REVISION ATTORNEY GENERAL'S STATEMENT Final Authorization for Changes to theFederal RCRAProgram FromJanuary 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 ofthe State ofWashington 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) ofJune 1984, September 1987, December 1993, October 1995, and April 1998.

. 

# • 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 ofJune 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 ofJune 30, 1994 (82, 91, 92, 101, and 120); and Revision Checklists 14 and 60. Revision Checklists 14 and 60 are submitted for reauthorization ofprovisions 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. 

# • (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 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 ofthe 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 incorporatedby 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 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 ofthe 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 oftwo 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 

# • 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],
2

# • 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 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 ofthe 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. 

# • (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 ofone 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 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 ofthe 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 

# • 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, 3•



# •

• 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 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 ofthe 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 incorporatedby 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 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 WasteRegulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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.

4

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

# • Remarks ofthe 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 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(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 attached Revision Checklist 115). The State analog to 40 CFR Appendix VII ofPart 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. 

# • 5

# •

•

• (26) Exception to listing ofF032 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 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.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 ofthe 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 ofhazardous 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 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(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 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 Checklist49.

6

# I.

•

• Federal Authority: RCRA 3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988 (53 FR 27290). 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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 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 ofthe 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 ofregulations 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).

7

# •

•

• 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe Attorney General The State analogs are equivalentto 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 ofgeneration 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 ofthe Attorney General The State analogs are equivalent to the Federal requirements (See Revision Checklist 81). The State analog to Appendix VII ofPart 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 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.l05D.030(l)(d), November 12, 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 82 and 92).

8

# • R State statutes and regulations allow deletion ofcertain 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe 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). 

# • 9

# •

•

• 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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 ofK061 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 ofLaws and Regulations; Date ofAdoption andEffective Date Hazardous WasteManagement 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 analogs are equivalent to the Federal requirements (See attached Revision Checklist 95).
AA. State statutes and regulations do not require the use ofthe spike recovery correction as part ofthe 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 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(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 attached Revision Checklist 119). The State has incorporated the Federal provisionby reference .

10•



# •

• DD. State statutes and regulations increase the quantity and time limits for contaminated media used intreatability 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 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 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 129).
II. DEFINITION OF SOLIDWASTE


## 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 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 - 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 DIOXINWASTES 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 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
11

# •

•

• 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 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 FILTERTEST A. State statutes and regulations require the use ofa 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 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 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 17F).


### VII. NATIONAL UNIFORM MANIFEST SYSTEMAND 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 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 ofthe Attorney General The State analogs are equivalent to the Federal requirements (See attached Revision Checklist 32). The State has incorporatedthe Appendix to Part 262 and Form 8700-22 by reference .

12

# •

•

• B. State statutes and regulations require that generators, ofbetween 100 and 1000 kg/mo of hazardous waste, file an exception report in those instances where the generator does not receive confirmation of delivery ofhis 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11,1998 Remarks ofthe Attorney General Two ofthe 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 ofbetween 100 and 1,000 kg/mo. to follow the same requirements as generators ofgreater than 1,000 kg/mo. The State analogs to 40 CFR 262.44 are more stringent because the State subjects generators ofbetween 100 and 1,000 kg/mo. to the same requirements as generators ofmore than 1,000 kg/mo. The wording ofthe 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 ofwastes. 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 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 13

# • Remarks ofthe 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 ofhazardous 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 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

. . Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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 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(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 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. 

# • 14B. State statutes and regulations prohibitthe disposal, in hazardous waste landfills, ofliquids .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 amendedNovember 18, 1992 (57 FR 54452). 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(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 118). The State analogs to 40 CFR Part 265 are incorporated by reference. 

### XI. GROUND-WATERMONITORING 

# • 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 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(l)(d), November 12, 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 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 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 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 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 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 ofthe 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 Checklist44 C. (1) Hazardous waste injection wells now operating under RCRA interim status may retain interim status after issuance ofa 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 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 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 ofthe 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 ofthe 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 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 Underground Injection Control Chapter 173-218 WAC February**~9,** 1984 Remarks ofthe 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 ofstate-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 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 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 ofthe 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 ofstate-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 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 ofthe 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 FORFACILITIES
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 ofthe 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 ofthe Attorney General The State analogs are equivalent to the Federal requirements (See Revision Checklists 79 and 87). The State analogs to 40CFR 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 oftreated 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 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 ofthe 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 ofthe 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 incorporatedby 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 ofcontainers 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 ofthe 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 ofany release greater than or equal to one pound, or the reportable quantity, whichever is less, while the federal regulation requires reporting only ofreleases 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe 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 ofinsurance 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 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 ofthe 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 incorporatedby 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 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 22

# • ."



# • Remarks ofthe 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 incorporatedby reference. Q. State statutes and regulations require reporting ofthird-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 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(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 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 ofnew drip pads to have either 1) a surface protection system meeting the hydraulic conductivity, material chemical compatibility, and assessment requirements of264.573(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 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(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 120). The State analogs to"40 CFR Part 265 are incorporated by reference. S. State statutes and regulations require owners or operators ofexisting 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.isionChecklist 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 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 ofthe Attorney General The State analogs are equivalent to the Federal requirements (See RevisionChecklist 120). The State analog to 40 CFR Part 265 is incorporated by reference.
T. State statutes and regulations contain requirements for the management ofinfrequent and incidental drippage in storage yards as indicated in Revision Checklist 120. Federal Authority; RCRA 2002(a) and 3001(b)&(e)(1); 40 CFR264.570(c) and 265.440(c) as amended December 24, 1992.(57 FR 61492). 

# • 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 ofthe 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 ofland disposal permits every five years and modification of such permits as necessary to assure compliance with the requirements in Parts 124,260through 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 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,
241997 • 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 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 ofLaws and Regulations; Date ofAdoption 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 ofthe 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 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(l)(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 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 ofthe 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 Checklist44 G. Federal Authority: RCRA 3005(i); 40 CFR 270.1(c) as amended December 1, 1987 (52 FR 45788). 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 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 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Remarks ofthe Attorney General The State analog ofWAC 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 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 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 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 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 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 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 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 27

# • 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 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 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 ofthe 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 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 

# • 28Remarks ofthe 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 ofsuch 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 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 ofthe 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 ofnew 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 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 Dangerous Waste Regulations Chapter 173-303 WAC, February 11, 1998 Administrative Procedure Act RCW 34.05.365, November 10, 1997 Remarks ofthe Attorney General

. The State analogs are equivalent to the Federal requirements (See Revision Checklist 100). The State analogs to 40 CFR Part 265 are incorporatedby reference. 

# • 29

# •

•

• XX. STANDARDS FORTHE MANAGEMENT OFWASTE FUEL AND USED OIL AND FORTHE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES
H. State statutes and regulations exempt certain mercury recovery furnaces from the requirementsof40 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). CitationofLaws 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 ofthe 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 ofthe 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 ofthe land disposal ofcertain 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 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(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 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 ofEcology 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 ofcertain 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 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 ofthe 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" ofthe schedule ofrestricted 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 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 ofthe 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 of40 CFR 31

# •• 

# •

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 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 ofthe 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 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 ofthe 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 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(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 ofLaws and Regulations; Date ofAdoption and Effective Date Hazardous WasteManagement 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 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 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(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 equivalentto the Federal requirements (See Revision Checklist 95). State analogs to 40 CFRPart 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 ofLaws and Regulations; Date ofAdoption and Effective Date Hazardous Waste ManagementAct 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 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(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 incorporatedby 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 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 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 ofrules 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 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 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. 

### 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 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 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.
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 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 ofthe 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 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, 36

# •

•

• 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 124). State analogs to 40 CFR Part 268 are incorporatedby 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 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 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 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 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 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 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). CitationofLaws 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 ofthe 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. STATUTORYREVIEW The State reviewed both ofthe 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 ofthe 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 ofthe 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'sprogram 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 38

# •• :'! 

# • 

# •

• 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'sprogram from these changes.
Use ofShallversus will ormust 

### As part ofthe rule revisions that became effective in November of 1995, the State changed the word "shall" to "will" or "must", as appropriate, as part ofan 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 ofthe 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 ofWashington (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 ofEcology'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 makingthis certification 

### My authority for making this certification can be found at RCW 43.10.060 which authorizes the appointment ofassistants 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 

### SealofOffice '

'9