ANDREA BfA TTY 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


# •

• 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.

# •

•

• 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.

# •

•

• 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



### - 2 -

# •

•

• 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



### - 3 -

# •

•

• 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. 

### - 4 -

# •

•

• 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.



### - 5 -----.-----.". I 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 toinev General 459-6160 

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ECOLOGICAL COMMISSION Janet Chalupnik, Chai, 459-6170 

## r -**-~** 

## __ .--- 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 Telly Husscrnan Assistant Director 4596610 SHORElANOS &COASTAl ZONE MGM'T. PROGRAM Rod Mack Program Manager 459-6777 

# ,----- -

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### __---11 I 

# "I

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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 r-' i 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.ittler Proqralii MillliI!/cr**4~9·G2li5** YAKIMA RIVER AD.JUDICATlON PROGRAM Dave Akana 459-6500 N"Q-R'THWEST REGION • Joan Thomas Regional Manayer 8fJ5·1900/SCiln 731-1111 EASTERN REGION Juhn Arnquist Heqional Manaycr 509-456·2926/Scan 545-2926

WATER RESOURCES PROGRAM Gene WiJllilce P,oy,arn.llliltll1.i1!jer , 459· 

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# • Figure 2 

# • •

### 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

Hazardous Waste Howard Steeley (Supervisor) Kay Seiler Steve Rohb Toby Michelena Mike Swigert Judy Belcher

Figure 3 

# • centra] Region

EQ Supervisor (Clar Pratt) 

# I

Hazardous Waste Dennis Bowhay (Supervisor) Vacant Eastern Region •
EQ Supervisor 

### (ClaUdj Sappington)

Hazardous Waste



# I Jim MaIm (Supervisor) Deborah Cornet Sherman Spencer



# •

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### 8112 

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