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WASHINGTON STATE

DEPARTMENT OF ECOLOGY

Hazardous Waste

and Toxics Reduction Program

Program Description

June 2001
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Dangerous Waste Rule Amendments - Effective June 2000

This section precedes the Table of Contents 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 the particular rule is discussed. The list is followed by a copy of the

Focus sheet that highlights some of these 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 in April, May, and June 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 earlier date in each section heading reflecting the last revision.

Locations of Information Addressing Significant New 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

Decharacterized Wastewaters, Carbamate Wastes, I:ill:E.7

and Spent Potliners and 151.1 through 151.6

154 • Organic Air Emission Standards for 61 FR 59932 11/25/96 I:ill:E.5

Tanks, Surface Impoundments, and Containers

and 154.1 through 154.6

156 - Military Munitions 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 of Standards for Hazardous 62 FR 64504 12/5/97 I:ill:B.5

Waste Land Disposal Restriction Treatment I:ill:E.7

Variances

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163 • Organic Air Emission Standards for Tanks, 62 FR 64636 12/8/97 I:ill:E.5

Surface Impoundments, and Containers

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Program Description- Washington Department of Ecology Hazardous Waste Program

Note: Each section dedgnuted by 11 capital letter is 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 of Recycled

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

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180 - Test Procedures for the Analysis of Oil 64 FR 26315 5/14/99 I:ill:F

and Grease and Non-Polar Material

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

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

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Program Description- Washington Department of Ecology Hazardous Waste Prognum

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 Effective June 10,· 2000 ECOL 0 GY

Purpose of the Amendments

The Washington State Department of Ecology (Ecology) recently

finalized changes to the Dangerous Waste Regulations (Chapter 173-

303 WAC) for management of hazardous wastes in Washington.

One of the primary purposes of the rule making was to incorporate

federal requirements into the State's rules. Ecology is authorized by the

Environmental Protection Agency (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 consistency with the federal hazardous waste

rules.

Two key changes that went beyond the scope of the federal program

are improvements to the regulation of both fertilizers and the

transportation of dangerous wastes in Washington State.

Highlights of the Changes

Incorporation of federal hazardous waste rules:

A new category of wastes was added to the Universal Waste Rule.

Lamps that designate as dangerous wastes, including, but not limited

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 of lamps than for other universal

wastes, 2,200 pounds rather than 11,000. Thisis because lamps are

more fragile than batteries and thermostats and may pose management

problems in larger quantities. Ecology proposed to allow crushing

under the universal waste rule, but based on comment and new

information, that part of the proposal was withdrawn and the final

universal waste rule does not allow crushing.

(l)May 2000

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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 (or most recent update.
• Ecology adopted a used oil rule that differs in some ways from

the federal rule. Differences include prohibiting mixing of

dangerous wastes with used oil, and allowing generators to

transport more than 55 gallons of used oil to collection centers.

that meet certain requirements without obtaining an

EPA/Identification Number. Ecology also clarified that metalworking fluids formulated with chlorinated paraffins cannot be

managed as used oil if burned for energy recovery.

• Other changes include adoption of Phase III and IV Land

Disposal Restriction (LDR) standards. These rules are nearly

identical to the federal rule. Ecology does not exclude mining

wastes and so did not adopt related amendments. A

requirement for tank and secondary containment assessments

was added to the wood preserving wastes exclusion when there

is a threat to public health or the environment.

• Subpart CC air emission standards were adopted. These

include some changes to Subparts AA and BB that will affect

certain generators. The state version of the rule is identical to

the federal rule.

• Portions of theHWIR (Hazardous Waste Identification Rule)

Media and Post-Closure Rules have been adopted to facilitate

corrective actions. These changes provide more flexibility in

implementing efficient cleanups while providing the same

level of protection. 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 that corrective actions must

meet.

• Ecology adopted most of the 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 manifest for wastes transported

along a public right of way within or along the border of

contiguous property. A manifest will not be required as long

as the facility has an alternative mechanism that Ecology has

approved. This modified exclusion is not limited to use by the

military. Ecology did not adopt EPA's manifest exclusion for

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 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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State-initiated changes:

• Transporter requirements were improved by providing for additional

protection of public health and the environment. A transfer facility owner or

operator is now required to register with Ecology and is subject to additional

operating standards such as container management, facility inspections, and

maintaining 10 day storage records.

• Fertilizers made from steel mill flue dust (K061) are no longer exempt from

meeting land disposal restriction standards (LDRs). Fertilizers made from

K061 will now have to meet the LDRs before they can be applied to the land.

Ecology also adopted EPA's stay of the Phase IV LDR standards for zinc

fertilizers. Zinc fertilizers, including those made from K061,are subject to the

earlier Phase ill LDR standards.

• .Ecology incorporated fertilizer application-review criteria into regulation.

These criteria are used to review applications for waste-derived fertilizers.

The criteria, which were published in the State Register in 1998,were first

used in 1999to evaluate applications for fertilizer registration. Those criteria

weremodified slightly for the final rule. ..

• Ecology clarified that fertilizers made from state-only wastes are subject to

federal land disposal restrictions, where applicable, before they can be used.

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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 (or most recent update.
For More Information

You may view the adopted version of the regulations and the Concise

Explanatory Statement and Responsiveness Summary in which Ecology

responded to public comments at

http://LVww.wa.gov/ecolo~!leVactivihtlwac173303.Jztml. The Concise Explanatory

Statement shows rule language changes Ecology made between proposal

and adoption. The adopted version of the rule is a strikeout and underline

version of the rule changes.

The final, or codified, version of the rule, in which all changes have been

incorporated, will be available on Ecology's Web site in June at

http://ww'A'wa.gov/ecology/biblio/wacl73303.html.

If you would like to receive a copy of the regulations, please contact Dave

Zink by phone at (360) 407-6752, e-mail dzin461@ecy.wa.gov, or you may write

to:

Dangerous Waste Regulations

Department of Ecology

Hazardous Waste and Toxics Reduction program

Post Office Box 47600

Olympia, WA 98504-6117

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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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TABLE OF CONTENTS

(last changes/corrections to Program Description: 6/12101)

PART I

REGULATORY RULES AND PROCEDURES

I. Introduction !'••••••••••••••••••••••••••••••••••••••••••••••• •••••••••••••••• • • • • • • • • • • • • • • • 12

A. Scope

B. Coverage

C. Summary of Program Goals and Regulatory Implementation

D. Puyallup Reservation Non-trust Lands Within the 1873 Survey Area

II. Regulatory Summary and History 14

A. History Leading to Base Program Authorization

B. General Outline of Washington'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 of Amended 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 of Hazardous Wastes for Short Periods

3. Manifests

4. Annual Reporting and Record Keeping

5. Land Disposal Restrictions

6. Foreign Exporting

7. Exemptions

8. Reduced Requirements for Medium Quantity Generators and Conditionally Exempt

Generators

a. MQG (medium quantity generators) Reduced Requirements

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Program Description- Washington Depurtnjent of Ecology 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. Groundwater Monitoring

5. Organic Air Emission Standards

6. Foreign Waste Importation Rules

7. Land Disposal 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 Involvement and Availability of Information 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 Facility Permit Regulations

C. New Facility Permit- Additional Requirements

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IV. Other Types of Dangerous Waste Management Facility Permits 42

A. Permit by Rule -

B. Emergency Permit

C. Trial Burns Permit (for DW (dangerous waste) Incinerator Final Facility Permit) 0

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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 Land Treatment Final 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 of Permits

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. Multimedia Inspections

4. Criminal Investigations

D. Corrective Action Compliance Monitoring

1. Corrective action compliance monitoring inspections

2. Comprehensive groundwater monitoring evaluations

3. Operation and maintenance inspections

4. Case development inspections

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 Settlement Procedures 60

A. Appeals Process

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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 rer most recent update.
1. Application for Relief

2. Appeal to the Pollution Control Hearings Board (PCHB)

B. Innovati ve Settlement Procedures

. 1. Innovative Enforcement Settlement Guidelines

V. House Bill 1010 (RCW 43.05)- Technical Assistance Programs 62

A. Purpose of HB 1010

B. Provisions of HE 1010

PART IV

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 Report Database

C. Pollution Prevention Opportunities Database

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IV. Regulated Community Data Estimates 70

A. Number of Notifiers by Activity Reported

B. Amount of Waste Treated, Stored, and Disposed 0

PART V

AGENCY STRUCTURE, BUDGET, AND RESOURCE ASSESSMENT

I. Agency and Hazardous Waste Program Organization and Responsibility 71

A. Department of Ecology Organization

B. HazardousWastelToxics Reduction Program (HWTR) Responsibilities & Organization

1. Responsibilities and Tasks

a. Compliance Monitoring and Enforcement

b. Voluntary Compliance and Education

c. Promotion of Pollution Prevention and Toxics Reduction

d. Develop and Maintain Information Data Management and Reporting

2. HWTR Organization

a. Headquarters Sections Organization

b. Regional Sections Organization

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

III. Program Planning Process 79

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Program Description- Washington Depurtrrent of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings Cor most 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 and Expedited Permit Processes

Figure 4. Washington State Department of Ecology (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 of Penalty Amount

Appendix 2. Department of Ecology Innovative Settlement - Policy Guidance

Appendix 3. HWTR Report Form forFacility Technical Assistance Visits and Compliance

_Inspections

Appendix 4. Resource Conservation and Recovery Act Information System (RCRAInfo)

Information Letter of Agreement (Draft)

Appendix 5. Memos Addressing the Applicability of HB 1010

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Program Description- Washington Depumrent of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.
PART I

REGULATORY RULES AND PROCEDURES

I. Introduction

A. Scope (last update: 5115/98)

This program description is the core of the State of Washington's application for authorization of

the "Hazardous Waste Management Program" which is operated by The Department of Ecology

(Ecology). The Hazardous Waste Management Program was developed, and is continually

evolving, to provide a comprehensive 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

promulgated pursuant 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 improper management of dangerous waste. The

State program, administered by Ecology, has regulatory authority over nearly all areas of

dangerous waste management, including notification, inspection, monitoring, permitting,

compliance monitoring, manifest tracking, corrective action and enforcement.

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 and where the regulatory burden can be reduced while .

maintaining protection of human health and the environment.

,C. Summary of Program Goals and Regulatory Implementation (last update: 5110/96)

This Program Description explains the goals of Ecology'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 0

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Program Descriptkm- Washington Departrrent of Ecology Hazardous Waste Program

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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 of dangerous wastes until they are recycled, reclaimed,

treated, or disposed of safely;

(c) Encourage recycling, reuse, reclamation, and recovery of dangerous 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 of dangerous waste

management facilities;

(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)

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The State's authorized program was revised in 1998 to include the non-trust lands within the

1873 Survey Area of the Puyallup Reservation pursuant to the August 27, 1988 settlement

agreement between the Puyallup Tribe, Federal, State, and local governments (Settlement

Agreement), ratified by Congress and incorporated in Federal 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

authorized program does not extend to Indians or Indian activities within the 1873 survey area.

EPA retains primary responsibility for implementing RCRA on the trust lands, and over Indians

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 in jurisdiction.

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

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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.
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 order to implement a legislative mandate set forth in the Washington Hazardous Waste

Disposal Act of 1976 (amended in 1980), [Chapter 70.105RCW (Revised Code of

Washington)], the Washington Department of Ecology adopted hazardous waste rules in late

1977. These rules, adopted as Chapter 173-302 WAC (Washington Administrative Code),

empowered Ecology to define, track, and regulate the disposal of extremely hazardous wastes.

While the legislation established another category 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 order to implement a federal mandate set forth in the 1976

amendment to the federal Solid Waste 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 "essentially equivalent" 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

stringent than 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 program from EPA. In September

1980, Ecology began the process of replacing its 1977 regulations (chapter 173-302 WAC) with

new "consistent and equivalent" 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 a program consistent with RCRA. By concentrating on rule

developments necessary to be consistent with Base RCRA (pre- 1984 HSWA (Hazardous and

Solid Waste Amendments)), Washington received final authorization for the RCRA program on

January 30, 1986 (see Federal Register 51 FR 3782).

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ProgramDescription.Washington Department of Ecology Hazardous WasteProgram

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B. General Outline of Washington'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 controlling Dangerous Waste (DW) (lower

risk) and Extremely Hazardous Waste (EHW) (higher risk) that is consistent with federal

regulations; to provide a means of defining 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 proper treatment, 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 an EHW 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

carcinogenicity criteria 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 of hazardous waste generated or stored by hazardous waste generators,

they may qualify for reduced 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 of reduced regulatory requirements. 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 (listed in

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 criteria EHW has a generation QEL of 2.2 pounds per

month, while persistence criteria EHW has a generation QEL of 220 pounds per month. .

2. Waste Tracking Summary

Washington's Dangerous Waste Regulations have based the tracking of dangerous wastes, asthey

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Program Description- washington Department or 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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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 operator of 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 for constructing 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 disposalof EHW exists in the State, all EHW must be exported to

permitted facilities outside the State.

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4. Regulatory Reform Project

In 1993, a regulatory reform project was undertaken to study options for reducing the regulatory

burden of Chapter 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 of the Hazardous Waste State Plan. Federal

requirements were affected only where some more stringent State requirements were made 0

equivalent to 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 the Persistence and

Toxicity Criteria);

Removing the redundant Extremely Hazardous Waste (EHW) requirements from federal

wastes, and eliminating or modifying the EHW requirements that are no longer effective;

Raising the Small Quantity Generator DW accumulation limit from 220 pounds to the federal

2200 pound limit;

Adopting a number of previously un-adopted federal exclusions. Among the most important

is the adoption of EPA's Ten Percent Solvent Rule to eliminate the confusion caused by 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), and expanding the

16

Program Description- Washington Department of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings Cormost recent update.

()
•

•

•

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- MunicipalSolid Waste 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 other dangerous waste;

Amending the bioassay 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 by clarifying which wastes are captured by the listing, 2) better coordinate with

regulation of PCBs under the 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 Solid Waste Amendments, known as HSWA, to

RCRA. The HSWA amendments significantly expanded the scope of the federal hazardous

waste program to include requirements for burning and blending of hazardous waste fuel,

regulation of used oil, restrictions on the land disposal of hazardous waste, and corrective action

at hazardous waste management facilities.

2. HWSA Corrective Action Summary

In the legislative history of HSWA, 'Congress noted that a significant number of hazardous waste

management facilities that received RCRA permits' were becoming Superfund cleanup sites due

to releases of hazardous 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 after the passage of the RCRA law and did nothing to

address past waste management activity. By imposing corrective action requirements on owners

and operators of hazardous waste management facilities, Congress provided EPA a mechanism to

address hazardous waste contamination at RCRA regulated facilities without depleting the

publicly funded Superfund.

The HSWA amendments authorize EPA to:

Under RCRA Section 3004(u), require corrective action for releases of hazardous waste and

hazardous constituents from any solid waste management unit at a hazardous waste treatment,

storage, or disposal facility subject to a RCRA permit. The corrective action is required

regardless of when the waste was placed in the unit; financial assurance for the completion of

corrective action is also a requirement.

Under RCRA Section 3004(v), require corrective action for releases of hazardous waste and

17

Program Descriptkm- 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.
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 of such correcti ve action.

RCRA Section 3008(h) provides for Federal enforcement of corrective action requirements. This

allows EPA to issue administrative orders or initiate court action to require corrective action, or

any other response necessary to protect human health or the environment, when a release of

hazardous waste or hazardous constituents is identified at a RCRA interim status facility. RCRA

Section 3008(h) is a federal enforcement authority and cannot be delegated to states. Only the

requirements of RCRA Sections 3004(u) and 3004(v) can be delegated to states.

The sta~e of Washington has an authorized Corrective Action Program that 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 a corrective 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 primary responsibility for implementing hazardous waste regulations to a state

regulatory program. Washington's regulatory program for hazardous waste is found in Chapter

173-303 of the Washington Administrative Code (WAC), entitled Dangerous Waste Regulations.

The development and evolution of the 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 a consequence, the current regulations 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

incorporated into 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 of Amended 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 chapter to 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 &:0 logy Hazardous waste Program

Note: Eachsection designated by a capital letter is dated separntely. See Section Headings fer most recent update.
•

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A. Waste Designation Regulations (last update: 4115/01)

Ecology includes procedures in Chapter 173-303 WAC for identifying solid wastes. These

procedures are essentially 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. Major features 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 by EPA and adopted by Ecology (see WAC

173-303-9903 and 9904). EPA's criteria for 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) rather than 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 that are 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 of various (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 a capital letter is dated separately. See Section Headings for most recent update.
Figure 1. Basic Federal and State Dangerous Waste Designation Flow Chart

(References are to 173-303- WAC) (last updated: 4/15/01)

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o

No

Continue to

Additional State

1----1~ Dangerous

Waste

Designation

Flow Chart:

Yes Pathway Two

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

" Worksheet 2 No No No

Is the waste Worksheet 3 Worksheet 4

Is the waste a .. Is the waste ... excluded from ... r r

the Dangerous listed from a listed

Waste discarded source perregulations per chemical per - OS2?

-07I? OSI? 1Yes

1Yes 1Yes

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 subject to 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 of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is 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 generator is 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:-If the 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 WTO I 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 not designate on the Basic Designation Flow Chart: "' ,--

Worksheet 9 No Worksheet 10 No

Is the waste ... Is the waste WPOI,

WTOlorWT02 ..- Stop 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

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Program Description- Washington Department of Ecology Hazardous Wa.ste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.
3. State Criteria

Finally, Ecology supplements these lists and characteristics with its own criteria for: 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 the Federal 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 major exception to not having to designate a waste for State criteria even if it has already

designated as a "listed" or "characteristic" waste is: when the generator of a "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). Other less 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 criteria for all constituent compounds and/or constituent

concentrations of the waste known to the generator. If a generator 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, specified in WAC 173-303-

110 to determine whether the waste designates under one of the lists, characteristics, or criteria.

b. How to Designate for State Criteria

When it is necessary for a generator to designatea waste for Statecriteria, one of the following

two methods must be used to determine if a solid waste designates under State 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) a bioassay may be used according to

the Sampling and Testing Methods specified in 173-303-110.

4. Special Wastes

Ecology regulations provide for a category 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 letter is dated separately. See Section Headings for most recent update.

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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 of Chapter

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 of Washington) states that "The Department of Ecology 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 or byproduct 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. Because Ecology can not exempt or exclude wastes that are

federally designated, a federally designated waste must first be exempted or excluded by

petitioning EPA; provisions for federal exempting/excluding of hazardous 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. Waste Designation 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 of hazardous 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 a capital 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 of the three year requirement for some

records contained in the federal rules.

2. Accumulation of Hazardous Wastes for Short Periods

A Large Quantity Generator (i.e., one that generates more than 1,000 kilograms of waste in a

month and/or has 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

permitted facility, or treated or recycled on-site within ninety days or less of generation; the

waste is stored in containers, tanks, on drip pads, and/or containment buildings that meet the

requirements for design, labeling, etc. specified or referenced in WAC 173-303-200; and, the

generator complies 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 of WAC 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 longer for Medium and Small Quantity Generators; see subsection below on "Reduced Requirements for MQGs and Conditionally Exempt 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 of waste, 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

transporter to the TSD facility, where the facility owner/operator signs 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/operator within 45 days of shipment, 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 either EPA 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 (rather than 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 of dangerous wastes in Washington.

t -

I

I

!

The Ecology Director may also, if deemed necessary, require a generator to 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

Program Description- WashingtonDepururent of Ecology HUZ3rdouS Waste Program

Note: Each section designated by a capiLalletter is dated separately. See Section Headings roe most recent update.

o
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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 by WAC 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 request by 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 Land Disposal Restrictions

(LDR) in January 1994; further LDR amendments were subsequently adopted. Ecology staff

began conducting LDR inspections together with EPA Region X staff during 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 a number 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-only Extremely 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 of exception reports sent to EPA must

also be sent to Ecology.

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.
Exempt Generators (SGQs)

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

quantity generators) Washington State regulations provide for reduced generator requirements for

those generators of between 100 kilograms and 1000 kilograms of waste per month who do not

accumulate on-site more than 1000 kilograms of dangerous waste (and that do not exceed the

QEL (quantity exclusion limit) for generation or accumulation of acutely hazardous wastes); this

1000 kilogram (or 2,200 pounds) accumulation limit is more stringent than the Federal

accumulation limit of 6000 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 of WAC 173-303-330 and have reduced tank standards and reduced requirements

of contingency 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 of waste 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 of generators is known as "Conditionally Exempt Small Quantity Generators".

()

SQGs have reduced waste management requirements. However, SQGs are responsible for

determining whether their wastes designate as dangerous waste and for managing their wastes 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 of in an on-site facility or is delivered to

an off-site facility that is either 1) a permitted facility under the Dangerous Waste Regulations,

2) authorized to manage dangerous waste by another state, 3) permitted to manage moderate-risk

waste, 4) a facility that beneficially uses or reuses, or legitimately recycles or reclaims the

dangerous waste, or treats the waste prior to recycling, 5) permitted to manage municipal solid

waste, 6) permitted to manage non-municipal non-hazardous waste, or 7) a publicly owned

treatment works (POTW) if the SQG meets the requirements of the domestic sewage exclusion.

These are the only requirements SQGs must comply with; however, if these 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 valid EPA/State ill number, or as it is now called, a RCRA

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 with DOT

requirements. Transporters are also responsible for notifying authorities and assisting in cleanup·

operations in the event of a spill or discharge of dangerous wastes during transport.

The State has some additional requirements for transporters who import wastes from outside the

26

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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.-....:..•. ::..... _:-~...:-- ..._..

United States. Such transporters must comply with all generator requirements (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 Subpart E and export

requirements at 261.5, 261.6, 262.41, and 263.20). In addition, copies of forms and reports

submitted by transporters to EPA must also be sent to Ecology.

In June 2000, Ecology added some state-only requirements for transporters of hazardous waste.

Transfer facilities must be 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 whether the 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 a recyclable 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

storing it first (defined as recycling within twenty-four hours of receiving 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, contingency plan and emergency procedures, emergencies, manifest system, facility

record keeping, facility reporting, other general requirements, and some container and tank

system requirements.

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 a capital letter is 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. Their purpose is to

immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable

or inappropriate for the management of dangerous 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 setback distances have been established from identified resources. 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 Uniform Fire 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 or reactive 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 of integrity assessments;

Any release above the reportable quantity must be reported;

Tanks must be located in a manner equivalent to the National Fire Protection Associate's

buffer zone requirements or as required by State and local fire codes (whichever is more

stringent);

Documentation is required of the precautions taken for ignitable, reactive or incompatible

wastes;

Yearly inspections and additional monitoring are required;

A description is required of tank 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. Groundwater Monitoring

All land based hazardous waste treatment, storage, and disposal facilities (including

miscellaneous units) must monitor groundwater and analyze for a specified core list of

chemicals, plus other chemicals specified on a site-specific basis.

5. Organic Air Emission Standards

Ecology adopted (incorporated) by reference 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

ProgramDescription- Washington Department of Ecology HazardousWasteProgram

Note: Each section ~esignaled by a capital letter is dated separately. See Section Headings for most recent update.

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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 particular types

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); a description 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 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 CFR Part 268 as well as numerous conforming changes throughout the regulations.

Washington initially adopted and began implementing the federal Land Disposal Restrictions

(LDR) in January 1994; further LDR amendments were subsequently adopted. Ecology staff

began conducting.LDR inspections together with EPA Region X staff during the period of time

when Ecology began taking on responsibility for the federal LDR program.

8. Permitting Requirements

An owner/operator of 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 water protection 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 of operation, environmental monitoring, documentation

of financial responsibility, closure, corrective action and post-closure plans, and reporting before

Ecology will issue a permit 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 of dangerous 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 the regulations, and testing methods (the November 1986 version of SW-846

including updated I, II, IIA, TIB, ill, and illA has been incorporated by reference into the State's

regulations), sampling methods, and conditions for .exemption from the rules (recycling or

recovery of dangerous wastes, triple rinsing of containers, etc.).

29

Program Description. Washington Department of Ecology Hazardous Waste Progrurn

Note: Each section designated by a capital 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 of universal 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 of the 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 ve documentation if not using a manifest when transporting wastes

(any wastes, not just 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 transfer facility, and that records the name, address,

telephone number, date ofdelivery, and quantity of used oil being delivered to the site.

Ecology's intention with 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

generator if the center meets the requirements of a transfer facility. 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 of fertilizers. These changes included removal of the

K061 exemption, codification of an amended version of the 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 a commercial 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 LDR standards. This is significant because

Ecology's study showed that at least one hazardous waste, tire ash, contained far 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 Fertilizer Registration Act as amended in

1998 required Ecology to review waste-derived and micronutrient fertilizers applications for

consistency with chapter 70.105 RCW, the hazardous waste law, Ecology adopted review

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

published in the State Register in 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 by Ecology

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 conducted by Ecology, suggested that amendments could be made to the

criteria that 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 CFR part 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- 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.
._, --_•. - .•.•.~~c.• _~..••~·~·

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

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

(HWTR) Corrective Action regulations and procedures which may be of interest to the

reader wanting a comprehensive overview of the 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). Under the July 15, 1985 Federal regulations,

owner/operators of facilities seeking a permit for the treatment, storage or disposal of hazardous

waste were required to:

);>. Institute corrective action as necessary to protect human health and the environment for all

releases of hazardous 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 of compliance for such corrective action, and assurances

of financial responsibility for completing corrective action in all final RCRA (Resource

Conservation and Recovery Act) permits.

o

On December 1, 1987 (52 FR 45788), EPA amended the regulatory requirements for corrective

action, adding a requirement for owner/operators of facilities seeking a RCRA permit for the

treatment, storage or disposal of hazardous waste to: 0

);> Implement corrective actions beyond the facility property boundary where necessary to

protect human health and the environment, unless the owner/operator could 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 a case-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 proposed regulations 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 of the proposed rules as guidance in implementing

corrective action requirements.

2. Alternative Authorities Initiative (last update: 1214/96)

Prior to developing a corrective action authorization strategy, Ecology carefully observed some

duplication of effort 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 Superfund cleanup and a

RCRA corrective action. In considering a state corrective action program, Ecology questioned

the efficiency of establishing a totally new cleanup program for dangerous waste management

t---.-.-~- -- -.. - - - 32

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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facilities when effective cleanup standards and procedures were already in place under the Model"

Toxics Control Act (MTCA) (see below). In order to 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 of a corrective action program that relied on the Model Toxics

Control Act regulations to implement corrective action requirements. Authorization of Ecology's

Alternative Authorities Initiative for corrective action (approved in November 1994) was the first

EPA authorization of a 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 of effort between Ecology's Toxics Cleanup and Hazardous WasteS;

Toxics Reduction Programs;

Enhance cleanup requirement and procedure consistency for RCRA and non-RCRA facilities;

Potentially recover Ecology's portion of the 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, Chapter 70.105D RCW, as

Initiative 97 in November 1988. Effective in March 1989, the law established Washington

State's basic authorities and requirements for cleanup of contaminated sites.

RCW 70.105D.030(2)(d) directed Ecology to adopt and enforce "minimum cleanup standards for

remedial actions at least as stringent as the federal cleanup standards under Section 121 of the

federal cleanup law (CERCLA) ... and at least 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 under the 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 of the remedial action.

Within the statutory framework of Chapter 70.105D RCW, the Model Toxics Control Act

Regulations (Chapter 173-340 WAC, 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 letter is 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 a cleanup action because of the type of

action and/or the location of the site. .

(2) Selecting a Cleanup 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 a contaminated 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 longer poses unacceptable risks to human health and the

environment.

4. Prioritizing Corrective Action Work (last update 1219/96)

For purposes of prioritizing Corrective Action Work, the Northwest Corrective Action Group

developed regional criteria for determining site environmental significance. Existing TSD

facilities have been ranked and placed on a priority 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 priority facilities.

Environmental issues used as criteria in the ranking process include: level of contamination,

toxicity of the waste stream (extremely hazardous waste toxic hazardous waste), and the facility

setting.

The Oversight Issues 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 of particular

corrective action activity.

A full outline of the Facility Environmental Priority Ranking Criteria can be found in the report

entitled Northwest RCRA Corrective Action Strategy.

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5. Cost Recovery (last update: 1214/96)

A major benefit to the State of Washington in using MTCA (Model Toxies Control Act) for

corrective action is its authority to recover costs of work performed by the State from the site

owner(s). RCW 70.105D.050(3) requires that the State seek to recover the amounts spent by the

department for investigative and remedial actions and orders. The attorney general is tasked to

seek, by filing an action if necessary, to recover the amounts spent by Ecology. According to

WAC 173-340-550(1) and (2) "It is the department's intention to recover those costs which are'

reasonably attributable to the site. Timing of cost recovery for individual sites will be considered

I on a case-by-case basis, however, the department may demand payment of costs as they are C) t---~.---.--.----- -- - - - 34

._-- ----- ----.----- Program Description- Washington Department of Ecology Hazardous wcsre Program

Note: Each section designated by a capital letter is dated separately. See Section Headings ror most 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 interest charges for delayed

payments."

Because of the cost recovery provisions Ecology can use for corrective action work, the

Legislature granted Ecoiogy 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 staff through 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 any expenditure over its

initial allocation. The Hazardous Waste and Toxics Reduction Program must therefore rely, to a

great extent, on cost-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. HWIR Media and Post-Closure Rules (last update: 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 of corrective action management unit (CAMU), temporary

unit (TV), and remediation 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 of dangerous

remediation waste at cleanup sites.

>- Cleanup-Only Facilities. Ecology adopted special operating standards for facilities at which

owners/operators treat, store or dispose of dangerous 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 of dangerous 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 easier to implement in the context of

35

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.
cleanup actions. Ecology exempted cleanup-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 of facilities 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 of dangerous 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 recover cleanup oversight

costs. In all 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 of concern, and both the dangerous waste unit and one or

more of the solid waste management units or areas of concern are likely to have contributed to

the release.

Ecology did not adopt regulations that would allow for alternative mechanisms to be used in lieu

of post-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 of cleanup under MTCA, the small number of facilities

subject to post-closure care in Washington, and the resources that would be associated with

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Program Description- Wu.shington 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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seeking review and authorization of a state alternative to a post-closurepermit, Ecology

determined that these regulations were not necessary at the time. Similarly, the regulations

reducing the amount of information 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 that a post-closure permit is complete even if the application does not contain all of the

elements that would be necessary in a permit application for an operating facility.

IV. Public Involvement and Availability of Information to the Public (last update: 5/10/96)

Ecology will inform the public of major issues 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

broader understanding of the public role in dangerous wastes and their proper management, and

to promote an open dialogue between the public, industry, and government" (WAC 173-303-

900). To help further this goal of public 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 Under RCRA, the

Safe Drinking Water Act, and the Clean Water Act), and the Washington State Solid Waste

Management Plan (December 1980). .,

For the disclosure of information 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 manner equivalent 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. Most information is generally

available to the public without the need to submit a formal 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 of disclosure requests.

Ecology provides the fullest possible disclosure of records and information sought by the public.

This information is always provided free of charge, with two exceptions. First, if extensive

copying costs are involved, then a fee may be charged. Second, if the 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 if Ecology

determines that furnishing the information would be of primary benefit to the public at large.

Ecology can deny requests for information. Denials will include statements of applicable appeal

procedures and statutes of limitations. If a disclosure request is denied because a claim of

37

Program Description- Wa..hington Department of Ecology Hazardous Wusre Program

Note: Each section designated by a capitallener is dated separately. See Section Headings for most 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 confidentiality claim is the cause of denial.

V. Revision of the State Program

Whenever Ecology 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

other documents. 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 or regulations 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. If the statutory changes are controversial, two

years may be necessary. Ecology believes that amendments to State laws can be provided in two

years or less in all cases.

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

o

o

Amendments to State regulations will be made in accordance with Chapter 34.04 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 should require no more than three months. Ecology has a

lengthy, involved rulemaking 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 Deputy Director of the rulemaking plan and preparation of draft rule language,

Ecology files the proposed language with the State Code Reviser for 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 periodmayend no sooner than 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, if necessary. Thus, simple amendments take as few as twelve months from the beginning

of the rulemaking process to the actual effecti ve date. More complicated changes may take as

long as two years before the new rules go into effect.

\~--~._---

,

o

-_._-------,

Program Description- Washington Department of Ecology Hazardous Waste Progrum

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.
•

•

•

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/or dispose of dangerous 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 a permit

for these activities. Facility expansions and other major changes in design and/or operation are

subject to permit modification regulations. Under conditions specified in the regulations, certain

facilities are allowed to continue operating under an interim status permit until they receive a

final permit. The purpose of permitting treatment, storage, disposal (TSD) and recycling

facilities is to ensure that all facilities are built and operated in a manner that will protect the

public health and environment.

Ecology must coordinate proposed permits or major permit modifications with other State

programs, including the State Environmental Policy Act (SEPA) and the Citizen/Proponent

Negotiation (CPN) process. Both SEPA and CPN provide opportunities for public participation.

SEPA requires broad evaluation of the impacts of a 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 of the State Hazardous Waste Program, Ecology

concentrated on permitting new or existing (interim status) facilities considered high priority by

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 of both permit actions that were in progress when the

State program was authorized, and disposition of EPA-issued permits 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. Any permit actions taken prior to final authorization were joint actions by the State _ .

arid EPA.

Under Chapter 173-303 WAC the following types of dangerous waste permits may be issued by

Ecology: Interim Status permits (-805); Final Status facility permits (-806); Emergency permits;

Trial Bums for Incinerator Final Status permits; Demonstration for Land Treatment Final Status

permit; Research, Development, and Demonstration permits; and Permits by Rule.

The following sections describe, in general, how these categories of permits are handled and

discuss the permit development, review, and approval process as it is implemented by Ecology.

39

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.
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 for joint permitting are described in the Memorandum

of Agreement (MOA).

II. Interim Status Permits- Existing Treatment, Storage, and Disposal (TSD) (last update:

4/15/01)

All existing TSDs (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 Subpart B, Subparts F through R, Subpart W, 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/post closure care standards for interim status surface impoundments

and expanded corporate guarantee for liability insurance are included in Chapter 173-303 WAC

by reference.

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/operator must submit a Part A permit application within 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 ordered by Ecology to receive, a final status

permit must submit a completed Part B application as defined in WAC 173-303-806 to Ecology

within six months of its request. Late or incomplete Part B applications will be processed in

accordance with the State's enforcement policy.

III. Final Status Facility Permits

A. General Information (last update: 5/10/96)

Interim status facilities wishing to receive or ordered by Ecology to receive a final status permit

must submit a completed Part B 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 enforcement policy. This is equivalent to 40 CFR Part 270 Subpart B.

Initial permits are generally written by Ecology staff located at headquarters (the Hanford permit 0

t---- ------~------ _ 40 ------------

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.
•

•

was written in the Nuclear Waste Program); permit modifications "(see below) are, on the other

hand, handled either in Ecology's regional offices, the Industrial Section of the Solid Waste and

Financial Assistance Program, or the Nuclear Waste Program, as appropriate. Primarily, the

headquarters permits staff does research, demonstration, and development permits. When

appropriate, they may be written by regional, Industrial Section, or Nuclear Waste 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 under WAC 173-303-335; this program must be developed and implemented

under the direction of a registered professional engineer. Information required in the Part B

permit is used by Ecology 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 a permit; 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

except permits by rule and interim status permits (e.g., duty to comply with permit conditions,

duty of proper 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 of Ecology Hazardous wusae Program

Note: Each section designated by a capital letter is dated separately. See Section Headings tor most recent update.
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 incinerator permitting rules are essentially identical to federal rules. Both allow parallel

units of identical design burning essentially identical wastes to qualify for an exemption from

trial bums. In practice, however, trial bums are required for nearly all incinerators.

The headquarters permits staff, or the Hanford Section of the Nuclear Waste 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 both Parts 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 of Intent; of particular note is the necessity to demonstrate: 1) the need for the

proposed facility, using one of the methods outlined in WAC 173-303-281(3)(vii); and 2)

compliance with the siting criteria specified in 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 of Dangerous Waste Management Facility Permits

There are a number of more specialized types of dangerous 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:411510 I)

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 of extremely hazardous waste.

They require compliance with 40 CFR 144.14 and all applicable State waste discharge

permits and conditions;

Publicly Owned Treatment Works (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

treatment units - WAC 173-303-802(5);

These facilities and units that treat state-only dangerous waste generated on or off site, or

federally regulated hazardous waste generated on site are considered to have a PBR if

they comply with certain conditions. These include notification and identification

numbers, designation of dangerous 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

pretreatment permit 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, if permitted, are not

authorized at the time to manage the particular waste. Emergency permits will only be issued if

doing so will alleviate imminent and substantial threats 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) Incinerator Final Facility Permit- WAC 173-

303-807 (last update: 5/10/96)

For purposes of determining 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, if requested by the applicant). The trial bum must be conducted in

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 their destruction and removal efficiencies calculated

during the trial bum. These constituents will be specified based on Ecology's estimate of the

difficulty of incineration of constituents identified in the waste analysis, their concentration 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 (for Dangerous Waste Land Treatment Final

Facility Permit)- WAC 173-303-808 (last update: 5110/96)

Ecology may issue a land treatment demonstration permit either in advance of or as part of a final

facility permit so that the owner/operator of a land treatment facility can make the demonstration

required in WAC 173-303-655(3). Ifissued in advance of the 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 of the final facility permit, the land treatment demonstration and final

43

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.
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 staff and have not required any additional resources for implementation.

V. Permit Modifications (last update: 5/10/96)

Washington's TSD (treatment, storage, and disposal facilities) permitting regulations provide for

three classes of permit 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

specified permit conditions, expand public notification and participation opportunities, and allow

for expedited approval if no public concern exists for a proposed permit modification.

The three classes of permit modifications are:

Class 1- covers routine changes, such as changing typographical errors, upgrading plans and

records maintained by the facility, or replacing equipment with 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 major changes that substantially alter a facility or its operations.

State regulations differ from federal rules regarding permit modifications only in that three types

of modifications are considered class 2 modifications, rather than class 1 modifications, by the

State: decreased rate of waste 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 of Ecology's Central Programs,

and the Nuclear Waste Program.

VI. Permit Review and ApprovallDenial Process for Existing and New TSD

(Treatment, Storage, and Disposal) Facilities

- ------ -.--,-.-.---- .--------

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

Program Description- Washington Department of Ecology Hazardous waste Program

Note: Each section designated by a capitallelter is 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 of air, water, and/or soil samples as necessary.

1------ -~----- 44 I

I

I

o
5.

6.

7.

• 8.

9.

10.

11.

12.

•

•

Call for Part B permit applications.

Review and make completeness determinations on Part B permit applications.

Review revised applications and prepare Notice of Deficiency (NOD).

Review and approve financial assurance documents.

Issue draft permits and fact sheets (if necessary) or a statement of basis of permit

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 and financial

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

provided by 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 proper judicial review of permits in cases of applicant appeals.

18. All formal EPA permitting/milestone events undertaken during the permit review

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 of a TSD 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, professional judgments and technical expertise, as well as EPA guidance

and checklists that include both Federal and State 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 of events, lines of responsibility, 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 by a capital letter is dated separately. See Section Headings for:most recent update.
B. Judicial Review of Permits (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 Chapter 43.21B RCW. The Pollution Control Hearings Board Act, WAC 371-08-

255, states that in the event the board determines that a permit issued by Ecology under Chapter

173-303 WAC is invalid in any respect, the board will issue an order remanding 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 superior court of the State

of Washington 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 theBoard ratifies.

46

Program Description- WashingtonDepartment of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.

o

o
Figure 2. Permit Process 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

Department of Ecology

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 a capital letter is 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 of applicati?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 in response 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 ofEcology March 2001

48

()

Program Description- WashingtonDepannenr of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is 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. of EnergylWestinghouse/Battelle, Hanford

(NucWaste)

14. Occidental Chemical, Tacoma (Pioneer Chlor Alkali)

15. Reichhold Chemical, Tacoma

16. Shell Oil, Anacortes (Industrial)

17. Sol-Pro, Tacoma (now Emerald Services)

18. Texaco Refining and Marketing, 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 Waste Program

Note: Each section designated by a 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 ("Enforcement Procedures") 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 of enforcement procedures

contained in the Compliance Assurance Policy. .

I. Authority (last update: 10/31101)

Under the provisions of the Revised Code of Washington (RCW) 70.105.080 and .095, Ecology

has been given the authority to take enforcement action against any violator of the State's

dangerous waste laws and regulations. This authority includes the ability to levy civil penalties

up to a maximum of $10,000 per day of noncompliarice per violation, order compliance 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 behalf of the State, or take other action as

may be necessary, to immediately restrain any person contributing to handling, storage,

treatment, transportation, recycling, or disposal of any dangerous or solid waste in a manner that

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 of Initiative 97 amended Chapter 70.105 RCW to provide for.

strict liability for knowing endangerment of persons or property, with such offenses constituting

a felony.

The United States Environmental Protection Agency has authorized the State of Washington'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 November 4, 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

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Program Description- Washington Department of Ecology Hazardous Waste Program

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A. Introduction (last update: 4115/01)

The-goal of the Program'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 risk and 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

prepared regarding Ecology's contact frequency 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 enforcement efforts, the Program's primary approach to achieving

compliance is to offer technical 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, or repeated 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 of generator workshops; and continuation and

strengthening of technical hazardous waste periodicals such as Shoptalk.

B. Mandatory Inspections (last update: 4iI5/01)

EPA has set priorities for the frequency of Treatment, Storage, and Disposal (TSD) facility

inspections. Inspections are to occur using 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 of fully regulated

large quantity generators (LQG) each year, EPA's suggested five to eight percent (5 to 8%) of the

universe of fully regulated LQGs has been used as Ecology's guideline for the number of LQGs

inspected each year.

•

C. Non-Mandatory InspectionslVisits (last update: 4115/0I)

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Program Description- Washington Department of Ecology Hazardous WU5t~ Program

Note: Each section designated by a 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

of additional inspections and facility VIsits. These include:

State Priority Inspections (including public complaint responses)

Compliance Assistance (e.g., New Notifier, Focused Industry Campaign visits)

Multimedia Inspections

Criminal Investigations

Because 'of Ecology's emphasis on voluntary compliance, many compliance-related facility visits

are not formal inspections with the possibility of enforcement; 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 of Dangerous Waste Regulations determined as a result of Compliance 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 Chapter 43.05 of the Revised Code of Washington (RCW). Portions of

this law require Ecology 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 contradict RCRA enforcement policies and

jeopardize Washington State's RCRA authorization. However, it was later determined

that there was a conflict. Chapter 43.05 RCW limited Ecology's authority to issue

penalties in certain circumstances- See RCW 43.05.050 through .070. These limitations

threatened the validity of Washington'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 determined pursuant toRCW 43.05.901 that the

limitations ofEcology's authority to issue penalties in RCW 43.05.050 through 070

would not apply to the portions ofthe State dangerous waste program 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 brief description 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 based on a number of criteria

such as citizen complaints, past compliance record, type of facility, etc. 0

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ProgramDescription- Washington Department of EcologyHazardous waste Program

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•

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2. Compliance Assistance Visits

Ecology staff conducts a variety of different types of compliance assistance visits, including New

Notifier visits, Increased Generator Contact visits, Joint Site Visits, Focused Industry Campaign

visits, and Small Quantity Generator visits. Each of these have originated for differing purposes,

but the overall goal is to make business operators aware of hazardous waste requirements,

provide targeted information on how regulations apply to their business, and offer information on

means to gain voluntary compliance with the requirements.

a. New Notifier Visits

Visits to those facilities that have recently notified EPA and the Department of Ecology of their

existence, but have not yet been inspected. The purpose of New 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 fewer compliance 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, a concerted effort is 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 a major objective of Increased Generator Contact

Visits. They are designed 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 staff conducts visits

jointly; compliance and technical information and assistance are provided. Whether the lead

staff person is a Compliance Inspector or a Toxics Reduction staff depends 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

Ecology has found that a concerted compliance education effort targeted at generators belonging

to specific industries is an efficient and effective use of resources and obtains desired compliance

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 particular targeted 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

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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.
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 of determining compliance with multiple environmental laws and

regulations. This type of inspection 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 at Ecology is the responsibility of Ecology's criminal investigators; they

work closely withEPA Region 10 criminal investigators. Ecology criminal investigators conduct

site visits under search warrants to obtain physical evidence, samples, and witness or perpetrator

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 Compliance Monitoring (last update: 4/15105)

NOTE: The following information on Corrective Action is meant to briefly summarize

certain aspects of Hazardous 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

Under RCRA 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 a RCRA permit, regardless of when the waste was placed

in the unit. Financial assurance for the completion of corrective 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 for corrective action

with other compliance monitoring activities. Ecology may perform the following five

compliance monitoring tasks for corrective action implementation:

1. Corrective action compliance monitoring inspections

Corrective action compliance oversight inspections are used to monitor the bulk of corrective

action compliance field activities. These oversight inspections monitor site activity as

required in the corrective action order or permits, and confirm that the owner/operator is

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

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Program Description- Washington Department of Ecology Hazardous Waste Program

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A comprehensive groundwater monitoring evaluation is a detailed assessment of the adequacy

of the design and operation of a facility's groundwater monitoring 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 by Ecology hydrogeologists to assess

how well a groundwater monitoring system is functioning. Operation and maintenance

inspections focus on the conditions of the wells and sampling devices. They include a review

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 if enforcement is appropriate and provide evidence and documentation to support

an enforcement action. Case development inspections are resource intensive investigations,

and may include sampling of all media and/or extensive documentation of record keeping

violations.

5. Compliance schedule inspections

A compliance schedule inspection is an on-site inspection or other reevaluation conducted to

verify compliance with enforcement actions, to verify compliance with a corrective action

schedule, or to review deficiencies noted in a previous inspection.

III. Enforcement Procedures (last update: 41\5/01)

Note: Appendix 1 contains the full text of Hazardous WastelToxics Reduction

Program's (HWTR) Compliance Assurance Policy. The following narrative on

Enforcement Procedures includes a summarization and, in some cases,

elaboration of, information contained in the Compliance Assurance Policy.

The narrative is meant to offer a stand-alone description of HWTR's

compliance monitoring and enforcement policies for the reader not needing the

specific formal details of enforcement procedures contained in the Compliance

Assurance Policy. Please refer to Appendix 1 for a formal presentation of

HWTR's compliance assurance policies.

In enforcement cases, HWTR Program staff consider the full range of enforcement options

available and choose the type(s) of action 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. Of course,

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 (If Ecology Hazardous Waste Program

Note: Each section designated by a rnpitalletter is 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 determined by considering the

types of violations and the degree of threat to human health and the environment. However,

whenever practical, all actions issued should require compliance within 90 days of violation

notification.

The HWTR Program will make every effort to issue formal enforcement actions within 90 days

of the 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 prior to issuance of an 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 anclJor to 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-Complier is a facility

that: a) has caused actual, or substantial likelihood, of exposure of humans orthe environment to

hazardous waste or hazardous waste constituents; or b) is a chronic or recalcitrant violator of

hazardous waste regulations; or c) has violation(s) which deviate substantially from 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 and Management).

Formal enforcement may include:

1. Administrative orders.

Administrative orders direct a specific course of action within a specified time to achieve

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Program Description- WashingIon Department of Ecology Hazardous Waste Progrnm

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compliance. Administrative orders are unilateral actions, issued by Ecology pursuant to statutory

authorities. Administrative orders issued pursuant to Chapter 70.105D RCW (Corrective Action)

may be reviewed only in Superior Court; orders regarding other DW regulations may be appealed

and/or settled as outlined in Section V below (Appeals and Settlement Procedures).

2. Agreed Order

Agreed Orders are negotiated agreements between Ecology and a regulated 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 a court of law. Agreed orders direct a specified action or

actions that must be taken by the respondent within a specified schedule. Agreed orders may

contain provisions for administrative dispute resolution, enforcement, and/or stipulated penalties.

3. Consent Decree

Consent Decrees 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 Superior Court.

Consent decrees are enforceable by the courts. Failure to comply with a consent decree may

subject the violating party to contempt of court charges.

4. Injunctive Relief

Ecology may seek injunctive relief in cases of significant violations and/or severe environmental

or human health risk. Injunctive relief is sought in Superior Court, and is generally initiated only

after the violator has been notified of the violation and consequences of non-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

any requirement of Chapter 70.105 RCW (Revised Code of Washington) and any regulations

adopted pursuant to it. The amount of a penalty is determined by classifying the violator,

reviewing specific violations, evaluating discretion factors, and using enforcement examples.

For further details on penalty determinations, please refer to the Compliance Assurance Policy

included as Appendix 1.

C. Criminal Prosecution (last update: 5110/96)

Generally, Ecology will seek criminal sanctions only when violations are continued or repeated

despite formal agency notification of the violation and its possible consequences. In cases of

.blatant disregard for human health or the environment, Ecology may seek immediate criminal

sanctions. The intent of criminal enforcement is to obtain compliance by both the violating

facility and the rest of the regulated community; The operating assumption is that willful,

knowing violators of environmental laws should be dealt with in the criminal court system. This

tends to promote compliance by serving as a deterrent to other members 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 a criminal investigation all other regulatory or administrative

actions may continue to take place, such as inspections, responses to complaints, normal

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. Program Description- Washington Depcrtnenr of Ecology Hazardous Waste Program

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'.

permitting activities, and other routine administrative matters.

Criminal prosecution requires a higher standard of proof than civil/administrative proceedings.

In order to prevail in a criminal case, Ecology must prove beyond a reasonable doubt that the

regulated entity knowingly intended to violate State law. Criminal prosecution at Ecologyis the

responsibility of Ecology's criminal investigators who work closely with criminal investigators at

EPA Region 10 and other law enforcement agencies.

IV. Appeals and Settlement Procedures

A. Appeals Process (last update: 4/15/01)

Once a penalty or order has been issued, the violator has a right to appeal. An appeal may take

one of two forms: 1) an Application for Relief filed 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 violator has fifteen calendar days, from the enforcement action delivery date, to file an

Application for Relief with Ecology. Ecology acknowledges receipt of the Application within 30

days by letter. In the Application for Relief, 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 Relief in the presence of a notary.

o

Ecology considers the information in the Application for Relief and 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 canceled or mitigated when additional

facts relevant to the violations cited are brought to Ecology's attention.

Formal decisions are comprised of a cover letter and a Notice of Disposition Upon Application

For Relief which either affirms, mitigates or cancels the penalty assessed. The decision to

mitigate, cancel, or affirm should include consideration of the argument provided by 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 of receipt of the enforcement action or Ecology'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 a hearing date; at the hearing the case will be

reviewed and the PCHB will make a determination. Both the violator and Ecology have the rightto appeal the PCHB determination through the courts.

B. Innovative Settlement Procedures (last update: 4115/01)

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Program Description. Washington Department of Ecology Hazardous Waste Program

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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 violator has the option of settling with Ecology

prior to the PCHB hearing. The full range of options is considered during the settlement

process. Generally, the violator's attorney will seek resolution by contacting the assistant

attorney general in charge of the case. All settlement offers are handled through the State

Attorney General's (AG) Office in conjunction with the staff who 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 mayor may not be used for

environmentally beneficial projects. The use of innovative settlements makes it possible to

funnel-money into projects that will directly benefit the environment.

1. Innovative Enforcement Settlement Guidelines

A penalty must be issued

Only permissible after appeal to the Pollution Control Hearings Board (PCHB)

Project should benefit environmental medium that was impacted by the violation

Project should have a great enough impact so that the violator does not receive an economic

reward or tax break (the economic impact should be 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 a catalogue of innovative actions

In general, innovative actions require the violator to do more than simply pay a penalty. The

resulting settlement often requires the violator to providefunds for a variety of environmentally

beneficial activities.

Examples of past innovative settlements include: funding for local Hazardous Materials teams,

violator sponsored seminars, newsletters, stream clean-ups, household hazardous waste

collection, and public education.

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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.
2. Innovative Settlement Process 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 violator files an Appeal to the Pollution Control Hearings Board.

5. Prior to the Pollution Control Hearings Board final hearing, Ecology, in conjunction

with the Attorney General'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 enter the settlement agreement to the Pollution Control Hearings

Board.

(Note: If the violator chooses to appeal directly to the PCHB, steps 4- 6 are followed.)

v. House Bill 1010 (Chapter 43.05 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

Chapter 43.05 RCW. It is a major piece of regulatory 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 Reform Task Force out of a concern about the

volume and complexity of government regulations. The Task Force 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 at II. C., Ecology determined

pursuant to RCW 43.05.901 that the limitations ofEcology's authority to issue

penalties in RCW 43.05.050 through 070 would not apply to the portions ofthe

State dangerous waste program that implement federal RCRA requirements.

B. Provisions of HB 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 other things, this law: describes those situations when an immediate

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Program Description- Washington Department of Ecology Hazardous WUSIC Program

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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 correct certain types of violations

within a reasonable time period.

HB 1010 defines a "technical assistance" visit as a visit by a regulatory 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 issued by 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 similar type of violation, or has been given previous notice of the

same or similar type of violation;

b)the violation has a probability of placing a person in danger of death or bodily

harm, has a probability of causing more than minor environmental harm, or has a

probability of causing physical damage to the property of another in an amount

exceeding one thousand dollars.

If a violation found during a technical assistance visit does not fit one of the above exceptions

and Ecology wants to preserve the option of issuing an administrative penalty, Ecology must.

provide a "notice of correction" to the owner of operator of the facility of any violations of law or

agency rules. This notice must be provided during the visit, or within a reasonable time

thereafter, and must include specific types of information, including: a description of the

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 of how

to contact any technical assistance services provided by the agency or others; and notice of when,

where, and to whom a request to extend the compliance deadline for good cause may be filed

with Ecology.

During any site visit other than 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 a previously issued notice of . .

correction. If no previous notice of correction 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 of correction. The notice of correction must contain the same information

indicated above for a "technical assistance" visit notice of correction.

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Program Description- Washington Departrrem of Ecology Hazardous WasteProgram

Note: Each section designated by a capital letter is dated separately. See Section Headings fer most recent update.
PART IV

DATA COLLECTION AND MANAGEMENT

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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, number notification system. The U.S. Department of

Transportation and EPA require an active RCRA identification number on manifests that

accompany shipments of regulated hazardous/dangerous wastes. A RCRA Identification (ID)

number identifies the generators (originator), transporters, and Treatment, Storage, Disposal,

and/or Recycling Facilities (receivers) that handle regulated dangerous wastes. A dangerous

waste handler who needs a RCRA ID number fills out a Washington 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 of Ecology and the EPA work together to 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 treat hazardous 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 a monthly basis in the prescribed flat file formats for the RCRA Info Handler Module.

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 Nuclear Waste Program.

The information entered by Ecology into the RCRA Info system exists with similar RCRA Info

information entered by EPA. The details of how both agencies use RCRA Info and how the

information merges together is described by a Memorandum of Understanding (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 staff and 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 letter is dated separately. See Section Headings (or most recent update.
•

•

types of hazardous waste they generated and/or managed (either on-site or off-site), the origin of

generation, and the final destination of the waste.

The State's annual reporting system is stricter than 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). Data from 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 of Hazardous Waste

Generator Fee'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/Form 5) (last update: 5110/96)

From 1982 until 1994 Ecology collected annual report data on two forms: the Form 4 for

generators and transporters of dangerous waste, and the Form 5 for receivers (TSDRs or

transporters, storers, disposers, OJ; recyclers) of dangerous waste. These reports were originally

designed to track 'cradle to grave' manifest information and to answer questions 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 staff time 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) of dangerous wastes. These forms

were designed following an information needs analysis of data 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 either paper forms or in electronic format using the State

designed TurboWaste software. Upon receipt by the State, the report data is subject to a strict

series of quality 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 staff and the public.

01 (Off-site Identification Form)- indexes name and address information to the ID

numbers of generators, transporters and TSDRs

referenced in the other forms.

o

III. Other Important Data Systems

The HWTR Program maintains a number 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 a computerized 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 of dangerous 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 of specific words or phrases

occur.

Restricted searches speed search times. Using what are called "fields", Folio allows the

creation of any number of sub-sets of the 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 to jump from any point in the

system to any other point in the system in an endless chain.

When researching telephone inquiries from the regulated community, staff often initially

searches Institutional Memory to see if, and how, Ecology staff has addressed similar questions

in the past.

64

Progrnm Description- Washington Departrrenr of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings ror most recent update.
•

•

•

B. Monthly Report Database (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 cannot be tracked in

RCRIS. The Program has developed an ACCESS database application to quantitatively track the

more important of these tasks on a monthly basis. Examples of data tracked in the Monthly

Report Database are: compliance workshops and number of attendees, pollution prevention

workshops and number of attendees, number of visits to facilities that must prepare Pollution

Prevention plans, number of compliance-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 a certain

amount of dangerous waste per year must report under federal 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 of Pollution Prevention

Plans are specified in guidance issued by Ecology.

HWTR has developed an ACCESS 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 of different 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 118.40 WAC: 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 Management Division 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 staff developed a MSAccess database application to track the

facilities compliance history, chemical storage, and releases. In addition, Unit staff developed an

electronic reporting application, Epcramail, to assist in reporting under the Tier Two 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 by a capital letter is dated separately. See Section Headings ror most 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 under the Section 312

(Tier Two) reporting requirements. In addition, 250 facilities reported under Section 313 (Toxic

Release Inventory) requirements. Unit staff work with US EPA staff for enforcement actions.

o

66

o

Program Description- Washington Departrrent of Ecology Hazardous WasteProgram

Note: Each section designated by a capital letter is dated separately. See Section Headings Cor most recent update.
•

•

IV. Regulated Community Data Estimates

A. Number of Notifiers by Activity Reported (last update: 11/01/01)

The following information depicts the status of Washington State as of November 2001.

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

" -Current ',~'

"

' , , . , ' -._4. . ':, ,~"t,'~~i~';:; '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. Amount of Waste 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 (derived from a production 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 a TSDR Facility*, either

in-state or out-of-state, for management)

Total

124,000

256,000

•

*A facility that is permitted to receive waste from other generators for treatment,

storage, disposal and/or recycling management.

67

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.
Hazardous Waste Received and Managed WA 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 WA from another state or countr

Ex orted out of WA to another state or countr

68

Program Description- washington Department of Ecology Hazardous Waste Program

Note: Each section designated by a cnpitalletter is dated separately. See Section Headings Cormost 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. Department ofEcology Organization (last update: 5115198)

The Washington Department of Ecology (Ecology or Agency) is the agency mandated by the

State Legislature to administer Washington's federally approved Resource Conservation and

Recovery Act (RCRA) program. As shown in Figure 4 (Washington State Department of

Ecology Organizational Chart), Ecology Programs 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 Program functions. Each Program operates under an

appointed Program Manager who reports to the Deputy Director and the Director of the

Department. Within Ecology, three organizational groups have responsibilities for

.implementing Washington'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 at headquarters, and the Hanford Section (Nuclear Waste

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 better integrate and coordinate Ecology'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 a Program'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 primary responsibility for

implementing federal and State hazardous waste rules and regulations. It undertakes this

responsibility through fair and reasonable exercise of the following tasks:

69

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.

- .:..... :.....:.-.-::.:-~-_.-_._._ ...
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 of educational and informational activities

designed to help the regulated community voluntarily comply with State and federal regulations.

Tasks undertaken by HWTR in this category include:

New Notifier visits, Increased Generator Contact visits, and single-industry

campaigns;

Preparation of Hazardous 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 development concerning proper waste management.

c. Promotion of Pollution 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 of required 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 a Pollution 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-industry campaigns.

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, a computerized compilation of all

Program regulatory 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 of hazardous

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 the Information and Permit

Management Section- plus the HWTR staff in the Regions; organizational flow diagrams are

shown in Figures 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

support functions (see Figure 5). TAPS developed and periodically updates the State Hazardous

Waste Plan that includes recommendations for improving 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 of businesses 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 Nuclear Waste Program. In addition, it coordinates compliance

monitoring activities and ensures statewide consistency in the application of Dangerous Waste

Regulations. Most public involvement aspects of the Program are coordinated through the TAP

Section.

71

Program Description- Wa.shington Department of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter' is dated separately. See Section Headings ror most recent update.
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 of this Section. I&P staff 0

coordinate compliance with 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 staff coordinate with

other members of the State Emergency Response Commission, and with local and federal

government.

The Hazardous Waste Permits staff within I&P issue permits for facilities that treat, store, or

dispose of hazardous 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 staff are responsible for, or assist with, permits for many of the more

complex TSD facilities in the state. The Permits staff coordinates permit activities and write

permits at selected TSD facilities.

b. Regional Sections Organization

Ecology regional office staff has 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 staff is located in each region. The regions cover

Southwest, Northwest, Central, and Eastern Washington. Each regional office has a designated

HWTR Section. The regional staff are 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 staff implements the agency enforcement policy by documenting

and making recommendations for enforcement actions to their Regional HWTR Section

Supervisor who has signatory authority for all enforcement actions within their jurisdiction.

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 Solid Waste and Financial Assistance Program and the

Kennewick Office of the Nuclear Waste Program also carry out regional office functions. The

Industrial Section has major industries as their area of responsibility (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 Nuclear Waste

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 major industries, the Nuclear Waste Program's

Kennewick Office carries out all the functions of a regional office at the Hanford Reservation.

While its primary focus is the Hanford Reservation, the Kennewick Office also has responsibility 0

72

Program Description- Washington Department of Ecology Hazardous wcsre Program .

Note: Each section designated by a capital letter is 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 that is 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

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 rece~t update.
Figure 4. Washington State Department of Ecology - 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

Wanda James (360) 407-7009

(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 Administrative Services (425) 649·7010 (360) 407·6307 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. September 2000

Printed on: October 4, 2000

....

;':,'

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"'.

Program Description- washington Dcpurureut (If El,;olllBY Huzunfnus WUSIC Program

Nete: Each section designated by a capltal lener Is dated separately, See Section Headings ror most recent update.
Figure 6. Hazardous Waste and Toxics Reduction Prpgram ., . Regional Staff '.".. . ,

-------------~

Progrum DCSf..i( Nashillgton Depurtnjent of Ecnlogy Hazardous WasteProgram

Note: Each sel·.~~·;.-acsigllaled b)' a capital letter is 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: September 2000

Printed on: October 4, 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 Community Right 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. Their cost.is based upon an indirect rate negotiated between

Ecology and Department oflnterior. Rate is 31.6% times (Salaries + Benefits) through the

end of FYOO; PYOI rate is 32.9%.

(I) Totals exclude Assistant Director budget and Cost Recovery Budget

(2) Includes several small Pollution Prevention grants and federal RCRA grants. The actual

FYOO award for RCRA was $2,374;400 (HWTR Program's share was $1,824,400;

Administration Program's share was $550,000).

•

III. Program Planning Process (last update: 5/10/96)

The Program planning 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 a planning

77

Program Description- WashingtonDeparnrenr of Ecology Hazardous Waste Program

Note: Each section designated 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 and minimum 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 of potential new projects; g) resource allocation and reallocation decisions by

Management. Depending on decisions by Program Management different steps in this

planning process can be more or less intensive depending on circumstances in any given

. year.

78

ProgramDescription- Washington Department of Ecology Hazardouswnsre Program

Note: Each section designated by a capilalletter is 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 AND TOXICS 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

Program Philosophy

The HWTR Program Will Emphasize An Approach That Seeks Voluntary Compliance By the Regulated

Community. The HWTR Program expects that businesses and public agencies will operate in compliance

with environmental 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 enforcement unless 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 staff to: (a) assure the

management of hazardous substances and hazardous wastes in ways that are protective of human health and

the environment; (b) promote voluntary compliance by persons subject to 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 a priority on addressing problems and

influencing as many businesses as feasible. This will result in a greater number of businesses correcting

violations that present risks to human health and the environment, rather than a lesser number of businesses

that achieve compliance with the full range of regulatory requirements.

Authority

Hazardous Waste Management Act, Chapter 70.105 RCW;

Dangerous Waste Regulations, Chapter 173-303 WAC;

Hazardous Waste Fees, Chapter 70.95E RCW;

Pollution Prevention Fees, Chapter 173-305 WAC;

Hazardous Waste Reduction Act, Chapter 70.95C RCW;

Pollution Prevention Planning Regulations, Chapter 173-307 WAC;

Model Toxics Control Act, Chapter 70.105D RCW;

Technical Assistance Officers, RCW 43.21A.085 and .087;

Technical Assistance Programs, Chapter 43.05 RCW; and

Delegated Authority from the United States Environmental Protection Agency for the

Resource Conservation and Recovery Act (RCRA)

79

Program Description- Washington Department of Ecology Hazardous Waste Program

Note: Each section designated by a.capltal letter is dated separately. See Section Headings for most recent update.
1. The HWTR Program Will Provide a Consistent Approach in the Implementation of

the Hazardous Waste Regulations Throughout the State

HWTR Program staff are 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; Nuclear Waste Program,

Industrial Section) to encourage consistent implementation of waste management requirements 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 staff will seek to maintain open communication with regulated persons. Timely and open communication is

one of the most effective means HWTR staff have 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. HWTR Program Staff Are Encouraged to Use Alf ofthe 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 HWTR Program staff will 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 Chapter 43.05 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 which constitute a Notice of Correction

under Chapter 43.05 RCW, and a Notice of Deficiency for hazardous waste permit applications.

Informal enforcement action will not result in penalties when a business operator completes necessary actions to

comply with regulatory requirements within a reasonable 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 and the environment and other conditions which cause the facility to be classified as

a Significant Non-Complier (violations of permits 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 (joint EcologylEPA office) for investigation and potential prosecution. HWTR Program staff do not condu()

80

Program Description. Washington Departuent 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 of the Criminal Investigation Division, HWTR staff may participate as

technical advisors in certain phases of criminal investigations within the scope of their civil authority.

The HWTR Program Will Classify Violators Based Upon the Degree of Threat to

Human Health and the Environmentand History of Compliance With the Dangerous

Waste Regulations

HWTR Program staff are responsible for identifying and prioritizing the facility responsible for violations. Violators

are classified based on an analysis of the degree of threat 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 of Correction, orders, or penalties.

Two classes of violators are recognized: Significant non-compliers CSNC) - are those facilities which:

• have caused actual exposure, or a substantial likelihood of exposure, of hazardous 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 ofSignificant Non-Complier is intended ~o identify those facilities for which formal 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 of human or environmental exposure to hazardous waste or

constituents. A facility classified as an SV should not have a history of recalcitrant or non-compliant conduct.

Secondary violators may be afforded the opportunity to achieve voluntary compliance within a reasonable time

period.

The HWTR Program May Issue Penalties to Address Violations by Significant Noncompliers. .~~.~ ~.~=,

In making a determination to issue a penalty and its amount, the HWTR Program will assess the

degree of threat to human health and the environment, the class of violator, and the discretion

factors listed below.

a. Discretion Factors

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 use of

discretion include: .

Degree ofThreat 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 of underground

drinking water). Potential routes of exposure to the environment should include those to air, soil, surface and ground water.

Hist01Y ofCompliance. 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 requirements ofstatute, regulations, permits, orders or other agreement may be considered.

Available Resources. Pursuing penalty actions requires extensive investment ofstate 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 assessment of a penalty because of lack of resources, it

will be documented in the facility's enforcement file and the program manager will be informed. Staff are expected to

81

Program Description- Washington Department of Ecology Hazardous Waste Program

~ole: Each section designated by a capital letter is dated 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 Regulated Community. A penalty action may influence the behavior of others in the regulated community by

serving as an incentive for maintaining their compliance. 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 of a penalty.

Economic Benefits ofNon-Compliance. Facilities may have benefited economically by not being in compliance 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 penalty amount. 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 calculating economic benefit for more complex situations where more quantifiable data are

available. Please refer to the HWTR Inspector'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 HWTR Program 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 a company wide basis.1 HWTR staff may consider a reduction or elimination of a penalty when

the SNC qualifies as a small business and all ofthe following criteria are met:

•

•

•

•

first violation. The business was not subject to previous direction through a Notice ofCorrection or other formal

enforcement action for violation ofthat requirement in 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 a reasonable time by the business to achieve compliance 0

and correct potential 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 the Dangerous Waste

Regulations. Normal inspection methods will be employed (unannounced inspections, for example). Consistent with this

policy and applicable agency policies, the HWTR Program 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. Consent orders are the preferred formal 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 of Penalty Amounts

The HWTR Program may, under the authority ofRCW 70.105.080 and .095, issue a civil penalty for violation of the

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 of a 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 letter is 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 of Section 5.a. will be considered when selecting a penalty amount from the ranges given for each

category in Table 1. below. A penalty can be assessed for each violation, groups of violations, or on a per day basis.

As a final step, staff should 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) of the 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 in response to moderate violations.

C. Minor Violations

• Actions of an administrative nature that have little or no potential to impact human health or the environment; or,

Actions which deviate somewhat from regulatory or statutory requirements but most (or all of the important

aspects) of the 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 and person

against whom a penalty has been issued, the program will encourage the use of innovative

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 benefit for 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

with environmental regulations; provide adequate documentation; and, include some degree of monetary penalty being

paid.

The HWTR Program may issue administrative orders requiring compliance either

immediately or within a specified time period, as necessary, to address Significant NonCompliers. When a Significant Non-Complier fails to perform as directed in an

administrative order, they are liable for civil penalties.

7.

er---,--------'-------=:-----"-------

83

Program Description- Washingron Department of Ecology Hazardous waste Program

Note: Each section designated by a capital letter is 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 a response 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 of regulatory requirements will be given a reasonable 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 enforcement responses 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 of Correction, 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 HWTR Program 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 staff person 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 HWTR Program's pollution prevention activities are focused to a large degree on the requirement for 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 staff shall pursue compliance with this

requirement solely through technical assistance and informal means (letters listing deficiencies, for example).

Implementation of pollution 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 of pollution prevention measures.

84

ProgramDescription- 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.

(J
•

10. The HWTR Program 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 of contamination at hazardous 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 liable persons. Agreed orders, consent decrees, 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)

Department of Ecology Innovative Settlement - Policy Guidance

o

There are two types of settlements to resolve administrative enforcement actions: traditional and innovative.

Settlements that simply reduce a penalty or revise an order to avoid litigation are considered traditional. Innovative

settlements involve reducing a portion of the penalty assessed for a promise to take specific actions that confer

direct environmental benefits.

Innovative enforcement techniques are employed after a penalty is issued, has undergone appeal to"the PCHB and

before the PCHB's final hearing. The Assistant Attorney General and the inspector/investigator coordinate efforts

in the settlement negotiations. Upon reaching settlement, the violator withdraws 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 violator to 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 of pollutants.

Environmental Restoration, Enhancement and Monitoring: An environmental restoration project is one that

not only repairs environmental damage but goes beyond repair 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/or environmental practices whose deficiencies appear to 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 of environmental compliance and pollution prevention. Public

awareness materials developed as a result of an innovative settlement must be reviewed and app~oved by Ecology.

Past innovative settlements include: Violator sponsored seminars, newsletters, stream cleanups, household

hazardous ;vaste collection, and public education.

86

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.
Appendix 3

Technical Assistance/Compliance Inspection Checklist

DANGEROUS WASTE COMPLIANCE CHECKLIST

Date: xx/xx/xx

OPENING CONFERENCE: Yes / Ni:>,

..

,TYPE OFVISIT: Technical Assistance." ,-.Compliance _. ': -_. ,_:,,-;--~>;_"I~spe~!i()n':c-

'.~ -.-' .-

SITETOUR: Yes! NoComplaint

RECORDS REVIEW: Yes INo

- '."~" ..-.« . -,

SITE NAME:

SITE CONTACT(S):

TITLE(S): Environmental Coordinator

PHONE: ------------------

WA

Z[J>: ---------------

ADDRESS:

MAILING ADDRESS:

CITY:

YEARS ON SITE:

GENERATORIFACILITY STATUS:

.·PE OFBUSINE~S:

--

LEAD CONTACT:

OTHER REPRESENTATIVES:

TIME ON SITE:

REpORT DATE:

-

PROCESSES THAT GENERATE WASTES:

COUNTY:

SQG

AM/PM

MQG

G

SIC#:

LQ TSD

PHONE:

RECYCLER OTHER

FAX:

AM/PM

POLLUTION PREVENTION S'UGGESTIONS, TECHNICAL ASSISTANCE REFERRALS

----1_, _ (~~ I

WASTE STREAMS (DESCR[J>TION OR CODES):

Information and assistance on the

following environmental programs is

available from:

f

If you are interested, you may call (Name and Phone Number) for information on free technical assistance visits from our Toxics

Reduction staff.

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.
SITE NAME: Date: Xx/xx/xx

. See Line #,

CONDmONS NOTIN COMPUANCE Below ()

LINE

No. VIOLATION

LINE

WAC 173-303 No VIOLATION WAC 173-303

WASTE MANAGEMENT. -,'. .. . .WAS1:'E MANAGEMENT. 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 Generator Plans -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 of dangerous -170(1)(a)

waste

13 Use/Mgmt. of Containers -630 31 Requirements for accumulating dangerous -200(xx)(xx)

waste on-site

14 - Condition of containers -630(2) 32

15 - Compatible containers -630(4) ".__ . OTHER ENVIRONMENTAL LAWS/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 will provide a copy ofthe text ofregulationsfor which violations are cited.

QUESTIONS, CONCERNS, COMMENTS

ECOLOGY WILL:

OWNER/OPERATOR WILL:

88

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.

o

o
SITENAME: 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. If an

action is not completed, please note in the "Date Completed" column and explain on back of this page.

Return Completed Form or Request for Extension -- Upon completion of all actions listed above, please mail a copy of this form to the

Washington Department of Ecology at the address listed below. An extension of the 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 Lead Contact by XXX XX, 199X. Ecology will provide a written approval or denial of your request.

By Date

No. Action(s) Needed to Achieve Compliance ,When? Completed Initial

: '0

-

, ,

--

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

.. - -

..._.. - '

Ecology Lead Contact:

Address:

eceived By:

Date: _

This checklist serves as a notice of deficiency for technical assistance visits or a notice of correction for other site visits

as provided for in the Washington State Law "Implementing Regulatory Reform" , Chapter 403, Laws of 1995.

REVISIT NONE

SPLITS OFFERED: Yes / No

TIMs Focus SHEETS

YES/NO

PHONE LETTER

SAMPLES TAKEN: Yes / No

STEP-BY,STEP

FOLLOW-UP BY ECOLOGY:

PHOTOS TAKEN: Yes / No

DOCUMENTS LEFr: REGULATIONS

ADDITIONAL:

ASSISTANCElENFORCEMENT PROGRAMS 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, contact Felicia Curtis at (360) 407-6721

or Julie Carrasco at (360) 407-6199 (Voice), or (360) 407-6006 (TDD).

•

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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.
Appendix 4

(Last Update: June 12.2001)

Resource Conservation and Recovery Act Information System (RCRAlnfo)

Letter of Agreement

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 referred to 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 10 implementation 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 to RCRAlnfo. 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 will not change handler data, since handler data is

translated from the State's HWIMSy database.

This document upholds the following basic principles:

Serves as the official agreement between the State and Region 10 by identifying the areas

of information management associated with maintaining RCRAlnfo data;.

Improves partnering, information sharing and the quality of RCRAlnfo data;

Provides a formal procedure for resolving disputes over the content of the data;.

Clarifies RCRAlnfo data management requirements and procedures.

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 data not directly entered into 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 Data Element Dictionary (DED).

Communications and Relationships: The Region 10 and the State data entry and

programmatic staff should work together to ensure that RCRAlnfo data management is

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successful. The Region 10 RCRAInfo 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 staff should contact their assigned Region 10 data contact when

Region 10. assistance with problem-solving requires the input of the RSA. Region 10 and the

State agree to consult with each other frequently about data decisions that are new or unusual and

any decision that affects any of the calculated universes.

Electronic data access: RCRAInfo User IDs will remain the same as those used in the RCRIS

mainframe if the User was established prior to the transition to the new system. New Users will

contact Region 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 a compatible version ofInternet

Browser software.

RCRA Identification Number Issuance: Region 10 Authorized States have primary

responsibility for the Handler module, including the generation and issuance of Hazardous 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. IDnumber issuance will

occur within 10 days of receipt of a completed 8700-12 or State 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 (broader in 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 equity for Region 10 States.

Non-Notifier ID Numbers: Each State is responsible for entering non-notifiers it discovers into

the RCRAInfo handler module as an'S' record when generating a non-notifier ID 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 staff reporting 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 shared by

Region 10 with State staff whenever it occurs.

Documentation: The State will maintain complete physical and/or electronic files on each

handler issued a RCRA ID number. Copies of forms submitted to the State where changes to

status occur (activate, inactivate) will be sent to Region 10 monthly. The State will document

91

Program Description- Washington Department of Ecology Hazardous Waste Program

Note: Each section designated by a capital leiter is dated separately. See Section Headings for most recent update.
TSD Universe Calculations: Both Agencies will consult with one another before 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 Standard Form 8700-12, Rev. 12/99

Notification of Regulated Waste Activity (or State equivalent) will be collected and entered by

the State into their State translator system or a RCRAInfo 'N' record within 10 working days of

receipt. If translated, handler data will be on-time and error free 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 will jointly decide which Handler

module reports will be used to assess/manage data in the Handler module. Whichever Agency'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 their regular data

analysis.

Permitting/Closure: Federal Standard Form 8700-23, Rev. 12/99 Part A forms (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 enter it 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

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---------1

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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 by RCRIS/RCRAlnfo. The State and Region 10 will jointly 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 their regular data analysis.

Compliance/MonitoringlEnforcement (CM&E): The State will review its CM&E data

monthly. Updates to the Compliance module of RCRISIRCRAInfo 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 make continuous efforts to coordinate all compliance, enforcement and inspection data. Predecisional enforcement data will not be released to the public without EPA 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 will jointly decide which RCRAInfo CM&E reports will be used to assess

and manage data within the CM&E 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 their regular data 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 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 will jointly 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 regular monthly 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 prior to 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

ProgramDescription- Washington Department of Ecology Hazardouswaste Program

Note: Each section designated by a capital letter is 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 staff level whenever possible. Once the elements of a dispute have been

identified, the Agency identifying the items will contact the other Agency within two (2) days to

discuss the data in question. If staff cannot resolve the problem within one (1) week, it will be

escalated to the Unit/Section management level for resolution. If it is determined that resolution

cannot be reached within one (1) week at the first management levels of both Agencies, the

problem will be escalated to the next level of management for a one (1) week review/decision

until it reaches the highest management level. Final authority for dispute resolution will rest with

the EPA Manager of the Office of Waste and Chemicals Management and the Senior Manager

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 of problem

identification.

Amendment: Should there be any significant changes in RCRA Policy, the State's relationship

to Region 10 in terms of Authorization or substantial enhancement/modification to the database

system, Region 10 and the State agree that this document may be amended by letter to add

provisions that ensure the timely management of quality data in RCRAInfo. This agreement does

not affect the legal rights that either party 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.

For the United States Environmental

Protection Agency

xxxxxx

OWCM Manager

Date _

The State of

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Program Desc..riptkm- Washington Department of Ecology Hazardous Waste Program

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xxxx

State Manager

Date _

95

Program Description- Washington Depurtrrem of Ecology Hazard~us Waste Program

Note: Each section designated by a capitaJlelter is dated separately. See Section Headings rormost recent update.
Appendix 5

Memos Addressing the Applicability of HB 1010

DEPARTMENT OF ECOLOGY

February 5, 1998

o

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 cover memo 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 was jeopardizing 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 inoperative for those federally delegated programs.

We have also stated our intent to remain true to the intent of the legislation. EPA is only

concerned that law prohibits us, not by policy.

What does this mean to you? Very little in the way of what enforcement we will take. However,

you should be 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

intertwined into the federal components such that we do not separate them for purposes of

authorization, and will not for the purpose of determining 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

whether these criteria have completely been met. We have rarely issued an

96

ProgramDescription- Washington Department of Ecology HazardousWaste Program

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The Application ofRCW 43..05 (HB 1010) to our Work

February 5, 1998

Page 2

enforcement action after the first compliance visit, and we as an agency have committed to

continue with the intent of the technical assistance law. We need to ensure that we not confuse

businesses or ourselves by the way we implement our field visits. We should make sure that in

our representation of these 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 stem from a state law RCW 70.95, which is not associated with a

federally delegated program. Our program 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 staff for 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.

Other Field 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 of the visit should be clear prior to

undertaking such a visit. If the intent is to provide assistance under RCW 70.95, we will perform

these as Business Assistance visits. All staff are eligible to perform business assistance visits, not

just Toxics Reduction staff. If the aim is to provide enforcement eligible compliance assistance, .

then we will provide them as if they are compliance visits. Certain staff may be precluded from

making Compliance visits due to designation as Technical Assistance Officers under RCW

70.95.

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Ptugrum Description- Washington Department of Ecology Hazardous Waste Program

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The Application of RCW 43.05 (lIB 1010) to our Work

February 5, 1998

Page 3

Requested RCW 43.05 Visits

We should go ahead and conduct requested 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 of each, and then let businesses decide for themselves.

If you have any questions regarding the above, please talk to your supervisor. Should they remain

unresolved, please refer them to the Implementation Network for discussion so that we can

resolve them with the HWTR Management Team.

GS:nh

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Program Description- Washington Department of Ecology Hazardous WasteProgram

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DEPARTMENT OF ECOLOGY

February 5, 1998

• TO:

FROM:

RE:

Ecology Field Staff

Greg Sortie, Joe Williams, Megan White, Mary Burg

Conflicts between Federally DelegatedJAuthorized Programs and

Regulatory ReformlRCW 43.05 (HE 1010)

•

•

We would like to inform you of actions taken by Ecology 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 of HE 1010 which prevent Ecology from

being able to immediately issue penalties for certain violations. EPA determined that those

conflicts were jeopardizing our federally authorized and delegated programs. As a result, we have

notified the legislature that, according to provision 43.05.901 of that 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 Water Act, Underground Injection Control Program,

Underground Storage Tank Program, Hazardous Waste Program and seven Air Quality Programs

(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 authorized portions of these programs are affected.

Any other program or law not mentioned above is still subject to the full extent of the law.

How does this impact you?

Penalties

In essence, this will make little change in the number or focus of our enforcement 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

of penalties are very similar to Ecology's Enforcement Policies. Therefore, it is our intent to

continue to consider the criteria mentioned in RCW 43.05.050 and .070 when considering

whether an enforcement action appropriate. These criteria are:

• The violation was a condition of a permit

• Previous enforcement actions had been taken or notice given to the violator

• The problem had not been corrected in a timely manner

• There exists a probability of death or bodily harm

• There exists a probability of causing more than minor environmental harm

• There exists a probability of causing property damage exceeding $1,000

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Program Description- Washington Department uf Ecology Hazardous Waste Program

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L

If you believe one of these criteria applies, you should not let questions about whether sufficient

evidence exists to prove it stand in the way of issuing a penalty. We will need to change our

Compliance Assurance Manual to reflect when HB 1010 (RCW 43.05) applies, when we

formalize our Performance 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 of our 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 our basic approach to enforcement. The

common-sense approach should be followed to allow us to use our limited enforcement resources

in the most environmentally effective fashion. We have been impressed with Ecology staff's use

of enforcement discretion and expect we will continue to use it.

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Progrnm Description- Washington Department of Ecology Hazardous Waste Program

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Dangerous Waste Rule Amendments - Effective June 2000

This section precedes the Table of Contents 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 the particular rule is discussed. The list is followed by a copy of the

Focus sheet that highlights some of these 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 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

earlier date in each section heading reflecting the last revision.

Locations of Information Addressing Significant New 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

Decharacterized Wastewaters, Carbamate Wastes, I:ill:E.7

and Spent Potliners and 151.1 through 151.6

154 - Organic Air Emission 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 Air Emission 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 of Standards 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

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Program Description- Washington Department 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

for Hazardous Soils, and Exclusion of Recycled ·0

Wood Preserving Wastewaters

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 Air Emission 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-Polar Material

"

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

2

ProgramDescription. WashingtonDepartment of Ecology Hazardous Waste Program

Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update.