REVISION ATTORNEY GENERAL'S STATEMENT
 

Final Authorization for Changes to the Federal
 

RCRA Program From January 1993 through February 1998
 

I hereby certify, pursuant to my authority as an Assistant Attorney General and in accordance 

with Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the 

Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271 that 

in my opinion the laws of the State of Washington provide adequate authority to carry out the 

revised program set forth in the revised "Program Description" submitted by the Washington 

State Department of Ecology. The specific authorities provided are contained in statutes or 

regulations lawfully adopted at the time this Statement is signed and which are in effect now as 

specified below. These authorities and this certification supplement the previously certified 

authorities described in my (or my predecessors) certification(s) of June 1984, September 1987, 

December 1993, October 1995, and April 1998. . 

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The State Department of Ecology is designated as the agency for implementing RCRA and 

adopting rules thereunder, at RCW 70.105.130 and more recently, by RCW 70.105D.030(1)(d). 

The specific authorities to carry out the revised program are contained in the statutes or 

regulations specified below. Ecology is authorized to incorporate Federal regulations by 

reference pursuant to RCW 34.05.365. The cited statutes and regulations were all lawfully 

adopted by January 8, 1998, and are currently in effect. 

The following Revision Checklists are included in this authorization application and are 

incorporated into this Attorney General's Statement: Revision Checklist Numbers 17F, 17H, 171, 

17N, 21, 22, 31, 32, 42, 44C, 44D, 44E, 44F, 44G, 47, 56, 57, 64, 67, 68, 69, 72, 73, 75, 77, 79, 

81, 84, 86, 87, 89, 97, 99, 100, 113, 115, 118, 119, 137; Consolidated Checklist for the Land 

Disposal Restrictions as of June 30, 1994 (34, 39, 50, 62, 63, 66, 78, 83, 95, 102, 103, 106, 109, 

116, 123, and 124); Consolidated Checklist for the Treatability Studies Sample Exemption as of 

June 30, 1994 (49 and 129); Consolidated Checklist for the Wood Preserving Listings as of June 

30, 1994 (82, 91, 92, 101, and 120); and Revision Checklists 14 and 60. Revision Checklists 14 

and 60 are submitted for reauthorization of provisions that were previously authorized as more 

stringent, but were later amended to be equivalent to the federal requirements. 

I. IDENTIFICATION AND LISTING 

A. State statutes and regulations contain lists of hazardous waste which encompass all 

wastes controlled under the following Federal regulations as indicated in the designated Revision 

Checklists: 

(5) EDB wastes, 40 CFR 261.32 and Part 261 Appendices II, III and VIII, as 

amended February 13, 1986 [51 FR 5330}, Revision Checklist 21. 

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(6) Four spent solvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices III, 

VII and VIII as amended February 25, 1986 [51 FR 6541}, Revision Checklist 22. 
• Federal Authority: RCRA §3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC,February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Fe&~ral requirements (See attached Revision Checklists 

21 and 22). The State analogs to 40 CFR Appendix III to Part 261 on Revision Checklists 21 and 

22 are incorporated by reference. 

(11) Generic delisting of iron dextran (CAS No. 9004-66-4), 40 CFR 261.33(f) 

and Part 261 Appendix VIII, as amended October 31, 1988 [53 FR 43878], 

Revision Checklist 56. 

(12) Generic delisting of strontium sulfide (CAS No. 1314-96-1), 40 CFR 

261.33(e) and Part 261 Appendix VIII, as amended October 31, 1988 [53 FR 

43881] and February 25, 1991 [56 FR 7567], Revision Checklists 57 and 86. 

• Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklists 

56, 57, and 86). The State analogs to 40 CFR Appendix III to Part 261 on Revision Checklists 

56 and 57 are incorporated by reference. 

(13) Listing of two wastes (K131 and K132) generated during the production of 

methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as amended 

October 6, 1989 [54 FR 41402], Revision Checklist 68. 

(14) Listing of one generic category (F025) of waste generated during the 

manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed 

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processes and amending F024, 40 CFR 261.31 and 261 Appendix VII; adding one 

toxicant to 261 Appendix VIII; as amended December 11, 1989 [54 FR 50968], 

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Revision Checklist 69. 

(15) Amendments to the F019 hazardous waste listing to exclude wastewater 

treatment sludges from zirconium phosphating in aluminum can washing, when 

such phosphating is an exclusive conversion coating process, 40 CFR 261.31, as 

amended February 14, 1990 [55 FR 5340], Revision Checklist 72. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklists 

68,69, and 72). The State analog to 40 CFR Appendix III to Part 261 on Revision Checklist 68 

and the analogs to 40 CFR Appendix VII to Part 61 on Revision Checklists 68 and 69 are 

incorporated by reference. 

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 (16) Listing of four wastes (K107-K110) generated during the production of 1,
 

l-dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31
 

and Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR 18496],
 

Revision Checklist 75. 

(17) Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as 

amended June 1, 1990 [55 FR 22520] and January 31, 1991 [56 FR 3864], 

Revision Checklists 78 and 83. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached "Revision Checklists 

75, 78, and 83)." The State analogs to 40 CFR Appendix III and Appendix VII to Part 261 on 

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Revision Checklist 75 are incorporated by reference. On Revision Checklist 78, State analogs to 

the following citations are incorporated by reference: 40 CFR 265.229, 265.256, 265.281, 

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265.312(a) & (b); 265.316(f), and all references to Part 268. All State analogs to Part 268 on 

Revision Checklist 83 are incorporated by reference. 

The State does not have analogs to 40 CFR 264.13(a)(2) and 265.13(a)(2). However, the State is 

equivalent to the Federal program since these are both "comments" and do not contain regulatory 

requirements. 

(18) Listing of two wastes (F037 and F038) generated in the separation of 

oil/water/solids from petroleum refinery process wastewaters and oily cooling 

wastewaters, 40 CFR 261.31 and Part 261 Appendix VII, as amended November 

2, 1990 [55 FR 46354] and December 17, 1990 [55 FR 51707], Revision 

Checklist 81. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

81). The State analog to 40 CFR Appendix VII to Part 261 is incorporated by reference. 

(19) Listing of three wastes (F032, F034 and F035) from wood preserving 

operations that use chlorophenolic, creosote and/or inorganic (arsenical and 

chromium) preservatives, 40 CFR 261.31, and 261 Appendices III, VII and VIII, 

as amended December 6, 1990 [55 FR 50450], Revision Checklist 82. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

82). The State analogs to 40 CFR Appendices III and VII to Part 261 are incorporated by 

reference. 

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(21) Redefinition of F037 and F038 listings to exclude 1) sludges from 

non-contact once-through cooling waters from both listings and 2) floats 

generated in aggressive biological treatment units from the F038 listing, 40 CFR 

261.31 as amended May 13,1991 [56 FR 21955], Revision Checklist 89. 

(22) Administrative stay, from June 13, 1991 to December 24, 1992, of F032, 

F034 and F035 listings regarding 1) wastewaters that have not come into contact 

with process contaminants and 2) plants that have previously used chlorophenolic 

formulations, 40 CFR 261.31 as amended June 13, 1991 [56 FR 27332] and 

December 24,1992 [57 FR 61492], Revision Checklists 91 and 120. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

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Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklists 

89,91, and 120). 

(24) Listing of three wastes (KI49, K150, and K151) from the production of 

chlorinated toluenes, 40 CFR 261.32 and Part 261 Appendix VII, as amended 

October 15, 1992 [57 FR 47376], Revision Checklist 115. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

115). The State analog to 40 CFR Appendix VII of Part 261 is incorporated by reference. 

(25) Exceptions to listings ofF032, F034, and F035 for wastewaters that have not 

come into contact with process contaminants, 40 CFR 261.31 as amended 

December 24, 1992 [57 FR 61492], Revision Checklist 120. 

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(26) Exception to listing of F032 for potentially cross-contaminated wastes that 

are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and 

where the generator does not reserve or initiate the use of chlorophenolic 

formulations, 40 CFR 261.31 as amended December 24, 1992 [57 FR 61492], 

Revision Checklist 120. 

Federal Authority: RCRA 3001(b). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

120). The State analogs to 40 CFR Part 265 are incorporated by reference. 

B. State statutes and regulations define hazardous waste so as to control the generation, 

transportation, treatment, storage and disposal of hazardous waste produced by small quantity 

generators of between 100 and 1000 kilograms/month as indicated in Revision Checklist 23 

(which supersedes prior amendments by Revision Checklist 17 A) and Revision Checklist 47 

(providing technical corrections to Checklist 23). State statutes and regulations also require 

smallquantity generators to certify good faith efforts to minimize waste generation and to select 

the best available and affordable treatment, storage or disposal alternatives, 40' CFR Part 262 as 

amended October 1, 1986 [51 FR 35190], Revision Checklist 32 (See Item IX below). 

Federal Authority: RCM 3001(d); 40 CFR Parts 260-263 and 270 as amended March 24, 1986 

(51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR 27162). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12,' 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

32). The State analog to 40 CFR 262.180(1) Appendix is incorporated by reference. 

H. State statutes and regulations exempt (with certain limitations) waste samples used in 

small scale treatability studies from Subtitle C regulation as indicated in Revision Checklist 49. 

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Federal Authority: RCRA 3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988 (53 

FR 27290). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements with the exception of two 

provisions for which the State is more stringent (See attached Revision Checklist 49). The first 

.is the State analog to 261.4(e)(2)(vi) at WAC 173-303-071(3)(r)(ii)(F). The State requires annual 

rather then biennial reports. The second is the State analog to 261.4(f) at WAC 173.-303­

071(3)(s). The State has two additional provisions at -071 (3)(s)(xii) and (xiii) that are not found 

in the Federal rule. The State requires that the date, the words hazardous or dangerous waste, 

and the major risks associated with the waste be marked on each container. The only other 

difference between the State and Federal rule is that the State has an extra provision at ­

071(3)(r)(i)(D). However, (D) is a clarification consistent with the Federal rule (See 

261.4(f)(10)). 

K. State statutes and regulations incorporate 47 new testing methods as approved methods 

for use in meeting the regulatory requirements under Subtitle C of RCRA as indicated in 

Revision Checklists 67 and 73. 

Federal Authority: RCRA 3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261 Appendix 

III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR 8948). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 67 and 

73). The State analogs to Appendix III to Part 261 and 260.11(a) are incorporated by reference. 

N. State statutes and regulations add eight new testing methods to the section of regulations 

that incorporates these methods by reference as indicated in Revision Checklist 79. 

Federal Authority: RCRA 3001, 3004, 3005 and 3006; 40 CFR 260.11(a) as amended June 21, 

1990 (55 FR 25454). 

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Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 79).
 

P. State statutes and regulations include definitions of oil/water/solids and aggressive 

biological treatment units and a statement concerning the point of generation for F037 and F038 

sludges as indicated on Revision Checklist 81. 

Federal Authority: RCRA 3001; 40 CFR 261.31(b) as amended November 2, 1990 (55 FR 

46354) and December 17, 1990 (55 FR 51707). 

Citation ofLaws and Regulations; Date ofAdoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 81). The 

State analog to Appendix VII of Part 261 is incorporated by reference. 

Q. State statutes and regulations exclude from being a solid waste spent wood preserving 

solutions that have been used and are reclaimed and reused for their original intended purpose as 

indicated in Revision Checklists 82 and 92. 

Federal Authority: RCRA 3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55 FR 

50450) and July 1, 1991 (56 FR 30192). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.l05D.030(l)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 82 and 

92). 

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R State statutes and regulations allow deletion of certain hazardous waste codes following 

equipment cleaning and replacement, provided that the requirements of 261.35 are met, as 

indicated in Revision Checklists 82 and 92. 

Federal Authority: RCRA 3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR 50450) 

and July 1, 1991 (56 FR 30192). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management ACt RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklists 

82 and 92). 

s. State statutes and regulations which exclude from being hazardous used 

chlorofluorocarbon (CFC) refrigerants from totally enclosed transfer equipment (including 

mobile air conditioning systems, mobile refrigeration, and commercial and industrial air 

conditioning and refrigeration systems) that use chlorofluorocarbons as the heat transfer fluid in 

the refrigeration cycle, provided the refrigerant is reclaimed for further use as indicated in 

Revision Checklist 84. 

Federal Authority: RCRA 3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 (56 FR
 

5910).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998
 

Remarks of the Attorney General
 

The State analog is more stringent than the Federal requirement (See Revision Checklist 84).
 

The State analog is more stringent in that it contains generator record keeping requirements at
 

WAC 173-303-506(2) and facility requirements at WAC 173-303-506(3).
 

v. State statutes and regulations which exclude from being a hazardous waste certain non- . 

wastewater residues resulting from high temperature metals recovery of K061 provided the 

conditions in 261.3(c)(2)(ii)(C) are met as indicated in Revision Checklist 95. 

Federal Authority: RCRA 3001, 3004(d)-(k) and (m); 40 CFR 261.3(c)(2)(ii)(C) as amended 

August 19, 1991 (56 FR 41164). 

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Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

95. 

W. State statutes and regulations which exclude from being a solid waste, non-wastewater 

splash condenser dross residue from the treatment of K061 in high temperature metals recovery 

units provided the requirements of261.4(a)(11) are met as indicated in Revision Checklist 95. 

Federal Authority: RCRA 3001, 3004(d)-(k) and (m); 40 CFR 261.4(a)(11) as amended August 

19, 1991 (56 FR 41164). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

95). 

AA. State statutes and regulations do not require the use of the spike recovery correction as 

part of the Toxicity Characteristic Leaching Procedure as indicated in Revision Checklist 119. 

Federal Authority: RCRA 1006, 2002, 3001, 3002 and 3006; 40 CFR 261, Appendix II, as 

amended November 24, 1992 (57 FR 55114) and February 2, 1993 (58 FR 6854). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 'WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

119). The State has incorporated the Federal provision by reference . 

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DD. State statutes and regulations increase the quantity and time limits for contaminated media
 

used in treatability studies, as indicated in Revision Checklist 129.
 

Federal Authority: RCRA §3001; 40 CFR 261.4(e)(2)(i)&(ii), (e)(3), (f)(3), (f)(4), and (f)(5) as
 

amended February 18,1994 (59 FR 8362).
 

Citation of Laws and Regulations; Date of Enactment and Adoption
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 129).
 

II. DEFINITION OF SOLID WASTE 

c. State statutes and regulations allow secondary materials that are recycled back into the 

secondary production process from which they were generated to be excluded from the definition of 

solid as per 261.2(e)(1)(iii) and indicated in Revision Checklist 137. 

Federal Authority: RCRA §§3001 arid 3004; 40 CFR 260.30, 260.30(b), 260.31(a)&(b), 260.32,
 

260.33, 260.33(a)&(b), and 261.2(e)(1)(iii) as amended September 19, 1994 (59 FR 47982).
 

Citation of Laws and Regulations; Date of Enactment and Adoption
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997 -


Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks ofthe Attorney General
 

The State analog is equivalent to the Federal requirement (See Revision Checklist 137).
 

III. MANAGEMENT OF DIOXIN WASTES 

A. State statutes and regulations contain the following requirements regarding dioxin wastes 

as indicated in Revision Checklist 14: 

Federal Authority: RCRA 3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as amended 

January 14, 1985 (50 FR 1978). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

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Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 14). The 

State analog to 40 CFR 261.7(b)(1) was previously authorized as more stringent, but was 

amended and is now equivalent to the Federal requirement. 

VI. PAINT FILTER TEST 

A. State statutes and regulations require the use of a paint filter test to determine the absence 

or presence of free liquids in either a containerized or bulk waste as indicated in Revision 

Checklist 17 F. 

Federal Authority: RCRA 3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as amended July
 

15, 1985 (50 FR 28702).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 17F).
 

VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPING 

A. State statutes and regulations require generators to use the national uniform manifest as 

indicated in Revision Checklist 32. 

Federal Authority: RCRA 2002,3002 and 3003; 40 CFR Parts 260 and 262 as amended October 

1, 1986 (51 FR 35190). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

32). The State has incorporated the Appendix to Part 262 and Form 8700-22 by reference . 

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B. State statutes and regulations require that generators, of between 100 and 1000 kg/mo of 

hazardous waste, file an exception report in those instances where the generator does not receive 

confirmation of delivery of his hazardous waste to the designated facility as indicated in Revision 

Checklist 42. . 

Federal Authority: RCRA 3001(d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as amended 

September 23, 1987 (52 FR 35894). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Remarks of the Attorney General 

Two of the State analogs are equivalent to the Federal requirements and three are more stringent 

(See Revision Checklist 42). The State analog to 40 CFR 262.42(b) is more stringent than the 

Federal requirement because the State requires generators of between 100 and 1,000 kg/mo. to 

follow the same requirements as generators of greater than 1,000 kg/mo. The State analogs to 40 

CFR 262.44 are more stringent because the State subjects generators of between 100 and 1,000 

kg/mo. to the same requirements as generators of more than 1,000 kg/mo. The wording of the 

State rule differs slightly than the Federalwording, The difference in wording does not alter the 

meaning from the Federal requirement. 

The State is also more stringent as it has one additional provision at WAC 173-303-220(2)(d). 

The State can require a generator to submit exception reports in less time if the generator 

endangers public health or the environment. 

IX. WASTE MINIMIZATION 

A. State statutes and regulations contain the following requirements regarding waste 

minimization as indicated in Revision Checklists 32 (See Item I B above). 

(1) Generators must submit report and manifest certifications regarding efforts 

taken to minimize the amounts and toxicity of wastes. 

Federal Authority: RCRA 3002(a)(6), (b); 40 CFR 262.41, 264.75 and 265.75 as amended 

October 1, 1986 (51 FR 35190). 

. Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

13 
• Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

32). The State has incorporated the Appendix to Part 262 and Form 8700-22 by reference. 

(2) RCRA permits for the treatment, storage, or disposal of hazardous waste on 

the premises where the waste was generated must contain a certification by the 

permittee regarding efforts taken to minimize the amount and toxicity of the 

generated wastes. 

Federal Authority: RCRA 3005(h); 40 CFR 264.70, 264.73 and 270.300)(2) as amended July 

15, 1985 (50 FR 28702). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,

1997 . . 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 

32). The State has incorporated the Appendix to Part 262 and Form 8700-22 by reference. . 

x. LIQUIDS IN LANDFILLS 

A. State statutes and regulations contain the following requirements regarding liquids in 

landfills as indicated in Revision Checklists 17 F. 

Federal Authority: RCRA 3004(c); 40 CFR 264.314, 265.314 and 270.21(h) as amended July 

15, 1985 (50 FR 28702). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements(See Revision Checklist 17F). The 

State analogs to 40 CFR part 265 are incorporated by reference. There is no State analog to 

270.21(h), however this does not affect stringency since the requirement is obsolete and no 

longer applies. 

• 14 
B. State statutes and regulations prohibit the disposal, in hazardous waste landfills, of liquids 

.that have been sorbed in materials that are biodegradable or that release liquids during routine 

landfill operations, as indicated in Revision Checklist 118. 

Federal Authority: RCRA 3004(c); 40 CFR 260.10,264.13,264.314,264.316,265.13,265.314, 

and 265.316 as amended November 18, 1992 (57 FR 54452). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 118). The 

State analogs to 40 CFR Part 265 are incorporated by reference. 

XI. GROUND-WATER MONITORING 

• 

A. State statutes and regulations provide that the 3004 groundwater monitoring requirements 

applicable to surface impoundments, waste piles, land treatment units and landfills shall apply 

whether or not such units are located above the seasonal high water table, have two liners and a 

leachate collection system or have liners that are periodically inspected, as indicated in Revision 

Checklist 17 I. 

Federal Authority: RCRA 3004(P); 40 CFR 264.222, 264.252, 264.253, and 264.302 as
 

amended July 15,1985 (50 FR 28702).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 171).
 

B. State statutes and regulations may allow variances from the ground-water monitoring 

requirements as provided in 3004(P). However, those variances must be restricted as provided in 

RCRA 3004(P) as indicated in Revision Checklist 17 I. 

Federal Authority: RCRA 3004(P); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR 28702). 

• 15 
•
 

•
 

•
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 171).
 

E. State statutes and regulations allow owners and operators to demonstrate that an alternate 

hydraulically downgradient monitoring well location will meet 40 CFR 265.91(a)(3)(i)-(iii) 

criteria as specified in Revision Checklist 99. 

Federal Authority: RCRA 1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 264.10, and 

264.91(a)(3) as amended December 23, 1991 (56 FR 66365). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 99). The 

State analogs to 40 CFR Part 265 are incorporated by reference. 

XIII. CORRECTIVE ACTION 

E. State statutes and regulations contain the following corrective action requirements for 

injection wells as indicated in Revision Checklist 44 C. 

(1) Hazardous waste injection wells now operating under RCRA interim status 

may retain interim status after issuance of a UIC permit. Until a RCRA permit or 

a RCRA "rider" to a UIC permit, which addresses Section 3004(u) corrective 

action, is issued, the well must comply with applicable interim status requirements 

imposed by 265.430, Parts 144.146 and 147, and any UIC permit requirements. 

Federal Authority: RCRA 3004(u); 40 CFR 144.1(h) as amended December 1, 1987 (~2 FR 

45788). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

16 
•

.'


•
 

•
 

Administrative Procedure Act RCW 34.05.365, November 10,1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Underground Injection Control Chapter 173-218 WAC February 29, 1984 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analog to 40 

270.60(b)(3) which is more stringent (See Revision Checklist 44C). The State analog is more 

stringent because the State waste discharge law Water Pollution Control (chapter 90.48 RCW), 

WAC 173-303-060 Notification and identification numbers must be complied with. The State 

prohibits the disposal of state-only extremely hazardous waste (EHW) in underground injection 

wells. The analog to 40 CFR 144.31(g) is incorporated by reference. 

(2) As part of the UIC permit process, available information regarding operating 

history and condition of the injection well must be submitted as well as any 

available information on known releases from the well or injection zone. 

Federal Authority: RCRA 3004(u); 40 CFR 144.31(g) as amended December 1, 1987 (52 FR 

45788). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 . 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Underground Injection Control Chapter 173-218 WAC February ~9, 1984 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analog to 40 

270.60(b)(3) which is more stringent (See Revision Checklist 44C). The State analog is more 

stringent because the State waste discharge law Water Pollution Control (chapter 90.48 RCW), 

WAC 173-303-060 Notification and identification numbers must be complied with. The State 

prohibits the disposal of state-only extremely hazardous waste (EHW) in underground injection 

wells. The analog to 40 CFR 144.31(g) is incorporated by reference. 

(3) UIC facility owners/operators must submit certain information related to 

corrective action with their UIC applications. 

Federal Authority; RCRA 3004(u); 40 CFR 270.60(b)(3) as amended December 1, 1987 (52 FR 

45788). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

17 
•
 

•
 

•
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Underground Injection Control Chapter 173-218 WAC February 29, 1984 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analog to 40 

270.60(b)(3) which is more stringent (See Revision Checklist 44C). The State analog is more 

stringent because both the State waste discharge law, Water Pollution Control (chapter 90.48 

RCW), and WAC 173-303-060 Notification and identification numbers must be complied with. 

The State prohibits the disposal of state-only extremely hazardous waste (EHW) in underground 

injection wells. The analog to 40 CFR 144.31(g) is incorporated by reference. 

XlV. HAZARDOUS WASTE EXPORTS 

A. State statutes and regulations require generators and transporters of hazardous waste 

destined for export outside the United States to comply with standards equivalent to those as 

indicated in Revision Checklists 31, and 97 (with the latter providing technical corrections to 

Checklist 31). 

Federal Authority: RCRA 3017; 40 CFR 262.50 as amended August 8, 1986 (51 FR 28664) and 

September 4, 1991 (56 FR 45704). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analogs to 262.41(a) 

which is more stringent (See Revision Checklists 31 and 97). The State analog to 40 CFR 

262.41(a) is more stringent because the State requires an annual biennial report. State analogs to 

40 CFR 261.6(a)(3)(i), 262.41(b), 262.50, 262.51, 262.52, 262.53, 262.54, 262.55, 262.56, 

262.57,262.58,263.20, and the Appendix to 40 CFR 262 (Uniform Hazardous Waste Manifest 

and Instructions EPA Forms 8700-22 and 8700-22A) are incorporated by reference. 

xv. STANDARDS FOR FACILITIES 

J. State statutes and regulations allow owners and operators of landfills, surface 

impoundments, or land treatment units, under limited circumstances, to remain open after the 

final receipt of hazardous wastes in order to receive non-hazardous wastes in that unit as 

indicated in Revision Checklist 64. 

Federal Authority: RCRA 1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13, 264.112, 

18 
..
 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analog to 40. CFR 

264.112(d)(2)(i) which is more stringent (See Revision Checklist 64). The State analog is more 

stringent because the State did not remove the phrase "and will continue to take". Keeping the 

phrase requires the owner or operator to continue to take steps to prevent threats to human health 

and the environment. The State analogs to 40 CFR Part 265 are incorporated by reference. 

K. State statutes and regulations require new and existing hazardous waste treatment, storage 

or disposal facilities to control organic air emissions from process vents and equipment leaks as 

indicated in Revision Checklists 79 and 87. 

•
 

Federal Authority: RCRA 1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts 261,
 

264,265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56 FR 19290).
 

Citation ofLaws and Regulations; Date ofAdoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 79 and 

87). The State analogs to 40 CFR 264.1031 through 264.1049, 264.1051· through 264.1079, and 

265 are incorporated by reference. 

L. State statutes and regulations contain design, operating, inspection and closure 

requirements for drip pads and associated tanks, sumps and other devices used to assist in the 

collection of treated wood drippage as indicated in Revision Checklists 82, 92 and 120. 

Federal Authority: RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2), 264.190, 264.570, 

264.571, 264.572, 264.573, 264.574, 264.575, 265.190, 265.440, 265.441, 265.442, 265.443, 

265.444 and 265.445, as amended December 6, 1990 (55 FR 50450), July 1, 1991 (56 FR 

30192), and December 24, 1992 (57 FR 61492). 

• 19 
• 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for two analogs that are more 

stringent; the State does not yet have an analog for one cross citation (See· Revision Checklists 

82, 92, and '120). Some of the cross citations are worded differently in the State regulations than 

in the Federalrules, They have been determined to be equivalent in a prevision authorization 

revision application (See Revision Checklist 28). The State analogs to 40 CFR Part 265 are 

incorporated by reference. 

The State analog to 40 CFR 262.34(a)(1)(i) is more stringent because of the following cross 

citations: 

• 

1) At WAC 173-303-640(2), analog to 40 CFR 265.171, the State requires that 

the owner or operator also address leaks and spills in accordance with WAC 

173-303-145 (Spills and discharges into the environment) and 173-303-360 

(Emergencies); 

2)	 At WAC 173-303-640(3), the State requires the owner or operator to label 

containers to identify the major risks associated with the contents of the 

container (there is no Federal analog); 

3)	 The State specifies at WAC 173-303-640(5), analog to 265.173, a minimum 

aisle space between containers and that a row of containers must be no wider 

than 2 drums; . 

4)	 The State requires at WAC 173-303-640(6), analog to 265.174, that an 

inspection log must be maintained; 

5)	 The State's wording is different at WAC 173-303-640(8), analog to 265.176, 

however it is equivalent since the State requires that the containers be stored 

in a manner equivalent to the Uniform Fire Code; 

6) The State has an extra paragraph, WAC 173-303-640(10), for closure; and 

7) The State may also require secondary containment as specified at WAC 173­

303-640(7). 

The State does not have an analog for the cross cite to 40 CFR 265.178, Air emission standards, 

because it is a newer federal requirement that the State has not yet adopted. This does not affect 

stringency since this cross cite did not exist at the time the time the Wood Preserving rules were 

promulgated, and the State is not seeking authorization for the Subpart CC air emission standards 

at this time. EPA is implementing 40 CFR 265 subpart CC in Washington until the State adopts 

it. 

• The State analog is more stringent than the Federal requirement at 40 CFR 262.34(a)(1)(ii) 

20 
• 

because of the following cross citations: 

1) WAC 173-303-640(2)(e) does not have a Federal analog. The State provision 

is for scheduling integrity assessments. 

2)	 WAC 173-303-640(3)(b) does not have a Federal analog. The State provision 

is for scheduling integrity assessments. 

3)	 WAC 173-303-640(5)(d) and (e) are extra requirements in the State rule. 

WAC 173-303-640(5)(d) requires the operator to label tanks to identify the 

waste contained in the tank. WAC 173-303-640(5)(e) requires all tank 

systems that hold dangerous wastes that are acutely or chronically toxic by 

inhalation to be designed to .prevent the escape of vapors, fumes or other 

emissions into the air. 

4)	 WAC 173-303-640(7)(d) is more stringent than the Federal analog, 

265.196(d). At (7)(d)(i) the State requires reporting of any release greater than 

or equal to one pound, or the reportable quantity, whichever is less, while the 

federal regulation requires reporting only of releases that equal or exceed one 

pound. 

• 

5) WAC 173-303-640(9)(b) is more stringent than the Federal analog at 

265.198(b). The State requires that tanks be located in a manner equivalent 

either to the National Fire Protection Association's buffer zone requirements 

(the Federal requirement) or as required by State and local fire codes, 

whichever is more stringent. The State is also more stringent in that the State 

rules require yearly inspections. 

M. State statutes and regulations contain an administrative stay, from June 13, 1991 to 

December 24, 1992, for the requirement that new drip pads be impermeable as indicated in 

Revision Checklists 91 and 120. 

Federal Authority: 5 U.S.C. 705; RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR 264.572(a)(4) and 

265.443(a)(4) as amended June 13, 1991 (56 FR 27332) and December 24, 1992 (57 FR 61492). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State is equivalent to the Federal rule (See Revision Checklists 91 and 120). There is no 

analog since the administrative stay was removed. 

N. State statutes arid regulations contain an administrative stay, until October 30, 1992, for 

the requirement that existing drip pads be impermeable as indicated in Revision Checklist 101. 

• 

Federal Authority: 5 U.S.C. 705; RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR 264.573(a)(4), 

21 
•• 

•
 

•
 

and 265.443(a)(4) as amended February 18, 1992 (57 FR 5859). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State is equivalent to the Federal rule (See Revision Checklists 101). There is no analog 

since the administrative stay was removed. 

O. State statutes and regulations allow the use of additional financial instruments (letter of 

credit, a surety bond, a guarantee, trust fund, and purchase of insurance by other firms) to meet 

the liability coverage requirements as specified in Revision Checklist 113. 

Federal Authority: RCRA 2002(a), 3004 and 3005; 40 CFR 264.141, 264.147, 264.151, 

265.141,265.147 and 265.151 as amended September 1, 1988 (53 FR 33938), July 1, 1991 (56 

FR 30200), and September 16, 1992 (57 FR 42832). 

Citation ofLaws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 113). State 

analogs to 40 CFR 264.141(h), 264.147, 264.157, and Part 265 are incorporated by reference. 

P. State statutes and regulations include conforming changes to 264. 147(f)(6) and 

265.147(f)(6) to expand the instruments available to owners and operators that no longer meet 

the requirements of the financial test for liability coverage as indicated in Revision Checklist 

113. 

Federal Authority: RCRA 3004; 40 CFR 264.147(f)(6) and 265.147(f)(6) as amended September 

16, 1992 (57 FR 42832). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

22 
•

." 

•
 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 113). State 

analogs to 40 CFR 264.147(£)(6) and 265 are incorporated by reference. 

Q. State statutes and regulations require reporting of third-party claims against an owner's or 

operator's liability coverage as indicated by Revision Checklist 113. 

Federal Authority: RCRA 2002(a), 3004 and 3005; 40 CFR 264.147(a)(7)&(b)(7) and 

265.147(a)(7)&(b)(7) as amended September 1, 1988 (53 FR 33938) and September 16, 1992 (57 

FR42832) 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 113). State 

analogs to 264.147(a)(7) and (b)(7) and Part 265 are incorporated by reference. 

R. State statutes and regulations require owners or operators of new drip pads to have either 

1) a surface protection system meeting the hydraulic conductivity, material chemical 

compatibility, and assessment requirements of 264.573(a)(4) or 265.443(a)(4), or 2) a liner and 

leak detection system below the pad as well as a leak collection system as specified in Revision 

Checklist 120. 

Federal Authority: RCRA 2002(a) and 3001(b)&(e)(l); 40 CFR 264.572, 265.573, 265.442 and 

265.443 as amended December 24, 1992 (57 FR 61492). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d);November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 120). The 

State analogs to" 40 CFR Part 265 are incorporated by reference. 

S. State statutes and regulations require owners or operators of existing drip pads to meet the 

hydraulic conductivity, material chemical compatibility, and assessment requirements of 

23 
.'
 

•
 

264.573(a)(4) or 265.443(a)(4), as specified in Rev.ision Checklist 120.
 

Federal Authority: RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR 264.571,264.573,265.441 and . 

265.443 as amended December 24, 1992 (57 FR 61492). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 120). The 

State analog to 40 CFR Part 265 is incorporated by reference. 

T. State statutes and regulations contain requirements for the management of infrequent and 

incidental drippage in storage yards as indicated in Revision Checklist 120. 

Federal Authority; RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR 264.570(c) and 265.440(c) as 

amended December 24, 1992.(57 FR 61492). 

•
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 .
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 120). The 

State analogs to 40 CFR Part 265 are incorporated by reference. 

XVI. REQUIREMENTS FOR PERMITS 

B. State statutes and regulations require review of land disposal permits every five years and 

modification of such permits as necessary to assure compliance with the requirements in Parts 

124,260 through 266, and 270, as indicated in Revision Checklist 17 N. 

Federal Authority: RCRA 3005(c)(3); 40 CFR 270.41(a)(6) and 270.50(d) as amended July 15, 

1985 (50 FR 28702). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

• 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

24 
1997 

• Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 17N).
 

K. State statutes and regulations allow the permit granting agency to initiate modifications to 

a permit without first receiving a request from the permittee, in cases where statutory changes, 

new or amended regulatory standards or judicial decisions affect the basis of the permit as 

indicated in Revision Checklist 44 D. 

Federal Authority: RCRA 3005(c); 40 CFR 270.41(a)(3) as amended December 1, 1987 (52 FR 

45788). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.1'30, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

.1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 44D).
 

L. State statutes and regulations require that permittees must comply with new requirements 

imposed by the land disposal restrictions promulgated under Part 268 even when there are 

contrary permit conditions, as indicated in Revision Checklist 44 E. 

Federal Authority: RCRA 3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52 FR
 

45788).
 

CitationoofLaws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70:105D.030(l)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analog is equivalent to the Federal requirement (See Revision Checklist 44E).
 

M. State statutes and regulations require information from permit applicants concerning 

permit conditions necessary to protect human health and the environment as indicated in 

Revision Checklist 44 F. 

• 

Federal Authority: RCRA 3005(c); 40 CFR 270.10 as amended December 1, 1987 (52 FR 

45788). 

25 
•
 

•
 

•
 

Citation ofLaws and Regulations; Date ofAdoption ·andEffective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998
 

Remarks of the Attorney General
 

The State analog is equivalent to the Federal requirement (See Revision Checklist 44F).
 

N. State statutes and regulations require post-closure permits for all landfills, surface 

impoundments, waste piles and land treatment units receiving hazardous waste after July 26, 

1982 as indicated in Revision Checklist 44 G. 

Federal Authority: RCRA 3005(i); 40 CFR 270.1(c) as amended December 1, 1987 (52 FR
 

45788).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105~130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 44G).
 

Q. State statutes and regulations make it clear that existing incinerator facilities must either 

conduct a trial burn or submit other information as specified in 270.19(a) or (c) before a permit 

can be issued for that facility as indicated in Revision Checklist 60. 

Federal Authority: RCRA 3005(b); 40 CFR Part 270 as amended January 30, 1989 [54 FR 

4286). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analog of WAC 173-303-807(10) was previously authorized as more stringent than the 

Federal requirement at 40 CFR 270.62(d). The State analog is now equivalent to the Federal 

requirement (See Revision Checklist 60). 

w. State statutes and regulations contain Special Part B information requirements for drip 

26 
•
 

pads as indicated in Revision Checklists 82 and 92.
 

Federal Authority: RCRA 2002(a) and 3001(b)&(e)(I); 40 CFR 270.22 as amended December 6, 

1990 (55 FR 50450) and July 1, 1991 (56 FR 30192). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 82 and 

92). 

Y. State statutes and regulations include specific Part B information requirements for surface 

impoundments, waste piles and landfills regarding liners; leachate collection, detection, and 

removal systems; and the construction quality assurance program requirements as indicated in 

Revision Checklist 100. . 

Federal Authority: RCRA 3004, 3005, 3006 and 3015; 40 CFR 270.4(a), 270.17(b)&(c), 

270.18(c)&(d), and 270.21(b)&(c) as amended January 29, 1992 (57 FR 3462). 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 100).
 

XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS 

A. State statutes and regulations require that new units, expansions, and replacements of 

interim status waste piles meet the requirements for a single liner and leachate collection system 

in regulations applicable to permitted waste piles as indicated in the Revision Checklist 17 H. 

Federal Authority: RCRA 3015(a); 40 CFR 265.2~4 as amended July 15, 1985 (50 FR 28702) . 

.Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

• 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

27 
• 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal Requirements (See Revision Checklist 17H). The 

State analogs to 40 CFR Part 265 are incorporated by reference. 

B. State statutes and regulation require: 

(1) New units, expansions, and replacement units at interim status landfills and 

surface impoundments and landfills and surface impoundments for which Part B 

of the permit application is received by the proper authority after November 8, 

1984, meet the requirements for double liners and leachate collection systems 

applicable to new permitted landfills and surface impoundments in 40 CFR 

264.221 and 264.301 and 265.221 and 265.301 as indicated in Revision 

Checklists 17 H and 77. 

Federal Authority: RCRA 1006, 2002(a), 3004, 3005 and 3015(b); 40 CFR 264.221, 265.221, 

264.301 and 265.301 as amended July 15, 1985 (50 FR 28702) and May 9, 1990 (55 FR 19262). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 17H and 

77). The State analogs to 40 CFR Part 265 are incorporated by reference. 

(2) Facilities which comply in good faith need not retrofit at permit issuance 

unless the liner is leaking as provided in 265.221(e) and 265.301(e) as indicated in 

Revision Checklist 17 H. 

Federal Authority: RCRA 3015(b); 40 CFR 264.221,265.221 and 265.301 as amended July 15, 

1985 (50 FR 28702). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

• 28 
Remarks of the Attorney General 

The State analogs to the Federal requirements are equivalent (See Revision Checklist 17H). The 

State analogs to 40 CFR Part 265 are incorporated by reference. 

(3) Variances from the above requirements are optional. However, the availability 

of such variances is restricted as provided in 264.221(d) and (e), 264.301(d) and 

(e), 265.221(c) and (d), and 265.301(c) and (d) as indicated in Revision Checklist 

ITH. 

Federal Authority: RCRA 3015(b); 40 CFR 264.221,265.221 and 265.301 as amended July 15, 

1985 (50 FR 28702). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

• 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 17H). The 

State analogs to 40 CFR Part 265 are incorporated by reference . 

C. State statutes and regulations require owners and operators of new units, expansions, and 

replacement units at surface impoundments, waste piles, and landfills to meet the monitoring and 

inspection Construction Quality Assurance (CQA) program, double liner, leachate collection and
 

removal systems, leak detection systems, action leakage, response action plan and
 

closure/post-closure care requirements as indicated in Revision Checklist 100.
 

Federal Authority: RCRA 3004, 3005, 3006 and 3015; 40 CFR 264.19, 264.221-264.223,
 

264.226, 264.228, 264.251-264.254, 264.301-264.304, 264.310, 265.19, 265.221-265.223,
 

265.226-265.228, 265.254, 265.255, 265.259, 265.260, 265.301-265.304 and 265.310 as
 

amended January 29, 1992 (57 FR 3462).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Remarks of the Attorney General .
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 100). The
 

State analogs to 40 CFR Part 265 are incorporated by reference. 

• 29 
•
 

•
 

•
 

XX. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL
 

AND USED OIL AND FOR THE BURNING OF THESE MATERIALS IN
 

BOILERS AND INDUSTRIAL FURNACES
 

H. State statutes and regulations exempt certain mercury recovery furnaces from the 

requirements of 40 CFR 266.102 through 266.111, as indicated in Revision Checklist 137. 

Federal Authority: RCRA §§ 2002 and 3004; 40 CFR 266.100(c)(l); 266.100(c)(3); and 

266\Appendix xm as amended September 19, 1994 (59 FR 47982). 

Citation ofLaws and Regulations; Date ofEnactment and Adoption 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State is not seeking authorization for these provisions. The State does not have analogs to 

the Subpart H Part 266 Federal requirements on Checklist 137 since these requirements have not 

been adopted by the State and are not part of the base program (See Revision Checklist 137). 

EPA is implementing BIF requirements in Washington State. 

XXI. LAND DISPOSAL RESTRICTIONS 

A. State statutes and regulations provide for the restrictions of the land disposal of certain 

spent solvents and dioxin-containing hazardous wastes as indicated in Revision Checklists 34, 

39, and 50. 

Federal Authority: 3004(d)-(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268 and 

270 as amended on November 7,1986 (51 FR 40572), June 4,1987 (52 FR 21010), July 8,1987 

(52 FR 25760), and August 17, 1988 (53 FR 31138). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements except for the analog to 40 CFR 

261.6(a)(3) which is more stringent (See Revision Checklists 34, 39, and 50). WAC 173-303­

120(2)(a) lists three extra sections that must be complied with- WAC 173-303-050 Department 

of Ecology cleanup authority, -145 Spills and discharges into the environment, and -960 Special 

powers and authorities of the ·department. Some of the introductory wording in the State 

30 
."' 

• 

•
 

•
 

regulations differs from the Federal wording; however, the State analogs are equivalent. The 

State analogs to 40 CFR Part 268 are incorporated by reference. 

B. State statutes and regulations for restricting the disposal of certain California list wastes, 

including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above specified 

concentrations, and hazardous waste containing halogenated organic compounds (HOCs) above 

specified concentrations as indicated in Revision Checklists 39,50, and 66. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270 as
 

amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR 41295), August 17, 1988 (53
 

FR 31138), and September 6, 1989 (54 FR 36967).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 39, 50,
 

and 66). State analogs to 40 CFR Part 268 are incorporated by reference.
 

C. State statutes and regulations for specific treatment standards and effective dates for 

certain wastes from the "First Third" of the schedule of restricted wastes listed in 40 CFR 268.10 

as well as land disposal restrictions for those First Third wastes for which a treatment standard is 

not established as indicated in Revision Checklists 50, 62 and 66. 

Federal Authority: RCRA 3004 (d)-(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as
 

amended on August 17, 1988 (53 FR 31138), February 27, 1989 (54 FR 8264), May 2, 1989 (54
 

FR 18836), September 6, 1989 (54 FR 36967) and June 13, 1990 (55 FR 23935).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12,
 

1997
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998
 

Remarks of the Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 50, 62,
 

and 66). The State analogs to 40 CFR Part 268 are incorporated by reference.
 

D. State statutes and regulations for certain treatment standards and prohibition effective 

dates for certain Second Third wastes and for imposing the "soft hammer" provisions of 40 CFR 

31 
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• 

oJ 

•
 

268.8 on Second Third wastes for which the Agency is not establishing treatment standards as 

indicated in Revision Checklist 63. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23, 1989 (54 

FR 26594). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, -1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 63). The 

State analogs to 40 CFR Part 268 are incorporated by reference. 

E. State statutes and standards for treatment standards and effective dates for certain First 

Third "soft hammer wastes as well as for certain wastes originally contained in the Third Third of 

the Schedule as indicated in Revision Checklist 63. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as amended 

June 23, 1989 (54 FR 26594). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

. The State analogs are equivalent to the Federal requirements (See Revision Checklist 63). The 

State analogs to 40 CFR Part 268 are incorporated by reference. 

F. State statutes and regulations provide specific treatment standards and effective dates for 

the "Third Third" wastes, "soft hammer" First and Second Third wastes, five newly listed wastes, 

four wastes that fall into the F002 and F005 (spent solvent) waste codes, F025, mixed 

radioactive/hazardous wastes, characteristic wastes, and multi-source leachate, as well as 

establish revised treatment standards for petroleum refining hazardous wastes (K048-K052) as 

indicated in Revision Checklists 78, 83 and 102. 

Federal Authority: RCRA 3001 and 3004 (d)-(k) and (m); 40 CFR 261,262,264,265,268, and 

270 as amended June 1, 1990 (55 FR 22520), January 31,1991 (56 FR 3864) and March 6,1992 

(57 FR 8086). 

32 
•
 

•
 

•
 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks ofthe Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 78, 83, and 

102). The State analogs to 40 CFR Part 264.13(a)(2) and 265(13)(a)(2) are equivalent although 

they do not contain the "comment" found in the Federal regulations. The comment is an example 

only, and does not contain any requirements. State analogs to 40 CFR Part 268 are incorporated 

by reference. 

G. State statutes and regulations provide for alternate treatment standards for lab packs 

meeting certain criteria as indicated in Revision Checklists 78 and 83. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a)(7), 

268.7(a)(8), 268.42(c), 268.42(c)(I)-(4), and Part 268 Appendices IV and V, as amended June 1, 

1990 (55 FR 22520) and January 31, 1991, (56 FR 3864). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 78 and 

83). The State analogs to 40 CFR Part 264.13(a)(2) and 265(13)(a)(2) are equivalent although 

they do not contain the "comment" found in the Federal regulations. The comment is an example 

only, and does not contain any requirements. The State analogs to 40 CFR Part 268 are 

incorporated by reference. 

H. State statutes and regulations contain treatment standards under the land disposal 

restrictions program for K061 as indicated in Revision Checklist 95. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended August 

19, 1991 (56 FR 41164). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

. Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

33
 
• 

• 

•
 

•
 

1997
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Dangerous Waste Regulations Chapter 173-303 WAC:, February 11, 1998
 

Remarks ofthe Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 95).
 

State analogs to 40 CFR Part 268 are incorporated by reference.
 

I. State statutes and regulations provide an extension of the land disposal restriction 

effective date for hazardous waste debris until May 8, 1994, as indicated in Revision Checklists 

103, 116, and 123. 

Federal Authority: RCRA 3004(h)(3); 40 CFR 268.35(c)-(e) as amended May 15, 1992 (57 FR
 

20766); October 20, 1992 (57 FR 47772); and May 14,1993 (58 FR 28506).
 

Citation of Laws and Regulations; Date of Adoption and Effective Date
 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998
 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12,
 

1997
 

Administrative Procedure Act RCW 34.05.365, November 10, 1997
 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998
 

Remarks ofthe Attorney General
 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 103, 116,
 

and 123). State analogs to 40 CFR Part 268 are incorporated by reference.
 

J. State statutes and regulations provide an extension of the land disposal restriction 

effective date, until May 8, 1993, for D008 lead-bearing hazardous materials stored before 

secondary smelting, provided the owner/operator meets the requirements specified at 40 CFR 

268.35(k), as indicated in Revision Checklist 10'6. 

Federal Authority: RCRA 3004(h)(3); 40 CFR 268.35(c) and (k) as amended June 26, 1992 (57 

FR 28628). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 

Remarks ofthe Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 106). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

34 
•
 

•
 

•
 

K. State statutes and regulations provide land disposal treatment standards for certain 

hazardous wastes listed after November 8, 1984 as well as treatment standards for debris 

contaminated with listed hazardous wastes or debris that exhibit certain hazardous waste 

characteristics as indicated in Revision Checklist 109. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 261.3(f), 268.2, 268.5, 268.7, 268.14, 

268.36,268.40,268.41,268.42,268.43,268.45,270.13 and 270.14, as amended August 18, 1992 

(57 FR 37194). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks ofthe Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 109). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

L. State statutes and regulations include revisions to existing land disposal restrictions 

including revision of F001-F005 spent solvents treatment standards, conversion of wastewater 

standards for twenty-four"F" and "K" water codes based on scrubber standards; revisions to 

K061, K062 and F006 treatment standards; change of recordkeeping requirements; and 

clarification of rules related to wastes listed because they exhibit a characteristic as indicated in 

Revision Checklist 109. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 261.3(a)&(c), 268.9, 268.41, 268.42, 

268.43 and 268.46, as amended August 18, 1992 (57 FR 37194). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 109). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

M. State statutes and regulations allow storage and treatment in containment buildings as 

indicated in Revision Checklist 109. 

Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 260.10, 262.34, 264.110, 264.111, 

35 
•
 

•
 

•
 

264.112, 264.140, 264.142, 264 Subpart DD, 265.110, 265.111, 265.112, 265.140, 265.142, 

265.221, 265 Subpart DD, 268.50, 270.42 and 270.72, as amended August 18, 1992 (57 FR 

37194). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 109). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

N. State statutes and regulations provide a case-by-case extension ofthe land disposal 

effective date until May 8, 1994 for Third Third hazardous soils whose best demonstrated 

available technology (BDAT) was incineration, retorting or vitrification, as well as for Third 

Third soils contaminated with radioactive mixed waste as indicated in Revision Checklists 116 

and 123. 

Federal Authority: RCRA 3004(h)(3); 40 CFR 268.35(c)-(e) as amended October 20, 1992 (57 

FR 47772) and May 14, 1993 (57 FR 28506). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklists 116 and 

123). State analogs to 40 CFR Part 268 are incorporated by reference. 

o. State statutes and regulations include land disposal restrictions and treatment standards 

for certain ignitable and corrosive"characteristic wastes whose treatment standards were vacated, 

as indicated in Revision Checklist 124. 

Federal Authority: RCRA 3004(d),(e)&(g); 40 CFR 268.37 as amended on May 24, 1993 (58 FR 

29860). 

Citation of Laws and Regulations; Date of Adoption and Effective Date 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

36 
•
 

•
 

•
 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 124). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

Q. State statutes and regulations contain treatment standards for certain newly 

identified organic. toxicity wastes and for newly listed coke product and chlorotoluene 

production wastes as well as dilution prohibitions for high total organic content (TOC) 

ignitable and toxicity characteristic pesticides as indicated in Revision Checklist 137. 

Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268 as amended September 19, 

1994 (59 FR 47982) and January 3, 1995 (60 FR 242). 

Citation of Laws and Regulations; Date of Enactment and Adoption 

Hazardous Waste Management Act RCW 70.105.130, February 23,1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 137). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

R. State statutes and regulations contain modifications to the land disposal restrictions 

which simplify and provide consistency including the Universal Treatment Standards, 

treatment standards from three tables consolidated into one table, reduced information on 

notification forms, and simplified regulations for lab pack treatment as indicated in 

Revision Checklist 137. 

Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268 as amended September 19, 

1994 (59 FR 47982) and January 3, 1995 (60 FR 242). 

Citation of Laws and Regulations; Date of Enactment and Adoption 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(l)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 137). State 

37 
,
 

•
 

:.
 

•
 

analogs to 40 CFR Part 268 are incorporated by reference. 

S. State statutes and regulations require compliance with the requirements in 40 CFR 268 

applicable to users of materials that are used in a manner constituting disposal, as indicated in 

Revision Checklist 137. 

Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 266.23(a), as amended September 19, 

1994 (59 FR 47982). 

Citation ofLaws and Regulations; Date ofEnactment and Adoption 

Hazardous Waste Management Act RCW 70.105.130, February 23, 1998 

Hazardous Waste Cleanup - Model Toxics Control Act RCW 70.105D.030(1)(d), November 12, 

1997 

Administrative Procedure Act RCW 34.05.365, November 10, 1997 

Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 

Remarks of the Attorney General 

The State analogs are equivalent to the Federal requirements (See Revision Checklist 137). State 

analogs to 40 CFR Part 268 are incorporated by reference. 

STATUTORY REVIEW 

The State reviewed both of the Statutory Checklists that were previously submitted to EPA, one 

for the Base Program, the other for the Hazardous and Solid Waste Amendments of 1984. The 

purpose of the review was to determine whether or not the statutory citations are current, and if 

there are any changes, to determine ifthere are any impacts to the State's program from statutory 

changes. All of the State analogs to the Federal citations on the checklists remain correct with 

the following exceptions. 

When the State applied for Base Program authorization, it used Chapters 70.105A RCW 

Hazardous Waste Fees, and 70.105 RCW Hazardous Waste Disposal, as authorities as noted on 

the State Legislation Checklist. Chapter 70.105 RCW was renamed the Hazardous Waste 

Management Act in 1985. In 1989, RCW 70.105D.030(1)(d) replaced 70.105A.060(4) (which 

appeared on the State Legislation Checklist in 1984) as the State's authority to implement 

RCRA, as amended. Chapter 70.105B, Hazardous Waste Cleanup, was also repealed in 1989. 

Chapter 43.17 RCW is changed to read chapter 42.17 RCW.. It was mistyped on the original 

checklist. State citations for four analogs under "Miscellaneous" (2 through 5) that were 

previously left blank are RCW 70.105.130, 70.105.145, and 70.105D.030(1)(d). There is no 

impact to the State's program from these changes. 

The Hazardous and Solid Waste Amendments (HSWA) of 1984 Statutory Checklist was 

prepared by the State in 1985. A necessary addition is the State citation RCW 

70.105D.030(1)(d), which gives the State the authority to implement "RCRA, as amended", 

including all HSWA changes. This addition is necessary for the entire checklist wherever 

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chapter 70.105 RCW is cited and for those analogs for which the State previously noted that it 

would have to seek statutory amendments for necessary authority. The State previously cited 

RCW 70.105.160 or 165 as its authority to implement three HSWA provisions- 3004(b)-(g), 

3004(1), and 3004(q)(2)(A). RCW 70.105.130, .145, and RCW 70.105D.030(l)(d) are the 

correct citations. There is no impact to the State's program from these changes. 

Use of Shall versus will or must 

As part of the rule revisions that became effective in November of 1995, the State changed the 

word "shall" to "will" or "must", as appropriate, as part of an effort to make the State Dangerous 

Waste Regulations easier for the regulated community to read and understand. These word 

changes were made strictly for the ease of reading and do not change the meaning of the 

regulatory requirements or how they are to be interpreted. 

Where "shall" was changed to "will" at WAC 173-303-646(3), the meaning of the requirement 

has not changed from the time ofthe initial authorization ofthe corrective action provisions. . 

House Bill 1010 

As a part of the Regulatory Reform Act of 1995, the Washington State Legislature adopted 

ESHB 10lO, codified at Chapter 43.05 ofthe Revised Code of Washington (RCW). Portions of 

Ch. 43.05 limited Ecology's authority to issue penalties in certain circumstances. See RCW 

43.05.050-.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 

stringentas the federal RCRA program. To ensure that Washington's dangerous waste program 

is as stringent as the federal RCRA program, Ecology determined pursuant to RCW 43.05.901 

that the limitations of Ecology's authority to issue penalties in RCW 43.05.050-.070 would not 

apply to the portions of the 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. Accordingly, Ecology has resolved any issues raised by Ch. 

43.05 RCW concerning this authorization request. 

Authority for making this certification 

My authority for making this certification can be found at RCW 43.10.060 which authorizes the 

appointment of assistants to the Attorney General and provides those assistants with authority to 

perform the same activities the Attorney General is authorized to'perform. 

THOMAS C. MORRILL 

Assistant Attorney General 

Date -,J.5"' -ta 

Seal of Office ' 

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