# Washington State

Department of Ecology

Hazardous Waste and Toxics Reduction Program

Program Description

Ecology Publication No. 10

- 04

- 012

May 2010---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 2---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 3 

### Dangerous Waste Rule Amendments
Effective State Rules as of November 2007 and J uly 200 9

Introduction to the Program Description

The following list of federal rules and a copy of Ecology’s Focus Sheet on the most recently adopted

rule amendments precede the Table of Contents to the Program Description. Most of t he se newly adopted federal hazardous waste rules are addressed in the Program Description. The right

- most column

lists the Part and Section in th e Program Description where that particular rule is discussed. The list of

federal rules is followed by a c opy of Ecology’s Focus sheet that highlights some of these and other state

initiated rule changes.

The Focus Sheet includes two rule amendments that are not part of this authorization revision request

. First, t he K181 Dyes and/or Pigments Production Wa stes rule had a formatting error that prevented it from becoming fully codified; therefore EPA was not able to authorize it. Second, the Satellite

Accumulation rule needs a dditional rule corrections beyond what the 2009 rule revision included

. Specifical ly, the phrase “per waste stream” need s to be removed from both W AC 173

- 303

- 200(2)(b) and (2)(c). Both of these rules will be corrected and included in the ne xt rule development cycle. O nce these rules are revised they will be part of a future authoriza tion revision request.

The entire Program Description was reviewed in 20 10 and show s a new revision date of 5/11/2010

. Sections that did not need to be revised retain an earlier date in the section heading reflecting the last

revision.

In places where t he program description refers to the authorized RCRA hazardous waste program, the

term “h azardous waste program” is used

. Although Ecology’s Hazardous Waste and Toxics Reduction Program is primarily responsible for implement ing the hazardous waste progra m
, the Nuclear Waste Program and Industrial Section (within the Waste 2 Resources Program) also enforce the RCRA hazardous waste program at facilities they visit. Most aspects of t he program description also apply to these two programs

.

Locations of Inf ormation Addressing Significant New Regulations

Revision
Checklist No. Federal Requirement Federal Register

Reference Date Part:Section

203 Hazardous Waste Management

System ; Identification and Listing of Hazardous Waste; Recycled Used Oil Management Sta ndards 68 FR 44659 7/30/03 I:III:F:3

205 National Emission Standards for

Hazardous Air Pollutants: Surface Coating of Automobiles and Light

- Duty Trucks 69 FR 22601 4/26/04 I:III:E:5

207 Hazardous Waste System; Modification of

the Hazardous Waste Manifest 70 FR 10775 4/4/05 I:III:B:3

207.1 Hazardous Waste System; Modification of

the Hazardous Waste Manifest; Correction 70 FR 35034 6/16/05 I:III:B:3---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 4 Revision
Checklist No. Federal Requirement Federal Register

Reference Date Part:Section

209 Hazardous Wa ste Management

System; Modification of the Hazardous Waste Program; Mercury

- containing Equipment 70 FR 45507 8/5/05 I:III:F:1

212 National Emission Standards for

Hazardous Air Pollutants; Final

Standards for Hazardous Waste Combustors (Phase I Final Repla cement Standards and Phase II) 70 FR 59402 9/12/05 I:III:E:5

213 Resource Conservation and Recovery Act

Burden Reduction Initiative 70 FR 16861 4/4/06 I:III:E:4

215 Cathode Ray Tube Rule 71 FR 42928 7/28/06 I:III:F:5

214 Hazardous Waste and Used Oil;

Co rrections to Errors in the Code of Federal Regulations 70 FR 40253 7/14/06 I:II:D

217 Standards for Hazardous Air Pollutants for

Hazardous Waste Combustors:

Amendments 73 FR 18970 4/8/08 I:III:E:5---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 5---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 6---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 7---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 8---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 9 

# Table of Contents

(most recent changes/corrections to Program Description: 05/11/10)

PART I

. Regulatory Rules and Procedures

................................ ................................ ......... 13

I. Introduction

................................ ................................ ................................ ................................ ...................... 13

A. Sco pe

................................ ................................ ................................ ................................ ................................ ........... 13

B. Coverage

................................ ................................ ................................ ................................ ................................ ...... 13

C. Summary of Program Goals and Regulatory Implementation

................................ ................................ ..................... 13

D. Puyallup Reservation Non

- trust Lands Within the 1873 Survey Area

................................ ................................ ........ 14

II. Regulatory Summary and History

................................ ................................ ................................ .................. 15

A. History Leading to Base Program Authorization

................................ ................................ ................................ ........ 15

B. General Outline of Washingto n's Base Authorized Program

................................ ................................ ...................... 15

1. Designation Summary

................................ ................................ ................................ ................................ .......... 16

2. Waste Tracking Summary

................................ ................................ ................................ ................................ .... 16

3. EHW (extremely hazardous waste) and TSD (treatment, storage, and disposal) Facilities

................................ . 16

4. Regulatory Reform Project

................................ ................................ ................................ ................................ ... 17

C. HSWA (Hazardous and Solid Waste Amendments)

................................ ................................ ................................ .. 17

1. General Pr ovisions

................................ ................................ ................................ ................................ ............... 17

2. HSWA Corrective Action Summary

................................ ................................ ................................ .................... 18

D. Routine Updating for Federal Consistency

................................ ................................ ................................ .................. 18

III. Detailed Outline of Washington State Dangerous Waste Regulations

................................ ...................... 19

A. Waste Designation Regulations

................................ ................................ ................................ ................................ ... 19

1. Designation Lists

................................ ................................ ................................ ................................ .................. 19

2. Designation Characteristics

................................ ................................ ................................ ................................ .. 20

3. State Criter ia

................................ ................................ ................................ ................................ ......................... 23

a. When to Designate for Criteria

................................ ................................ ................................ ..................... 23
b. How to Designate for Criteria

................................ ................................ ................................ ....................... 23

4. Special Wastes

................................ ................................ ................................ ................................ ...................... 23

5. Mixed Wastes

................................ ................................ ................................ ................................ ....................... 24

6. Exempting and Excluding Wastes

................................ ................................ ................................ ........................ 24

7. Waste Designation Federal Equivalency and Routine Updating

................................ ................................ .......... 24

B. Regulations Pertaining to Generators

................................ ................................ ................................ .......................... 24

1. General Summa ry

................................ ................................ ................................ ................................ ................. 24

2. Accumulation of Hazardous Wastes for Short Periods

................................ ................................ ........................ 24

3. Manifests

................................ ................................ ................................ ................................ .............................. 25

4. Annual Reporting and Record Keeping

................................ ................................ ................................ ................ 25

5. Land Disposal Restrictions

................................ ................................ ................................ ................................ ... 26

6. Foreign Exporting

................................ ................................ ................................ ................................ ................ 26

7. Exemptions

................................ ................................ ................................ ................................ ........................... 26

8. Reduced Requirements for Medium Quantity Generators and Conditionally Exempt Ge nerators

...................... 26

a. MQG (medium quantity generators) Reduced Requirements

................................ ................................ ....... 26
b. SQG (small quantity generators) Conditional Exemption

................................ ................................ ............. 27

C. Regulations Pertaining to Hazardous Waste Transporters

................................ ................................ ........................... 27

D. Regulations Pertaining to Recycling Facilities

................................ ................................ ................................ ............ 28

E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities

................................ ............................ 28

1. General Regulations

................................ ................................ ................................ ................................ ............. 28

2. Siting Rules

................................ ................................ ................................ ................................ .......................... 28

3. Tank Standards

................................ ................................ ................................ ................................ ..................... 29

4. Groundwater Monitoring

................................ ................................ ................................ ................................ ...... 29

5. Organic Air Emission Standards and Hazardous Waste Combustion Rules

................................ ........................ 29

6. Foreign Waste Importation Rules

................................ ................................ ................................ ......................... 30

7. Land Dispo sal Restrictions

................................ ................................ ................................ ................................ ... 30

8. Permitting Requirements

................................ ................................ ................................ ................................ ...... 30---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 10 F. Other Generator, Transfer/Transporter, and TSD Requirements

................................ ................................ ................. 30

1. Universal Wastes

................................ ................................ ................................ ................................ .................. 31

2. Military Munitions

................................ ................................ ................................ ................................ ............... 31

3. Used Oil

................................ ................................ ................................ ................................ ............................... 31

4. Fertilizer

................................ ................................ ................................ ................................ ............................... 32

5. Cathode Ray Tubes

................................ ................................ ................................ ................................ .............. 33

G. Corrective Action Authorization

................................ ................................ ................................ ................................ . 33

1. Federal Regulations fo r Corrective Action

................................ ................................ ................................ ........... 33

2. Alternative Authorities Initiative

................................ ................................ ................................ .......................... 34

3. Washington's Model Toxics Control (MTCA) Act

................................ ................................ .............................. 35

4. Prioritizing Corrective Action Work

................................ ................................ ................................ .................... 35

5. Cost Recovery

................................ ................................ ................................ ................................ ...................... 36

6. HWIR Media and Post

- Closure Rules

................................ ................................ ................................ .................. 36

7. Corrective Action Management Unit Rule Amendments

................................ ................................ ..................... 37

IV. Public Involvement and Availability of Information to the Public

................................ ............................... 38

V. Revision of the State Program

................................ ................................ ................................ ........................ 38

A. Statutory changes

................................ ................................ ................................ ................................ ........................ 39

B. Regulatory changes

................................ ................................ ................................ ................................ ..................... 39

PART II. Permitting Regulations and Procedures

................................ ............................... 39

I. Introduction

................................ ................................ ................................ ................................ ...................... 39

II. Interim Status Permits

- Existing Treatmen t, Storage and Disposal Facilities (TSD)

................................ 40

III. Final Status Facility Permits

................................ ................................ ................................ ........................... 41

A. General Information

................................ ................................ ................................ ................................ .................... 41

B. Final Facility Permit Regulations

................................ ................................ ................................ ................................ 41

C. New Facility Permit

- Additional Requirements

................................ ................................ ................................ .......... 42

IV. Other Types of Dangerous Waste Management Facility Permits

................................ ............................... 42

A. Permit by Rule

................................ ................................ ................................ ................................ ............................. 42

B. Emergency Permit

................................ ................................ ................................ ................................ ....................... 43

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

................................ ..................... 43

D. Demonstrations Permit (for Dangerous Waste Land Treatment Final Facility Permit)

................................ ............. 43

E. Research, Development, and Demonstration Permit

................................ ................................ ................................ ... 44

V. Permi t Modifications

................................ ................................ ................................ ................................ ........ 44

VI. Permit Review and Approval/Denial Process for Existing and New TSD Facilities

................................ .. 44

A. Ecology Review and Approval/Denial

................................ ................................ ................................ ........................ 44

B. Judicial Review of Permits

................................ ................................ ................................ ................................ .......... 45

PART III. Compliance Monitoring and Enforcement

................................ ........................... 48

I. Authority

................................ ................................ ................................ ................................ ........................... 48

II. Facility Inspectio ns/Visits (With & Without Target Numbers) and Selection Criteria

............................... 49

A. Introduction

................................ ................................ ................................ ................................ ................................ . 49

B. Mandatory Inspections

................................ ................................ ................................ ................................ ................ 49

C. Non

- Mandatory Inspections/Visits

................................ ................................ ................................ .............................. 50

1. State Priority Inspections

................................ ................................ ................................ ................................ ...... 50

2. Compliance Assistance Visits

................................ ................................ ................................ .............................. 50

a. New Notifier Visits

................................ ................................ ................................ ................................ ....... 50
b. Increased Generator Contact Visits

................................ ................................ ................................ ............... 51---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 11 c. Join t Site Visits

................................ ................................ ................................ ................................ ............. 51
d. Small Quantity Generators

................................ ................................ ................................ ............................ 51

e. Focused Industry Campaigns

................................ ................................ ................................ ........................ 51

3. Multimedia Inspections

................................ ................................ ................................ ................................ ........ 51

4. Criminal Investigations

................................ ................................ ................................ ................................ ........ 51

D. Corrective Action Compliance Monitoring

................................ ................................ ................................ ................. 51

1. Corrective action compliance monitoring inspections

................................ ................................ ......................... 52

2. Comprehensive groundwater monitoring evalua tions

................................ ................................ .......................... 52

3. Operation and maintenance inspections

................................ ................................ ................................ ............... 52

4. Case development inspections

................................ ................................ ................................ .............................. 52

5. Compliance schedule inspections

................................ ................................ ................................ ......................... 52

III. Enforcement Procedures

................................ ................................ ................................ ................................ 53

A. Informal Enforcement

................................ ................................ ................................ ................................ ................. 53

B. Formal Enforcement

................................ ................................ ................................ ................................ .................... 53

1. Administrative orders

................................ ................................ ................................ ................................ ........... 54

2. Agreed Order

................................ ................................ ................................ ................................ ...................... 54

3. Consent Decree

................................ ................................ ................................ ................................ .................... 54

4. Injunctive Relief

................................ ................................ ................................ ................................ ................... 54

5. Penalt ies

................................ ................................ ................................ ................................ ............................... 54

C. Criminal Prosecution

................................ ................................ ................................ ................................ ................... 55

IV. Appeals and Settlement Procedures

................................ ................................ ................................ ............. 55

A. Appeals Process

................................ ................................ ................................ ................................ ........................... 55

1. Application for Relief

................................ ................................ ................................ ................................ ........... 55

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

................................ ................................ .................... 56

B. Innovative Settlement Procedures

................................ ................................ ................................ ............................... 56

1. Innovative Enforcement Settlement Guidelines

................................ ................................ ................................ ... 56

2. Innovative Se ttlement Process Steps

................................ ................................ ................................ .................... 57

V. House Bills

................................ ................................ ................................ ................................ ....................... 57

A. HB 1010 (Chapter 43.05 RCW)

- Technical Assistance Programs

................................ ................................ ............... 57

B. SB 5042 and HB 2603 (Chapter 34.05 RCW)

- Administrative Procedures Act

................................ ......................... 58

PART IV. Data Collection and Management

................................ ................................ ........ 58

I. RCRA Information Management

................................ ................................ ................................ ..................... 58

II. Hazardous Waste Annual Reporting

................................ ................................ ................................ .............. 59

A. Previous Hazardous Waste Reporting System (Form 4/Form 5)

................................ ................................ ................. 59

III. Other Important Data Systems

................................ ................................ ................................ ...................... 60

A. Institutional Memory

................................ ................................ ................................ ................................ ................... 61

B. Monthly Report Database

................................ ................................ ................................ ................................ ............ 61

C. Pollution Prevention Opportunities Database

................................ ................................ ................................ .............. 62

D. E mergency Planning and Community Right

- to

- Know System

................................ ................................ ................... 62

IV. Regulated Community Data Estimates

................................ ................................ ................................ ....... 64

A. Number of Notifiers by Activity Reported

................................ ................................ ................................ ............... 64

B. Amount of Waste Treated, Stored, and Disposed

................................ ................................ ................................ ....... 64

PART V. Agency Structure, Budget, and Resource Assessment

................................ ...... 65

I. Agency and Hazardous Waste Program Organization and Respo nsibility

................................ ............... 65

A. Department of Ecology Organization

................................ ................................ ................................ .......................... 65---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 12 B. Hazardous Waste Program Responsibilities & Organization

................................ ................................ ...................... 65

1. HWTR Program Responsibilities and Tasks

................................ ................................ ................................ ........ 65

a. Compliance Monitoring and Enforcement

................................ ................................ ................................ .... 65
b. Voluntary Compliance and Education

................................ ................................ ................................ .......... 66

c. Promotion of Pollution Prevention an d Toxics Reduction

................................ ................................ ............ 66
d. Develop and Maintain Information Data Management and Reporting

................................ ......................... 66

2. HWTR, NWP and Industrial Section Organization

................................ ................................ .............................. 67

a. HWTR Headquarters Organization

................................ ................................ ................................ ............... 67
b. HWTR, NWP and Industrial Section Regional Organization

................................ ................................ ....... 68

II. Hazardous Waste Program Funding Sour ces

................................ ................................ ............................... 74

A. HWTR Program Funding Sources

................................ ................................ ................................ ............................... 74

B. NWP and Industrial Section Funding Sources

................................ ................................ ................................ ............ 74

III. Program Planning Process

................................ ................................ ................................ ............................. 74

TABLES

1. Permits for Hazardous Waste Facilities

................................ ................................ ................................ .............................. 48

2. Funding Profile for FY06 and FY07 (July 1, 2005

- June 30, 2007

................................ ................................ ................... 74

FIGURES

1. Basic Federal and State Dangerous Waste Designation Flow Chart

................................ ................................ .................. 21

2. Additional State Dangerous Waste Designation Flow Chart

................................ ................................ ............................. 22

3. Dangerous Waste Management Facility Permit

................................ ................................ ................................ ................. 46

4. Traditional and Expedited Permit Processes

................................ ................................ ................................ ....................... 47

5. Washington State Department of Ecology (Organizational Chart)

................................ ................................ ..................... 69

6. Hazard ous Waste and Toxics Reduction Program

- Headquarters Staff

................................ ................................ ............. 70

7. Hazardous Waste and Toxics Reduction Program

- Regional Staff

................................ ................................ .................... 71

8. Industrial Section staff (Waste 2 Resources Program)

................................ ................................ ................................ ....... 72

9. NWP staff

................................ ................................ ................................ ................................ ................................ ........... 73

APPENDICES

1. HWTR Compliance Assurance Policy

................................ ................................ ................................ ............................... 75

2. Department of Ecology Innovative Settlement

– Policy Guidance

................................ ................................ .................... 83

3. Memos Addressing the Applicability of HB 1010

................................ ................................ ................................ ............. 84

4. Notification to EPA regarding Paperwork violation law (RCW 34.05.110 (APA))

................................ ........................... 89---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 13 PART I
REGULATORY RULES AND PROCEDU RES

I. Introduction

A. Scope (last update: 10/1/05 )

This program description is part of the State of Washington's application for authorization of the "Hazardous Waste Management Program" that is operated by The Department of Ecology (Ecology).

The Ha zardous Waste Management Program was developed, and is continually evolving, to provide a comprehensive program that is equivalent to, consistent with, and at least as stringent as the Federal RCRA (Resource Conservation and Recovery Act) program.

The au thorized State regulatory program is intended to operate in lieu of all portions of the Federal RCRA program for which the State has been authorized. Some of EPA's rules promulgated pursuant to RCRA have not yet been adopted by the State; however, Ecology will continue to work towards adopting remaining RCRA regulations according to schedules mutually agreed upon between Ecology

and EPA.

All persons who generate, transport, transfer, recycle, treat, store, or dispose of dangerous wastes, as

defined in the Dangerous Waste Regulations, Chapter 173

- 303 Washington Administrative Code (WAC), are affected . The primary purpose of the Dangerous Waste Regulations is to protect public health and the environment from improper management of dangerous waste. The S tate program, administered by Ecology, has regulatory authority over nearly all areas of dangerous waste management, including notification, inspection, monitor ing, permitting, compliance monitoring, manifest tracking,

corrective action and enforcement.

B. Coverage (last update: 5/11 / 10 )

Ecology amended its regulations in J une 20 09 to update the Federal portions of the State rules to be

consistent with and equivalent to RCRA, and to improve some of the "State

- only" portions of the rules.

As indicate d in the summary and details below, many of the concepts developed for the 1980 rules remain essentially the same. Some areas, such as the listing approach and standards for dangerous waste management (Treatment, Storage, and Disposal or TSD) facilities a re directly from RCRA, while others reflect differences in Ecology’s rule from the federal program. Ecology routinely reviews its State

- only requirements to determine where changes are necessary to ensure environmental protection and where the regulatory burden can be reduced while maintaining protection of human health and the

environment.

C. Summary of Program Goals and Regulatory Implementation (last update: 5/10/96)

This Program Description explains the goals of Ecology's Hazardous Waste Program a nd provides details on the regulatory framework for achieving those goals. In summary, the regulatory structure,

codified as chapter 173

- 303 Washington Administrative Code (WAC) , is designed to achieve the following: (a) Designate those solid wastes that are dangerous or extremely hazardous to public health and the environment;---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 14 (b) Provide for proper management of dangerous wastes until they are recycled, reclaimed, treated, or disposed of safely;

(c) Encourage recycling, reuse, reclamation, and recovery of dangerous wastes to the maximum extent possible;

(d) Provide a manifest system for tracking, reporting, monitoring, record keeping, sampling, and labeling of dangerous wastes;

(e) Establish requirements for the siting, design, operation, and monitori ng of dangerous waste management facilities;

(f) Establish and administer a program for permitting dangerous waste management facilities; and

(g) Provide for enforcement against persons who violate the requirements of the act and the Dangerous Waste Regu lations.

D. Puyallup Reservation Non

- trust Lands Within the 1873 Survey Area (last update: 5/11/10 )

A revision to t he State’s authorized program became effective on October 22, 1998 to include the non

trust lands within the exterior boundaries of the Puyallup Indian Reservation (also referred to as the

“ 1873 Survey Area ” ) pursuant to the August 27, 1988 settlement agreement between the Puyallup Tribe, Federal, State, and local governments (Settlement Agreement), ratified by Congress and incorporated in Federal law on June 21, 1989 as the Puyallup Tribe of Indians Settlement Act of 1989, 25 USC Sections
1773, et. seq. (Settlement Act). This authorization did not include any land that is, or becomes “Indian Country” after October 22, 1998, with the except ion of the non

- trust lands within the exterior boundaries of the Puyallup Indian Reservation located in Tacoma, Washington . EPA retains jurisdiction over “Indian Country” as defined in 18 U.S.C. 1151. (See Federal Register Volume 63, page 50531 dated Sep tember 22, 1998 for additional details. )

The State carries out all aspects of the authorized hazardous waste program subject to the limitations below. The State authorized program that is implemented on the non

- trust lands within the Puyallup

reservation includes waste designation requirements; generator, transporter, and recycling requirements; treatment, storage, and disposal (TSD) facility requirements; permitting procedures; corrective action requirements; and compliance monitoring and enforcement pro cedures.

The State authorized hazardous waste program is subject to the following limitations : The authorized program does not extend to Indians or Indian activities within the 1873 survey area. EPA retains primary responsibility for implementing RCRA on the trust lands, and over Indians and Indian activities

on the non

- trust lands within the 1873 survey area.

EPA and Ecology developed an implementation strategy for communicat ing changes in jurisdiction from Ecology to EPA, or from EPA to Ecology. T he “Implementation Strategy for Lead Regulatory Agency Changes” will be used to facilitate information sharing and communicating jurisdictional changes on the non

- trust lands within the 1873 Survey Area of the Puyallup Reservation.

The State will partic ipate in providing intergovernmental consultation and coordination of federal, tribal, state and local governmental environmental laws pursuant to the January 13, 1997 Intergovernmental Agreement among the Puyallup Tribe of Indians, the Washington State De partment of Ecology, and the US Environmental Protection Agency (Intergovernmental Agreement).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 15 II. Regulatory Summary and History

A. History Leading to Base Program Authorization (last update: 10/01/05 )

In order to implement a legislative mandate set f orth in the Washington Hazardous Waste Disposal Act of 1976 (amended in 1980), [Chapter 70.105 RCW (Revised Code of Washington)], the Washington Department of Ecology adopted hazardous waste rules in late 1977. These rules, adopted as Chapter 173

- 302 WAC (Washington Administrative Code), empowered Ecology to define, track, and regulate the dis

posal of extremely hazardous wastes. While the legislation established another category of wastes, called dangerous wastes (DW), Ecology, at that time, was not aut horized to regulate such wastes.

In May of 1980, the United States Environmental Protection Agency (EPA) promulgated federal hazardous waste regulations in order to implement a federal mandate set forth in the 1976 amendment to

the federal Solid Waste Dis posal Act (this amendment is known as the Resource Conservation and Recovery Act, or RCRA). Federal RCRA requires EPA to develop nationwide standards for controlling hazardous waste handling, transportation, treatment, and disposal. It also requires that states that want to operate the federal hazardous waste program, known as "authorized" state programs, must adopt state regulations that are equivalent to and consistent with EPA's rules. Federal hazardous waste rules were set forth in 40 CFR (Code of F ederal Regulations) Parts 260

- 268. Procedures and requirements for authorization are found in 40 CFR Part 271. EPA authorizes state programs that are equivalent to the federal program and may authorize state programs, or portions thereof, that are more s tringent than the federal program. EPA cannot authorize state programs, or portions thereof, that are broader in scope than the federal program.

In 1980, the Washington State Legislature amended the Hazardous Waste Disposal Act to give Ecology authority to regulate dangerous waste as well as extremely hazardous waste, and to gain federal authorization for the State's RCRA hazardous waste program from EPA. In September 1980, Ecology began the process of replacing its 1977 regulations (chapter 173

- 302 WAC ) with new "consistent and equivalent" rules that would allow the state to gain EPA authorization to operate a hazardous waste program. As part of the authorization process, Chapter 173

- 302 WAC was officially repealed and replaced with Chapter 173

- 303 WAC , the Dangerous Waste Regulations, on February 3, 1982. In 1983, 1984, and 1985 the Legislature increased Ecology's authority to develop and implement a program consistent with RCRA. By concentrating on rule developments necessary to be consistent with B ase RCRA (pre

- 1984 HSWA (Hazardous and Solid Waste Amendments)), Washington received final authorization for the RCRA program on January 30, 1986 (see Federal Register 51 FR 3782).

B. General Outline of Washington's Base Authorized Program (last updat e: 10/01/05 )

In broad terms, the purposes of the Dangerous Waste Regulations are: to implement the legislative mandate to operate a State program for controlling Dangerous Waste (DW) (lower risk) and Extremely Hazardous Waste (EHW) (higher risk) that is c onsistent with federal regulations; to provide a means of defining and designating DW and EHW that is consistent with federal regulations; to establish a system for tracking DW and EHW shipments consistent with federal regulations; to develop standards th at are equivalent to and consistent with the federal standards for proper treatment, storage, and disposal of DW and EHW; and to allow issuance of federally consistent permits to facilities that treat, store, and dispose

of DW and EHW.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 16 1. Designation S ummary While the State Dangerous Waste Regulations are consistent with federal regulations, the "degree of risk" classification system and rules for an EHW facility at Hanford are unique to Washington State . Prior to 1981, Ecology identified dangerous wa stes according to the degree of hazard posed by a waste to the public health and the environment. The waste classification system imple mented by Ecology to designate that degree of hazard included assessing wastes by three criteria: their level of toxici ty, persistence in nature, and potential carcinogenic risk (the carcinogenicity criteria was dropped in November 1995), as well as their tendency to ignite, corrode, and explode, or to fail EPA's toxicity test. When Ecology replaced its 1978 regulations regulating dangerous waste (Chapter 173

- 302 WAC) with new regulations (Chapter 173

- 303 WAC) designed to be at least as stringent as federal RCRA standards, these three

criteria were included with the federal lists and characteristics as additional ways t o designate wastes, resulting in more wastes being classified as dangerous than using the federal approach alone.

Depending on the amount of hazardous waste generated or stored

, hazardous waste generators may qualify for reduced regulatory requirements. The term quantity exclusion limit (QEL) is used to signify the maximum amount of a waste that can be generated or stored and still qualify the generator for a given category of reduced regulatory requirements. These are discussed in Section III.B. (Regula tions Pertaining to Generators). The federal term “acutely hazardous waste” and the State term “Extremely Hazardous Waste” (EH W ) are important in making QEL determinations. Acutely Hazardous Waste is defined as any discarded chemical products (listed in WAC 1734

- 303

- 9903) that are identified with a dangerous waste number beginning with a “P” (P

- listed waste), or one of the following dangerous waste sources (listed in WAC 173

- 303

- 9904): F020, F021, F022, F023, F026, or F027. While P

- listed wastes

are desi gnated “DW” they must also be identified as “acutely hazardous”; they have a generation QEL of 2.2 pounds per month. “Extremely Hazardous Waste ” is a State designation term. It applies to those dangerous and mixed wastes that designate as extremely hazar dous under the State

- only dangerous waste criteria specified in WAC 173

- 303

- 100; essentially they are highly toxic or highly persistent wastes. Toxic criteria EHW has a generation QEL of 2.2 pounds per month, while persistence criteria EHW has a generatio n QEL of 220 pounds per month.

2. Waste Tracking Summary Washington's Dangerous Waste Regulations have based the tracking of dangerous wastes, as they move from the generator to a final disposal site, on the use of a manifest system. These tracking re gulations differ very little from the federal tracking system standards. The manifest, prepared by the generator, states the type, amount, origin, transporter, and final delivery point for a dangerous waste shipment. The manifest must be signed by the op erator of the disposal site and returned to the generator to signify acceptance of the waste shipment. If the generator does not receive a signed manifest copy from the disposal site within a specified time, Ecology must be notified. Ecology then initiat es a search for the missing waste.

3. EHW (extremely hazardous waste) and TSD (transport, storage, and disposal)

Facilities Rules for the operation and maintenance of the extremely hazardous waste (EHW) management facility at Hanford (this was to be the only facility in Washington that would dispose of EHW) were adopted late in 1977 under Chapter 173

- 302 WAC. However, funds for constructing such a facility were never appropriated. Standards for the design and operation of dangerous waste treatment, stor age, and disposal (TSD) facilities were later developed to be equivalent to RCRA standards. These standards have been revised to keep pace with changes at the Federal level. Because no facility for disposal of EHW exists in the State, all EHW must be exp orted to permitted facilities outside the State.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 17 4. Regulatory Reform Project In 1993, a regulatory reform project was undertaken to study options for reducing the regulatory burden of Chapter 173

- 303 WAC (Washington Administrative Code) without compromi sing protection of human health and the environment. This project focused on State

- only requirements. Federal requirements were affected only where some of the more stringent State requirements were amended to become equivalent to Federal requirements. Rule amendments that remain in effect today were adopted in November 1995 to implement recommendations of the Regulatory Reform Study . The most important changes included:

 Eliminating the State

- only Carcinogenicity Criteria (relying instead on the Persis tence and Toxicity Criteria);

 Removing the redundant Extremely Hazardous Waste (EHW) requirements from federal wastes, and eliminating or modifying the EHW requirements that were no longer effective;

 Raising the Small Quantity Generator DW accumulation limit from 220 pounds to the federal 2200 pound limit;

 Adopting several federal exclusions. Among the most important was adoption of EPA's Ten Percent Solvent Rule to eliminate the confusion caused by a state

- only waste (solvent below the 10% threshold) having a federal waste code. The amendment to the treatability exclusion (under which generators can send waste samples to laboratories for treatability studies) was adopted to increase the size of samples that can be used for treatability studies;

 Revi sing the "special waste" definition to exclude toxic waste with toxicity from 0 to 500 mg/Kg oral rat (this waste would be regulated as dangerous waste), and expanding the definition of special

waste to include solid Category D toxicity wastes and low leve l PCB contaminated solid waste;

 Redefining management standards for special waste and prescribing a specific disposal standard

Municipal Solid Waste Landfills permitted in accordance with Chapter 173

- 351 WAC. Disposal facilities with protective design standards and comprehensive monitoring requirements did not exist when the special waste rule was first developed in 1984;

 Amending the bioassay designation process in order to align the fish bioassay designation level of 100 mg/L to the acute oral rat t oxicity designation level of 5000 mg/kg; and

 Revising the PCB listing at WAC 173

- 303

- 9904 to achieve the following: 1) eliminate confusion by clarifying which wastes are captured by the listing, 2) better coordinate with regulation of PCBs

under the Toxic Substances Control Act (TSCA), and 3) simplify the regulatory requirements.

C. HSWA Amendments (last update: 10/01/05 )

1. General Provisions In 1984, Congress passed the Hazardous and Solid Waste Amendments, known as HSWA, to RCRA.

The HSWA amendment s significantly expanded the scope of the federal hazardous waste program to include requirements for burning and blending of hazardous waste fuel, regulation of used oil, restrictions on the land disposal of hazardous waste, and corrective action at hazar dous waste management facilities. The state has adopted most of the regulatory requirements that resulted from

HSWA , with the exception of most Boilers and Industrial Furnaces (BIF) regulations

, which continue to be implemented by EPA in Washington

. In 2 005, the state adopted non

- HSWA BIF requirements to ensure that all BIF requirements can be implemented.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 18 2. HWSA Corrective Action Summary In the legislative history of HSWA, Congress noted that a significant number of hazardous waste management facilit ies that received RCRA permits were becoming Superfund cleanup sites due to

releases of hazardous waste and constituents from non

- RCRA regulated units. Congress also noted that the stringent waste management requirements passed under Base RCRA only addres sed wastes generated and managed after the passage of the RCRA law and did nothing to address past waste management activity (prior to RCRA) . By imposing corrective action requirements on owners and operators of hazardous waste management facilities, Cong ress provided EPA with a mechanism to address hazardous waste contamination at RCRA regulated facilities without depleting the publicly funded Superfund.

The HSWA amendments authorize EPA to:

Under RCRA Section 3004(u), require corrective action for rele ases of hazardous waste and hazardous constituents from any solid waste management unit at a hazardous waste treatment, storage, or disposal facility subject to a RCRA permit. The corrective action is required regardless of when the waste was placed in th e unit; financial assurance for the completion of corrective action is

also required

.

Under RCRA Section 3004(v), require corrective action for releases of hazardous waste and hazardous constituents that have migrated beyond the boundary of a hazardous wa ste treatment, storage, or disposal facility subject to a RCRA permit, and require financial assurances for the completion of such corrective action.

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

EPA to issue administrative orders or initiate court action to require corrective action, or any other response necessary to protect human health or the environment, when a release of hazardous waste or

hazardous constituents is identified at a RCRA interim s tatus facility. RCRA Section 3008(h) is a federal enforcement authority and cannot be delegated to states. Only the requirements of RCRA Sections 3004(u) and 3004(v) can be delegated to states.

The state of Washington has an authorized Corrective Acti on Program that relies on the State's Model Toxics Control Act regulations to implement corrective action requirements; these regulations were originally designed to clean up abandoned contaminated hazardous waste sites. Authorization of Ecology's Alterna tive Authorities Initiative for corrective action was the first EPA authorization of a corrective action program relying on an existing state cleanup authority. See Section III.G. for more details on the State's Corrective Action Program.

D. Routine Upda ting for Federal Consistency (last update: 5/11/10 )

Based on the statutory mandates passed in 1976, Authorization refers to the process by which EPA authorizes a state regulatory program to have primary responsibility for implementing hazardous waste

re gulations. Washington's regulatory program for hazardous waste is found in Chapter 173

- 303 of the Washington Administrative Code (WAC), entitled Dangerous Waste Regulations. The development and evolution of the Chapter 173

- 303 WAC regulations have been pr imarily driven by two forces: 1) mandates of the Washington Legislature, and 2) EPA's growing hazardous waste regulations. As a consequence, the current regulations are a combination of Federal and State hazardous waste directives.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 19 The Dangerous Waste R egulations were most recently amended in J une 20 09 to incorporate federal hazardous waste requirements and update state

- only provisions . Nearly all the federal base RCRA requirements have been incorporated into Chapter 173

- 303 WAC. Most of the HSWA rules , such as corrective action, the land disposal restrictions, and the Toxicity Characteristic (TC) rule, have also been adopted.

III. Detailed outline of Amended Washington State Dangerous Waste Regulations

The following descriptions provide a basic out line framework and substantive details for the amended (most recently, J une 20 09 ) Washington State Dangerous Waste Regulations, Chapter 173

- 303 WAC (Washington Administrative Code).

In numerous instances, Chapter 173

- 303 WAC incorporates federal 40 CFR (C ode of Federal Regulations) regulations by reference. Ecology assures that the State's reference is current with any EPA changes by updating the date specified in WAC 173

- 303

- 045. This regulation states, in part: "Any references in this chapter to any pa rts, subparts, or sections from EPA's hazardous waste regulations, including 40 CFR Parts 260 through 280 and Part 124, are in reference to those rules as they existed on July 1, 200 7 ."

A. Waste Designation Regulations (last update: 10/01/05 )

Ecology inc ludes procedures in Chapter 173

- 303 WAC for identifying solid wastes. These procedures

are essen tially identical to EPA regulations, with some exceptions for materials that would not be federal solid wastes ( that is , the state

- only wastes). Ecology's re quirements assure that any materials EPA considers to be solid wastes will be also be managed as solid wastes by the State.

Washington's designation scheme relies on three mechanisms to designate wastes as dangerous: lists, characteristics, and the stat e

- only criteria. This scheme incorporates and expands upon EPA's waste designation procedures. Figure 1, titled Designation Flow Chart, is a "decision tree" for designation of solid wastes in Washington. Major features of the designation process are exp lained below.

1. Designation Lists The Washington lists are based on EPA's lists. The EPA procedures for designating wastes depend primarily on two lists: the Discarded Chemical Products List and the Hazardous Waste Sources List.

Both of these lists wer e developed by EPA and adopted by Ecology (see WAC 173

- 303

- 9903 and 9904). EPA's criteria for listing were based on the toxicity, persis tence, carcinogenicity, ignitability, corrosivity, and reactivity of waste. For the Discarded Chemical Products list, EPA considered many

common commercial and off

- specification manufacturing chemicals and listed those that met the criteria. For the Sources List, EPA studied data on various industrial processes and their typical waste

streams

, then listed those source s of waste that met the criteria. As in the EPA lists, Ecology further assigns an acutely hazardous designation to "P" listed chemicals and waste sources F020

- F023, F026, and F027; the acute hazard designation indicates that a 1 kilogram (2.2 pound) rathe r than a 100 kilogram (220 pound) quantity exclusion limit applies to these chemicals/waste sources.

In January 2005, the State adopted, in part, EPA’s revisions to the mixture and derived

- from rules. Prior to this rule, any waste that was mixed with a listed waste also became a listed waste, and any waste derived from a listed waste (generated from treating, storing, or disposing a hazardous waste) remained a listed waste. The new rule provided an option for some wastes to “lose” the listed designatio n if they no longer exhibit the characteristic that caused them to become listed in the first place. The State has an---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 20 additional provision under which a waste must also no longer exhibit any state criteria before they can lose their listing status. The o ther difference from this federal rule is that the State continues to regulate

all mixtures of solid and hazardous wastes as hazardous wastes

.

2. Designation Characteristics The second designation mechanism is the dangerous waste characteristics. Wastes with the following physical hazards may be designated as dangerous: ignitable

- wastes that are highly flammable;

corrosive

- wastes that are highly acidic or alkaline (the State also regulates solid corrosive wastes);

reactive

- wastes that are explosive, unstable, or would readily release toxic fumes; and, wastes that are toxic according to the Toxicity Characteristic Leaching Procedure (TCLP), that is, wastes containing concentrations of various (currently 40 ) listed metals, pesticides, or non

- pesticide organic chemicals above the regulatory thresholds.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 21 Figure 1. Basic Federal and State Dangerous Waste Designation Flow Chart
(References are to 173

- 303

- WAC) (last updated: 10/01/05 )
Start Here

Worksheet 1

Is the material a solid waste per

– 016?

Worksheet 2

Is the waste

excluded from the Dangerous

Waste regulations per

– 071? Worksheet 3

Is the waste a

listed

discarded

chemical per

– 081? Wor ksheet 4

Is the waste

from a listed

source per

– 082?

Worksheets 5 through 8 Does the waste have any

characteristics per

– 090? Stop

Not a Dangerous

Waste

Record the
U_ _ _ number or
P_ _ _ number Record the
F_ _ _ number
K_ _ _ number or

W001 number

Is the waste subject to Federal Land Disposal Restrictions per

– 140?

Record the D_ _ _

numbers and/or

WSC2 number

No

Yes

No

Yes Yes No

Yes No

Yes

No No

Yes

Continue to Additional State Dangerous Waste

Designation Flow Chart: Pathway One Continue to

Additional State Dangerous Waste Designation Fl ow Chart : Pathway One

Worksheets 5 through 8 Does the waste have any

characteristics per

– 090? No

Yes

Record the D_ _ _ numbers

and/or WSC2 number Stop

Not a Dangerous

Waste

C ontinue to

Additional State Dangerous

Waste Designation

Flow Chart: Pathway Two---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 22 Figure 2. Additional State Dangerous Waste Designation Flow Chart (last updated: 10/01/05 )

Do any of the three following special conditions apply to the waste?

Condition 1:

- G enerator is an SQG and the waste is DW wi th a 220 pound QEL

- follow the flow diagram:

Condition 2:

- W aste is DW and is discharged to a POTW operating under a “ P ermit by R ule” [ 082(4 )], determine if your waste is EHW under section 100 ;

or Condition 3:

- W aste is state

- only DW ( W_ _ _) and is either burned for energy recovery as used oil

, or the waste will be land disposed within the State , then follow the flow diagram:

Stop Designation is

Finished Yes Worksheet 9

Is the waste

WT01 Criteria

per

– 100?

Record the

WT01

number

No Yes

No No

Yes

Record the WP_
_ number No Worksheet 9

Is the waste

WT01 Criteria

per

– 100? Worksheet 10

Is the waste

WP01 or WP03 Criteria per

– 100?

Record the

WT01 number

Yes Yes No

Stop Designation is

Fini shed

Stop Designation

is Finished Worksheet 9

Is the waste

WT01 or WT02

Criter ia per

– 100? Worksheet 10 Is the waste WP01,

WP02 or WP03 Criteria

per

– 100?

Record the WT

number Record the WP

number Pathway Two f

or wastes that did not designate on the Basic Designation Flow Chart: Pathway One for DW wastes that designated as a Federal or State Listed or Characteristic Waste (waste numbers “U”, “P”, “F”, “K”, “WPCB”, “D001

- D043” and “WSC2”).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 23 3. State Criteria Finally, Ecology supp lements these lists and characteristics with its own criteria for: 1) toxicity, and 2) persistence (a third criterion, carcinogenicity, was dropped in November 1995; carcinogenic chemicals, which strongly correlate with the acute toxicity and/or persistenc e criteria, are now regulated through those criteria.) The criteria apply to wastes that are not "listed" or "characteristic" wastes.

a. When to Designate for State Criteria To be consistent with the Federal Land Disposal Restrictions (LDR), that is, to ensure that all applicable waste treatment codes will be identified, Ecology's rules require that wastes be designated for both the lists and characteristics; that is, even if a waste designates as a dangerous waste because it is a listed waste, it must st ill be tested to determine if it also designates for one or more characteristics in order to meet the LDR requirements. But, if a waste designates under "lists" or "characteristics", it is usually not necessary to also designate for the two State criteria

.

The major exception to not having to designate a waste for State criteria even if it has already designated as a "listed" or "characteristic" waste is: when the generator of a "listed" or "characteristic" waste would qualify as a Small Quantity Genera tor (conditionally exempt). In this case, the waste must also be designated for the Toxic EHW (extremely hazardous waste) criteria. If the waste designates as State EHW, the quantity exclusion limit is reduced to 1 kilogram (2.2 pounds), and the generato r's SQG (small quantity generator) status will no longer be valid (assuming there is more than 1 kilogram of the waste). Other less frequent cases in which further designation of "listed" or "characteristic" wastes for State criteria are necessary (or fur ther designation of a State

- only DW (dangerous waste) waste for EHW) are specified in WAC 173

- 303

- 070(5).

Waste that does not designate as "listed" or "characteristic" must be further designated for the t oxicity

and p ersistence criteria for all constituen t compounds and/or constituent concentrations of the waste known to the generator. If a generator knows only some of the toxic or persistent constituents in the waste or only some of the constituent concentrations, and if the waste is undesignated for tho se known constituents and concentrations, then the waste is not considered designated for toxicity or persistence. However, notwithstanding any other provisions of Chapter 173

- 303 WAC, Ecology has the discretion to require a generator to test a waste acco rding to the methods, or an approved equivalent method, specified in WAC 173

- 303

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

b. How to Designate for State Criteria When it is necessary for a generat or to designate a waste for State criteria, one of the following two methods must be used to determine if a solid waste designates under State criteria: 1) "book designation" may be used for the toxicity criteria using the procedure specified in WAC 173

- 30 3

- 100(5)(b), or, for the persistence criteria, knowledge of the waste may be used along with the procedure specified in WAC

173

- 303

- 100(6)(b)

- (d); or, 2) a bioassay may be used according to the Sampling and Testing Methods specified in WAC 173

- 303

- 110.

4 . Special Wastes Ecology regulations provide for a category of State

- only waste called "special waste". This category

includes solid State

- only dangerous wastes that are considered to be a relatively lower hazard to human health and the environment. They can be safely managed with a level of protection intermediate between dangerous and non

- dangerous solid wastes; under certain circumstances they may be disposed of in municipal solid waste landfills. Regulations concerning the conditional exclusion of sp ecial wastes from the full requirements of Chapter 173

- 303 WAC are contained in WAC 173

- 303

- 073.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 24 5. Mixed Wastes Ecology has provisions in State law that allow the State to regulate mixed wastes containing hazardous components subject to the Resource Cons ervation and Recovery Act (RCRA) and radioactive components subject to the Atomic Energy Act (AEA). Revised Code of Washington ( RCW ) 70.105.109 states that "The Department of Ecology may regulate all hazardous wastes, including those composed of both radi oactive and hazardous components, to the extent it is not preempted by federal law." Ecology's authority is thus equivalent to EPA's, which generally regulates hazardous radioactive wastes that do not otherwise meet the exemption for "source, special nucle ar or byproduct material as defined by the AEA." The State does not have this exclusion, nor did it adopt EPA’s 2001 rule that excluded low

- level mixed waste.

6. Exempting and Excluding Wastes Ecology provides procedures for exempting and excluding waste s from regulation if a generator (or group of generators) peti tions Ecology and can make a successful demonstration that the waste should not be designated. Because Ecology cannot exempt or exclude wastes that are federally designated, a federally design ated waste must first be exempted or excluded by petitioning EPA; provisions for federal exempting/excluding of hazardous wastes are given in 40 CFR 260.20

- 22. After a federal waste is delisted or exempted, it becomes a State

- only designated waste that ca n then be exempted through the petition process found in WAC 173

- 303

- 072 and WAC 173

- 303

- 910 ; non

- federal wastes that designate

as State

- only waste can be exempted through the same petitioning process.

7. Waste Designation

- Federal Equivalency and Routin e Updating The designation approach described above ensures that all federal wastes are properly designated and subject to the applicable requirements. Ecology has provided mechanisms to assure that any waste regulated at the federal level will be subject to the same, or more stringent, consideration before it can be exempted from regulation. The State's approach to designation incorporates and complements all the elements of the federal approach, thus assuring equivalency with (or, in many cases, exceedi ng) the requirements of EPA. Ecology has continued to amend its lists of hazardous wastes (including the Dangerous Waste Constituents List (WAC 173

- 303

- 9905)) to include new federal listings.

B. Regulations Pertaining to Generators (last update: 5/11/ 10)

1. General Summary Washington's hazardous waste rules regulate all generators covered by 40 CFR Part 262; these regulations include requirements for: an EPA /state identification number (WAC 173

- 303

- 170(2));

accumulation of hazardous waste for short ti me periods (including container and tank standards) (

- 200,

- 201,&

- 202); packaging, labeling, marking, and placarding (

- 190); manifesting of hazardous waste for

off

- site shipment

- 180); reporting and record keeping (

- 210 &

- 220) ; Land Disposal Restrictions (

- 140);

and international shipments (

- 230) . The State regulations on record keep ing are somewhat more stringent than federal provisions, requiring generators to keep all records for five years instead of the three year requirement for some records contai ned in the federal rules.

2. Accumulation of Hazardous Wastes for Short Periods A Large Quantity Generator (one that generates more than 1,000 kilograms (2200 pounds) of waste in a month and/or has accumulated more than 1,000 kilograms (2200 pounds) in a month) may accumulate dangerous waste on

- site without a permit for ninety days or less after the date of generation provided that: all such waste is shipped off

- site to a designated facility, placed in an on

- site permitted facility, or treated or recycled on

- site within ninety days or less of generation; the waste is stored in containers, tanks, on drip pads, and/or containment buildings that meet the requirements for design, labeling, etc. specified or

referenced in WAC 173

- 303

- 200; and, the generator com plies with the requirements for facility operators---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 25 specified in WAC 173

- 303

- 330 to

- 360 (except for

- 355) and

- 320. Generators accumulating waste in tanks must comply with most of WAC 173

- 303

- 640; they do not generally, however, need to have a tank

closu re plan, a closure cost estimate, or provide financial responsibility for the tank system.

The State adopted the Performance Track rule that increased accumulation time for Large Quantity Generators in 2005. Performance Track rules provide certain regula tory incentives for environmentally high performing Large Quantity Generators that qualify for the Performance Track program. O n May 14, 2009, EPA terminated the Performance Track Program, informing participants the program was discontinued and that they would need to return to standard accumulation times by November 21, 2009

. All other incentives were also terminated

. Although the dangerous waste regulations still contain the Performance Track rules, they are no longer applicable and facilities can’t take advantage of them. In

future rule

- making Ecology will delete the Performance Track rules.

3. Manifests Regulated generators must prepare a manifest before sending waste to a TSD (treatment, storage, and disposal) facility. The manifest includes informa tion on the generator, transporter, TSD facility, the type of waste, and its quantity or volume. The generator and the transporter must sign the manifest before the waste leaves the generator's property. The manifest travels with the transporter to the T SD facility, where the facility owner/operator signs the manifest and returns a copy to the generator. If the generator does not receive a copy of the manifest signed by the facility owner/operator within 45 days of shipment, an Exception Report must be s ubmitted to Ecology. When Ecology receives an Exception Report for wastes designated on the manifest for out

- of

- state shipment, then Ecology notifies either EPA or the authorized state agency with jurisdiction in the state designated for receiving the wa ste. Ecology then initiates a search for the waste to determine its fate. Ecology requires all dangerous waste shipments to utilize the Uniform National Manifest (EPA Form 8700

- 22/22A). In 2009

, Ecology adopted EPA changes to the manifest regulations st andardizing the manifest form. The forms are now available from a greater number of sources and provide new procedures for tracking certain types of waste shipments. These new procedures include requirements for handling rejected wastes, residual wastes in non

- empty containers and tracking import ed and export ed wastes

.

4. Annual Reporting and Record Keeping Generators must report annually (rather than every two years as required by RCRA (Resource Conservation and Recovery Act)) to Ecology the quantities and types of dangerous waste that were managed (not merely generated) in the past year, as well as any treatment, storage, recycling, or disposal practices incorporated.

This information is available from their manifest records. The manifest and annual r eporting system provide Ecology with a means to track the generation, movement, and ultimate disposition of dangerous wastes in Washington.

The Ecology Director may also, if deemed necessary, require a generator to furnish additional reports, including engineering reports, plans, and specifications, concerning the quantities and disposition of the generator's dangerous waste.

Generators must maintain the following records; the retention period is a minimum of five years:

 Copies of all manifests signed by the designated receiving facilities;
 Annual reports and exception reports;
 All waste designation records, including test results, waste analyses, etc.; and
 All other records required by WAC 173

- 303

- 170(3)(b) (treatment by generator) and WAC 173

- 303

- 200 (accumulating on site) as applicable to the generator’s activities.

All records must be made available upon request by the Director.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 26 5. Land Disposal Restrictions (LDR) Washington has adopted (incorporated) by reference all federal restrictions to land di sposal of hazardous waste up through July 1, 2003 . These federal restrictions are those set forth by EPA in 40 CFR Part 268 as well as numerous conforming changes throughout the regulations. Note, however, that when Ecology adopted LDR rules in June 2000 and January 2005 , it did not adopt the changes related to the mineral processing secondary metals and the Bevill exclusion s

.

Washington initially adopted and began implementing the federal Land Disposal Restrictions (LDR) in January 1994; further LDR ame ndments were subsequently adopted. Ecology staff began conducting LDR inspections together with EPA Region X staff during the period of time when Ecology began taking on responsibility for the federal LDR program.

The purpose of all LDR regulations in W ashington is to encourage the best management practices for dangerous wastes according to the priorities of RCW 70.105.150 which are, in order of priority: reduction; recycling; physical, chemical, and biological treatment; incineration; stabilization and solidification; and lastly, landfill. Washington has a number of LDR requirements that go beyond the federal requirements; these include prohibiting (except as provided in 173

- 303

- 140(5) or (6)) the landfilling of:

 State

- only Extremely Hazardous Wastes, a nd
 Organic/carbonaceous waste.

6. Foreign Exporting Generators involved with international shipments (exports) are subject to State requirements that are identical to the federal standards, except that copies of excep tion reports sent to EPA must also b e sent to Ecology. In 2005, the exporting requirements were updated to be current with the federal hazardous wastes regulations. These requirements are incorporated by reference at WAC 173

- 303

- 230, and are administered by EPA.

7. Exemptions Ecology's re gulations allow certain farmers who manage their pesticide wastes on their own land to be exempt from the generator requirements. To qualify for this exemption, the farmer must either reuse

their pesticide residues and rinse waters ( for example , in the ne xt batch of pesticide) or else manage these wastes according to the pesticide label instructions. The label instructions vary for each pesticide, but almost always call for the farmer to spray the pesticide residues in a manner that constitutes a useful

p urpose. In some rare cases, a label may call for disposal or burial. If such disposal or burial is done on the farmer's own land, then Ecology will not regulate the farmer as a generator. Disposal of pesti cide wastes elsewhere is subject to Ecology's g enerator and other dangerous waste requirements.

8. Reduced Requirements for Medium Quantity Generators (MQGs) and Conditionally Exempt Generators (SGQs)

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

quan tity generators) Washington State regulations provide for reduced generator requirements for those generators of between 100 kilograms (220 pounds) and 1000 kilograms (2200 pounds) of waste per

month who do not accumulate on

- site more than 1000 kilograms ( 2200 pounds) of dangerous waste (and that do not exceed the QEL (quantity exclusion limit) for generation or accumulation of acutely hazardous wastes); this 1000 kilogram (2,200 pounds) accumulation limit is more stringent than the

Federal accumulation lim it of 6000 pounds. These generators, known as "medium quantity generators" or MQGs, may accumulate waste on site for up to 180 days after generation and may be granted an---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 27 extension if the waste must be transported over a distance of two hundred miles or m ore for off

- site treatment, storage, or disposal. They do not need to comply with the Personnel training requirements of

WAC 173

- 303

- 330

, and are subject to reduced tank standards and reduced requirements of contingency and emergency planning.

b. SQG Co nditional Exemption "Small Quantity Generators" (SQGs) are those generators whose: 1) quantity of waste generated per month does not equal or exceed the QEL (quantity exclusion limit) for those wastes; and/or, 2) quantity of waste

accumulated does not exce ed 1000 kilograms (2200 pounds) for wastes with a 100 kilogram (220 pounds) QEL and 1 kilogram (2.2 pounds) for wastes with a 1 kilogram (220 pound) QEL. Note that under federal RCRA, this class of generators is known as "Conditionally Exempt Small Quanti ty Generators".

S mall Q uantity G enerator s are subject to reduced waste management requirements. However, they are responsible for determining whether their wastes designate as dangerous waste and for managing their wastes in a way that does not pose a po tential threat to human health or the environment. Furthermore, SQGs must ensure that their waste is treated or disposed of in an on

- site facility or is delivered to an off

site facility that is either 1) a permitted facility under the Dangerous Waste Re gulations, 2) authorized to manage dangerous waste by another state, 3) permitted to manage moderate

- risk waste, 4) a facility that beneficially uses or reuses, or legitimately recycles or reclaims the dangerous waste, or treats the waste prior to recyclin g, 5) permitted to manage municipal solid waste, 6) permitted to manage non

municipal non

- hazardous waste, or 7) a publicly owned treatment works (POTW) if the SQG meets the requirements of the domestic sewage exclusion. These are the only requirements SQGs must comply with; however, if these requirements are not complied with, then SQGs become “fully regulated” under the entire Chapter 173

- 303 WAC.

C. Regulations Pertaining to Hazardous Waste Transporters (last update: 10/01/05 )

All transporters mu st have a currently valid EPA/State ID number, or as it is now called, a RCRA ID number. Chapter 173

- 303 WAC requires transporters to comply with U.S. Department of Transportation (DOT) rules for hazardous materials and substances trans portation (49 CFR) . Ecology requires all dangerous waste shipments from regulated generators to utilize the Uniform National Manifest (UNM); this assures that interstate shipments are in accordance with DOT require ments. Transporters are also responsible for notifying au thorities and assisting in cleanup operations in the event of a spill or discharge of dangerous wastes during transport.

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

States . Such transporters mu st comply with all generator require ments ( for example , manifesting and packaging) in WAC 173

- 303

- 170 through

- 230. Transporters who export wastes must comply with federal requirements administered by EPA (40 CFR Part 262 Subpart E and export requirement s at 261.5, 261.6, 262.41, and 263.20). In addition, copies of forms and reports submitted by transporters to EPA must also be sent to Ecology.

In June 2000, Ecology added some state

- only requirements for transporters of hazardous waste.

Transfer facili ties must be registered with the state and are subject to operating standards. Another change was made that added packaging, marking, and waste description requirements for state

- only dangerous wastes that are not regulated as hazardous materials under 49 CFR hazardous material regulations. These requirements must be used when preparing state

- only waste for transport.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 28 D. Regulations Pertaining to Recycling Facilities (last update: 10/01/05 )

EPA standards for recycling hazardous wastes are included in Ecology's regulations. These include: recycling constituting disposal; precious metals recovery; lead

- acid battery recycling; burning for energy recovery; and numerous regulatory exemptions for certain recycling practices. Ecology's recycling

standards a re virtually identical to EPA's, with the exception of recycling provisions for state

- only dangerous wastes; specific standards are applied to state

- only waste recycling facilities.

Generators and transporters of solid wastes that designate as dangerous w aste are subject to the same regulations whether the waste is recyclable or not, unless a recyclable waste is singled out for special regulation in WAC 173

- 303

- 120.

Unless a recycling process is singled out for special regulation or is exempt, recycling processes are subject to regulation up to and including storage prior to recycling

. B eginning with the January 2005

rule amendments

, recycling facilities are subject to closure and financial responsibility requirements

. These requirements were adopted so as to prevent future situations where facilities cannot be properly closed by the owners due, for example, to lack of funds, bankruptcy, or abandonment

. Closure plans

and closure cost estimates are r equired for all recycling facilities, and financial ass urance must be provided to cover the cost of closure

. Ecology publication #94

- 111 ( Guidance for Clean Closure of Dangerous Waste Units and Facilities ) was revised in May 2005 to include information for both recycling and used oil facility closure requirem ents.

Owners/operators of facilities that receive a recyclable material from off

- site and recycle it after storing it

first are subject to all requirements covering waste management facilities and most waste management facility permitting requirements. A facility that recycles a waste without storing it first ( immediate recycling), must follow the requirements of WAC 173

- 303

- 120(4)(c). These include performance standards, required notices, security, general inspection, personnel training, preparedness an d prevention, contingency plan and emergency procedures, emergencies, manifest system, facility record keeping, facility reporting, other general requirements, some container and tank system requirements , and closure plans, closure cost estimates, and fina ncial assurance

. Ecology can grant a case

- by

- case extension of up to 72 hours for staging wastes prior to their entering the recycling process for immediate recyclers.

E. Regulations Pertaining to Treatment, Storage, and Disposal (TSD) Facilities (last

u pdate: 5/11/10 )

1. General Regulations Ecology adopted essentially all EPA standards for the design, performance, operation, and maintenance of TSD facilities, and for public participation in the permitting process. Facilities must also satisfy all appli cable local, state, and federal laws (such as local comprehen sive plans, air and water pollution laws, endangered species, etc.).

2. Siting Rules Ecology adopted its own rules for siting such facilities. TSD facilities must be sited and operated to

com ply with these siting criteria rules. The siting criteria serve as an initial screen in the consideration of sites for dangerous waste management facilities. Their purpose is to immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable or inappropriate for the management of dangerous wastes. They prohibit facilities from being located in areas subject to natural hazards such as floodplains and unstable soils, and environmentally or culturally sensitive areas such a s sole source aquifers and designated historic areas. Minimum setback distances have been established from---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 29 identified resources. For example, land disposal facilities must be located at least 1/4 mile from perennial surface water bodies.

3. Tank Stand ards Facilities that treat or store hazardous waste in tanks must comply with tank standards (WAC) 173

- 303

- 640) for: assessing existing tank systems' integrity, the design and installation of new tank systems or components, containment and detection of rel eases, general operating requirements, inspections, response to leaks or spills, closure and post closure, requirements for ignitable or reactive wastes and requirements for incompatible wastes. The State requirements are identical to most of the Federal requirements, but are more stringent in some areas such as:

 The State does not include an exemption from the requirements for reactive or ignitable waste;
 The State requires development of a schedule of integrity assessments;
 Any release above the reporta ble quantity must be reported;
 Tanks must be located in a manner equivalent to the National Fire Protection Associate's buffer zone requirements or as required by State and local fire codes (whichever is more stringent);
 Documentation is required of the precautions taken for ignitable, reactive or incompatible wastes;
 Yearly inspections and additional monitoring are required;
 A description is required of tank design to prevent escape of vapors and emissions of acutely or chronically toxic EHW (extremely hazardous waste);
 Tank marking and /or labeling must be described.
 No exemptions for spill reporting requirements

4. Groundwater Monitoring All land based hazardous waste treatment, storage, and disposal facilities (including miscellaneous units)

must m onitor groundwater and analyze for a specified core list of chemicals, plus other chemicals specified on a site

- specific basis

. The Groundwater Monitoring List is found in 40 CFR Part 264 Appendix IX. Due to changes from the 2005 federal Methods Innovati on Rule, in 2009 the state regulations inserted the groundwater monitoring list into Chemical Test Methods for Designating Dangerous Waste publication #97

- 407

.

Also in 2009, Ecology adopted changes from the Burden Reduction Rule for the groundwater detec tion and compliance monitoring programs. These changes allow more flexibility in sampling procedures. Another change requires case

- by

- case consultation with Ecology to establish compliance monitoring procedures.

5. Organic Air Emission Standards and Haz ardous Waste Combustion Rules Ecology adopted (incorporated) by reference 40 CFR 264.1031 through 1036, 40 CFR 264.1051 through 1065, and 40 CFR 264

. 1080 through 1091. These regulations set standards limiting organic air

emissions at hazardous waste treat ment, storage, and disposal facilities requiring a hazardous waste permit. Final standards are established for: 1) organic emissions from process vents associated with distillation, fractionation, thin

- film evaporation, solvent extraction, and air or ste am stripping operations where the wastes handled have 10 or more parts per million total organics (by weight); 2) leaks from equipment that contains or contacts hazardous waste streams with 10% or greater total organics (by weight); and 3) reduction of or ganic air emission standards from tanks, surface impoundments, containers and miscellaneous units managing particular types of hazardous waste.

In 2005, Ecology adopted the standards promulgated by EPA in the late 1990’s and early 2000’s for

hazardous w aste combustors (incinerators, cement kilns, and lightweight aggregate kilns) to make it easier for a permitted facility to make changes to their permit. Facilities with certain hazardous waste---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 30 combustion units can use the new permit modification when add ing air pollution control equipment or when making other changes in equipment or in operations needed to comply with air emission standards. The rules make it easier on a facility that is in compliance with air emission standards of the Clean Air

Act ; t he hazardous waste rules defer to Clean Air Act rules. The State did not adopt the syngas fuel exclusion that EPA also promulgated as part of these rules.

The 2009 rule amendme nts picked up additional RCRA changes stemming from NESHAPs rules for

hazardous waste combustors and surface coating of automobiles and light

- duty trucks. The state will keep current with changes to federal hazardous waste rules as they relate to NESHAPS rules

.

6. Foreign Waste Importation Rules If a facility is receiving dangerous waste from outside the United States, Ecology requires that a notification be sent to the Ecology regional office where the waste is being sent. The notification must include: information regarding the importer, exporter, and foreign waste generator (name s, addresses, telephone numbers, EPA/state ID number); a description of the waste and estimated frequency at which the waste is to be imported; estimated total quantity; and a description of the manner the waste will be managed.

7. Land Disposal Restricti ons (LDR) All TSD facilities must comply with both the federal LDRs and the State land disposal requirements. Washington has incorporated by reference all federal restrictions to land disposal of hazardous waste up through July 1, 2003 . These federal res trictions are those set forth by EPA in 40 CFR Part 268 as well as numerous conforming changes throughout the regulations. Washington initially adopted and began implementing the federal Land Disposal Restrictions (LDR) in January 1994; further LDR amendm ents were subsequently adopted. Ecology staff began conducting LDR inspections together with EPA Region X staff during the period of time when Ecology began taking on responsibility for the federal LDR program.

8. Permitting Requirements An owner/operat or of a dangerous waste facility that transfers, treats, stores, disposes, or recycles dangerous waste must, when required by Chapter 173

- 303 WAC, obtain a permit covering regulation of the active life, closure period, ground water protection compliance pe riod, and, when applicable, the corrective action and/or post

- closure care period. More detail of the Permitting process is given below

in Part II

- Permitting Procedures and Regulations . TSD/recycling facilities must have adequate security, personnel tra ining, inspection schedules, emergency plans and equipment, records of operation, environmental monitoring, documentation of financial responsibility, closure, corrective action and post

closure plans, and reporting before Ecology will issue a permit to a facility.

F. Other Generator, Transporter, and TSD Requirements (last update: 5/11/10 )

The Dangerous Waste Regulations require all persons (not falling into the "conditionally exempt" or SQG category) who generate, transfer, transport, treat, store, or dispose of dangerous waste to have a EPA/State identification number. Those individuals requiring such a number must notify the State of their activities before being issued a number. The regulations also establish procedural requirements for permit app li cation and issuance (see section on Permitting Regulations and Procedures), public involvement (see following section), petitioning Ecology for changes and exceptions to the regulations, and testing methods (the

November 1986 version of SW

- 846 including update s I, II, IIA, IIB, III, IIIA and Final Update IV has been incorporated by reference into the State's regulations), sampling methods, and conditions for exemption from the rules (recycling or recovery of dangerous wastes, triple rinsing of containers , etc.).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 31 1. Universal Wastes In 1998, Ecology adopted the Universal Waste Rule for batteries and mercury

- containing thermostats. The Universal Waste Rule for pesticides was not adopted. In addition, the petition provisions were adopted so that other cat egories of universal wastes may be added to the Dangerous Waste Regulations during future rulemakings. In 2000, Ecology adopted the universal waste rule for lamps. The state rule limits accumulation of lamps to 2,200 pounds before becoming a large quanti ty handler. Ecology adopted mercury

- containing equipment as a separate category of Universal Waste in 2005. In 2009 Ecology adopted the full provisions of EPA ’ s final mercury

- containing equipment universal waste rule.

Prev iously we had adopted the propo sed rule, not the final rule. The revision did away with a separate category for mercury

- containing thermostats, combining it into the mercury

- containing equipment

category. Also, equipment with mercury in open housings are allowed to be managed as unive rsal

waste , following specified handling rules

.

2. Military Munitions Ecology’s version of the Military Munitions rule is nearly identical to the federal rule. There are some significant differences. The state does not exempt military and commercial tra nsporters from the manifesting requirements when transporting wastes between military installations and requires approved alternative documentation if not using a manifest when transporting wastes (any wastes, not just military munitions wastes) on public rights of way within and around a facility. Also, Ecology clarified in its rule that munitions left on a closed or transferred range meet the definition of solid waste.

3. Used Oil Ecology adopted the federal used oil regulations in 2000 with several ex tra requirements beyond what is required by federal rules. For example, the state rules do not allow mixing of characteristic waste and conditionally exempt small quantity generator waste with used oil.

The Dangerous Waste Regulations contain a provisi on that is not considered by EPA to be as stringent as that provided in federal rules. The state rule allows generators to transport their own used oil in quantities greater than 55 gallons in their own vehicle without a transporter ID number. The federa l rule limits such transportation to 55 gallons. Under the state rule, the used oil must be taken to a collection center that meets the requirements of a transfer facility, and that records the name, address, telephone number, date of delivery, and quanti ty of used oil being delivered to the site. Ecology’s intention with this provision was to preserve the integrity of used oil collection systems managed by local government that are well established and working well. This provision (not requiring a trans porter ID number) is meant to ensure that generators with larger quantities of used oil will not be discouraged from bringing their used oil to county collection centers. Likewise, collection centers may receive quantities of oil greater than 55 gallons f

rom a generator if the center meets the requirements of a transfer facility. The collection center must record the generator’s name, address, telephone number, date of delivery, and quantity of used oil delivered.

In 2005, regulations went into effect that requires used oil processors (as well as recycling facilities) to prepare a closure plan and closure cost estimate, and to provide financial assurance. These requirements are meant to assure that facility owners will bear the costs of closing their f acility rather than potentially having those costs passed on to taxpayers in the event of such things as abandonment and bankruptcy.

To allow existing facilities time to comply with the new requirements, financial assurance requirements are subject to a p hase in period . While trust funds must receive their first payment during the first year, facilities choosing to use other mechanisms have until January 2008 to establish financial assurance. Ecology publication, Guidance for Clean Closure of Dangerous W aste Units and Facilities #94

- 111 was updated in May 2005 to provide information on the requirements for recycling and used oil facilities.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 32 4. Fertilizer In 2000, Ecology made several changes to the Dangerous Waste Regulations that pertain to hazardous

wa ste used in the manufacture of fertilizers. These changes included removal of the K061 exemption, codification of an amended version of the policy used to review fertilizer registrations, and clarification of the applicability of 40 CFR part 268 standards to "state

- only" wastes.

K061 Exemption . WAC 173

- 303

- 505 was amended in 2000 to remove the "K061 exemption". Previously, steel mill flue dust (K061) was exempt from meeting Land Disposal Restriction (LDR) standards when used

to make a commercial fertili zer. In a 1997 letter to EPA, Washington State identified several issues with the K061 exemption that were discovered during Ecology’s study of heavy metals in fertilizer products. Foremost was the fact that the K061 exemption encouraged the use of K061 in fertilizers over other hazardous wastes not exempted from LDR standards. This is significant because Ecology’s study showed that at least one hazardous waste, tire ash, contained far less heavy metals than the K061 that was sampled and both

wastes can be used to make an identical fertilizer product. EPA has proposed to remove the K061 exemption

as well

.

Removal of the K061 exemption subjected these wastes to the federal LDR standards. The most current

version of the federal LDR standards is Phase IV . However, EPA stayed its LDR Phase IV standard for zinc micronutrient fertilizers making them subject to the less stringent Phase III standard. Ecology adopted EPA’s LDR Phase IV Stay for characteristic zinc micronutrient fertilizers and adopted the sam e standards for fertilizers made from K061. These levels are appropriate because EPA is not certain that Phase IV treatment standards are well suited for micronutrient fertilizers including those made from K061. The required immobilization of the hazardo us metal constituents would likely also immobilize the zinc component of the fertilizer making it unsuitable for plant food use.

In 2005, Ecology adopted parts of EPA’s rule, Zinc Fertilizers Made from Recycled Hazardous Secondary Materials. While the St ate adopted the exclusion for zinc fertilizers made from Hazardous wastes, it did not adopt the exclusion for hazardous secondary materials used to make zinc fertilizers. This decision was based on public comments expressing concern that it would be less protective of human health and the environment than the existing rules. Additionally, there were no facilities in the

state at the time that would have benefited from the exclusion , and no comments in support of the

exclusion were received . Ecology also updated the use constituting disposal section (505) to reflect the new regulatory structure (the exclusion at 071(3)(pp)), that contains product specifications for contaminants in zinc fertilizers made from secondary materials.

Fertilizer Registration Rev iew Criteria . In part, the Fertilizer Registration Act

, as amended in

1998

, required Ecology to review waste

- derived and micronutrient fertilizers applications for consistency with chapter 70.105 RCW, the hazardous waste law. Ecology adopted review crite ria at

WAC 173

- 303

- 505(b). The review criteria were original ly published as a policy in the State Register in August 1998. Those review criteria were used to review over 300 fertilizer applications in the 1999 registration cycle and make registration re commendations to the Department of Agriculture. The fertilizer registration review criteria used by Ecology required the registrant to provide the following test data: Toxicity Characteristic Leaching Procedure (TCLP) metals, Total Halogenated Organic

Co mpounds (HOC), and Total Polycyclic Aromatic Hydrocarbons (PAH). Information that Ecology gained from the review process and the 1998 fertilizer study conducted by Ecology, suggested that

amendments could be made to the criteria that would reduce the anal ytical costs to registrants yet still provide adequate registration review. Therefore, Ecology codified the review criteria through

amendments to WAC 173

- 303

- 10,

- 016,

- 040, and

- 505. The review criteria were adopted as used in the 1999 registration cycl e except in place of the TCLP test for certain metals, an LDR certification can be---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 33 used. Also, the Total Polycyclic Aromatic Hydrocarbons (PAH) requirement was dropped. In 2005, fertilizer registration requirements were modified so that test data is not required every year if the fertilizer has already been registered with the State two or more times, and if the source materials used to manufacture the product have not changed.

Applicability of 40 CFR part 268 to state

- only wastes

. The federal Land Disp osal Restrictions apply to fertilizers that contain "hazardous waste." "Hazardous waste" is defined in WAC 173

- 303

- 040 and, in part, means those solid wastes that are regulated as hazardous waste by the EPA. In some cases

where EPA has excluded solid wast es from regulation as hazardous waste, Washington has chosen not to exclude those wastes from chapter 173

- 303 WAC. Those wastes excluded by EPA, but not by Washington State are included in the group of wastes known as "state

- only" wastes. The amendments to
WAC 173

- 303

- 505 clarified that those state

- only wastes that otherwise meet the definition of

"hazardous waste" (because they are a characteristic RCRA waste) used to make fertilizers must comply with the Land Disposal Restrictions.

5. Cathode Ray Tub es (CRT)

In 2007 the dangerous waste regulations added cathode ray tubes to the list of excluded wastes in WAC

173

- 303

- 071. CRTs are commonly found in older tel evisions and computer monitors. CRTs that are recycled are conditionally exempt from solid wa ste. Ecology adopted most of the 20 06 federal rule, except tha t recycled used, intact CRTs are completely exempt under RCRA, whereas in Washington all

used CRTs (intact or broken) and CRT glass have storage , transportation and processing requirements.

G . Corrective Action Authorization (last update: 02/03/06 )

NOTE: The following information on Corrective Action (Section G , subsections 1 through 5 ) is meant to briefly summarize certain aspects of the Hazardous Waste and Toxics Reduction Program’s (HWTR ) Corrective Action regulations and procedures that may be of interest to the reader wanting a comprehensive overview of the entire Program. This Section is not meant to supersede the HWTR Program’s November 4, 1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or definitive information on HWTR’s Corrective Action regulations, policies, procedures, funding, staffing, etc.

1. Federal Regulations for Corrective Action (last update: 02/03/06 ) On July 15, 1985 (50 FR 28702), EPA published the first HSWA (Hazardous and Solid Waste Amendments) codification rule, which included regulatory language for corrective action at solid waste management units (40 CFR 264.101). Under the July 15, 1985 Federal regulations, owner/operators of facilities seeking a permit for the treatment, storage

, or disposal of hazardous waste were required to:

 Institute corrective action as necessary to protect human health and the environment for all releases

of hazardous waste and constituents from any and all solid waste management units at the facility regardless of the time at which waste was placed in such units, and

 Specify corrective action, schedules of compliance for such corrective action, and assurance s of financial responsibility for completing corrective action in all final RCRA (Resource Conservation and Recovery Act) permits.

On December 1, 1987 (52 FR 45788), EPA amended the regulatory requirements for corrective action, adding a requirement f

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

, or disposal of hazardous waste to:---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 34  Implement corrective actions beyond the facility property boundary where necessary to protect human health and the environment, unless th e owner/operator could demonstrate to EPA's satisfaction that, despite the owner/operator's best efforts, they were unable to obtain the necessary permission to undertake such actions, and to take on

- site measures to address such releases as determined by EPA on a case

- by

- case basis, and to provide assurances of financial responsibility for

such corrective action.

On July 27, 1990 at 55 FR 30798, EPA proposed detailed regulations for corrective action. These proposed regulations became known as "draft S ubpart S", referring to their draft status and anticipated subpart in 40 CFR Part 264. Only part of d raft Subpart S was finalized

. EPA later withdrew most of the proposed rule and published ANPRM (Advance Notice of Proposed Rule m aking) on RCRA Corrective Action Program dated May 1, 1996 at 61 FR 19432

- 19464, which is used as guidance in implementing corrective action requirements.

2. Alternative Authorities Initiative (last update: 02/03/06 ) Prior to developing a corrective action authorization strategy , Ecology carefully observed some duplication of effort between EPA's Superfund and RCRA programs. In addition, since many contaminated sites have cleanup responsibilities under both RCRA and Superfund, facility owner/operators are potentially liable for two environmental cleanups, a Superfund cleanup and a RCRA corrective action. In considering a state corrective action program, Ecology questioned the efficiency of establishing a totally new cleanup program for dangerous waste management facilities when effective cleanup standards and procedures were already in place under the Model Toxics Control Act (MTCA) (see below). In order to address these concerns, Ecology and EPA developed the Alternative Authorities

Initiative.

The Alternative Authorities Ini tiative was established to provide a mechanism for states, like Washington, with existing environmentally protective cleanup authorities to use those authorities to compel corrective action at RCRA facilities. Under this Alternative Authorities Initiative , Ecology applied for authorization of a corrective action program that relied on the Model Toxics Control Act regulations to implement corrective action requirements. Authorization of Ecology's Alternative Authorities Initiative for corrective action ( 59 FR 55322

- 55327, published and effective on November 4,

1994 ) was the first EPA authorization of a corrective action program relying on an existing state cleanup authority.

The State’s federally authorized hazardous waste program does not defer to a Sta te superfund

- like authority; rather, the State’s authority is used to compel RCRA corrective action requirements. In order to fulfill the RCRA Section 3004(u) and (v) requirements that all RCRA permits must include corrective action permit conditions, Sta te corrective action orders are incorporated into RCRA permits issued pursuant to the authorized State program permitting regulations.

By using MTCA authority to also carry out corrective action, Ecology is able to:

 Complete expedited and environmentally protective corrective action cleanups;
 Reduce duplication of effort between Ecology's Toxics Cleanup and Hazardous Waste & Toxics Reduction Programs;
 Enhance cleanup requirement and procedure consistency for RCRA and non

- RCRA facilities;
 Potentially recov er Ecology’s portion of the costs of corrective action work (see Section G.4. below);
 Reduce regulatory confusion; and
 Provide more explicit opportunities for facility owner/operators to fulfill RCRA corrective action requirements through appropriate inde pendent cleanups.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 35 3. Washington's Model Toxics Control (MTCA) Act (last update: 10/31/01) Voters passed the Washington State Model Toxics Control Act, Chapter 70.105D RCW, as Initiative 97 in November 1988. Effective in March 1989, the law established Wa shington State's basic authorities and requirements for cleanup of contaminated sites.

RCW 70.105D.030(2)(d) directed Ecology to adopt and enforce "minimum cleanup standards for remedial actions at least as stringent as the federal cleanup standards under Section 121 of the federal cleanup law (CERCLA) ... and at least as stringent as all applicable state and federal laws, including

health based standards under state and federal law." RCW 70.105D.030 also established three threshold requirements for remed ial actions performed under the Model Toxics Control Act. MTCA cleanup actions must comply with cleanup standards, utilize permanent solutions to the maximum extent practicable, and include adequate monitoring to ensure the effectiveness of the remedial a ction.

Within the statutory framework of Chapter 70.105D RCW, the Model Toxics Control Act Regulations (Chapter 173

- 340 WAC, revised August 15, 2001) define a two

- step approach for establishing cleanup requirements at individual sites:

(1) Establishing Cl eanup Standards: The cleanup standards provide a uniform statewide approach to cleanup that can be applied on a site

- by

- site basis. Establishing cleanup standards for individual sites requires specification of (1) the hazardous substance concentrations th at protect human health and the environment ("cleanup levels"), (2) the location on the site where cleanup levels must be attained ("points of compliance"), and (3) additional regulatory requirements that apply to a cleanup action because of the type of ac tion and/or the location of the site.

(2) Selecting a Cleanup Action: This step involves evaluating methods that could be used to clean a site before deciding which of those methods would best achieve the cleanup standards. In addition to meeting the clea nup standards, cleanup actions must also utilize permanent solutions to the maximum extent practicable, achieve cleanup in a reasonable time frame, and include monitoring to ensure the long

- term effectiveness of the cleanup action.

Since eliminating all r isks at a contaminated site is often impossible, even after cleanup, establishing cleanup levels under the MTCA generally means determining when a site is cleaned up to the point that contamination no longer poses unacceptable risks to human health and the environment.

4. Prioritizing Corrective Action Work (last update 12/9/96) For purposes of prioritizing Corrective Action Work, the Northwest Corrective Action Group developed regional criteria for determining site environmental significance. Existing T SD facilities have been ranked and placed on a priority list. The ranking focuses on eight areas, the first three areas addressing environmental issues, and the last five addressing oversight issues. Environmental issues have been used to determine high priority facilities.

Environmental issues used as criteria in the ranking process include: level of contamination, toxicity of the waste stream (extremely hazardous waste toxic hazardous waste), and the facility setting.

The Oversight Issues include: enf orcement history, financial status of facility, extent to which the nature of the releases are known, level of public interest, and type and complexity of particular corrective action activity.

A full outline of the Facility Environmental Priority Rankin g Criteria can be found in the report entitled Northwest RCRA Corrective Action Strategy

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 36 5. Cost Recovery (last update: 02/03/06 ) A major benefit to the State of Washington in using MTCA (Model Toxics Control Act) for corrective action is its authority to recover costs of work performed by the State from the site owner(s). RCW 70.105D.050(3) requires that the State seek to recover the amounts spent by the department for investigative and remedial actions and orders. The attorney general is tasked to se ek, by filing an action if necessary, to recover the amounts spent by Ecology. According to WAC 173

- 340

- 550(1) and (2) “It is the department’s intention to recover those costs which are reasonably attributable to the site. Timing of cost recovery for ind ividual sites will be considered on a case

- by

- case basis, however, the department may demand payment of costs as they are incurred. ... Remedial action costs are costs reasonably attributable to the site and may include costs of direct activities, support co sts of direct activities, and interest charges for delayed payments.”

Because of the cost recovery provisions that Ecology use s for corrective action work, the Legislature initially granted Ecology the ability to hire additional corrective action staff, b ut did not increase Ecology's appropriation from the Toxics Account. Due to the potential limitations on funding from the Toxics Account, Ecology planned a gradual implementation of the hiring needed for corrective action

work. The Hazardous Waste and To xics Reduction Program developed policies, procedures, accounting and billing systems to implement cost recovery. Cost

- recovery policies and procedures in the Hazardous Waste and Toxics Reduction Program were closely modeled on policies and procedures use d by the Toxics Cleanup Program.

6. HWIR Media and Post

- Closure Rules (last update: 5/11/10 )

HWIR Media In 2000, Ecology adopted portions of the federal HWIR Media Rule. Changes were made in four areas to give the Agency additional flexibility in regulat ing cleanups that result in generation of dangerous

waste.  Ecology revised the definitions of corrective action management unit (CAMU), temporary unit (TU), and remediation waste and some of the implementing regulations for CAMUs and TUs. These changes clarified that CAMUs and TUs may be used to treat, store or dispose any dangerous remediation waste, including dangerous remediation wastes generated as a result of cleanups at sites that are not otherwise subject to the Dangerous Waste Regulations (e.g., at some sites cleaned up

under the Model Toxics Control Act (MTCA) Cleanup Regulation).
 Ecology adopted the dredged materials exclusion.
 Ecology adopted rules for staging piles, a new type of unit for storage of dangerous remediation waste at cleanup sites.
 Cleanup

- Only Facilities. Ecology adopted special operating standards for facilities at which owners/operators treat, store or dispose of dangerous remediation waste but do not treat, store or dispose of any dangerous waste that is not remediati on waste. These facilities are commonly referred to as “cleanup

- only facilities.” Cleanup

- only facilities were previously subject to the same prescriptive operating requirements as facilities at which owners/operators treat, store or dispose of dangerous waste from on

- going industrial operations and facilities at which owners/operators accept dangerous wastes from off

- facility for treatment, storage or disposal (i.e., commercial facilities). The operating standards for cleanup

- only facilities are more pe rformance based and easier to implement in the context of cleanup actions. Ecology exempted cleanup

- only facilities from the corrective action requirements of WAC 173

- 303

- 646. Because cleanups are already on

- going at these facilities and because, to the extent additional cleanup is needed, Ecology can impose cleanup requirements under the Model Toxics Control Act, Ecology believes there is no need to also regulate cleanup of such facilities using the corrective action requirements of WAC 173

- 303

- 646.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 37 Ecol ogy did not adopt regulations that would establish an alternative administrative process for permitting facilities at which only dangerous remediation waste is treated, stored, or disposed. These types of facilities are currently cleaned up under the Mode l Toxics Control Act (Chapter 70.105D RCW) and, according to RCW 70.105D.090, people who conduct remedial actions under a consent decree, order or agreed order are exempt from the procedural permitting requirements. Therefore, these regulations are not ne eded in Washington State.

Post

- Closure Rule Ecology also adopted portions of the Post

- Closure Rule in 2000. These amendments gave Ecology the discretion to substitute alternative requirements for ground water monitoring, closure, post

- closure and

financi al assurance for certain types of dangerous waste treatment, storage and disposal units. These regulations gave Ecology the discretion to address cleanup needs at some dangerous waste units using a more flexible remediation process rather than the prescri ptive process that currently governs ground water monitoring, closure, post

- closure, and financial assurance.

The alternative requirements are usually the more flexible state requirements for corrective action (WAC 173

- 303

- 646) , which are protective of human health and the environment . Using this approach, eligible dangerous waste treatment, storage and disposal units will generally be cleaned up using the Model Toxics Control Act Cleanup Regulation (Chapter 173

- 340 WAC), ensuring consistency among

clea nups and allowing Ecology to recover cleanup oversight costs. In all cases, alternative requirements must be established in an enforceable document. Enforceable documents are defined to include permits, orders, closure and post

- closure plans, and MTCA co nsent decrees.

The use of alternative requirements for closure, post

- closure, ground water monitoring and financial assurance is limited to dangerous waste treatment, storage and disposal units that are located in areas where a release has occurred, whe re the dangerous waste unit is among other solid waste management units or areas of concern, and both the dangerous waste unit and one or more of the solid waste management units or areas of concern are likely to have contributed to the release.

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

post

- closure permits or amendments to the requirements for post

- closure permit applications. Given the fact that Ecology generally defers decisions about post

- clos ure permitting at most post

- closure facilities until after completion of cleanup under MTCA, the small number of facilities subject to post

- closure care in Washington, and the resources that would be associated with seeking review and authorization of

a st ate alternative to a post

- closure permit, Ecology determined that these regulations were not necessary at the time. Similarly, the regulations reducing the amount of information that must be submitted in a

post

- closure permit application were not necessar y. Regulations at WAC 173

- 303

- 840(b) and existing guidance on implementation of the federal hazardous waste program allow EPA and authorized states to determine that a post

- closure permit is complete even if the application does not contain all of the

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

7. Corrective Action Management Unit Rule Amendments (last update: 10/01/05) In 2005 , the State adopted EPA’s 2002 amendments to the Corrective Action Management Unit (C AMU) Rule. The amendments were written to facilitate treatment, storage and disposal of hazardous waste managed for implementing cleanup, and to remove disincentives. Significantly, the rule created a

definition for “CAMU

- eligible waste” and allows for o ff

- site disposal of CAMU

- eligible waste. While incorporating these changes, the regulations were restructured from one section (640) into several

sections (64610 through 646920) to make the rules less complex to read.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 38 IV. Public Involvement and Availabi lity of Information to the Public (last update: 10/01/05 )

Ecology will inform the public of major issues such as permit applications, petitions, proposed site

clean

- ups, proposed projects, and regulatory changes, and will consult interested and affecte d segments of the public before making important decisions. Ecology’s overall goal is to "provide knowledge to the public about dangerous waste issues that vitally affect the state, to encourage broader understanding of the public role in dangerous wastes and their proper management, and to promote an open dialogue between the public, industry, and government" (WAC 173

- 303

- 900).

To help further this goal of public involvement and participation in the decision making process, Ecology follows requirements , where applicable, in the following: Washington Administrative Procedure Act, Washington State Register Act of 1977, Public Records Act, State Environmental Policy

Act (SEPA)

, and 40 CFR Part 25 (Public Participation in Programs Under RCRA, the Safe Drink ing Water Act, and the Clean Water Act.

For the disclosure of infor mation to the public, Ecology uses provisions in Washington State law. Ecology's attorneys have certified the following in an Attorney General's Statement:

Information is available to t he public in a manner equivalent to the provisions of 40 CFR Part 2. Ecology will provide responses in no more than twenty days (as required by WAC 173

- 303

- 905), and generally, in much less time than this. Most information is generally available to the p ublic without the need to submit a formal request for disclosure ( for example , regulations, policy statements, pamphlets, annual report summaries, press releases). In addition, Ecology provides reasonable assistance to persons requesting information by he lping such persons identify the records sought and, where necessary, by helping in the preparation of disclosure requests.

Ecology provides the fullest possible disclosure of records and information sought by the public. This information is provided free of charge, with two exceptions. First, if extensive copying costs are involved, a fee may be charged. Second, if the information request involves significant costs from manipu lating existing information into new forms ( for example , preparing brand new r eports, conducting studies, correlating computer

- based data), a fee may be charged. The fees assessable under these two exceptions can be waived or reduced if Ecology determines that furnishing the information would be of primary benefit to the public a t large.

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

cedures and statutes of limitations. If a disclosure request is denied because a claim of business confidentiality could no t be resolved within the twenty

- day response period specified in WAC 173

- 303

- 905, then the response provided to the person requesting such information will specify that failure to resolve the business confidentiality claim is the cause of denial.

V. Revision of the State Prog ram (last update: 10/01/05)

When Ecology revises its hazardous waste regulations and procedures

, or substantively changes the hazardous waste program organization, EPA will be contacted and necessary modifications to the memorandum of agreement, and ot her documents will be determined . Ecology will modify the documents, as appropriate, and submit them to EPA for approval.

Ecology does not expect to transfer any of its authorized functions to any other State agencies.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 39 Ecology intends to continue upda ting its regulations by adopting Federal rules according to the rulemaking requirements. When Ecology finds that it is necessary to amend State laws or regulations due to EPA's promulgation of new regulations, then the State will proceed as follows:

A. S tatutory Changes (last update: 5/10/96)

Ecology will work with the State Legislature and appropriate committees to develop the necessary statutory language. The Washington State Legislature meets every year, so changes to State law should be accomplish ed within one year. If the statutory changes are controversial, two years may be necessary. Ecology believes that amendments to State laws can be provided in two years or less in all cases.

B. Regulatory Changes (last update: 10/01/05 )

Amendments t o State regulations are made in accordance with Chapter 34.0 5 RCW, Administrative Procedures Act, and are generally accom plished in two years or less. Ecology prepare s regulatory language in consultation with EPA to assure that EPA has time to review the state rule language

. Ecology has a lengthy, involved rulemaking process

. For example

, initial notification must be published in the State Register that rulemaking is being considered, and then a rule development plan must be

written prior to development of any rule language . Following approval of the rulemaking plan by the Program Manager, and preparation of rule language, Ecology files the proposed language with the State Code Reviser for publication in the State Register . The first public hearing may be held 20 days after the proposed amendments are published. The public comment period may end no sooner than one week after the last public hearing and generally lasts for thirty to forty

- five days. Ecology then prepares final amendatory language and f iles the final changes with the Code Reviser. O nce the proposed language appears in the State Register, the amendments must be adopted within six months. The amended regulations are usually effective thirty

- one days after adoption although the effective d ate may be later, if necessary. S imple amendments take as few as twelve months from the beginning of the rulemaking process to the actual effective date. More complicated changes may take as long as two years before the new rules go into effect.

PART II

PERMITTING REGULATIONS AND PROCEDURES

I. Introduction (last update: 10/01/05)

Both on

- site and off

- site facilities that want to treat, store, and/or dispose of dangerous wastes (TSDs), as well as facilities wanting to recycle dangerous wastes tha t are not specifically exempted by State regulation, are required to obtain a permit for these activities. Facility expansions and other major changes in design and/or operation are subject to permit modification regulations. Under conditions specified i n the regulations, certain facilities are allowed to continue operating under an interim status permit until they receive a final permit. The purpose of permitting treatment, storage, disposal (TSD) and recycling facilities is to ensure that all facilitie s are built and operated in a manner that will protect the public health and environment.

Ecology must coordinate proposed permits or major permit modifications with other State programs, including the State Environmental Policy Act (SEPA) and the Citizen /Proponent Negotiation (CPN) process. Both SEPA and CPN provide opportuni ties for public participation. SEPA requires broad evaluation of the impacts of a proposed facility, in part to "promote efforts that will prevent or eliminate damage to the---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 40 environ ment." CPN is a tool that communities can use to mitigate possible impacts of a new facility. Coordination with certain Federal programs, such as the Endangered Species Act, may also be needed.

In designing Washington's dangerous waste permitting progra m, Ecology adopted many of the requirements directly from the EPA regulations, although some were modified to reflect the differences between dangerous and extremely hazardous waste management practices or to address concerns in Washington State.

In the first several years after authorization of the State Hazardous Waste Program, Ecology concentrated on permitting new or existing (interim status) facilities considered high priority by both EPA and Ecology. Permitting priorities were determined using pro cedures that considered national permitting priorities. Completion of both permit actions that were in progress when the State program was authorized, and disposition of EPA

- issued permits after authorization were generally in accordance with EPA’s August 9, 1982 Program Implementation Guidance (PIG) 82

- 5. At the time of final authorization, only condition 5 in PIG 82

- 5 applied to Washington. Any permit actions taken prior to final authorization were joint actions by the State and EPA.

Under Chapter 1 73

- 303 WAC, the following types of dangerous waste permits exist: Permits by Rule (

- 802); Emergency permits (

- 804); Interim Status permits (

- 805); Final Status facility permits (

- 806); Trial Burns for Incinerator permits (

- 807); Demonstration for Land Trea tment permits (

- 808); and Research, Development, and Demonstration permits (

- 809).

The following sections describe, in general, how these categories of permits are handled and discuss the permit development, review, and approval process. Table 1, which can be found at t he end of this part, lists all operating facilities that have a final permit or In terim Status in Washington State.

Procedures for “joint” permitting are described in the Memorandum of Agreement (MOA). The State and EPA recognize that in instances where there are permit requirements for which the state is not authorized there will be two permit actions comprising the RCRA permit

- one by the state for requirements it is authorized for and the other by EPA for any permit requirements that the state is not
authorized for.

II. Interim Status Permits

- Existing Treatment, Storage, and Disposal (last update: 5/11/10 )

Existing TSDs (including recycling facilities) that attained Interim Status under Section 3005 of RCRA are

deemed to have an interim status permit under WAC 173

- 303

- 805(3) until it is replaced by a final status permit, or until the facility is closed. Facilities managing state

- only dangerous wastes are deemed to have an interim status permit if the facility complied with the n otification requirements of WAC 173

- 303

- 060 by May 11, 1982 and submitted a Part A application by August 9, 1982. Facilities that only qualify for State interim status and not federal interim status may not accept or manage RCRA regulated hazardous wastes

.

Compliance with an interim status permit requires all facilities to adhere to the interim status standards

cited in WAC 173

- 303

- 400 and

- 805. WAC 173

- 303

- 400 incorporates by reference federal regulations

at 40 CFR Part 265 Section 265.19 of Subpart B , Subparts F through R, Subpart W, Subparts AA, BB, CC (including references to Parts 60, 61, and 63), DD, EE, and Appendix VI. Ecology assures that the State's reference is current with EPA changes for Interim Status facilities by updating WAC 173

- 303

- 04 5; currently this section states that any EPA regula tions adopted (incorporated) by reference reflect federal rules in place on July 1, 200 7

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 41 Ecology also allows existing facilities that are not currently regulated to qualify for interim status if thei r activities become newly regulated by amendments to State regulations. To qualify, the owner/operator must

submit a Part A permit appli cation within six months of the date the new amendments are adopted. Facilities may qualify for state

- only interim st atus if they are only affected by State rule changes (WAC 173

- 303

- 805(4)); such facilities do not qualify for RCRA interim status unless they can otherwise qualify under

Section 3005.

Those facilities wishing to receive, or that are ordered by Ecology to apply for, a final status permit must submit a completed Part B application as defined in WAC 173

- 303

- 806 to Ecology within six months of its request. Late or incomplete Part B applica tions will be processed in accordance with the State's enforcement

po licy.

III. Final Status Facility Permits

A. General Information (last update: 7 / 18 /0 6 )

Final status permits are written by Hazardous Waste and Toxic Reduction (HWTR) headquarters staff, Nuclear Waste Program staff in Richland, or Industrial Secti on staff of the Solid Waste and Financial Assistance Program, depending on the type of facility. Permit modifications (see below) are handled either in the HWTR Program’s regional offices, by Nuclear Waste Program, or the Industrial Section, as appropriat e. Primarily, the HWTR headquarters permits staff or Nuclear Waste staff do research, demonstration, and development permits. As required and defined by EPA, permitting events used in the permit review and approval/denial process are tracked in the RCRA Information database (RCRAInfo); this is discussed in further detail in Part IV

- Data Collection and Management.

B. Final Facility Permit Regulations (last update: 10/01/05)

WAC 173

- 303

- 806(4)(a) specifies the general information requirements for all Part B permit applications (for example, general facility description, waste analysis plan, contingency plan, closure plan, insurance documentation, etc.), while WAC 173

- 303

- 806(4)(b) through

- 806(4)(l) stipulate specific information requirements for speci fic facility components or operations (for example, container storage units, waste piles, drip pads, process vents, etc.)

All of these information requirements for the Part B permit application are designed to reflect the minimum standards for the manag ement of dangerous wastes established in WAC 173

- 303

- 600 through

- 695 and in WAC 173

- 303

- 283 through

- 395. Where construction of a surface impoundment, waste pile, or landfill unit will take place, a construction quality assurance program is required unde r WAC

173

- 303

- 335; this program must be developed and implemented under the direction of a registered professional engineer. Information required in the Part B permit application is used by Ecology to determine compliance with minimum design, performance, and operating standards.

In addition to design, performance, and operating standards, WAC 173

- 303

- 620 specifies the financial liability and financial assurance requirements for waste management facilities. Additionally, WAC 173

- 303

- 646 requires facili ties seeking a permit or required to have one to carry out any required corrective action, and to provide financial assurance so that necessary corrective action can be carried out. Finally,

WAC 173

- 303

- 810 establishes general permit conditions for all pe rmits except permits by rule and interim status permits (for example, duty to comply with permit conditions, duty of proper operation and maintenance, etc.).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 42 There are special additional Part B information requirements and special design, construction,

p erformance, and/or operating standards for certain specific facility components or processes. Several of the more important requirements are indicated below:

Miscellaneous Units

- Owners and operators of units that treat, store, or dispose of hazardous wa ste in miscellaneous units must comply with the general permitting requirements, and requirements specifically designed to ensure protection of human health and the environment considering the management activities proposed. Miscellaneous units must also meet environmental performance standards and requirements for monitoring, testing, analytical data, inspection, response and reporting procedures, and closure.

Incinerators

- Existing incinerator facilities must conduct a trial burn before a final permit can be issued. For new incinerators, the final permit includes an approved trial burn plan. Because a new facility may not be constructed until the final permit is issued, the trial burn is also conducted following issuance of the final permit. The per mit is then modified if results of the trial burn indicate different operating

conditions are needed.

State incinerator permitting rules are essentially identical to federal rules. Both allow parallel units of identical design burning essentially identi cal wastes to qualify for an exemption from trial burns. In practice, however, trial burns are required for nearly all incinerators.

C. New Facility Permits

- Additional Requirements (last update: 5/11/10 )

Planned new (that is, those not having interim permits) facilities must complete both Parts A and B for a final facility permit. Before preparing the permit application, however, the owners/operators of the proposed facility (or facility expansion) must submit a Notice of Intent to the Department of Ecology. WAC 173

- 303

- 281 specifies the information that must be contained in this Notice of Intent; of particular note is the necessity to demonstrate compliance with the siting criteria specified in WAC 173

- 303

- 282. The Notice of Intent also triggers i nitial stages of the Citizen/Proponent Negotiation process in WAC 173

- 303

- 902 EPA’s expanded public participation requirements were adopted in 2000. These requirements include pre

application public meeting and notice requirements, which are included at W AC 173

- 303

- 281. Ecology adopted new regulations in 2009 that exempt recycling facilities from siting criteria and citizen/proponent negotiations. Under limited conditions recycling facilities applying for a RCRA storage permit do not have meet siting cri teria or go through citizen/proponent negotiations

. Also, certain existing TSDs planning on a significant expansion are exempt from the citizen/proponent negotiations.

IV. Other Types of Dangerous Waste Management Facility Permits

There are a number of more specialized types of dangerous waste management facility permits that are provided for in Washington's regulations. These are not frequently used and are not discussed in great detail; the section in the Dangerous Waste Regulations covering each permit type is given:

A. Permit by Rule (PBR) (last update:10/01/05)

Ocean Disposal

- WAC 173

- 303

- 802(2)

- Ocean disposal barges or vessels. The PBR requirements of the State are identical to federal standards;

Underground Injection Wells

- WAC 173

- 303

- 802(3)

- The PBR requirements pro hibit underground injection of extremely hazardous waste. They require compliance with 40 CFR 144.14 and all appli

cable State waste discharge permits and conditions;---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 43 Publicly Owned Treatment Works (POTWs)

- WAC 173

- 303

- 802 (4)

- POTWs are subject to State PBR requirements that are identical to federal standards, except that POTWs may not accept extremely hazardous waste for disposal. State PBR rules specifically exclude dangerous waste discharges to POTWs, unless the POTW ha s an appropriate water quality NPDES permit;

Totally enclosed treatment facilities and elementary neutralization and wastewater treatment

units

- WAC 173

- 303

- 802(5)

- Totally enclosed treatment facilities and elementary neutralization units that

treat stat e

- only dangerous waste generated on or off site, or federally regulated hazardous waste generated on site can qualify for PBR if they meet certain conditions that are listed below. Also, wastewater treatment units that treat dangerous waste generated on or off site can qualify for PBR if the waste they receive from off site is generated from within the same industry and will be effectively treated by their unit. The conditions that all of these facilities must meet to qualify for PBR include notification a nd identification numbers, designation of dangerous waste, general waste analysis, security, contingency plan and emergency procedures, the manifest system (when applicable), records, reporting, and general performance standards. They must also have eithe r an NPDES permit (National Pollution Discharge Elimination System), State waste discharge permit, or a pretreatment permit that covers the waste stream and constituents being discharged. If the facilities or units pose a threat or fail to comply with the PBR conditions, Ecology may require compliance with all the facility standards and require a full permit.

B. Emergency Permit

- WAC 173

- 303

- 804 (last update: 5/10/96)

Ecology may issue an emergency permit to allow for treating, storing, or disposing wastes at facilities that either are not permitted (including interim status), or, if permitted, are not authorized at the time to manage the particular waste. Emergency permits will only be issued if doing so will alleviate imminent

and substantial threa ts to public health and the environment. The requirements for state

- issued emergency permits are identical to the federal requirements of 40 CFR 270.61.

C. Trial Burns for DW (Dangerous Waste) Incinerator Final Facility Permit

- WAC 173

- 303

- 807 (last upd ate: 10/01/05)

Trial burns are conducted for incinerators for purposes of determining operational readiness and establishing conditions to be included in the final permit. For new incinerators, the period of operation beginning with the initial introduct ion of waste and ending with the initiation of the trial burn may not exceed seven hundred twenty hours (with an additional seven hundred twenty hour extension for good cause, if requested by the applicant). The trial burn must be conducted in accordance with a trial burn plan prepared by the applicant and approved by the department. In general, during a trial burn emissions will be comprehensively monitored while the incinerator is operated under the most demanding conditions for which it will be permitt ed. This helps to ensure that if emissions are acceptable during the trial burn, they will be acceptable during actual operations.

D. Demonstrations Permit (for Dangerous Waste Land Treatment Final Facility Permit)

- WAC 173

- 303

- 808 (last update: 5/10/ 96)

Ecology may issue a land treatment demonstration permit either in advance of or as part of a final facility permit so that the owner/operator of a land treatment facility can make the demonstration required in WAC 173

- 303

- 655(3). If issued in advance of the final facility permit, the land treatment demonstration permit will be issued as a demonstration permit only (WAC 173

- 303

- 808(3)); if issued as part of the final facility permit, the land treatment demonstration and final facility permit will be is sued as a phased permit (WAC 173

- 303

- 808(4)).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 44 E. Research, Development, and Demonstration Permit

- WAC 173

- 303

- 809 (last update: 10/01/05)

A research, development, and demonstration permit may be issued for a hazardous waste treatment facility that propos es an innovative and experimental hazardous waste treatment technology or process. The permit must included terms and conditions necessary to protect human health and the environment, ensure financial responsibility of the owner and operator, and provide i nformation on the operation of the experimental treatment. These permits can be issued for one year of operation, and can be renewed no more than three

times.

V. Permit Modifications (last update: 10/01/05)

Washington's TSD (treatment, storage, and disposal facilities) permitting regulations provide for three classes of permit modifications for owners and operators of TSDs (WAC 173

- 303

- 830(4)). Permit modifications provided for in the regulations are designed to allow flexibility to change specified permit requirements, expand public notification and participation opportunities, and allow for expedited approval if no public concern exists for a proposed permit modification.

The three classes of permit modifications are:

Class 1

- covers routine change s, such as changing typographical errors, upgrading plans and records maintained by the facility, or replacing equipment with functionally equivalent equipment;

Class 2

- addresses common or frequently occurring changes needed to maintain a facility's capa bility to manage wastes safely or to conform with new regulatory requirements;

Class 3

- covers major changes that substantially alter a facility or its operations.

State regulations differ from federal rules regarding permit modifications only in that th ree types of modifications are considered class 2 modifications, rather than class 1 modifications, by the State. These are: decreased rate of waste application by land treatment units, changes based on a demonstration test to any permit condition for a l and treatment unit, and changes to allow a second land treatment demonstration.

VI. Permit Review and Approval/Denial Process for Existing and New TSD (Treatment, Storage, and Disposal) Facilities

A. Ecology Review and Approval/Denial (last update: 10/01/05)

Ecology, through its permitting process, ensures that all requirements and conditions described in WAC

173

- 303

- 800 through

- 845 are followed. During the permitting process Ecology will: Provide assistance to applicants. Receive and review appl ications, including financial assurance review.

Conduct site evaluations. Assure analysis of air, water, and/or soil samples as necessary. Call for Part B permit applications. Review and make completeness determinations on Part B permit applications.

Revie w revised applications, prepare review comments, and discuss needed changes and additions with applicant. Review and approve financial assurance documents. Issue draft permit decisions and fact sheets or statement of basis for permit decisions.

Coordinate with EPA during the review process.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 45 Open comment period, issue public notice, hold public hearings when necessary, and establish

administrative record. Ensure application completeness, and that closure/post

- closure and financial require ments are met prior to permit issuance and in accordance with State enforcement policies. Coordinate State Environmental Policy Act compliance with the appropriate city or county. Advise local citizens within the area potentially affected by the proposed facility (or facilit y modifications) of: the Citizen/Proponent Negotiations process provided by WAC 173

- 303

- 902; State Environmental Policy Act requirements; and the dangerous waste management permit

process. Respond to public comment on the draft permit decision and issue fi nal permit actions. Process changes to permits, including: Transfers, Modifications, Revocations, Reissuance, and

Terminations. Ensure proper judicial review of permits in cases of appeals of permit decision. All formal EPA permitting/milestone events unde rtaken during the permit review and approval/denial process are tracked in the RCRA Information System (RCRAInfo), as discussed in Part IV (Data Collection and Management).

All permit applications submitted to Ecology must be signed and certified in accor dance with WAC

173

- 303

- 810(12) and (13).

When reviewing applications and writing permits Ecology ensures that all appropriate information is provided and required conditions are met. Appropriate engineering and hydrogeologic analysis, professional jud gments and technical expertise, as well as EPA guidance and checklists that include both Federal and State requirements are used to do this.

Ecology has used a traditional process for reviewing permit applications, and in the mid

- 1990s instituted

an exp edited permit review process. The expedited review process relies on regular meetings between Ecology and the applicant to discuss needed changes. The attached flow charts (Figures 2 and 3) describe the order of events, lines of responsibility, intra

- an d interagency relationships that occur in the permit process, and the traditional and expedited review processes.

B. Judicial Review of Permits (last update: 5/11/10 ) WAC 173

- 303

- 845 states that any person who is adversely affected by a decision of E cology under Chapter 173

- 303 WAC may appeal the decision to the Pollution Control Hearings Board pursuant to Chapter 43.21B RCW. The Pollution Control Hearings Board Act, WAC 371

- 08

- 255, states that in the event the board determines that a permit issued b y Ecology under Chapter 173

- 303 WAC is invalid in any respect, the board will issue an order remanding the permit to Ecology for reconsideration and

appro priate action consistent with the provisions of said order and federal and State law. Any further

ap peals will be to the superior court of the State of Washington and follow procedures per Chapters 43.21B and 34.05 RCW (Revised Code of Washington).

In practice, Ecology has been able to negotiate settlements with most appellants prior to going through

fo rmal Board action. These settlements can take as long as a year, with numerous discussions and negotiations. Thus, the HWTR (Hazardous Waste/Toxics Reduction) Program typically negotiates

settlements that the Board ratifies. The Ecology Nuclear Waste Pro gram and the Industrial Section (within the Waste 2 Resources Program) also issue permits that may be subject to judicial review, and may opt to negotiate settlements with appellants prior to formal Board action

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 46 Figure 3. Permit Process for Dangerous Was te Facilities---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 47 Department of Ecology March 2001---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 48 Table 1. Permits for Hazardous Waste Facilities

(last update: 5/11 /2010

Facilities that have been permitted (permit may be expired) or have Interim St atus :

1. Burlington Environmental (PSC)

- Kent

2. Burlington Environmental (PSC)

- Tacoma

3. Emerald Services

– Tacoma

4. BPA

– Ross

5. Naval Undersea Warfare Center (NUWC)

– Keyport

6. Permafix

– Richland

7. AREVA NP

– Richland

8. Hanford

9. Emerald Kalama

- Kalama

10. Bay Zinc

– Mox ee City

11. Puge t Sound Naval Shipyard

12. Intalco/Alco

– Ferndale

13. Conoco Philips

- Ferndale

PART III

COMPLIANCE MONITORING AND ENFORCEMENT

Note: Appendix 1 contains the full text of the Hazardous Waste/Toxic Reduction Program’s (HWTR) Compliance Assuran ce Policy (January 19, 2000). The Policy is also implemented by the Nuclear Waste Program and the Industrial Section (within the Waste 2 Resources Program) as it applies to their work. The following narrative on Compliance Monitoring and Enforcement

incl udes a summarization and, in some cases, elaboration, of information contained in the Compliance Assurance Policy. In particular, Section IV (“Enforcement Procedures”) summarizes, explains and elaborates material in the Compliance Assurance Policy. The na rrative is meant to

offer a stand

- alone description of HWTR’s compliance monitoring and enforcement policies for the reader not needing the specific formal details of enforcement procedures contained in the Compliance Assurance Policy.

I. Authority ( last update: 10/31/01)

Under the provisions of the Revised Code of Washington (RCW) 70.105.080 and .095, Ecology has been given the authority to take enforcement action against any violator of the State's dangerous waste laws and regulations. This author ity includes the ability to levy civil penalties up to a maximum of $10,000 per day of noncompliance per violation, order compliance with the regulations, and impose penalties for noncompliance with such orders. Provision is also made for appeal of departm ental actions to the Pollution Control Hearings Board by the directly affected party.

RCW 70.105.120 gives Ecology the authority to seek injunctive relief. Thus, Ecology has authority to direct the attorney general to bring suit on behalf of the State, o r take other action as may be necessary, to immediately restrain any person contributing to handling, storage, treatment, transportation, recycling, or disposal of any dangerous or solid waste in a manner that may present an imminent and substantial endang erment to health or the environment. This authority is incorporated into WAC 173

- 303

- 960(2).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 49 RCW 70.105.090 makes certain violations a gross misdemeanor and provides for criminal sanctions. Additionally, Section 15 of Initiative 97 amended Chapter 70.10 5 RCW to provide for strict liability for knowing endangerment of persons or property, with such offenses constituting a felony.

The United States Environmental Protection Agency has authorized the State of Washington’s Hazardous waste program pursuant to the federal Resource Conservation and Recovery Act (RCRA). This authorization includes enforcement of the RCRA program through the Dangerous Waste Regulations, Chapter 173

- 303 WAC. Ecology/EPA agreements are developed as needed.

II. Facility Inspection s/Visits (With and Without Target Numbers) and Selection Criteria

A. Introduction (last update: 10/01/05)

The goal of the Program's compliance monitoring and enforcement efforts is to ensure that facilities are operating in compliance with RCRA's requi rements in an effort to reduce environmental risk and protect

human health.

The State Hazardous Waste Plan was written in 1992 (publication #92

- 05) and updated in 1994 (publication #94

- 143). It includes generator and TSD (treatment, storage, and disposal facilities) inspection recommendations for addressing resource availability, contact frequency, and for measuring and monitoring compliance. A summary paper was also prepared regarding Ecology's contact frequency with hazardous waste generators. This pa per discussed the various methods used by Ecology to contact generators to provide technical assistance on regulation compliance and pollution prevention. In 2004, Ecology updated the plan, this time giving it a more comprehensive and innovative focus tow ards the future. It is now a combination solid and hazardous waste plan that is referred to as “Beyond Waste”. Ecology’s Beyond Waste vision for the future is that “We can transition to a society that views wastes as

inefficient uses of resources and bel ieves that most wastes can be eliminated. Eliminating wastes will contribute to environmental, economic and social vitality.” The updated plan and related Beyond Waste

documents can be seen at www.ecy.wa.gov/beyondwaste/finalplan.html . Two key documents

- A Brief Guide to the Washington State Beyond Waste Plan , publication # 05

- 04

- 011 and Summary of the Washington State Hazardous Waste Management Plan and Solid Waste Management Plan: Final Pla n , publication # 04

- 07

- 022 are available, in addition to other Ecology publications, from Ecology’s Publication Office at (360) 407

- 7472.

While the HWTR Program continues to strengthen regulatory compliance through aggressive and timely inspection and enfo rcement efforts, the Program’s primary approach to achieving compliance is to offer technical assistance and informal enforcement to help businesses understand and voluntarily comply with environmental regulations. This approach is used before resorting t o formal enforcement unless there is an imminent threat to human health or the environment, or repeated non

- compliance with regulations deemed important enough on which to spend limited state resources. The Program also aggressively pursues a strong compl iance education component. Examples of this education component include: production of industry

- specific educational materials on waste reduction, treatment, and disposal; development of industry

- specific workshops; enhancement of generator workshops; and continuation and strengthening of technical hazardous waste periodicals such as Shoptalk.

B. Mandatory Inspections (last update: 4/15/01)

EPA has set priorities for the frequency of Treatment, Storage, and Disposal (TSD) facility inspections. Inspecti ons are to occur using the following schedule:---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 50 TSDs (general inspection)

- Once every 2 years Federally Owned TSDs

- Yearly Land Disposal Facility

- Once every 2 years

RCRA requires the State to commit to inspecting some non

- specified number of fully r egulated large quantity generators (LQG) each year. EPA's suggested twenty percent ( 20%) of the universe of fully regulated LQGs has been used as Ecology's guideline for the number of LQGs inspected each year.

C. Non

- Mandatory Inspections/Visits (last update: 02/03/06 )

In addition to inspections mandated by EPA, Ecology annually undertakes a substantial number of additional inspections and facility visits. These include:
 State Priority Inspections (including public complaint responses)
 Compliance Ass istance (e.g., New Notifier, Focused Industry Campaign visits)
 Multimedia Inspections
 Criminal Investigations

Because of Ecology's emphasis on voluntary compliance, many compliance

- related facility visits are considered compliance assistance visits . Foll ow

- up may include a letter providing for self

- reporting of correction of regulatory infractions. (See Appendix 5 for specific details regarding the “inoperative” status of House Bill 1010 on Dangerous Waste Compliance Inspections.)

All of these visits, wi th the exception of certain compliance technical assistance visits, are recorded in

RCRA I nfo (Resource Conservation and Recovery Act Information System) if the site is a notified generator. Violations of Dangerous Waste Regulations determined as a result o f Compliance Assistance visits are discussed with business operators, but are not recorded and tracked in RCRIS.

Following is a brief description of the above listed categories of facility inspections/visits:

1. State Priority Inspections

These are formal inspections with possible enforcement follow

- up that are performed at each region’s discretion. Decisions on which facilities to inspect may be based on a number of criteria such as citizen complaints, past compliance record, type of facility, etc.

2. Compliance Assistance Visits Ecology staff conducts a variety of different types of compliance assistance visits, including New Notifier visits, Increased Generator Contact visits, Joint Site Visits, Focused Industry Campaign visits, and Small Quantity Gen erator visits. Each of these have originated for differing purposes, but the overall goal is to make business operators aware of hazardous waste requirements, provide targeted information on how regulations apply to their business, and offer information o n means to gain voluntary compliance with the requirements.

a. New Notifier Visits These are visits to facilities that have recently notified EPA and the Department of Ecology of their existence, but have not yet been inspected. The purpose of these visi ts is to provide new

- notifiers with necessary information about the regulatory requirements for their facility; it is hoped, then, that future inspections will result in fewer compliance issues needing to be addressed. The visit is only to supply the faci lity with regulatory information, and requires no formal write up, although the facility

is often sent a follow

- up letter with additional information.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 51 b. Increased Generator Contact Visits As part of Ecology's push towards voluntary compliance, a concerted effort is being made to contact as many generators in the State as possible with basic information on dangerous waste regulations. High volume of facility contacts is a major objective of Increased Generator Contact Visits. They are designed to be very short (less than 30 minutes), strictly voluntary informational visits targeted mainly at small and medium quantity generators. The point of the visit is to make them aware of the substantive dangerous waste regulations, answer any questions, leave basic w ritten material, and initiate communication with Ecology. These visits tend to be geographically based, focusing on a business park or a similar, relatively small area.

c. Joint Site Visits Hazardous Waste (HW) Compliance Inspectors and Toxics Reduction staff conducts visits jointly; compliance and technical information and assistance are provided. Whether the lead staff person is a Compliance Inspector or a Toxics Reduction staff depends upon the primary purpose of visit.

d. Small Quantity Generators ( SQGs) SQGs include both notifiers and non

- notifiers. The determination of which of these facilities to inspect varies based on regional priorities, needs, and interests. Many inspections are the result of complaints, such as dumping antifreeze, solvents, etc. Many counties have well developed moderate risk waste programs and often inspect SQGs; however, all enforcement authority remains with Ecology.

e. Focused Industry Campaigns Ecology has found that a concerted compliance education effort targeted at generators belonging to specific industries is an efficient and effective use of resources and obtains desired compliance results from generators. A focused industry campaign involves working with an industry's professional organizations to develop educa tional material on dangerous waste regulations and issues specific to that industry; pollution prevention options are also addressed. Ecology then contacts and/or visits as many facilities belonging to the particular targeted industry category as possible

. Ideally, Ecology attempts to visit all facilities in the State belonging to the targeted industry that have, or should have, RCRA ID numbers; in cooperation with Ecology, local agencies conduct visits to SQGs (those who have no RCRA ID numbers) within t he targeted industry.

3. Multimedia Inspections These inspections are conducted in conjunction with other Ecology Programs or EPA investigators for the purpose of determining compliance with multiple environmental laws and regulations. This type of insp ection may result in enforcement follow

- up. They are performed at each Region's discretion or through EPA's level D program. These commonly result from public complaints.

4. Criminal Investigations Criminal prosecution at Ecology is the responsibility of Ecology's criminal investigators; they work closely with EPA Region 10 criminal investigators. Ecology criminal investigators conduct site visits under search warrants to obtain physical evidence, samples, and witness or perpetrator statements

relevant to possible criminal activity. Hazardous Waste/Toxics Reduction Program civil inspectors frequently participate as technical advisors during these search warrant investigations.

D. Corrective Action Compliance Monitoring (last update: 10/01/05)

NOT E: The following information on Corrective Action is meant to summarize certain aspects of Hazardous Waste/Toxics Reduction Program’s (HWTR) Corrective---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 52 Action procedures that may be of interest to the reader wanting a comprehensive overview of the Program . This Section does not supersede HWTR’s November 4, 1994 Corrective Action Program Description. The Corrective Action Program Description should be consulted for detailed and/or definitive information on HWTR’s Corrective Action policies, procedures, fu nding, staffing, etc.

Under RCRA Section 3004(u), corrective action is required for releases of hazardous waste and hazardous constituents from any solid waste management unit at a hazardous waste treatment, storage, or disposal facility subject to a RCRA permit, regardless of when the waste was placed in the unit. Financial assurance for the completion of corrective action is required. Under RCRA Section 3004(v), corrective action is also required for releases of hazardous waste and hazardous constituen ts that have migrated beyond the boundary of such a TSD (treatment, storage, and disposal) facility. In Washington
State, WAC 173

- 303

- 646 provides the implementing regulations for corrective action.

Whenever possible, Ecology integrates compliance monito ring activities for corrective action with other compliance monitoring activities. Ecology may perform the following five compliance monitoring tasks for corrective action implementation:

1. Corrective action compliance monitoring inspections

Corrective a ction compliance oversight inspections are used to monitor the bulk of corrective action compliance field activities. These oversight inspections monitor site activity as required in the corrective action order or permits, and confirm that the owner/opera tor is progressing with corrective action investigations, studies or implementation consistent with progress being reported. Corrective action compliance monitoring inspections may include sampling.

2. Comprehensive groundwater monitoring evaluations

A c omprehensive groundwater monitoring evaluation is a detailed assessment of the adequacy of the design and operation of a facility's groundwater monitoring system. They include review of the owner/operator's characterization of the hydrogeology beneath dan gerous and solid waste management units, monitoring well placement, depth, spacing, and well design and construction. They also include a review of the operation of the groundwater monitoring system through an evaluation of the owner/operator's sampling a nd analysis plan, and its implementation.

3. Operation and maintenance inspections Operation and maintenance inspections are conducted by Ecology hydrogeologists to assess how well a groundwater monitoring system is functioning. Operation and maintenanc e inspections focus on the conditions of the wells and sampling devices. They include a review of adequacy of the facility’s sampling procedures and methods, if sampling can be coordinated with the assessment.

4. Case development inspections Case develop ment inspections are intensive investigations to gather sufficient information to determine if enforcement is appropriate and provide evidence and documentation to support an enforcement action. Case development inspections are resource intensive investig ations, and may include sampling of all media and/or extensive documentation of record keeping violations.

5. Compliance schedule inspections A compliance schedule inspection is an on

- site inspection or other reevaluation conducted to verify compliance wi th enforcement actions, to verify compliance with a corrective action schedule, or to review deficiencies noted in a previous inspection.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 53 III. Enforcement Procedures (last update: 10/01/05)

N OTE : Appendix 1 contains the full text of Hazardous Waste /Toxics Reduction Program’s (HWTR) Compliance Assurance Policy. The following narrative on
Enforcement Procedures includes a summarization and, in some cases, elaboration of, information contained in the Compliance Assurance Policy. The narrative is

mean t to offer a stand

- alone description of HWTR’s compliance monitoring and enforcement policies for the reader not needing the specific formal details of enforcement procedures contained in the Compliance Assurance Policy. Please refer to Appendix 1 for a f ormal presentation of HWTR’s compliance assurance policies.

In enforcement cases, HWTR Program staff consider the full range of enforcement options available and choose the type(s) of action that will achieve, in a fair manner, full compliance with danger ous waste laws and regulations. Before formal enforcement options are considered, the HWTR Program is committed to offering technical assistance and informal enforcement to help businesses understand and voluntarily comply with environmental regulations. (See Appendix 4 for limitations related to federally delegated portions of the State’s hazardous waste program.) Violations that cause serious actual or imminent threats to human health or the environment will be acted upon immediately.

It is Ecology's i ntent to make enforcement response decisions and to issue enforcement response in a timely manner. In general, technical assistance and informal enforcement responses will be issued within 30 days of the determination of a violation. A “reasonable time” will be given to correct any compliance violations. “Reasonable time” will be determined by considering the types of violations and the degree of threat to human health and the environment. However, whenever practical, all actions issued should require c ompliance within 90 days of violation notification.

The HWTR Program will make every effort to issue formal enforcement actions within 90 days of the determination of a violation. However, in certain complex investigations a longer period may be required to develop an appropriate formal enforcement response; in these cases, up to 180 days will be allowed prior to issuance of an action.

Ecology's enforcement actions are divided into informal, formal, and criminal responses.

A. Informal Enforcement ( last update: 10/01/05)

Informal enforcement tools are generally appropriate for violations encountered during first time visits to a facility and/or to address minor violations, and may include:
 Certified warning letters, with required compliance sched ules and return certifications.
 Verbal warning and/or instructions (e.g. telephone calls, field directives).
 Standard Dangerous Waste Compliance report.

Informal enforcement action will not result in penalties when a business operator completes necessar y actions to comply with regulatory requirements within what Ecology considers a reasonable time. They will, however, be part of the public record for a facility.

B. Formal Enforcement (last update: 10/01/05) Formal enforcement action may be taken to address imminent threats to human health and the environment and other conditions which cause a facility to be classified as a Significant Non

- Complier.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 54 A Significant Non

- Complier is a facility that: a) has caused actual, or substantial likelihood, of exp osure of humans or the environment to hazardous waste or hazardous waste constituents; or b) is a chronic or recalcitrant violator of hazardous waste regulations; or c) has violation(s) which deviate substantially from the conditions of a permit, order, ag reement, or hazardous waste statutory or regulatory requirement. Formal enforcement actions may also be used when informal enforcement does not achieve compliance.

All violations and formal enforcement actions are tracked in the RCRAInfo system, as discus sed in Part IV (Data Collection and Management).

Formal enforcement actions may include:

1. Administrative orders

. Administrative orders direct the respondent to take a specific course of action within a specified time to achieve compliance. Administrat ive orders are unilateral actions, issued by Ecology pursuant to statutory authorities. Administrative orders issued pursuant to Chapter 70.105D RCW (Corrective Action) may be reviewed only in Superior Court; orders regarding other DW regulations may be

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

2. Agreed Order Agreed Orders are negotiated agreements between Ecology and a regulated respondent. Agreed orders may be negotiated in lieu of an administrative or der, or as resolution of an administrative order; Agreed Orders are not filed in a court of law. Agreed orders direct a specified action or actions that must be taken by the respondent within a specified schedule. Agreed orders may contain provisions for administrative dispute resolution, enforcement, and/or stipulated penalties.

3. Consent Decree Consent Decrees are legally binding negotiated settlements. Consent decrees must be signed by the Ecology division of the State Attorney General's office and be filed in Superior Court. Consent decrees are enforceable by the courts. Failure to comply with a consent decree may subject the violating party to contempt of court charges.

4. Injunctive Relief Ecology has the authority to seek injunctive relief in cases of significant violations and/or severe environmental or human health risk. Injunctive relief is sought in Superior Court, and is generally initiated only after the violator has been notified of the violation and consequences of non

- compliance,

and has refused to take appropriate action.

If this occurs, Ecology can request that the attorney general request injunctive, declaratory, or other actions to enforce any requirement of chapter 70.105 RCW. RCW 70.105.120 states that “at the request

of the department, the attorney general is authorized to bring such injunctive, declaratory, or other actions to enforce any requirement of this chapter”.

5. Penalties Ecology may assess penalties of up to $10,000 per day per violation for failure to comply with any requirement of Chapter 70.105 RCW (Revised Code of Washington) and any regulations adopted pursuant to it. The amount of a penalty is determined by classifying the violator, reviewing specific violations, evaluating discretion factors, and using enfo rcement examples. For further details on penalty determinations, please refer to the Compliance Assurance Policy included as Appendix 1.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 55 C. Criminal Prosecution (last update: 10/01/05)

Generally, Ecology will seek criminal sanctions only when violatio ns are continued or repeated despite formal agency notification of the violation and its possible consequences. In cases of blatant disregard for human health or the environment, Ecology may seek immediate criminal sanctions. The intent of

criminal enfor cement is to obtain compliance of the violating facility, and through deterrence, the rest of the regulated community. The operating assumption is that willful, knowing violators of environmental laws should be dealt with in the criminal court system. Th is promotes compliance by serving as a deterrent to other members of the regulated community.

Ecology can pursue both civil and criminal enforcement actions concurrently. However, once a case has been referred to criminal investigators for action, good c ommunication between civil and criminal investigators is essential. During a criminal investigation all other regulatory or administrative actions should continue to occur, such as inspections, responses to complaints, normal permitting activities, civil enforcement, and other routine administrative matters.

Criminal prosecution requires a higher standard of proof than civil/administrative proceedings. In order to prevail in a criminal case, Ecology must prove beyond a reasonable doubt that the regulated entity knowingly intended to violate State law. Criminal prosecution at Ecology is the responsibility of Ecology's criminal investigators, who work closely with criminal investigators at EPA Region 10 and other law enforcement agencies.

IV. Appeals and Settlement Procedures

A. Appeals Process (last update: 10/01/05)

Once a penalty or order has been issued, the violator has a right to appeal. An appeal may take one of two forms: 1) an Application for Relief filed with Ecology for penalties, and/or 2) an Appeal filed with the Pollution Control Hearings Board (PCHB) for orders or penalties.

1. Application for Relief A violator has fifteen calendar days, from the enforcement action delivery date, to file an Application for Relief with Ecology. Ecolog y must acknowledge receipt of the Application by letter within 30 days. In the Application for Relief, the violator can state why they feel the enforcement action is inappropriate, and can present new relevant facts regarding the violation. The violator m ust sign the Application for Relief in the presence of a notary.

Ecology considers the information in the Application for Relief and determines if the enforcement penalty is to be canceled, affirmed, or reduced. In conformance with Ecology's Enforcement Policy, penalties will not be mitigated based on improvements to facilities or commitments to improve facilities when such improvements were legally required prior to the issuance of the enforcement action. Penalties will only be canceled or mitigated whe n additional facts relevant to the violations cited are brought to Ecology's attention.

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

Relief which either affirms, mitigates or cancels the penalty assesse d. The decision to mitigate, cancel, or affirm should include consideration and discussion of the argument(s) provided by the v iolator in the Application F or Relief.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 56 2. Appeal to the Pollution Control Hearings Board Any party feeling aggrieved by a final decision made by Ecology has the right to appeal to the Pollution Control Hearings Board (PCHB). The appeal must be filed directly with the PCHB within thirty days of receipt of the enforcement action or Ecology's response to the application for relief. A copy of the appeal is sent to Ecology Division of the Attorney General’s Office and Ecology’s Fiscal Office by the appellant. The PCHB will set a hearing date; at the hearing the case will be reviewed, both sides can present their arguments, and the PC HB will make a determination. Both the violator and Ecology have the right to appeal the PCHB determination to Superior Court.

B. Innovative Settlement Procedures (last update: 10/01/05)

Note: Ecology’s Innovative Settlement

- Policy Guidance is present ed in Appendix 2.

Currently, Ecology is limited by law as to what its initial formal compliance enforcement actions can be: orders, penalties, and criminal actions. But once a violator appeals an enforcement action to the PCHB (Pollution Control Hearing Board), the violator has the option of settling with Ecology prior to the PCHB hearing. The full range of options is considered during the settlement process. Generally, the violator's attorney will seek resolution by contacting the assistant attorney g eneral in charge of the case. All settlement offers are handled through the State Attorney General’s (AG) Office in conjunction with the staff who originated the action.

Innovative enforcement settlements can be considered only during the settlement proc ess. The AG's office, in consultation with the regions/programs, must be involved in all innovative settlements. While such settlements are not new to Ecology, their use should be encouraged when it is felt that they will improve compliance and have a be neficial impact on the environment.

Currently, funds from penalties assessed by the H WTR Program are deposited into the State general fund. Once in the general fund, the money may or may not be used for environmentally beneficial projects. The use of in novative settlements makes it possible to direct money into projects that will directly benefit the environment and that have some relationship to the violations that resulted in the penalty.

1. Innovative Enforcement Settlement Guidelines

 A penalty must be issued
 Only permissible after appeal to the Pollution Control Hearings Board (PCHB)
 Project should benefit the environmental medium that was impacted by the violation
 Project should be structured so that the violator does not receive an economic reward or tax benefit. The economic impact should at least be equal to the penalty amount and should take into account economic benefit gained by the violator while they were in noncompliance.
 Project may not be something that is already required by law, permit , or order, or that they have already done or were going to do anyway.
 Keep good documentation and develop a catalogue of innovative actions

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

settlement often requires the violator to provide funds for a variety of environmentally beneficial

activities.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 57 Examples of past innovative settlements include: funding for local Hazardous Materials teams, violator sponsored seminars, newsletters, stream clean

- ups, household hazardous waste collection, and public

education.

2. Innovative Settlement Process Steps

1. A penalty is assessed by Ecology.

2. The violator submits an Application for Relief.

3. Ecology denies or mitigates the Application for Relief.

4. The violator files an Appeal to the Pollution Control Hearings Board.

5. Prior to the Pollution Control Hearings Board final hearing, Ecology, in conjunction with the Attorney General's Office, negotiates an innovative settlement. The settlement may include stipulated penalties.

6. The violator withdraws the Appeal to the Pollution Control Hearings Board, and Ecology and the violator submit the settlement agreement to the Pollution Control Hearings Board for approval.

7. The violator implements the actions required by the settlement agreement, with Ecology oversight, and provides documentation of completion of the settlement action(s).

(Note: If the violator chooses to appeal directly to the PCHB, steps 4

- 6 are followed.)

V. House Bill s:

A. HB 1010

- Chapter 43.05 RCW Tec hnical Assistance Programs (last update: 5/1 1/10 ) As a part of the Regulatory Reform Act of 1995, the Washington State Legislature adopted ESHB 1010, codified at Chapter 43.05 of the Revised Code of Washington (RCW). HB1010 was developed by the

Governor' s Regulatory Reform Task Force out of concern about the volume and complexity of government regulations. The Task Force believed that most people would comply with regulations if they knew and understood what was required. HB 1010 was based on the premis e that it is appropriate and more effective for agencies to emphasize assistance and education before imposing penalties , and

that e nforcement should not place those who voluntarily comply at a disadvantage. The Bill support ed taking enforcement action ag ainst persons who receive technical assistance, but still fail to comply with regulations within a reasonable time.

Portions of this law require Ecology to provide business with an opportunity to correct violations prior to Ecology issuing penalties. Exc eptions for issuing penalties are allowed under certain conditions where there is a probability of imminent or substantial harm to the environment, human health, or where specific permit violations exist. This law d id not substantially alter the tradition al enforcement strategy adopted by Ecology. However, it imposed procedural requirements and clarified the expectation that the agency would provide education and assistance before enforcement.

Following passage of the law, it was determined that Chapter 43.05 RCW limited Ecology’s authority to issue penalties in certain circumstances

- See RCW 43.05.050 through .070. To ensure that Washington’s hazardous waste program is as stringent as the federal RCRA program,---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 58 Ecology determined pursuant to RCW 43.05.9 01 that the limitations of Ecology’s authority to issue penalties in RCW 43.05.050 through 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 Legislatu re as required by RCW 43.05.90 2 on December 10, 1997.

B. SB 5042 and HB 2603

- Chapter 34.05 RCW

- Administrative Procedures Act

(5/1 1 /10) RCW 34 .05 Administrative Procedures Act was amended in 2009, conditionally waiving penalties for first

- time paperwork violations by small businesses (RCW 34 .05.110)

. This

section was amended in 2010 , requiring agencies to provide a two day window to correct violations before issuing penalties. The law provides an exception to these requirements when they are in conflic t with federal law or program requirements, or when they interfere with

allocation of federal funds to the state. Because of this exception, the HWTR program believes

that these new requirements do not apply to implementation of the federal RCRA sections of the state dangerous waste regulations. In April 2010 a notification letter was provided from the Ecology Director to the EPA Region 10 Regional Administrator, informing him that this exception makes the law in operable for the state hazardous waste progr am. This letter is found in Appendix 4 of this document.

PART IV
DATA COLLECTION AND MANAGEMENT

I. RCRA Information Management (last update: 5 /1 1 /10 )

The cornerstone for information management in the HWTR Program is the EPA/State Identification, or RCRA Identification, number notification system. The U.S. Department of Transportation and EPA require an active RCRA

- I dentification number on manifests that accompany shipments of regulated hazardous/dangerous wastes. A RCRA Identification (ID) numb er identifies the generators (originator), transporters, and Treatment, Storage, Disposal, and/or Recycling Facilities (receivers) that handle regulated dangerous wastes. A dangerous waste handler who needs a RCRA ID number must fill out a Washington Stat e Site Identification Form and send it to the information unit at Ecology Headquarters. It is reviewed for accuracy, and then an ID number is assigned. While Ecology issues most RCRA ID numbers, EPA has responsib i l ity for issuing ID numbers on tribal la nds. Facilities on tribal lands report to the tribal government and EPA. Ecology does have responsibility for certain facilities located on the Puyallup reservation non

- trust lands

.

The Washington Department of Ecology and the EPA work together to mana ge information relating to the implementation of RCRA. Both agencies use the Resource Conservation and Recovery Act Information System (RCRA I nfo) for the storage, tracking, and analysis of data relating to state and federal hazardous waste program activit ies. Those who generate, transport, store or treat hazardous waste in Washington State are identified with the uniquely assigned federal ID number discussed above.

Information obtained from the Site Identification Form is entered into Ecology’s “ F acility / S ite” information management system and provided to EPA on a monthly basis in the prescribed flat file

formats for the RCRA I nfo Handler Module. Applications for Hazardous Waste permits, inspections, corrective action procedures and enforcement proceedings are entered into RCRA I nfo by HWTR staff located in Ecology's headquarters and regional offices, and by Ecology staff in the Industrial Section (Solid Waste and Financial Assistance Programs) and the Kennewick office of the Nuclear Waste Program.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 59 The info rmation entered by Ecology into the RCRAI nfo system exists with similar RCRA I nfo information entered by EPA. The details of how both agencies use RCRAI nfo and how the information merges together is described by a Letter of Agreement (see Appendix 3 ). This agreement allows the two agencies to divide or share the responsibilities for administering and monitoring RCRA compliance.

RCRA I nfo information is used to provide feedback to Ecology staff and management on current, historical and planned activities, as well as provide data to EPA Region 10 and EPA Headquarters for their oversight functions.

II. Hazardous Waste Annual Reporting (last update: 5/11 /10 )

Each year, all sites within the State that have active RCRA Site ID#’s are required to submit Ann ual Dangerous Waste Reports. The reports are due to Ecology by March 1 st of the following year. These active sites include generators, transporters, and treatment storage disposal recycling facilities (TSDR’s). These reports are a detailed summary of the h azardous waste activity that occurred at each individual site. On the report, businesses give information as to the volume and types of hazardous waste they generated and/or managed (either on

- site or off

- site), the origin of generation, and the final des tination

of the waste.

The State’s annual reporting system is stricter than federal regulations that require data submissions from only Large Quantity Generators (LQGs) for the national Biennial Report on every odd numbered year (i.e., once every two yea rs). Data from the annual reporting system has many uses:

 It is submitted to EPA to satisfy the Federal Biennial Report requirements;

 It is provided to other agencies and the business community that request the data for their own planning purposes;

 Within Ecology, the data is used as the basis for, 1) biennial updates and revisions every six years to the State Hazardous Waste Plan; 2) regulatory development and change efforts; 3) technical assistance to promote waste reduction; 4) assessment of Hazardous W aste Generat ion and Pollution

Prevent io n Planning Fee; 5) reports to the Office of Financial Management for the State’s Data

Book , and; 6) trend analysis for comparison to previous years’ data to identify fluctuations in waste activity and waste reduction success’s.

A. Hazardous Waste (HW) Reporting System (last update: 5/11 /10 )

A nnual report data is collected on a set of forms designed to track the nature, source, and management (both on

- site and off

- site) of dangerous wastes. These forms were de signed following an information needs analysis during the mid 1990’s of data required under federal and Washington State law. These

forms include:

Site Identification Form reports general site location and contact information

GM (Generation and Manag ement) reports waste generation and management

WR (Waste Received) reports waste received from off

- site

OI (Off

- site Identification Form) indexes name and address information to the ID numbers of generators, transporters and TSDRs referenced in the other

forms---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 60 The Annual Report data is submitted on either paper forms or in electronic format using the State designed TurboWaste .net software. Upon receipt by the State, the report data is subject to a strict series of quality control procedures. Once through the data validation process, the data is then available for further analysis and use by agency staff and the public.

III. Other Important Data Systems

The HWTR Program maintains a number of other automated data systems designed to help organize Program information, track accomplishments, and plan how to best allocate resources.

Revised Site Visit Program (RSVP) This application allows staff to enter and track data related to compliance events (inspections, TA visits, complaints.) for sites wi thout RCRA ID Numbers and for non Pollution Prevention Planner technical

assistance for sites with RCRA ID Numbers

TurboWaste.net

T urboWaste.net is an on

- line reporting tool for collecting hazardous waste generation and management data from Dangerous Wast e Annual Reports and Site ID Forms. The data is used for HWTRInfo, Reporting to EPA, (Biennial Report and RCRAInfo), and for calculating Pollution Prevention Planning Fees, as well as Hazardous Waste Generation Fees.

P3 (Pollution Prevention Plan) Repo rts A versatile reporting application that enables staff to view and manipulate data collected on P2 Plans and Annual Progress Reports, including both plans submitted electronically and on paper.

P3 (Pollution Prevention Plan) Tracker Designed to enable s taff from all four regions to track status and prepare distribution lists for P2 Plans.

EPCRA Tracking System The EPCRA Tracking System (ETS) maintains chemical storage and release data, as well as business compliance under the Emergency Planning & Comm unity Right

- to

- Know Act (EPCRA). Ecology is mandated to develop and implement a State EPCRA Program on behalf of the Washington State Emergency Response Commission. The EPCRA data is shared with first responders, emergency planners and the public, upon r equest.

Tier Two Online Reporting Application The Tier Two Online Reporting application is a web

- based application to facilitate annual reporting of chemical storage by facilities throughout the state. This application is one of the first the agency

deve loped in the SecureAccess Washington environment.

TRIDex TRIDex is an application used to view the Toxics Release Inventory Reports submitted to the US EPA and the Washington State Emergency Response Commission annually by certain businesses for specifi c substances.

DW Regulatory Institutional Memory Institutional Memory contains documents providing clarity and support to existing rule interpretations, policies and procedures, including memos, letters, Focus Sheets, Regulatory Alerts, and Discussion

Pa pers.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 61 Facility Site Information System This system is shared agency wide, containing information about the geographic location, contact information and program specific Ecology interactions.

HWTRInfo This versatile application allows HWTR and Industrial section staff to view and create reports that pull data from multiple linked sources including P2 Planning, TurboWaste.Net and Ecology’s Facility Site

system.

Monthly Report Data Base

An ACCESS database application that quantitatively tracks some of the m ore important tasks related to compliance monitoring/enforcement and pollution prevention that cannot be tracked in RCRIS.

Some of these are described in more detail below :

A. Institutional Memory (last update: 5/10/96)

Institutional Memory is a comp uterized compilation of hundreds of letters, memoranda, background documents, fact sheets, etc. that the HWTR Program has available to all staff to research questions concerning the interpretation of dangerous waste regulations. All documents that may hav e future precedent setting or interpretive value are added to the Institutional Memory system.

The system uses software called Folio Views, which is a "text database" software capable of the following major functions unavailable with standard word

- process ing software:

 The Institutional Memory material is hierarchically organized. This allows for a table of contents that can quickly locate documents and display their topics.

 Boolian searching is possible. The software indexes every word in the Instituti onal Memory system and can locate all places where specific combinations of specific words or phrases occur.

 Restricted searches speed search times. Using what are called "fields", Folio allows the creation of any number of sub

- sets of the information in the system. This allows extremely rapid searching and retrieval of search information. For example, Institutional Memory has a field called "keywords". When a search is done using the "keyword" field, only the information designated as being in the

"ke yword" field will be searched

- not the thousands of pages in the entire system.

 The sys tem has hypertext capability. Folio has the ability to jump from any point in the system to any other point in the system in an endless chain.

When researching telepho ne inquiries from the regulated community, staff often initially searches Institutional Memory to see if, and how, Ecology staff has addressed similar questions in the past.

B. Monthly Report Database (last update: 5/11 /2010 )

The Hazardous Waste and Toxics Reduction Program (HWTR) performs many tasks related both to compliance monitoring/enforcement and pollution prevention that cannot be tracked in RCR AInfo . The Program has developed an ACCESS database application to quantitatively track the more i mportant of these tasks on a monthly basis. Examples of data tracked in the Monthly Report Database are---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 62 compliance workshops and number of attendees, pollution prevention workshops and number of attendees, number of visits to facilities that must prepare Pollution Prevention plans, number of compliance

- related technical assistance phone calls answered, number of pollution prevention

- related technical assistance phone calls answered.

Data is entered into the system as a component of monthly reports from R egional Office managers.

M onthly and year

- to

- date summary reports can be generated by the system to assist Program management in assessing progress in achieving yearly task goals and in planning resource allocations in

the future.

C. Pollution Preventio n Plan Tracking System Database (last update: 5/11 /2010)

Under the State Pollution Prevention Planning law, businesses that generate over a certain amount of dangerous waste per year must report under federal SARA III (Toxics Release Inventory) section 31 3, and are required to prepare Pollution Prevention Plans and to submit annual progress reports (APR). The types of data and narrative content of Pollution Prevention Plans are specified in guidance issued by Ecology.

HWTR developed two new data base sys tems beginning with Reporting Year 2004. The first is a SQL

Server database known as “P3”. This database stores information contained in Pollution Prevention Plans and annual progress reports for individual facilities and groups of facilities for hazardou s substances, wastes, recycling, and treatment. Facility processes and opportunities are included . Planning facilities have the option of submitting electronic documents in a Microsoft Word format that are loaded

into this database. An a pplication known a s “P3 Reports ” is available for Ecology staff to perform queries and data mining of the P3 database.

The second “P3 Tracker” SQL Server/ACCESS system tracks which facilities are participating in the Pollution Prevention Planning program, the legal status of each facility and information about site visits. These systems are being redeveloped in early 2010.

D. Emergency Planning & Community Right

- to

- Know Act (EPCRA) Tracking System (last update: 3/24/10 ) In 198 7 , Washington State adopted the federal SAR A Title III regulations, also known as the Emergency Planning & Community Right

- to

- Know Act (EPCRA) , in Chapter 118

- 40 WAC. As required by law, Washington established a State Emergency Response Commission (SERC) to oversee and support local emergency plan ning activities, to compile and share information submitted by businesses, and provide guidance for emergency preparedness. The SERC established and supports 43 Local Emergency Planning Committees (LEPC) and works with local fire departments statewide.

Ecology’s Spill Response staff provide guidance on emergency training and response to the SERC. The Community Right

- to

- Know Unit within Ecology’s HWTR Program carries out Ecology’s statutory responsibilities to advise and support the SERC on EPCRA policy

, provid es technical assistance to businesses and the public, manag es business reporting data and compliance for reports required under EPCRA, and provid es assistance and support to the local government agencies. The Community Right

to

- Know Unit is the so le source for State EPCRA data. Unit staff work with the SERC on policy issues, on determination of Washington reporting requirements, and in support of LEPCs. Unit staff work with US EPA staff on business compliance and enforcement actions and provide g uidance and support to the local agencies . Reports required under EPCRA include:---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 63 §302 Notification of Extremely Hazardous Substances

– Businesses are required to submit a report within 60 days of the substance(s) arriving on site.

§304 Notification of E mergency Release

– Businesses are required to make a verbal report immediately when a release occurs and submit a follow up report within fourteen days of the

incident.

§311 Material Safety Data Sheets

– Businesses are required to report within 90 days o f a substance(s) arriving on site in excess of the chemical’s threshold

.

§312 Tier Two

– Emergency& Hazardous Chemical Inventory Report

– Businesses are required to report chemicals or products stored at or above thresholds during the previous calendar ye ar by March 1st.

§313 Toxics Release Inventory Report (Form R)

– Businesses with certain standard industrial codes must report certain chemicals each year to the US EPA and the SERC

.

Community Right

- to

- Know staff developed a system based in SQL and MS Ac cess to manage facility

specific information, compliance history, chemical inventory information, and chemical storage and releases. Management of the EPCRA Tracking System is identified as a critical business activity in Ecology’s Comprehensive Emergency Management Plan. In 2007, Unit staff developed a web

- based application for businesses reporting chemical storage under §312 to replace EPCRAMail, a stand

- alone reporting application. With the EPCRA Tracking System and routine QA/QC to maintain data inte grity, Community Right

- to

- Know staff are able to provide quality data to meet the needs for emergency preparedness and counter

- terrorism planning and to respond to public requests for information.

Community Right

- to

- Know staff often design queries to resp ond to specific requests. Each year data is made available to government agencies in a variety of formats . It is shared via MS Excel, MS Access,

and exported into CAMEO (Computer

- Aided Management of Emergency Operations) for use by Local Emergency Planni ng Committees and local fire departments for use on emergency response vehicles.

Approximately 3 50 facilities report under EPCRA § 313

– Toxics Release Inventory (TRI) requirements. This data is managed in the TRI Dex application and MS Excel. In addition, m ost TRI reporting

facilities are also required to participate in the Pollution Prevention Planning process under the Pollution

Prevention Act of 1990.

Currently, the EPCRA Tracking System maintains data for 8837 facilities. For reporting year 200 8

, 3 8 38 facilities reported 15, 622 chemicals, including extremely hazardous substances, for 30, 629 storage
sites under EPCRA Section 312 (Tier Two) reporting requirements. Chemical and industry

- specific information is analyzed and published each year in the Ch emicals in Washington State Summary

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 64 IV. Regulated Community Data Estimates

A. Number of Notifiers by Activity Reported (last update 9/16/2009)

The following information depicts the status of Washington State generators in March 2010

.

Regula ted Entity Current Number

Generators

– fully regulated (Medium and Large Quantity Generators) 1, 101

Generators

– conditionally exempt or currently not generating (Small Quantity Generators, Transporters, Non Generators). 2,652

Total Generators 3,753

TS DR’s

- facilities that treat, store, dispose, or recycle (recycle refers to commercial waste recycling activities) 20

B. Amount of Waste Treated, Stored, and Disposed (last update: 09/16/2009 )

These amounts of Washington State 2008 Dangerous Waste w ere reported to the Washington State Office of Financial Management for the Washington State Data Book http://www.ofm.wa.gov/databook/ :

Hazardous Waste Generated by businesses in WA State 2008 (Tons) 2008

(Pounds)

Recurrent (derived from a production process, service activity, or a routine cleanup ) 98,473 196,945,260

Non Recurrent Waste (the result of a spill, equipment decommissioning, or other remedial cleanup activity 84,381 168,742,360

Total 182,844 365,687,620

Hazardous Waste Management 2008 (Tons) 2008

(Pounds) Managed on

- site (waste generated and managed at the same location) 43,836 87,672,620

Managed off

- site (waste sent off

- site to a TSDR Facility*, either in

state or out

- of

- state, for manag ement) 139,008 278,015,020

Total 182,844 365,687,6 4 0

*A facility that is permitted to receive waste from other generators for treatment, storage, disposal and/or recycling

management.

Hazardous Waste Received and Managed at WA TSDR Facilties 2008 (Tons ) 2008

(Pounds) Treatment, Stored, Disposed, or Recycled 38,337 76,672,740

Movement of Hazardous Waste into/out of WA state 2008 (Tons) 2008

(Pounds) Imported into WA from another state or country 38,337 29,825,060 Exported out of WA to another state or country 115,584 231,167,340---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 65 PART V AGENCY STRUCTURE, BUDGET, AND RESOURCE ASSESSMENT

I. Agency and Hazardous Waste Program Organization and Responsibilities

A. Department of Ecology Organization ( last update: 5 /1 1 /10 )

The Washington Department of Ecology (Ecology or Agency) is the agency mandated by the State Legislature to administer Washington's federally approved h azardous waste program pursuant to the federal Resource Conservation and Recovery Act (RCRA). As shown in Figure 5 (Washington S tate Department of Ecology Organizational Chart) , Ecology Programs are essentially organized either by environmental media subject to contamination (air, land, water) or contaminant ( for example

, radioactive mixed waste) with four main regional offices (Ce ntral Regional Office in Yakima, Eastern Regional Office in Spokane, Northwest Regional Office in Bellevue, and Southwest Regional Office in Lacey) set up to act as the operating arms of the agency. Each Program operates under an appointed Program Manager who reports to the Deputy Director and the Director of the Department. Within Ecology, three organizational groups have responsibilities for implementing Washington's dangerous waste regulations and its federally approved RCRA program: the Hazardous Wast e and Toxics Reduction Program (HWTR) in both the headquarters and regional offices, the Industrial Section (in the Waste 2 Resources Program) located at headquarters, and the Nuclear Waste Program located only in the Tri

- Cities and at headquarters. HWTR has lead responsibility and does the majority of the dangerous/hazardous waste regulatory implementation work.

E ach Ecology Program except the Nuclear Waste Program has a Section located at each regional office operating under a Regional Office Section Manager . Regional Office Section Managers for each Program report directly to the respective Program Managers at the Ecology headquarters office. This organizational structure allows for better statewide consistency in planning a Program's resource

alloc ations, interpreting regulations, and implementing Program tasks. Regional Program Sections still have sufficient independence to address characteristics ( for example , industry types, population density, etc.) unique to their region.

B. Hazardous Waste Program Responsibilities and Organization (last update: 5 /1 1 /10 )

1. HWTR Responsibilities and Tasks

a. Compliance Monitoring and Enforcement: The Hazardous Waste and Toxics Reduction Program has primary responsibility for implementing

federal and State hazardous waste rules and regulations. It undertakes this responsibility through fair and reasonable exercise of the following tasks:

Inspections: Conducting on

- site inspections at generator locations , recycling facilities, and treatment, storage, and di sposal (TSD) facilities.

Enforcement: Undertaking appropriate enforcement activities when regulatory violations are found; negotiating resolutions to violations to increase overall regulatory compliance.

Permitting Treatment, Storage, and Disposal (TSD) F acilities: Review permit applications and requests for permit modifications.

Closure Work: Review and oversee closure and post

- closure of TSDs.

Corrective Action Work: Review and oversee corrective action work.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 66 b. Voluntary Compliance and Education:

In add ition to compliance monitoring and enforcement tasks, HWTR devotes considerable resources to voluntary compliance with dangerous waste regulations. To promote voluntary compliance, the Program maintains a full range of educational and informational activi ties designed to help the regulated community voluntarily comply with State and federal regulations. Tasks undertaken by HWTR in this category include:

 New Notifier visits, Increased Generator Contact visits, and single

- industry campaigns;

 Preparation of H azardous Waste guidance documents, websites, etc.;

 Conducting workshops addressing small business regulatory issues;

 Responding to compliance/regulatory phone calls, letters, e

- mails, etc. from individuals and organizations; and

 Supporting school curricu lum development concerning proper waste management.

c. Promotion of Pollution Prevention and Toxics Reduction HWTR promotes pollution prevention both through provisions in the Pollution Prevention Planning law and through work unrelated to the planning re quirements. With regard to implementing State requirements for pollution prevention planning, the following tasks are important to note:

 Assistance in facility

- specific plan implementation by overseeing development and implementation of required facility

- specific Pollution Prevention Plans and Progress Reports,

 Provision of technical assistance and guidance on pollution prevention planning to facilities,

 Updating guidance for reporting progress in pollution prevention, and

 Publishing and distributing a Pol lution Prevention Guidance Manual.

In addition to work required for pollution prevention planning, HWTR develops and maintains a full range of activities designed to promote pollution prevention. These include:

 Conducting workshops addressing small busin ess pollution prevention issues;

 Developing pollution prevention written material, slide shows, etc.;

 Providing speakers for public service groups, community action groups, etc.;

 Supporting school curriculum development on pollution prevention;

 Providing incentives for Pollution Prevention in Industry; and

 Integrating pollution prevention into single

- industry campaigns.

d. Develop and Maintain Informatio n Data Management and Reporting To comply with certain federal and State data tracking requirements, a s well as assist in Program planning and resource allocation, HWTR collects, compiles, analyzes, and reports hazardous waste generation, transportation, treatment, storage, and disposal data; pollution prevention planning data;

toxic substances use/use red uction data; and toxic substances release data. Specific data information management tasks include:

 Collecting, analyzing, and publishing data from Annual Reports from Hazardous Waste (HW) Handlers;

 Maintaining the Institutional Memory system, a computer ized compilation of Program regulatory interpretations, background documents, fact sheets, etc.;

 Maintaining RCRAinfo Hazardous Waste (HW) Handlers Database;---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 67  Maintaining SARA Title III (EPCRA) data via the EPCRA Tracking System ;

 Developing and Maintainin g Pollution Prevention Databases including the Pollution Prevention Plan Tracking Database and the Pollution Prevention Opportunity Database (P3 Reports Data Base) ; and

 Maintaining Community

- Right

- to

- Know technical assistance line and public disclosure of hazardous waste regulatory and EPCRA data.

2. HWTR , NWP and Industrial Section Organization

a. HWTR Headquarters Organization The Hazardous Waste and Toxics Reduction Program Manager supervises two headquarters sections

the Pollution Prevention and Regula tory Assistance Section and the Information and Permit Management Section . The Program Manager also has supervisory responsibility for regional HWTR staff; organizational flow diagrams are shown in Figures 6 and 7

.

P2RA has primary responsibility for: D e velopment of new Program policies and guidance; Dangerous Waste Regulation development; numerous technical regulatory support functions , permitting and updating the State

Hazardous Waste Plan ( see Figure 6 ). Among its technical support functions, the TAP S ection provides technical assistance, regulatory interpretations, and information for incorporating pollution prevention into the operations of businesses and industry, and amends the regulations and prepares authorization applications.

The Hazardous Was te Permits staff issue permits for facilities that treat, store, or dispose of hazardous wastes. Before a facility can receive a permit, it must successfully demonstrate that it complies with stringent State and federal laws and will not harm public healt h or the environment. Permits staff is responsible for, or assist with, permits for many of the more complex TSD facilities in the state. The Permits staff coordinates permit activities and writes permits at selected TSD facilities. P2RA staff is also

re sponsible for periodically updating the State Hazardous Waste Plan that includes recommendations for improving dangerous/ hazardous waste management. The most recent update is referred to as “Beyond

Waste”.

The section works with the EPA to see that RCRA requirements for hazardous waste management are properly carried out at the State level. P2RA provides technical assistance to inspectors and permit writers in the Regional Offices, Industrial Section, and Hanford Section of the Nuclear Waste Program.

In addition, it coordinates compliance monitoring activities and ensures statewide consistency in the application of Dangerous Waste Regulations. Most public involvement aspects of the Program are coordinated through the TAP Section.

The IMP Section coll ects and analyzes data on hazardous waste streams and waste generators , issues State/RCRA ID numbers, develops and maintains program websites, and is responsible for program planning and development and State/EPA Performance Partnership (formerly (SEA) pl anning and monitoring . Any necessary tracking and reporting functions, including the annual report, are the responsibilities of this Section.

Chemical storage and releases, and facility compliance history is maintained under the Community Right

- to Kn ow regulations in this section. IMP staff coordinates compliance with the "Hazardous Waste Reduction Act", which requires certain generators to prepare comprehensive hazardous substance use/hazardous waste reduction plans. They are responsible for collec tion of these waste reduction plans,---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 68 conducting required legislative tracking, and providing computer support required to compile and analyze data related to Waste Reduction Act planning. The Community Right

- to

- Know staff

coordinates with other members o f the State Emergency Response Commission, and with local and federal government.

b. HWTR, NWP and Industrial Section Regional Organization

The four Ecology Regional offices are located in four geographically separated regions of the State

. The regions co ver Southwest, Northwest, Central, and Eastern Washington. Each regional office has a designated HWTR Section. HWTR regional office staff have the authority and responsibility for implementing the hazardous waste program ( Figure 7 ).

The regional staff are responsible for carrying out compliance inspections, conducting closure and post

closure activities (overseeing closures), reviewing plans and permits, providing regulatory interpretations and technical assistance, responding to citizen complaints abou t issues such as hazardous materials spills and illegal dumping, and overseeing corrective action. They are the primary agency contact with all generators, transporters, and some TSD facilities.

Regional staff implements the agency enforcement policy b y documenting and making recommenda

tions for enforcement actions to their Regional HWTR Section Manager

, who has signatory authority for all enforcement actions within their juris diction. These managers report directly to the Hazardous Waste

and Toxics Reduction Program Manager. They use guidance and policies provided by the P2RA Section and are responsible for completing tasks Ecology has committed to under the Performance Partnership agreement negotiated with EPA.

The Industrial Section of the Waste 2 Resources Program and the Richland Office of the Nuclear Waste Program also carry out regional office functions (see organizational flow diagrams in figures 8 and 9)

. The Industrial Section has major industries as their area of responsibility ( for examp le , pulp and paper, oil refining, and primary metals). The Industrial section essentially acts like a fifth region, performing compliance inspections and writing permits for most of their facilities.

The Nuclear Waste Program’s Richland Office is respo nsible for all dangerous waste and hazardous waste cleanup program activities at the Hanford Reservation. Like the Industrial Section for major industries, the Nuclear Waste Program’s Richland Office carries out all the functions of a regional office

at t he Hanford Reservation. While its primary focus is the Hanford Reservation, the Nuclear Waste Program also has responsibility for implementation of the dangerous waste regulations and policies as they apply to mixed waste (dangerous waste that is also rad ioactive) at non

- Hanford Reservation

facilities.

Generally, the responsibilities for inspection, permitting, compliance and enforcement, and corrective action at facilities where mixed waste is generated or treated, stored, or disposed are carried out w ith the assistance of the appropriate Regional Office.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 69 Figure 5. Washington State Department of Ecology December 2009---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 70 Figure 6. Hazardous Waste and Toxics Reduction Program

- Headquarters Staff

– March, 2010---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 71 Figure 7. Hazardous Waste and Toxics Red uction Program

- Regional Staff

– March, 2010---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 72 Figure 8

. Waste 2 Resource Program’s Industrial Section

– Ma y , 2010



### INDUSTRIAL SECTION May 2010 

### Merley McCall

Section Manager WMS

- 02 407

- 6929

Kim Wigfield EE

- 5 407

- 6931 Metal Reduction/Oil Refinery Unit Petroleum Refinery Specialist Kathy Vermillion

Admin Assistant III

407

- 6916
Public Disclosure Coordinator Employee Diversity Team Rep

Marc Heffner EE

- 3 407

- 6773 Longview Fibre Port Townsend Paper Simpson Tacoma Kraft

Abitibi

– Steilacoom

NSR from Eastern Marc Crooks EE

- 5 407

- 693 4

FOOTPRINT LEAD Weyerhaeuser

– Longview Georgia Pacific

– Bellingham Encongen

- Bellingham Equa

- Chlor

- Longview

Huber

– Longview Solvay Interox

– Longview Specialty Minerals

– Longview

Mint Farm Generation

– Longview

Pacific Laminations

– Mirant Weyerh aeuser

– Cosmopolis

Mark Dirkx EE

- 3 407

- 6937

Shell

Tesoro Sound Refining March Point Cogeneration Air Liquide Grays Harbor Paper Hoquiam

Ocean Protien

– Hoquium

Bob King EE

- 3 407

- 7563

Alcoa Wenatchee

US Oil Evergreen Columbia Gorge (Goldendale)

Sonoco

– Sumner Teddy Le EE

- 4 407

- 6948 Metal Reduction/Oil Refinery Unit Georgia Pacific (Ft James)

– Camas Specialty Minerals Camas

Robert Carruthers EE

- 3 407

- 6954 Portside Lagoon (Boise)

- Vanco uver Boise Paper

– Wallula Specialty Mineral

– Wallula Kimberly Clark

– Everett Nancy Lowe ES

- 1 training

WPLCS 407

- 7389 Ewa Kotwicka ES

- 3 407

- 6945

Permit Coordinator

Data B ase Management Liem Nguyen EE

- 2 407

- 6955

BP

– Cherry Point ConocoPhillips

BP CoGeneration

NPI

– Port Angeles Judy Schwieters EE

- 3 407

- 6942

Intalco NW Alloys

Chinook Ventures

Tenaska

Angie Fritz ES

- 3 training 407

- 7393 Footprint Proj ect Coordinator

Public Involvement Coordinator Website Manager Paul Skyllingstad HG

- 4 407

- 6949 MTCA Specialist Hydrogeologist Ha Tran EE

- 2 407

- 6064 Emerald Kalama Chem (Noveon) Pacific Functional Fluids (Lilyblad)

Colombia Ethanol Agrium---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 73 Figure 9

. Nuclear Waste Program , May 2010---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 74 II. Hazardous Waste Program Funding Sources (last update: 5/11 /10 )

A. Hazardous Waste and Toxics Reduction Program (HWTR) funding

Major funding sources for the HWTR Program include federal RCRA (Resource Conservation and Recovery Act) grants, the State Toxics Control Account, and Hazardous Waste Assistance

Accoun t.

Table 2

. Funding Profile for FY 10 and FY 11 ( July 1, 200 9

- June 30, 2011 )

Fund Planned Fiscal

Year 2010 Planned Fiscal

Year 2011 2009

- 2011

Biennium Totals

General Fund

- Federal (1) $2,658,285 $2,584,790 $5,243,075

Local Toxics Control Account 985,92 5 1,793,919 2,779,844 Worker and Community Right to Know

Account 695,127 721,246 1,416,373

State Toxics Control Account 6,688,433 6,828,689 13,517,122

Hazardous Waste Assistance Account 2,601,409 2,470,845 5,072,254

Totals $13,629,179 $14,39 9,489 $28,028,668

(1) Includes several small Pollution Prevention grants and federal RCRA grants. The actual FY10 award for RCRA was $2,474,112, including state match (HWTR Program's share was $2,097,189; Administration Program's share was $376,923).

B. In dustrial Section and Nuclear Waste Program Funding

Figures shown in the table only include costs for the HWTR Programs. Ecology's Program Administration is not reflected in these figures. Their cost is based upon an indirect rate negotiated between Ecol ogy and Department of Interior. Rate is 3 6.80 % times (Salaries + Benefits) through the end of FY 10

. The Industrial Section receives funding from the State Toxics Control Account for their hazardous waste program work. They are funded at 4.53 FTEs. They do not receive RCRA grant monies.

The Nuclear Waste Program (NWP) receives funding from the Mixed Waste Management Fee.

T he NWP is funded at 49 FTE for dangerous waste program activities and does not utilize RCRA grant monies.

III. Program Planning Proc ess (last update: 10/01/05 )

The Program planning process is meant to readjust Program objectives and resource allocations to optimally match the Program's performance with shifting internal and external requirements

and constraints. This Program Resourc e Assessment and Reallocation process includes a number of iterative steps that include: a) establishing Program

- specific goals and objectives; b) establishing a Resource (FTE) Allocation Baseline; c) determining mandatory tasks and

minimum or "core" FTE a llocations to those tasks; d) brainstorming new tasks/initiatives, tasks to "do less of", tasks to "do more of", and success measures; e) prioritizing all current non

- core resources for possible reallocation to higher priority new projects; f) developing d etailed scoping of potential new projects; g) resource allocation and reallocation decisions by Management. Depending on decisions by Program Management

, different steps in this planning process can be more or less intensive depending on circumstances in any given year.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 75 Appendix 1

(last update: 4/15/01)

HAZARDOUS WASTE AND TOXICS REDUCTION PROGRAM

COMPLIANCE ASSURANCE POLICY 3.1

Purpose This policy is to be used by Hazardous Waste and Toxics Reduction Program staff to:

(a) assure the management of haz ardous substances and hazardous wastes in ways that are protective of human health and the environment;

(b) promote voluntary compliance by persons subject to toxics reduction planning and hazardous waste management laws and regulations; and,

(c) ensure t hat enforcement actions are conducted in an effective, fair and consistent manner.

Program Philosophy The HWTR Program will emphasize an approach that seeks voluntary compliance by the regulated community. The HWTR Program expects that businesses and pu blic agencies will operate in compliance with environmental regulations. Our approach to achieving compliance is to offer technical assistance and informal enforcement to help businesses understand and comply with environmental regulations. This approach is used before resorting to formal enforcement unless there is an imminent threat to human health or the environment, or repeated non

compliance with regulations deemed important enough on which to spend limited state resources.

In addition, the HWTR Pr ogram prefers an approach which places a priority on addressing problems and influencing as many businesses as feasible. This will result in a greater number of businesses correcting violations that present risks to human health and the environment, rathe r than a lesser number of businesses that achieve compliance with the full range of regulatory requirements.

Authority Hazardous Waste Management Act, Chapter 70.105 RCW;

Dangerous Waste Regulations, Chapter 173

- 303 WAC;

Hazardous Waste Fees, Chapter 70.95E RCW;

Pollution Prevention Fees, Chapter 173

- 305 WAC;

Hazardous Waste Reduction Act, Chapter 70.95C RCW;

Pollution Prevention Planning Regulations, Chapter 173

- 307 WAC;

Model Toxics Control Act, Chapter 70 .105D RCW;

Technical Assistance Officers, RCW 43.21A.085 and .087 ;
Technical Assistance Programs, Chapter 43.05 RCW ; and

Delegated Authority from the United States Environmental Protection Agency for the Resourc e Conservation and Recovery Act (RCRA)

1. HWTR will provide a consistent approach in the implementation of hazardous waste regulations throughout the state HWTR staff are expected to treat persons subject to dangerous waste management requirements with

eq uity and fairness. Rule interpretations and actions taken to assure compliance will be implemented in a similar fashion under similar circumstances throughout the state.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 76 The HWTR Program will continue to work with other Ecology entities (for example; Nucl ear Waste Program, Industrial Section) to encourage consistent implementation of waste management requirements at sites outside its responsibility.

2. The HWTR Program, in carrying out compliance assurance activities, will promote timely and effective c ommunication among effected parties HWTR staff will seek to maintain open communication with regulated persons. Timely and open communication is one of the most effective means HWTR staff have for achieving environmental protection through voluntary compl iance. Open communication is preferred to minimize continued non

compliance and gain the most timely and cost effective resolution to waste management problems.

When violations are cited in writing, the business operator will receive clear written direc tion stating how to achieve compliance, deadlines for achieving compliance, sources of technical assistance, and means for requesting an extension of deadlines.

3. HWTR Program staff are encouraged to use all of the available methods to best

achieve vol untary compliance with regulatory requirements and assure protection of

human health and the environment.
Available methods include technical assistance, informal enforcement, formal enforcement, and criminal

referral.

Technical Assistance

- educational and assistance activities that are provided by the HWTR Program to explain regulatory requirements and help identify methods of achieving compliance. Technical assistance may occur through telephone, written correspondence, publications, and workshops

or other public presentations.

Technical assistance also includes on

- site visits which are requested or voluntarily accepted by a business. First time visits to a business by HWTR Program staff will typically by treated as technical assistance visits.

On

- site technical assistance visits may result in informal enforcement actions being taken by the HWTR Program. Current agency policies and interagency agreements with EPA that implement Chapter 43.05 RCW will be employed to address violations identified during technical assistance visits.

Informal enforcement

- actions taken by HWTR Program to address violations which result in relatively minor threats to human health and the environment and cooperation is expected in achieving compliance. Informal enforcement actions may include verbal directions or warnings, written letters or

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

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

actions to comply with regulatory requirements within a reasonable time. They will, however, be considered part of the public record for a facility.

Formal enforcement

- based on on

- site compliance inspections, formal enforcement actions may be

taken to address i mminent threats to human health and the environment and other conditions which cause the facility to be classified as a Significant Non

- Complier (violations of permits or orders, for example). Formal enforcement actions include: administrative orders, cons ent agreements, judicial actions and civil penalties. Formal enforcement actions may be appealed to the Pollution Control Hearings Board

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 77 Referral for criminal investigation

- Any person who knowin gly transports, treats, stores, handles, disposes of, or exports a hazardous substance in violation of the State Hazardous Waste Management Act (see RCW 70.105.085 and

. 090 ) may be subject to criminal prosecution. The HWTR Program may refer cases to the Criminal Investigation Division (joint Ecology/EPA office) for investigation and

p otential prosecution. HWTR staff do not conduct criminal investigations. At the request of the Criminal Investigation Division, HWTR staff may participate as technical advisors in certain phases of criminal investigations within the scope of their civil au thority.

4. Regional staff will classify violators based on the degree of threat to human health and the environment and history of compliance with the Dangerous Waste Regulations HWTR staff are respons ible for identifying and prioritizing the facility responsible for violations. Violators are classified based on an analysis of the degree of threat to human health or the environment and the facility’s overall compliance with the state Dangerous Waste Regulations . This includes prior recalcitrant behavior or a history of non

- compliance as documented through Notices of Correction, orders, or penalties.

Two classes of violators are recognized: Significant non

- compliers (SNC)

- are those facilities which: have caused actual exposure, or a substantial likelihood of exposure, of hazardous waste or hazardous waste constituents to humans or the environment; or are chronic or recalcitrant violators; or have violation(s) which deviate substantially from the conditions of a permit, order, agreement, or hazardous waste statutory or regulatory requirement. The designation of Significant Non

- Complier is intended to identify those facilities for which formal enforcement is appropriate.

Secondary violators

- are those facilities with violations which do not meet the criteria listed for SNCs. Secondary violators pose no actual threat or a low potential threat of hum an or environmental exposure

to hazardous waste or constituents.

A facility classified as an SV should not have a history of recalcitrant or non

- compliant conduct. Secondary violators may be afforded the opportunity to achieve voluntary compliance within a reasonable time period.

5. The HWTR Program may issue penalties to address violations by significant non

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

threat to human health and the e nvironment, the class of violator, and the discretion factors listed below.

A penalty action may influence the behavior of others in the regulated community by serving as an incentive for maintaining their compliance. The degree to which a penalty may in fluence compliance by the broader regulated community may be considered in making a decision to adjust the amount of a penalty. Facilities may have benefited economically by not being in compliance with the Dangerous Waste Regulations . One way to remove any economic incentive a facility may receive in violating the dangerous waste regulations is to recover the economic benefit as part of the penalty amount. However, estimating economic benefit can be dif ficult. In cases where economic benefit is obvious, that amount may be included directly in the penalty amount. The EPA BEN model is available for calculating economic benefit for more complex situations where more quantif iable data are available. Please refer to

the HWTR Inspector’s Manual , for guidance and examples in calculating economic benefit.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 78 Public entities (e.g., local, state or federal agenc ies) are expected to comply with the requirements of the Dangerous Waste Regulations . Normal inspection methods will be employed (unannounced inspections, for example). Consistent with this policy and ap plicable agency policies, the HWTR Program will take appropriate informal and formal enforcement actions to assure compliance. When a public entity is found to be a significant non

- complier with major violations, formal action must be considered. Consent

o rders are the preferred formal vehicle and should be used when it is preferred by the recipient and compliance will be achieved in as early a timeframe as possible. If the recipient does not respond to the proposed consent action or negotiations are not co mpleted in a timely manner, a unilateral action and/or penalty should be issued.

Pursuing penalty actions requires extensive investment of state resources to develop, issue and follow through with the action. Unit supervisors or section managers will eva luate available resources and make the decision on whether or not to pursue a penalty. When a decision is made to forego assessment of a penalty because of lack of resources, it will be documented in the facility’s enforcement file and the

program manager will be informed. Staff are expected to continue to attempt to achieve compliance through informal or other formal means (e.g., administrative order to address actual or potential threats to human health and the environment), as appropriate.

5A. Determina tion of penalty amounts The HWTR Program may, under the authority of RCW 70.105.080 and . 095 , issue a civil penalty for

violation of the State Hazardous Waste Management Act

, Dangerous Waste Reg ulations , or administrative order. Penalties may not exceed $10,000 per day for each violation cited. The amount of a penalty will be determined by classifying the violator, reviewing specific violations, evaluating

discretion factors and enforcement exam ples. EPA developed detailed guidance for establishing penalty

amounts in their RCRA Civil Penalty Policy , dated October 1990. The HWTR Program has modified EPA’s ap proach, however, the guidance provided by EPA is generally applicable and should be used to provide additional assistance when necessary.

Each violation will be determined to be major, moderate, or minor based on the seriousness of the

violation. The dis cretion factors of Section 5B will be considered when selecting a penalty amount from the ranges given for each category in Table 1, below. A penalty can be assessed for each violation, groups of violations, or on a per day basis. As a final step, staff sh ould evaluate the total penalty amount proposed in light of the nature of the individual violations to assure a fair and equitable penalty.

Category Penalty Range Major $6,000

– 10,000

Moderate $3,000

- $6,000

Minor $500

- $3,000

5.A.1. Major Viol ations

- to be classified as a major violation, the situation must exhibit one or more of the following conditions: Actions which present an actual or imminent threat to human health or the environment; or Actions which significantly deviate from the requi rements of a regulation, an enforcement order, a permit, or a statute such that most (or the important aspects) of the requirements are not being

met; or, Actions which are a repetition or continuation of moderate violations or non

- compliance with

formal enforcement action in response to moderate violations.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 79 5.A.2. Moderate Violations

- in order to be classified as a moderate violation, the situation must pass the first criteria listed under this category (i.e., exhibit potential impact).

Actions that have potential to impact human health or the environment. Actions which deviate from regulatory or statutory requirements but some of the requirements are being implemented as intended; or, Actions which are a repetition or continuation of minor violations or non

- compliance with formal enforcement action in response to moderate violations.

5.A.3. Minor Violations Actions of an administrative nature that have little or no potential to impact human health or the environment; or, actions which deviate somewhat fr om regulatory or statutory requirements but most (or all of the important aspects) of the requirements are being met.

5.B. Discretion factors The HWTR Program uses discretion to arrive at a reasonable determination based on the facts and conditions

pres ented by specific cases. Use of discretion most often results in penalties that are lower than would be calculated through strict adherence to classification of individual violations at maximum range within a category in the penalty matrix. Primary factors which enter into the use of discretion include: Degree of Threat to Human Health or the Environment. Actual or substantial likelihood of exposure to hazardous wastes or hazardous waste constituents should be evaluated using facility

- specific environmental and exposure information whenever possible. This may include evaluating potential exposure pathways and the mobility and toxicity of the hazardous waste being managed. However, it should be noted that environmental impact alone is sufficient to cause a fa cility to be a SNC, particularly when the environmental media affected require special protection (e.g., wetlands or sources of underground drinking water). Potential routes of exposure to the environment should include those to air, soil, surface and grou nd water.

History of Compliance . Facilities may be found to be chronic or recalcitrant violators based solely upon prior dangerous waste violations and actions taken by the violator to correct identified problems. The degree of deviation from the purpose s or requirements of statute, regulations, permits, orders or other agreement may be considered.

Small Business Incentives . On a federal level, EPA attempts to promote environmental compliance by small businesses through a policy that allows for reduced or eliminated penalties when certain criteria are met ( Policy on Compliance Incentives for Small Business ). The HWTR P rogram recognizes that a reduced penalty for a small business may serve the same level of incentive for compliance as a larger penalty assessed to a medium or large business.

For the purposes of this policy a small business is defined as a person, corpor ation, partnership, or other entity who employs 50 or fewer individuals on a company

- wide basis. HWTR staff may consider a reduction or elimination of a penalty when the SNC qualifies as a small business and all of the following

criteria are met:

first vio lation . The business was not subject to previous direction through a Notice of Correction or other formal enforcement action for violation of that requirement in the past five years; no significant actual harm . The violation has not resulted in actual seri ous harm to human health, public safety, or the environment; corrective action in a timely manner. Steps are taken within a reasonable time by the business to achieve compliance and correct potential threats to human health or the environment; and

the viol ation does not involve criminal conduct

.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 80 In utilizing this discretion factor, penalties may be reduced no more than one level, per violation, as displayed in Table 1 (e.g., major may be reduced to medium, medium to minor, minor to zero).

Once a penalty r ecommendation is made, program managers will review and approve the recommendation prior to issuance.

6. When settlement of a penalty is sought and agreed to by the HWTR Program and person against whom a penalty has been issued, the program will encourag e the use of

innovative settlements In developing an agreement that includes innovative settlements, the program will adhere to agency policies and guidelines. Preference will be given to projects that: result in benefit to the environmental media impacted by the violation; have known economic value; have no or minimal economic benefit for the violator; do not repeat a previous project or activity; do not result in something already required by law, permit or order; promote long term compliance with environ mental regulations; provide adequate documentation; and, include some degree of monetary penalty being paid.

7. The HWTR Program may issue administrative orders requiring compliance either immediately or within a specified time period, as necessary, to ad dress Significant Non

Compliers. When a Significant Non

- Complier fails to perform as directed in an administrative order, they are liable for civil penalties.

RCW 70.105 .095 grants authority and describes circumstances for issuing administrative orders. These circumstances are further modified by procedural requirements of RCW 43.05 . Administrative orders are used to direct a violator to take a specified course of action within a specified time period to achieve compliance. The HWTR Program uses s everal types of administrative orders, but they may be categorized in two general groups; a) unilateral, and, b) negotiated. Unilateral orders are issued without consultation with the violator. The conditions, time periods, and other stipulations of a nego tiated order are discussed and agreed to between the HWTR Program and the violator.

Unilateral orders are subject to appeal to the Pollution Control Hearings Board . Negotiated orders typically, as a condition of the order, are not subject to appeal.

8. The HWTR Program will take compliance assurance actions in a timely manner. Persons found to be in violation will be given a reasonable time to correct deficiencies. Imminent threats to public healt h and the environment will be addressed immediately. Timely response by the HWTR Program is critical to assuring compliance with regulatory requirements, averting or correcting threats to public health and the environment and maintaining good working

relat ionships with regulated businesses. The timing of a response will vary depending upon the type of action being taken by the HWTR Program. In general, technical assistance and informal enforcement responses will be issued within 30 days of the determination of a violation.

Persons found in violation of regulatory requirements will be given a reasonable time to correct deficiencies. “Reasonable time” will be determined by considering the type of violation, and degree of threat to human

health and the enviro nment. Business practices (e.g., financing, acquiring supplies, installing equipment, hiring consultants or contractors) may be considered, but will not be the sole factor in determining “reasonable time,” especially when conditions exist which present an imminent threat to human health and the environment. Whenever practical, all actions issued should require compliance by the violator within 90 days of the action. Deviations from this schedule may be necessary when substantial on

- site construction is

need ed.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 81 Formal enforcement responses may take longer to prepare, communicate and execute. Whenever practical, all formal enforcement actions should be issued within 90 days of the determination of a violation (e.g., actual or imminent threat) or the deadline( s) achieving compliance (e.g., Notice of Correction, Administrative Order). In establishing the 90

- day standard, however, it is recognized that certain complex investigations and availability of state resources may require a longer period to develop the ap propriate formal enforcement response. In these cases, up to 180 days will be allowed prior to

issuance of the action.

The HWTR Program will make every attempt to issue formal enforcement actions within 90 days of the

determination of violation. Should th e 90 day period be exceeded, the lead HWTR staff person will refer the proposed action to the appropriate manager for a decision to proceed, delay, or cancel it.

9. Pollution prevention planning and assistance programs will provide technical

assistance i n the development of required documents and to achieve voluntary implementation of pollution prevention opportunities The HWTR Program’s pollution prevention activities are focused to a large degree on the requirement for generators of hazardous wastes, wh ose generation amounts exceed the thresholds specified in statute and regulation, to prepare and update pollution prevention plans and annual progress reports.

Preparation and submittal of pollution prevention plans (or the 5

- year updates), annual progres s reports, EMS alternative reports are required. Implementation of identified pollution prevention opportunities by planners is voluntary. Toxics Reduction staff shall pursue implementation of the opportunities through technical assistance, including site visits, telephone conversations, electronic mail and letters.

10. The pollution prevention planning and assistance programs, in carrying out compliance assurance activities, will promote timely and effective communication among planners who fail to submi t the required pollution prevention plans, 5

- year Updates, annual progress reports, or EMS Alternative reports. Open communication is preferred in order to gain the timeliest and most cost effective resolution to submitting required planning documents. Pla nners will receive clear, written directions stating how to achieve compliance, identifying sources of technical assistance deadlines for achieving compliance and the consequences if required documents are not submitted.

When planning documents are not su bmitted in the timeframe of the first 90

- day deficiency notification, planners will be informed of a pending administrative order that will initiate a penalty fee to be billed with the annual hazardous waste planning fee. The amount of the penalty fee will be at least $1,000 or three times the previous year’s planning fee (or current year for new planners), whichever is greater. This penalty fee will be charged each year for non

- submittal of documents, in addition to the current year’s planning fee, until t he delinquent document is submitted.

11. The HWTR Program will, when conducting Corrective Action activities, closely follow the policies and procedures established by the Toxics Cleanup Program to implement the Model Toxics Control Act and regulations The HWTR Program implements a Corrective Action program for cleanup of contamination at hazardous waste treatment, storage and disposal facilities using authorities under the State Model Toxics

Control Act and regulations. Specific policies and procedures governing Corrective Action have been adopted by the HWTR Program. Provisions for corrective action at specific facilities a re incorporated into an operating permit or through administrative orders (negotiated or unilateral).---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 82 Activities conducted by the HWTR Program to implement Corrective Action will emphasize a cooperative approach with potentially liable persons. Agreed ord ers, consent decrees, and unilateral actions will be employed, as necessary, consistent with existing policies and procedures.

Effective: November 1989
Revised: August 2005
References:

Conta ct: Implementation Network---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 83 Appendix 2

(last update: 4/15/01)

Department of Ecology Innovative Settlement

– Policy Guidance

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

innovative . Settlements that simply reduce a penalty or revise an order to avoid litigation are considered traditional. Innovative settlements involve reducing a portion of the penalty assessed for a promise to take specific actions that confer direct environmenta l benefits.

Innovative enforcement techniques are employed after a penalty is issued, has undergone appeal to the PCHB and before the PCHB’s final hearing. The Assistant Attorney General and the inspector/investigator coordinate efforts in the settlement negotiations. Upon reaching settlement, the violator withdraws the appeal and submits a settlement agreement to the PCHB.

Innovative settlements should: Benefit the environmental medium harmed by the violation;

Have economic value no less than the initi al penalty amount assessed;
Not allow the violator to receive an economic reward or tax break; Not be something the party has already done or was going to do anyway; Not include actions already required by law, permit, or order; Not exceed 80% of the origi nal penalty amount.

Innovative settlement proposals should conform to one or more of the following categories:

Pollution Prevention: A pollution prevention project is one that substantially reduces or prevents the generation or creation of pollutants.

Environmental Restoration, Enhancement and Monitoring: An environmental restoration project is one that not only repairs environmental damage but goes beyond repair to enhance the environment in the vicinity of the violating facility.

Environmental Audit ing: An environmental auditing project is one where the respondent undertakes auditing practices, in addition to those already required by law, that are designed to seek corrections to existing management and/or environmental practices whose deficiencies appear to be contributing to recurring or potential violations.

Public Awareness: Public awareness projects include publications, broadcasts, or seminars aimed at the regulated community that underscore the importance of environmental compliance and poll ution prevention. Public awareness materials developed as a result of an innovative settlement must be reviewed and approved by Ecology.

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

household hazardous waste collection, and public education.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 84 Appendix 3 Memos Addressing the Applicability of HB 1010



### DEPARTMENT OF ECOLOGY

February 5, 1998

TO: All HWTR Staff

FROM: Greg Sorlie, Manager

SUBJECT: The Application of RCW 43.05 (HB 1010) to our Work

As you have recently heard, via the cover memo from the four program managers, the agency has had to make inoperative certain sections of RCW 43.05, Technical Assistance Programs. This is the law, which codified certain field visit provisions of ESHB 1010. Those sections made inactive deal with the ability to immediately penalize businesses for certain violations. This was due to perceived conflicts with federal law, and was jeopardizing our authorization of our Hazardous waste program . As a result, Ecology has notified the Legislature, EPA, and the Governor, that we have made those sections inoperative for those federally delegated programs. We have also stated our intent to remain true to the intent of the legislation. EPA is only concerned that law prohib its us, not by policy.

What does this mean to you? Very little in the way of what enforcement we will take. However, you should be aware of what this means to implementation of field visits. The HWTR Program has two major types of visits, which we provide to our clients. Visits aimed at complying with the Dangerous Waste regulations and visits aimed at providing Pollution Prevention information. Although we have worked at integrating these two disciplines in our program, each staff should have. a good idea of the goal of the visit prior to entering the business.

Dangerous Waste Compliance Visits

Our Dangerous Waste regulations have been submitted to fulfill the requirements of federal

authorization of the h azardous aste p rogram. The state components of th e program are intertwined into the federal components such that we do not separate them for purposes of authorization, and will not for the purpose of determining when and if RCW 43.05.040.050.060(3) and .070 applies. This means that if we view significant violations during a Dangerous Waste Compliance visit, we can legally, now, go directly to penalty without worrying whether these criteria have completely been met. We have rarely

issued an---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 85 The Application of RCW 43.05 (HB 1010) to our Work February 5, 1998 Page 2

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

with the intent of the technical assistance law. We need to ensure that we not confuse businesses or ourselves by the way we implement our field visits. We should make sure that in our representation of these visits we do not assert that we will not be able to penalize by law. If explanation is asked of when an enforcement action could result, you can still use the criteria quoted in RCW 43.0 5.070 as general criteria used. Obviously, we should not call our Dangerous Waste visits "technical assistance visits", and documentation resulting from such visits should not reference this law.

Business Assistance Visits

Pollution prevention visits ste m from a state law RCW 70.95, which is not associated with a federally delegated program. Our program has previously determined that RCW 43.05 did not apply to pollution prevention visits because of the provisions of that law which make such visits enforce ment ineligible. RCW 70.95 specifies criteria where violations viewed during these visits could be referred to compliance staff for possible enforcement. In the past we have called such visits Business Assistance visits, and have not been constrained by RC W 43.05, because our intent is not to ever issue an enforcement action directly as the result of such a visit. It is our intent to continue with this philosophy. To the. extent appropriate for each visit, we should look closely at the information needs spe cified in RCW 43.05.060, because these are common

- sense information items that businesses would be interested in. Again, we should not represent our "Pollution Prevention Visits" as "Technical Assistance Visits", since that may confuse a few well

- informed businesses. Should such a business inquire how we are implementing RCW 43.05, we should state that our intent is that such visits not be eligible for enforcement and therefore we are implementing RCW 70.95's provisions instead.

Other Field Visit Types

Ou r program has worked hard to provide a range of services to the public such as, Increased Generator Contact, Single Industry Campaigns, and Joint TR and Compliance visits. How does the recent changes in the law apply to these? The intent of the visit shoul d be clear prior to undertaking such a visit. If the intent is to provide assistance under RCW 70.95, we will perform these as Business Assistance visits. All staff are eligible to perform business assistance visits, not just Toxics Reduction staff. If the aim is to provide enforcement eligible compliance assistance, then we will provide them as if they are compliance visits. Certain staff may be precluded from making Compliance visits due to designation as Technical

Assistance Officers under RCW 70.95.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 86 The Application of RCW 43.05 (HB 1010) to our Work February 5, 1998 Page 3

Requested RCW 43.05 Visits

We should go ahead and conduct requested visits if

1. Requested in advance; and,

2. We agree they are appropriate/make sense/aren't a problem facility or under current investigation. We might wish to explain that we have a range of visits we offer in the HWTR Program and the benefits of each, and then let businesses decide for themselves.

If you have any questions regarding the above, please talk to your supervisor. Should they remain unresolved, please refer them to the Implementation Network for discussion so that we can resolve them with the HWTR Management Team.

GS:nh---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 87 DEPARTMENT OF ECOLOGY

February 5, 1998

TO: Ecology Field Staff

FROM: Greg Sortie, Joe Williams, Megan White, Mary Burg

RE: Conflicts between Federally Delegated/Authorized Programs and

Regulatory Reform/RCW 43.05 ( HB 1010)

We would like to inform you of actions taken by Ecology and EPA regarding HB 1010, the Regulatory

Refor m Act. EPA recently notified Ecology that conflicts existed with federally delegated and authorized programs due to sections of HB 1010 which prevent Ecology from being able to immediately issue penalties for certain violations. EPA determined that those c onflicts were jeopardizing our federally authorized and delegated programs. As a result, we have notified the legislature that, according to provision 43.05.901 of that same act, we have made inoperative those conflicting sections for the affected programs . We have also voiced our intent to still adhere to the spirit of this legislation.

Which laws are affected?

Programs or laws affected are: Clean Water Act, Underground Injection Control Program, Underground Storage Tank Program, Hazardous Waste Program and seven Air Quality Programs (Title 5,

Maximum

- achievable

- control technical standards, national emission standards, state implementation plans, new

- source performance standards, prevention of significant deterioration, and new

- source review). Only the fe derally authorized portions of these programs are affected. Any other program or law not mentioned above is still subject to the full extent of the law.

How does this impact you?

Penalties

In essence, this will make little change in the number or focus of our enforcement actions. Although we now have authority to issue penalties when ESHB 1010 would otherwise have precluded it, in practice this should not happen often. The limits in ESHB 1010 on the issuance of penalties are very similar to Ecology's Enf

orcement Policies. Therefore, it is our intent to continue to consider the criteria mentioned in RCW 43.05.050 and .070 when considering whether an enforcement action appropriate. These criteria

are:

The violation was a condition of a permit

Previous enfo rcement actions had been taken or notice given to the violator The problem had not been corrected in a timely manner There exists a probability of death or bodily harm There exists a probability of causing more than minor environmental harm

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

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 88 If you believe one of these criteria applies, you should not let questions about whether sufficient evidence exists to prove it stand in the way of issuing a penalty. We will need to change our Compl iance Assurance Manual to reflect when HB 1010 (RCW 43.05) applies, when we formalize our Performance Partnership Agreements with EPA later this year. Until then, this guidance will have to suffice.

Technical Assistance

This decision does not affect Ecol ogy's ability to provide technical assistance. ESHB 1010's requirement that Ecology develop technical assistance programs is still in effect.

Each affected program may want to review the implementation issues of our and EPA's recent

determination. For sit e visits resulting from federally authorized or delegated programs, we may need to review hove we represent our visits and the resulting documentation. However, we wish to clarify that it is Ecology's intent to not change our basic approach to enforcement. The common

- sense approach should be followed to allow us to use our limited enforcement resources in the most environmentally effective fashion. We have been impressed with Ecology staff `s use of enforcement discretion and expect we will continue to use it.---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 89 Appendix 4 Chapter 34.05 RCW

- Administrative Procedures Act, including HB 2603 Notification letter from Director to EPA Regional Administrator---------------

Program Description

- Washington Department of Ecology Hazardous Waste Program Note: Each section designated by a capital letter is dated separately. See Section Headings for most recent update. 90