possible enforcement. In the past we have called such visits Business Assistance visits, and have not been constrained by RCW 43.05, because our intent is not to ever issue an enforcement action directly as the result of such a visit. It is our intent to continue with this philosophy. To the. extent appropriate for each visit, we should look closely at the information needs specified in RCW 43.05.060, because these are common-sense information items that businesses would be interested in. Again, we should not represent our "Pollution Prevention Visits" as "Technical Assistance Visits", since that may confuse a few well-informed businesses. Should such a business inquire how we are implementing RCW 43.05, we should state that our intent is that such visits not be eligible for enforcement and therefore we are implementing RCW 70.95's provisions instead. OtherField Visit Types Our program has worked hard to provide a range of services to the public such as, Increased Generator Contact, Single Industry Campaigns, and Joint TR and Compliance visits. How does

.the recent changes in the law apply to these? The intent ofthe visit should be clearpriorto undertaking such a visit. Ifthe intent is to provide assistance underRCW 70.95, we will perform these as Business Assistance visits. All staffare eligible to perform business assistance visits, not justToxics Reduction staff. If the aim is to provide enforcement eligible compliance assistance,

. then we will provide them as if they are compliance visits. Certain staffmay be precluded from making Compliance visits due to designation as Technical Assistance Officers underRCW 70.95.

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Ptugrum Description- Washington Department ofEcology Hazardous Waste Program Note: Each section designated byacapital letteris dated separately. See Section Headings rormost recent update.TheApplication ofRCW 43.05 (lIB 1010) to our Work February 5, 1998 Page 3 

### Requested RCW 43.05 Visits We should go ahead and conductrequested visits if 1. Requested in advance; and, 2. We agree they are appropriate/make sense/aren't a problem facility or under current investigation. We might wish to explain that we have a range of visits we offer in the HWTR Program and the benefits ofeach, and then let businesses decide for themselves. Ifyou have any questions regarding the above, please talk to your supervisor. Shouldthey remain unresolved, please refer them to the Implementation Network for discussion so that we can resolve them with the HWTR ManagementTeam. GS:nh

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ProgramDescription- Washington Department of EcologyHazardous WasteProgram Note: Each section designated bya capital letteris dated separately. See Section Headings for most recent update. 

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()DEPARTMENT OFECOLOGY February 5, 1998 

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### RE: EcologyField Staff Greg Sortie, Joe Williams, Megan White, Mary Burg Conflicts between FederallyDelegatedJAuthorized Programs and Regulatory ReformlRCW 43.05 (HE 1010)



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• We would like to inform you ofactions taken byEcology and EPA regarding HE 1010, the Regulatory Reform Act. EPA recently notified Ecology that conflicts existed with federally delegated and authorized programs due to sections ofHE 1010 which preventEcology from being able to immediately issue penalties for certain violations. EPA determined that those conflicts werejeopardizing our federally authorized and delegated programs. As a result, we have notified the legislature that, according to provision 43.05.901 ofthat same act, we have made inoperative those conflicting sections for the affected programs. We have also voiced our intent to still adhere to the spirit of this legislation. Which laws are affected? Programs or laws affected are: Clean WaterAct, Underground

### Injection Control Program, Underground Storage Tank Program, Hazardous Waste Program and seven Air QualityPrograms (Title 5, Maximum-achievable-control technical standards, national emission standards, state implementation plans, new-source performance standards, prevention of significant deterioration, and new-source review). Only the federally authorizedportions ofthese programs are affected. Any otherprogram or law not mentioned above is still subject to the full extent ofthe law. How does this impact you? Penalties In essence, this will make little change in the number or focus of ourenforcement actions. Although we now have authority to issue penalties when ESHE 1010 would otherwise have precluded it, in practice this should not happen often. The limits in ESHE 1010 on the issuance ofpenalties are very similarto Ecology's EnforcementPolicies. Therefore, it is our intent to continue to considerthe criteria mentioned in RCW 43.05.050 and .070 when considering whether an enforcement action appropriate. These criteria are: • The violation was acondition ofa permit

• Previous enforcement actions had been taken or notice given to the violator • The problemhad not been correctedin atimely manner • There exists aprobability of death or bodily harm

• There exists aprobability ofcausing more than minorenvironmental harm

• There exists aprobability ofcausing property damage exceeding $1,000 99
Program Description- Washington Department uf Ecology Hazardous Waste Program Note: Each sectlcn designated by a capital letteris dated separately. See Section Headings for most recent update.L

Ifyou believe one ofthese criteria applies, you should not let questions about whether sufficient evidence exists to prove it stand in the way ofissuing a penalty. We will need to change our Compliance Assurance Manual to reflect when HB 1010 (RCW 43.05) applies, when we formalize ourPerformance Partnership Agreements with EPA later this year. Until then, this guidance will have to suffice. Technical Assistance This decision does not affect Ecology's ability to provide technical assistance. ESHB 1010's requirement that Ecology develop technical assistance programs is still in effect. Each affected program may want to review the implementation issues ofour and EPA's recent determination. For site visits resulting from federally authorized or delegated programs, we may need to review hove we represent our visits and the resulting documentation. However, we wish to clarify that it is Ecology's intent to not change ourbasic approach to enforcement. The common-sense approach should be followed to allow us to use our limitedenforcement resources in the most environmentally effective fashion. We have been impressed with Ecology staff's use ofenforcement discretion and expect we will continue to use it.

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Progrnm Description- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings tormost recent update.. 

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### Dangerous Waste Rule Amendments

- Effective June 2000 This section precedes the Table ofContents to the Program Description Revised in April 2001. It, shows the significant federal hazardous waste rules that were adopted in 2000 that are included in this Revision Authorization Application. The right-most column lists the Part and Section in this Program Description where theparticularrule is discussed. The list is followed by a copy of the Focus sheet that highlights some of these and other state-initiatedrule changes that were adopted in June 2000. This Focus sheet was made available at the time the rule amendments were adopted. The entire Program Description was reviewed early in 2001. Those sections that were revised at that time show a new date of 4/15/01 or later. Sections that did not need to be revised have an earlierdate in each section heading reflecting the last revision.



### Locations ofInformation Addressing SignificantNew Regulations Revision Checklist Number Federal Requirement FRReference & 

### Date Part:Section
112 - Recycled Used Oil Management.Standards 57 FR 41566 9/10/92 I:ill:F.3 148 - RCRA Expanded Public Participation 60 FR 63417 12/11/95 I:ill:E.l II:ill:C 151 - Land Disposal Restrictions Phase ill 61 FR 15566 4/8/96 I:ill:B.5 DecharacterizedWastewaters, Carbamate Wastes, I:ill:E.7 and Spent Potliners and 151.1 through 151.6 154 - Organic AirEmission Standards for Tanks, Surface Impoundments, and Containers and 154.1 through 154.6 61 FR 59932 11/25/96 I:ill:E.5

1 

### 163 - Organic AirEmission Standards for Tanks, 62 FR 64636 12/8/97 Surface Impoundments, and Containers 

# • 156 - Military Munitions Rule 157 - Land Disposal Restrictions -- Phase IV

162 - Clarification ofStandards for Hazardous Waste Land Disposal Restriction Treatment Variances. 62 FR 6622 2/12/97 62 FR 25998 5/12/97

62 FR 64504 12/5/97 I:ill:F.2 I:ill:B.5 I:ill:E.7 I:ill:B.5 I:ill:E.7

I:ill:E.5

," Program Description- WashingtonDepartment or Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.**-.\:~";.\ l~~:.~:}.\**  0'. ·•·

...:.:l •

. ' ".. " 

### 167 -Land Disposal Restrictions Phase IV 63 FR 28556 5/26/98 I:III:B.5 Treatment Standards for Metal Wastes and I:III:E.7 Mineral Processing Wastes; Treatment Standards 

# ·0 for Hazardous Soils, and Exclusion of Recycled Wood PreservingWastewaters 

### 174 - Post-Closure Requirements and 63 FR 56710 10/22/98 I:III:G.6 Closure Process 

### 175

- HWIR-Media 63 FR 65874 11/30/98 I:III:G.6 

### 177 - Organic AirEmission Standards 64 FR 3382 1/21/99 I:III:E.5 II:ll 

### 180 - Test Procedures for the Analysis of Oil 64 FR 26315
.5/14/99 I:III:F and Grease and Non-PolarMaterial

" 

### 181 - Universal Waste Rule for HW Lamps 64 FR 36, 466 7/6/99 I:III:F.1

'j C9 - For Permit by Rule for Reauthorization II:IV:A

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ProgramDescription. WashingtonDepartment of Ecology Hazardous WasteProgram Note: Each section designated by a capital letter isdated separately. See Section Headings for most recent update.