ANDREA BfATTY RINII\ER

Director

• STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

Mail SlOP 1'1/-/1 • Olympia, \Vashlllg/ol1 'JH5/N-W;1/ • (lO(J) .J5')-MX)()

March 25, 1987

Mf\R 27 1987

Mr. Robie Russell, Administrator

U.S. Environmental Protection Agency

Region X

1200 Sixth Avenue

Seattle, WA 98101

.... I

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

Dear Mr. Russell:

: .' ~.: :.:; c

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On August 20, 1986, the Department of Ecology submitted an application

for authorization of Washington's hazardous waste program pursuant to

the requirements of the federal Resource, Conservation and Recovery Act

and 40 CFR Part 271 .

In response to your comments on the application, Ecology has revised

portions of the application and is resubmitting the program description,

checklist and Memorandum of Agreement. A supplemental statement from

the Attorney General concerning availability of information is also

included. In addition to those program elements described in the August

application, we are seeking final authorization for dangerous wastes

that are also radioactive, i.e., mixed wastes. For ease of processing,

it is my understanding that the enclosed Attorney General's statement

concerning mixed wastes shall be considered as part of the August

application, rather than a separate filing. Appropriate changes to the

program description for mixed wastes have also been incorporated.

Many of EPA's comments on our August 20 application, provided in the

November 5 letter from Ken Feigner to Nancy Ellison, dealt with authorization for the Availability of Information aspects of the federal

program. In response to those comments, we have made numerous changes

to the Memorandum of Agreement, Attorney General's statement and Program

Description. We do not, however, propose to amend state statute or

regulations to address the 20-day response time issue as requested by

EPA.

It is our op~n~on that, EPA headquarters guidance notwithstanding, such

procedural requirements are best addressed through the Memorandum of

Agreement. We would like you to consider this approach, rather than

deny authorization, because of the onerous burden that would be imposed

by requiring changes in state statutes or regulations.
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Mr. Robie Russell

March 25, 1987

Page 2

If you or your staff have any questions or require additional information, please contact Tom Eaton, Acting Program Manager, Solid and

Hazardous Waste Program, telephone (206) 459-6316. Thank you for your

attention to this matter.

Sincerely,

f~ Andrea Beatty R

r _Director

ABR:ra

Enclosures

cc: Thomas Eaton

Ross Potter
• WASHINGTON STATE HAZARDOUS WASTE

PROGRAM DESCRIPTION

ADDENDUM 1

July 31, 1986

INTRODUCTION

in the Final

Unless otherwise

Description is not

This is an addendum to the Program Description included

Authorization granted to Washington on January 31, 1986.

specified below, the information in the existing Program

changed, and is only supplemented by this addendum.

This addendum provides additional Program Description information for the

following program elements:

1. Definition of solid wastes.

2. Additional hazardous waste listings.

3. Mixtures of listed solvents.

4. Paint filter test .

• 5. Interim status standards.

6. Availability of information to the public.

SCOPE, COVERAGE, STRUCTURE AND PROCESSES

1) Section II.B.1. of the Program Description is -~pplemented as follows:

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., state standards are more stringent in some

ways). Ecology's requirements assure than any materials EPA considers

to be solid wastes will be controlled as solid wastes by the state.

•

Ecology has continued to amend its lists of hazardous wastes to

include new federal listings. The most recent listings include the

dioxin wastes (F020, F021, F022, F023, F026, F027, and F028), wastes

from the production of dinitrotoluene and toluenediamine (KIll, Kl12,

Kl13, K1l4, and K1l5), wastes from the production of toluene

diisocyanate (Kl16), and discarded chemical products of o-Toluidine

(U328) and p-Toluidine (U353). These listings include related

additions to the Dangerous Waste Constituents List. In designating

these additional wastes. Ecology has assured that the federal quantity

exclusion limits associated with acutely hazardous wastes (1 kilogram)

have been identified in the regulations wherever required.
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2)

3)

EPA's recent rules on mixtures of solvent wastes (the ten percent

rule) has already been addressed in state regulations, which are more

stringent and do not set a threshold on concentration. Any amount of

any of the listed solvents (FOOl through FOOS) in the listed waste

source designates the waste as hazardous under Ecology's regulations.

Section II.B.4. of the Program Description is supplemented as follows:

Interim status standards for TSD facilities are cited in WAC

173-303-400, and are an adoption by reference of EPA's 40 CFR Part 26S

Subparts F through R. EPA has recently amended these standards, and

Ecology has assured that the state's reference is current by updating

WAC 173-303-045. This section provides that any EPA regulations that

are adopted by reference in Chapter 173-303 WAC will reflect federal

rules in place on June 3, 1986. Thus, recent EPA changes to the

interim status TSD facility requirements have been included in Chapter

173-303 WAC.

Section II.B.5. of the Program Description is supplemented as follows:

New EPA standards for recycling hazardous wastes are included in

Ecology's regulations, including recycling constituting disposal,

precious metals recovery, 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. Less stringent standards are applied to state-only

wastes when they are stored for short time periods prior to recycling.

Ecology has adopted EPA's paint filter test for the presence of free

liquids by reference (Method 9095 from SW-846), thus assuring that

this test procedure is identical for the state.

Availability of Information to the Public

Ecology has provisions in state law for disclosing information to the

public. Ecology's attorneys have certified in the Attorney Generals

Statement that information is available to the public in a manner

equivalent to the provisions of 40 CFR Part 2. Although neither state

laws nor regulations specify how quickly Ecology must respond to

requests for information (only that responses must be "timely"),

Ecology will provide responses in no more than twenty days, 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 vg , , regulations, policy statements, pamphlets,

annual report summaries, press releases, etc.). 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.

Subject to certain exemptions (see the Attorney Generals Statement),

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

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costs are involved and Ecology staff must do the copying, then a fee

may be charged. If the person requesting the information performs the

copying, then no fee is 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, etc.), 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 significant benefit to the public at large.

Ecology can deny requests for information (see Attorney Generals

Statement). Denials will include statements of applicable appeal procedures and statutes of limitations. If a disclosure request is

denied because a claim of business confidentiality could not be

resolved within the twenty day response period specified in Addendum

of the Memorandum of Agreement, 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.

STATE AGENCY RESPONSIBILITIES

The lead agency identification and agency responsibilities described in

Section II.C. of the Program Description are unchanged.

RESOURCES

The resource and budget levels described in Section II.C. of the Program

Description remain unchanged. The relationship between Programs and

Operations remains unchanged. The organizational structure of the agency

has changed significantly due to recent agency reorganization efforts and

personnel changes. Figures 1 through 6 of the Program Description are now

deleted and replaced with the new Figures 1 through 4, attached to this

addendum. As a result of this reorganization, Section ILC.l. must be

amended. The following discussion replaces the four paragraphs in the

original Program Description:

The Department of Ecology is the state agency mandated by the

Legislature to adm:'nister the federally approved RCRA program. As

shown in Figure 1, Ecology is essentially organized along functional

lines with the Office of Operations and Enforcement set up to act as

the operating arm of the agency. Each program functions under an

appointed Program Manager who reports to the deputy directors and the

director of the department. There are also several exceptional

program responsibilities which for management reasons report directly

to the director. For purposes of the Dangerous/Hazardous Waste

Program within Ecology there are two organizational groups which have

program responsibilities. These are the Solid and Hazardous Waste

Program and the Office of Operations and Enforcement.

The Solid and Hazardous Waste Program has authority and primary

responsibility for program planning, development, and management of

the state dangerous/hazardous waste programs (Figure 2). This group

is responsible for establishing all program guidance and policy as

well as regulations. This group also provides technical assistance to

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inspectors and permit writers in the Regional Offices and Industrial

Section as well as coordinating permit and compliance monitoring

activities and ensuring statewide consistency in the application of

the regulations. Most public involvement aspects of the program are

carried out in this office. Any necessary tracking and reporting

functions, including the annual report, are also the responsibility of

this group.

The Office of Operations and Enforcement has the authority and responsibility for all operational aspects of the Dangerous/Hazardous Waste

Program (Figure 3). The office includes four geographical regions of

the state with an officer and staff located in each region. The

regions cover southwest Washington, northwest Washington, central

Washington, and eastern Washington (Figure 4). Each Regional Office

has a designated hazardous waste group. This group is responsible for

carrying out compliance inspections and permit writing. They are the

primary agency contact with all generators, transporters, and TSD

facilities. They also implement the agency enforcement policy by

documenting and making recommendations for enforcement actions to

their Regional Manager who has signatory authority for all enforcement

actions within their jurisdiction. This group maintains a close

working relationship with the Solid and Hazardous Waste Program. They

use the guidance and policy provided by this program and are responsible for completing the work plan commitments negotiated by the Solid

and Hazardous Waste Program .

A separate group within the Office of Operations and Enforcement,

Technical Services Program, operates like a fifth region with their

special area of responsibility being specific major industries (e.g.,

pulp and paper, oil refining, and primary metals). This group is the

Industrial Section (Figure 3), and it implements the Dangerous/

Hazardous Waste Program in essentially the same manner as the regional

offices, with the Program Manager performing essentially the same role

as the Regional Managers.

STATE PROCEDURES

Amendments and clarifications in Chapter 173-303 WAC require some minor

changes to paragraph two of Section III.B. This paragraph is modified to

read as follows:

Ecology also allows existing facilities which are not currently

regulated to qualify for interim status 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 270.10 (e) (l) (i)) . Facilities may newly qualify for state-only

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. Thus, facilities that only

qualify for state interim status and not federal interim status may

not accept or manage RCRA regulated hazardous wastes. These facilities are authorized to manage state-only wastes, and could qualify

for RCRA interim status under Section 3005 if EPA amends their rules

in the future.

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COMPLIANCE TRACKING AND ENFORCEMENT

No changes.

ESTIMATED REGULATED ACTIVITIES

The size of the regulated community is likely to increase as a result of

the solid waste definition amendments. It is not possible to estimate the

number of affected individuals, however the information on level of

increase will become available as the annual reports for 1986, described

under Section V.B. and C., are received and tabulated. This information

will be available to the public and will be provided to EPA.

FORMS

The forms provided in Section V. of the existing Program Description are

current. Included as an attachment to this addendum is a copy of the

additional Uniform Manifest information required by Ecology. This is

prOVided as a supplement to Section V.

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DIRECTOR

Andrea Heattv Riniker

4596W8

APRIL 1986

J~(~L-U;~~~I~,..~/----J A"d,ea }l~allY Ai,,,ke!Director

ORGANIZATION CHART

,...--_...- -- _.~ -----'-

LEGISLATlVE

LIAISON

Boo Nichols

459-6006

,.----. i

MANAGEMENT AND

SUPPORT SERVICES

I I I Steve Hunter

Assistant Director

4591>012

PUBLIC INFORMATION

OFFICE

Vacant

459·6145

r---- r

LEGAL SERVICES

Jetl Goltz

Asst. At toi nev Gener al

459-6160

s.<It< •<)t

W lsllil ~1< )f 1

1)(1)( unHcnt (~ I i ok >g\'

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ECOLOGICAL

COMMISSION

Janet Chalupnik , Chai,

459-6170

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.--- I

NUCLEAR WASTE BOARD

NUCLEAR WASTE

ADVISORY COUNCIL

Willlen Bisllop, Chair

45!l 6{j70

DEPUTY DIRECTOR

PROGRAMS

Plril Johnson

459-6170

SOUTHWEST REGION

Clark Haberman

Regional Manager

753·2707

DEPUTY DIRECTOR

OPERATIONS & ENFORCEMENT

Marc Hurton

459·6053

--- I

CENTRAL OPERATIONS

Greg Sorlie

Program Manager

I 459-6037

,-- .. ••J • ----,

NUCLEAR WASTE

MANAGEMENT

Tell y Husscrnan

Assistant Director

4596610

SHORElANOS & COASTAl

ZONE MGM'T. PROGRAM

Rod Mack

Program Manager

459-6777

,----- - ---

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AIR PROGRAM

Nancy Ellison

Prouram Manager

459-6256

SOLID & HAZARDOUS

WASTE PROGRAM

Earl Tower

Proqram Manager

459·6316

WATER QUALITY

PROGRAM

Carol Jolly

Program Manager

459·6143

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TECHNICAL SERVICES

Dick Cunningham

Program Manager

586·1826

CENTRAL REGION

Russ Taylor

Regional Manager

509· 575- 2800/Scan 558· 2800

HAZARDOUS WASTE

CLEANUP PROGRAM

John l. it tler

Proqr alii MillliI!/cr

4~9·G2li5

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AD.JUDICATlON

PROGRAM

Dave Akana

459-6500

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Joan Thomas

Regional Manayer

8fJ5·1900/SCiln 731-1111

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Juhn Arnquist

Heqional Manaycr

509-456·2926/Scan 545-2926

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Gene WiJllilce

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Finure 1

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• 'SECTlCS C~IEFS

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Office of Operations and Enforcement

I

Technical Services Northwert Region

<:

Industrial Section

Dick Burkhalter

(Section Head)

Roger Stanley

David Davies

Vacant

•

EQ Supervisor

(Stew Missman)

Hazardous Waste

John Conroy

(Supervisor)

Julie Sellick

Lawrence Ashley

Guy Bruno

Vacant

SouthW"ft Region

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Howard Steeley

(Supervisor)

Kay Seiler

Steve Rohb

Toby Michelena

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Judy Belcher

Figure 3

•

centra] Region

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I

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(Supervisor)

Vacant

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EQ Supervisor

(ClaUdj Sappington)

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IJim MaIm

(Supervisor)

Deborah Cornet

Sherman Spencer

•
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•

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DEPARTMENT OF ECOLOGY

REGIONAL INDEX

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