Washington State 

Department of Ecology

Hazardous Waste and Toxics 

Reduction Program

Program Description

Ecology Publication No. 10-04-012

May 2010
 

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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. 

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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. 

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Dangerous Waste Rule Amendments 

Effective State Rules as of November 2007 and July 2009

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 these newly 

adopted federal hazardous waste rules are addressed in the Program Description. The right-most column 

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

federal rules is followed by a copy of Ecology’s Focus sheet that highlights some of these and other stateinitiated rule changes. 

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

First, the K181 Dyes and/or Pigments Production Wastes 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 additional rule corrections beyond what the 2009 rule revision included. 

Specifically, the phrase “per waste stream” needs to be removed from both WAC 173-303-200(2)(b) and 

(2)(c). Both of these rules will be corrected and included in the next rule development cycle. Once 

these rules are revised they will be part of a future authorization revision request.

The entire Program Description was reviewed in 2010 and shows 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 the program description refers to the authorized RCRA hazardous waste program, the 

term “hazardous waste program” is used. Although Ecology’s Hazardous Waste and Toxics Reduction 

Program is primarily responsible for implementing the hazardous waste program, 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 the program description also apply to 

these two programs.

Locations of Information 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 Standards

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
 

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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. 

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Revision 

Checklist No.

Federal Requirement Federal Register 

Reference

Date Part:Section

209 Hazardous Waste 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 

Replacement 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; 

Corrections 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
 

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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. 

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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. 

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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. 

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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. 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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Table of Contents

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

PART I. Regulatory Rules and Procedures .........................................................................13

I. Introduction ......................................................................................................................................................13

A. Scope ...........................................................................................................................................................................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 Washington'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 Provisions ...............................................................................................................................................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 Criteria.........................................................................................................................................................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 Summary.................................................................................................................................................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 Generators......................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 Disposal Restrictions...................................................................................................................................30

8. Permitting Requirements......................................................................................................................................30
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 for 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 Treatment, 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. Permit 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 Inspections/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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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c. Joint 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 evaluations..........................................................................................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. Penalties ...............................................................................................................................................................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 Settlement Process Steps....................................................................................................................57

V. House Bills .......................................................................................................................................................57

A. HB1010 (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. Emergency 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 Responsibility ...............................................65

A. Department of Ecology Organization..........................................................................................................................65
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 and 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 Sources...............................................................................................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. Hazardous 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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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PART I

REGULATORY RULES AND PROCEDURES

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 Hazardous 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 authorized 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 State program, 

administered by Ecology, has regulatory authority over nearly all areas of dangerous waste management, 

including notification, inspection, monitoring, permitting, compliance monitoring, manifest tracking, 

corrective action and enforcement. 

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

Ecology amended its regulations in June 2009 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 indicated 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 are 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 and 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;
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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(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 monitoring 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 Regulations.

D. Puyallup Reservation Non-trust Lands Within the 1873 Survey Area (last update: 5/11/10)

A revision to the State’s authorized program became effective on October 22, 1998 to include the nontrust 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 exception 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 

September 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 procedures. 

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 communicating changes in jurisdiction 

from Ecology to EPA, or from EPA to Ecology. The “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 participate 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 Department of Ecology, and the 

US Environmental Protection Agency (Intergovernmental Agreement).
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 forth 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 disposal of extremely hazardous wastes. While the legislation established another category of wastes, called 

dangerous wastes (DW), Ecology, at that time, was not authorized 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 Disposal 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 equivalentto and consistent with EPA's rules. Federal hazardous waste rules were 

set forth in 40 CFR (Code of Federal 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 stringent 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 Base 

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 update: 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 consistent 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 that 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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1. Designation Summary

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 wastes according to the degree of hazard posed by a waste to the 

public health and the environment. The waste classification system implemented by Ecology to designate 

that degree of hazard included assessing wastes by three criteria: their level of toxicity, 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 to 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. (Regulations 

Pertaining to Generators). The federal term “acutely hazardous waste” and the State term “Extremely 

Hazardous Waste” (EHW) 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 designated “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 hazardous 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 generation 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 regulations 

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 operator 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 initiates 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, storage, 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 exported to permitted facilities outside the State.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 compromising 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 Persistence 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;

 Revising 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 level PCB contaminated solid waste; 

 Redefining management standards for special waste and prescribing a specific disposal standardMunicipal 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 toxicity 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 amendments 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 hazardous 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 2005, the state adopted non-HSWA BIF requirements to 

ensure that all BIF requirements can be implemented. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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2. HWSA Corrective Action Summary

In the legislative history of HSWA, Congress noted that a significant number of hazardous waste 

management facilities 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 addressed 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, Congress 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 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. The corrective action is required regardless of 

when the waste was placed in the 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 waste 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 status 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 Action 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 Alternative 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 Updating 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 

regulations. 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 primarily 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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The Dangerous Waste Regulations were most recently amended in June 2009 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 outline framework and substantive details for the amended 

(most recently, June 2009) Washington State Dangerous Waste Regulations, Chapter 173-303 WAC 

(Washington Administrative Code).

In numerous instances, Chapter 173-303 WAC incorporates federal 40 CFR (Code 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 parts, 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, 2007."

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

Ecology includes procedures in Chapter 173-303 WAC for identifying solid wastes. These procedures 

are essentially identical to EPA regulations, with some exceptions for materials that would not be federal 

solid wastes (that is, the state-only wastes). Ecology's requirements 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 state-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 explained 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 were developed by EPA and adopted by Ecology (see WAC 173-303-9903 and 9904). 

EPA's criteria for listing were based on the toxicity, persistence, 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 sources 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) rather 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 designation if they 

no longer exhibit the characteristic that caused them to become listed in the first place. The State has an 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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additional provision under which a waste must also no longer exhibit any state criteria before they can 

lose their listing status. The other 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. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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?

Worksheet 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 Flow 

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

Continue to 

Additional State 

Dangerous 

Waste 

Designation 

Flow Chart:

Pathway Two
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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:- Generator is an SQG and the waste is DW with a 220 pound QEL- follow the flow diagram:

Condition 2:- Waste is DW and is discharged to a POTW operating under a “Permit by Rule” [082(4)],

determine if your waste is EHW under section 100; 

or

Condition 3:-Waste 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 

Finished

Stop

Designation 

is Finished

Worksheet 9 

Is the waste 

WT01 or WT02 

Criteria per –

100?

Worksheet 10

Is the waste WP01, 

WP02 or WP03 Criteria 

per –100?

Record the WT 

number

Record the WP 

number

Pathway Two for 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”).
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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3. State Criteria

Finally, Ecology supplements 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 persistence 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 still 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 Generator (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 generator'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 further 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 toxicity 

and persistence criteria for all constituent 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 those 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 according 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 generator 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 173-303-100(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 special wastes 

from the full requirements of Chapter 173-303 WAC are contained in WAC 173-303-073. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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5. Mixed Wastes

Ecology has provisions in State law that allow the State to regulate mixed wastes containing hazardous 

components subject to the Resource Conservation 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 radioactive 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 nuclear 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 wastes from regulation if a generator (or 

group of generators) petitions 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 designated 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 can 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 Routine 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, exceeding) 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 time 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 keeping 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 contained 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 complies with the requirements for facility operators 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 

closure 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 regulatory incentives for environmentally 

high performing Large Quantity Generators that qualify for the Performance Track program. On 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 information 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 TSD 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 submitted 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 waste. 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 standardizing 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 imported

and exported 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 reporting 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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5. Land Disposal Restrictions (LDR)

Washington has adopted (incorporated) by reference all federal restrictions to land disposal 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 exclusions.

Washington initially adopted and began implementing the federal Land Disposal Restrictions (LDR) in 

January 1994; further LDR amendments 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 Washington 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, and 

 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 exception reports sent to EPA must also be 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 regulations 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 next 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 

purpose. 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 pesticide 

wastes elsewhere is subject to Ecology's generator 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 

quantity 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 limit 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 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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extension if the waste must be transported over a distance of two hundred miles or more 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 Conditional 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 exceed 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 Quantity Generators".

Small Quantity Generators 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 potential 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 offsite facility that is either 1) a permitted facility under the Dangerous Waste Regulations, 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 recycling, 5) permitted to manage municipal solid waste, 6) permitted to manage nonmunicipal 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 must 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 transportation (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 requirements. 

Transporters are also responsible for notifying authorities 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 must comply with all generator requirements (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 requirements 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 facilities 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. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 are 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 waste 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. Beginning 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 required for all recycling facilities, and financial assurance 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 requirements.

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 and 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 financial 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 

update: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 

applicable local, state, and federal laws (such as local comprehensive 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 

comply 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 as sole source 

aquifers and designated historic areas. Minimum setback distances have been established from 
 

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identified resources. For example, land disposal facilities must be located at least 1/4 mile from 

perennial surface water bodies.

 

3. Tank Standards

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 releases, 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 reportable 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 monitor 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 Innovation 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 detection 

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 Hazardous 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 treatment, 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 steam 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 organic 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 waste 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 
 

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combustion units can use the new permit modification when adding 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; the 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 amendments 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 (names, 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 Restrictions (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 restrictions 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 amendments 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/operator 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 period, 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 training, inspection schedules, emergency plans and equipment, records of operation, 

environmental monitoring, documentation of financial responsibility, closure, corrective action and postclosure 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 application 

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 updates 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.).
 

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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 categories 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 quantity 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. 

Previously we had adopted the proposed 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 universal 

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 transporters 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 extra 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 provision 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 federal 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 quantity 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 transporter 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 from 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 facility 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 phase 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 Waste Units and Facilities #94-111 was 

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

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4. Fertilizer

In 2000, Ecology made several changes to the Dangerous Waste Regulations that pertain to hazardous 

waste 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 fertilizer. 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 same 

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 hazardous 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 State 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 Review 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 criteria at 

WAC 173-303-505(b). The review criteria were originally 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 recommendations 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 

Compounds (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 analytical 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 cycle except in place of the TCLP test for certain metals, an LDR certification can be 
 

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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 Disposal 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 wastes 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 Tubes (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 televisions and computer monitors. CRTs that are 

recycled are conditionally exempt from solid waste. Ecology adopted most of the 2006 federal rule, 

except that 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 assurances 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 for owner/operators of facilities seeking a RCRA permit for the treatment, storage,

or disposal of hazardous waste to:
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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 Implement corrective actions beyond the facility property boundary where necessary to protect 

human health and the environment, unless the 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 Subpart S", referring to their draft status and anticipated 

subpart in 40 CFR Part 264. Only part of draft Subpart S was finalized. EPA later withdrew most of the 

proposed rule and published ANPRM (Advance Notice of Proposed Rulemaking) 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 Initiative 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 State 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, State 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 recover 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 independent cleanups.
 

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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 Washington 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 remedial 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 action.

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 Cleanup 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 that 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 action 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 cleanup 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 risks 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 TSD 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: enforcement 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 Ranking Criteria can be found in the report entitled 

Northwest RCRA Corrective Action Strategy.
 

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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 seek, 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 individual 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 costs of direct activities, and 

interest charges for delayed payments.”

Because of the cost recovery provisions that Ecology uses for corrective action work, the Legislature 

initially granted Ecology the ability to hire additional corrective action staff, but 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 Toxics 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 used 

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 regulating 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 remediation 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 performance 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.
 

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Ecology 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 Model 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 needed 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 

financial 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 prescriptive 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 

cleanups 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 consent 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, where 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-closure 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 state 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 necessary. 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 

elements 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 

(CAMU) 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 off-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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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IV. Public Involvement and Availability 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 affected 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 Drinking 

Water Act, and the Clean Water Act.

For the disclosure of information 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 the 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 public 

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 helping 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 

manipulating existing information into new forms (for example, preparing brand new reports, 

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 at large.

Ecology can deny requests for information. Denials will include statements of applicable appeal procedures and statutes of limitations. If a disclosure request is denied because a claim of business 

confidentiality could not be resolved within the twenty-day response period specified in 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 Program (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 other 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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39

Ecology intends to continue updating 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. Statutory 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 

accomplished 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 to State regulations are made in accordance with Chapter 34.05 RCW, Administrative 

Procedures Act, and are generally accomplished in two years or less. Ecology prepares 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 files the final changes with the Code Reviser. Once 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 date may be later, 

if necessary. Simple 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 that 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 in 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 facilities 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 opportunities 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 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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40

environment." 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 program, 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 procedures 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 173-303 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 Treatment 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 the end of this part, 

lists all operating facilities that have a final permit or Interim 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 notification 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-

045; currently this section states that any EPA regulations adopted (incorporated) by reference reflect 

federal rules in place on July 1, 2007. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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Ecology also allows existing facilities that are not currently regulated to qualify for interim status if their 

activities become newly regulated by amendments to State regulations. To qualify, the owner/operator must 

submit a Part A permit application within six months of the date the new amendments are adopted. Facilities 

may qualify for state-only interim status 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 applications will be processed in accordance with the State's enforcement 

policy. 

III. Final Status Facility Permits

A. General Information (last update: 7/18/06)

Final status permits are written by Hazardous Waste and Toxic Reduction (HWTR) headquarters staff, 

Nuclear Waste Program staff in Richland, or Industrial Section 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 

appropriate. 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 specific 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 management 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 under 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 facilities 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 permits except permits by rule and 

interim status permits (for example, duty to comply with permit conditions, duty of proper operation and 

maintenance, etc.). 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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42

There are special additional Part B information requirements and special design, construction, 

performance, 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 waste 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 permit 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 identical 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 initial 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 preapplication public meeting and notice requirements, which are included at WAC 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 criteria 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 prohibit underground 

injection of extremely hazardous waste. They require compliance with 40 CFR 144.14 and all applicable State waste discharge permits and conditions;
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 has 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 state-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 and 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 either 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 threats 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 update: 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 introduction 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 permitted. 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 issued 

as a phased permit (WAC 173-303-808(4)).
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 proposes 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 information 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 changes, 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 capability 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 three 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 land 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 applications, 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.

Review 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 requirements 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 facility 

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 final 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 undertaken 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 accordance 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 judgments 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 expedited 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- and 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 Ecology 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 by 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 

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

appeals 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 

formal 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 Program 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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46

Figure 3. Permit Process for Dangerous Waste Facilities
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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47

Ecology receives permit

application

Ecology reviews application

Ecology notifies applicant of

deficiencies

Ecology receives and

reviews revisions

Ecology prepares draft

permit decision

Ecology receives and

evaluates public comments

Ecology finalizes permit

decision and prepares

responses to comments

Ecology issues or denies

permit

May start with:

 Notice of Intent, then full

application

 NOD and full application; or

 Existing permit that is expiring soon

or has expired.

Set schedule for

 Regular meetings; and

 Submittal/review of application

sections

Ecology receives and reviews revised

application section

Ecology and facility meet to:

 Discuss Ecology's review

 Receive newly revised application

section

 Discuss needs for future application

sections

 Resolve technical issues

 Clarify problems and needed

solutions

Facility submits full application with

changes in response to Ecology review

Ecology prepares draft permit decision

Ecology receives and evaluates public

comments

Ecology finalizes permit decision and

prepares responses to comments

Traditional Process Expedited Process

Ecology issues or denies permit

Applicant revises

application

Repeat notice

cycle as needed

Notice of Intent

Applicant revises

section

Figure 4: Traditional and Expedited Permit Review Processes

Department of Ecology March 2001
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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Table 1. Permits for Hazardous Waste Facilities

(last update: 5/11/2010

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

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 – Moxee City

11. Puget 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 Assurance 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 

includes 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 narrative 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 authority 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 departmental 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, or 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 

endangerment to health or the environment. This authority is incorporated into WAC 173-303-960(2).
 

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RCW 70.105.090 makes certain violations a gross misdemeanor and provides for criminal sanctions. 

Additionally, Section 15 of Initiative 97 amended Chapter 70.105 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 Inspections/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 requirements 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 paper 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 towards 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 believes 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 Plan, 

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 enforcement 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 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. The Program also 

aggressively pursues a strong compliance 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. 

Inspections are to occur using the following schedule:
 

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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 regulated 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 Assistance (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. Follow-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, with the exception of certain compliance technical assistance visits, are recorded in 

RCRAInfo (Resource Conservation and Recovery Act Information System) if the site is a notified 

generator. Violations of Dangerous Waste Regulations determined as a result of 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 Generator 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 on 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 visits 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 facility with regulatory information, and requires no formal write up, although the facility 

is often sent a follow-up letter with additional information.
 

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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 written 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 educational 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 the 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 

inspection 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)

NOTE: The following information on Corrective Action is meant to summarize 

certain aspects of Hazardous Waste/Toxics Reduction Program’s (HWTR) Corrective 
 

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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, funding, 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 constituents 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 monitoring 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 action 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/operator 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 comprehensive 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 dangerous 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 and 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 maintenance 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 development 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 investigations, 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 with enforcement actions, to verify compliance with a corrective action schedule, or to 

review deficiencies noted in a previous inspection.
 

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III. Enforcement Procedures (last update: 10/01/05)

NOTE: 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 

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. Please 

refer to Appendix 1 for a formal 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 dangerous 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 intent 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 compliance 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 schedules 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 necessary 

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. 
 

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A Significant Non-Complier is a facility that: a) has caused actual, or substantial likelihood, of exposure 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, agreement, 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 discussed 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. Administrative 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 

appealed 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 order, 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 enforcement examples. For further details on penalty 

determinations, please refer to the Compliance Assurance Policy included as Appendix 1.
 

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C. Criminal Prosecution (last update: 10/01/05)

Generally, Ecology will seek criminal sanctions only when violations 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 enforcement 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. This 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 communication 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. Ecology 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 must 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 when 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 assessed. The decision to mitigate, cancel, 

or affirm should include consideration and discussion of the argument(s) provided by the violator in the 

Application For Relief.
 

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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 PCHB 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 presented 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 general 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 process. 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 beneficial impact on the environment.

Currently, funds from penalties assessed by the HWTR 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 innovative 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.
 

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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 Bills:

A. HB 1010 -Chapter 43.05 RCW Technical Assistance Programs (last update: 5/11/10)

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 premise that it is appropriate 

and more effective for agencies to emphasize assistance and education before imposing penalties, and 

that enforcement should not place those who voluntarily comply at a disadvantage. The Bill supported

taking enforcement action against 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. Exceptions 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 did not substantially alter the traditional 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, 
 

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Ecology determined pursuant to RCW 43.05.901 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 Legislature as required by RCW 43.05.902 on December 10, 1997. 

B. SB 5042 and HB 2603 - Chapter 34.05 RCW- Administrative Procedures Act

(5/11/10)

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 conflict 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 inoperable for the state hazardous waste program. This letter is found 

in Appendix 4 of this document.

PART IV

DATA COLLECTION AND MANAGEMENT

I. RCRA Information Management (last update: 5/11/10)

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 -Identification number on manifests that accompany shipments of regulated 

hazardous/dangerous wastes. A RCRA Identification (ID) number 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 State 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 responsibility for issuing ID numbers on tribal lands. 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 manage information relating to 

the implementation of RCRA. Both agencies use the Resource Conservation and Recovery Act 

Information System (RCRAInfo) for the storage, tracking, and analysis of data relating to state and 

federal hazardous waste program activities. 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 “Facility/Site” 

information management system and provided to EPA on a monthly basis in the prescribed flat file 

formats for the RCRAInfo Handler Module. Applications for Hazardous Waste permits, inspections, 

corrective action procedures and enforcement proceedings are entered into RCRAInfo 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. 
 

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The information entered by Ecology into the RCRAInfo system exists with similar RCRAInfo

information entered by EPA. The details of how both agencies use RCRAInfo 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. 

RCRAInfo 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 Annual 

Dangerous Waste Reports. The reports are due to Ecology by March 1st 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 hazardous 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 destination 

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 years). 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 Waste Generation and Pollution 

Prevention 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)

Annual 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 designed 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 Management) 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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 without RCRA ID Numbers and for non Pollution Prevention Planner technical 

assistance for sites with RCRA ID Numbers

TurboWaste.net

TurboWaste.net is an on-line reporting tool for collecting hazardous waste generation and management 

data from Dangerous Waste 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) Reports

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 staff 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 & Community 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 request.

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 

developed 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 specific 

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 

Papers. 
 

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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 more 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 computerized 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 have 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-processing 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 Institutional 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 

"keyword" field will be searched- not the thousands of pages in the entire system.

 The system 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 telephone 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 RCRAInfo. The 

Program has developed an ACCESS database application to quantitatively track the more important of 

these tasks on a monthly basis. Examples of data tracked in the Monthly Report Database are
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 Regional Office managers. 

Monthly 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 Prevention 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 313, 

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 systems 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 hazardous 

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 application known as “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 1987, Washington State adopted the federal SARA 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 planning 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, provides technical assistance to 

businesses and the public, manages business reporting data and compliance for reports required under 

EPCRA, and provides assistance and support to the local government agencies. The Community Rightto-Know Unit is the sole 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 guidance and support to the 

local agencies. Reports required under EPCRA include:
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 Emergency 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 of 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 year 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 Access to manage facilityspecific 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 integrity, 

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 respond 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 Planning Committees and local fire departments for use on emergency response vehicles.

Approximately 350 facilities report under EPCRA §313 – Toxics Release Inventory (TRI) requirements. 

This data is managed in the TRIDex application and MS Excel. In addition, most 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 2008, 

3838 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 Chemicals in Washington State Summary. 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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.

Regulated 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

TSDR’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 were 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 instate or out-of-state, for management)

139,008 278,015,020

Total 182,844 365,687,640

*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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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: 5/11/10)

The Washington Department of Ecology (Ecology or Agency) is the agency mandated by the State 

Legislature to administer Washington's federally approved hazardous waste program pursuant to the federal 

Resource Conservation and Recovery Act (RCRA). As shown in Figure 5 (Washington State 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 (Central 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 Waste 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.

Each 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 

allocations, 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: 5/11/10)

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 disposal (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) Facilities: 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.
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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66

b. Voluntary Compliance and Education:

In addition 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 activities 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 Hazardous 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 curriculum 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 requirements. 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 Pollution 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 business 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 Information Data Management and Reporting

To comply with certain federal and State data tracking requirements, as 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 reduction 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 computerized compilation of Program 

regulatory interpretations, background documents, fact sheets, etc.;

 Maintaining RCRAinfo Hazardous Waste (HW) Handlers Database;
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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67

 Maintaining SARA Title III (EPCRA) data via the EPCRA Tracking System;

 Developing and Maintaining 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 sectionsthe Pollution Prevention and Regulatory 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: Development 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 Section 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 Waste 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 health 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 

responsible 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 collects 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) planning 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 Know 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 collection of these waste reduction plans, 
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 of 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 cover 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 postclosure activities (overseeing closures), reviewing plans and permits, providing regulatory 

interpretations and technical assistance, responding to citizen complaints about 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 by documenting and making recommendations for enforcement actions to their Regional HWTR Section Manager, who has signatory authority for 

all enforcement actions within their jurisdiction. 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 example, 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 responsible 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 the 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 radioactive) 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 with the 

assistance of the appropriate Regional Office. 
 

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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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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70

Figure 6. Hazardous Waste and Toxics Reduction Program- Headquarters Staff – March, 2010
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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71

Figure 7. Hazardous Waste and Toxics Reduction Program- Regional Staff – March, 2010
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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72

Figure 8. Waste 2 Resource Program’s Industrial Section – May, 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-5 407-6934

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

Weyerhaeuser – 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) - Vancouver

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 Base 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 Project 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
 

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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
 

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Program Description- Washington Department of Ecology Hazardous Waste Program 

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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 

Account.

Table 2. Funding Profile for FY10 and FY11 (July 1, 2009 - 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 985,925 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 $14,399,489 $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. Industrial 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 Ecology and Department of Interior. Rate is 36.80% times (Salaries + 

Benefits) through the end of FY10. 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. 

The NWP is funded at 49 FTE for dangerous waste program activities and does not utilize 

RCRA grant monies.

III. Program Planning Process (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 Resource 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 allocations 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 detailed 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. 
 

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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 hazardous 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 that 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 public 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 noncompliance with regulations deemed important enough on which to spend limited state resources.

In addition, the HWTR Program 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, rather 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 Resource 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 

equity and fairness. Rule interpretations and actions taken to assure compliance will be implemented in 

a similar fashion under similar circumstances throughout the state.
 

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The HWTR Program will continue to work with other Ecology entities (for example; Nuclear 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 communication 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 compliance. Open communication is preferred to minimize continued noncompliance 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 direction 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 voluntary 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 imminent 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, consent agreements, judicial 

actions and civil penalties. Formal enforcement actions may be appealed to the Pollution Control 

Hearings Board.
 

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Referral for criminal investigation - Any person who knowingly 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 

potential 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 authority.

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 responsible 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 human 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 noncompliers

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 environment, 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 influence 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 difficult. 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 quantifiable data are available. Please refer to 

the HWTR Inspector’s Manual, for guidance and examples in calculating economic benefit.
 

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78

Public entities (e.g., local, state or federal agencies) 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 applicable 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 

orders 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 completed 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 evaluate 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. Determination 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 Regulations, 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 examples. EPA developed detailed guidance for establishing penalty 

amounts in their RCRA Civil Penalty Policy, dated October 1990. The HWTR Program has modified 

EPA’s approach, 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 discretion 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 should 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 Violations - 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 requirements 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.
 

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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 from 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 

presented 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 facility 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 ground 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 purposes 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 Program 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, corporation, 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 violation. 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 serious 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 violation does not involve criminal conduct.
 

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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 recommendation 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 encourage 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 environmental 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 address Significant NonCompliers. 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 several 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 negotiated 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 health 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 

relationships 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 environment. 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 

needed.
 

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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 appropriate 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 the 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 in 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, whose 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 progress 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 submit 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. Planners 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 submitted 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 the 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 are incorporated 

into an operating permit or through administrative orders (negotiated or unilateral). 
 

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82

Activities conducted by the HWTR Program to implement Corrective Action will emphasize a 

cooperative approach with potentially liable persons. Agreed orders, consent decrees, and unilateral 

actions will be employed, as necessary, consistent with existing policies and procedures. 

Effective: November 1989

Revised: August 2005

References: 

 

Contact: Implementation Network
 

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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 environmental 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 initial 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 original 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 Auditing: 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 pollution 

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.
 

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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 prohibits 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 hazardous aste program. The state components of the 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
 

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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 43.05.070 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 stem 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 enforcement 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 RCW 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 specified 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

Our 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 should 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.
 

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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
 

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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 

Reform 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 conflicts 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 federally 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 Enforcement 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 enforcement 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
 

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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. 

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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 Compliance 

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 Ecology'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 site 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.
 

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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. 

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Appendix 4

Chapter 34.05 RCW- Administrative Procedures Act, including HB 2603

Notification letter from Director to EPA Regional Administrator
 

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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. 

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