reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part IV - CHEMICAL ACTION PLANS (CAPs) › Section 173-333-410 - What evaluation factors and processes will ecology use to select PBTs or metals of concern for chemical action plan preparation?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Ecology will
				consult with the department of health to develop a multiyear schedule for the
				preparation of chemical action plans. The purpose of this section is to
				describe the evaluation factors and processes ecology will use to prepare and
				update the multiyear schedule.
(2)
Evaluation factors.
(a) Ecology
				will consider the following factors when preparing the multiyear schedule:
(i)
Relative ranking.
The
				relative ranking assigned to each PBT based on ecology's evaluation of
				information on PBT characteristics, uses of the chemical in Washington,
				releases of the chemical in Washington, the levels of the chemical present in
				the Washington environment, and levels of the chemical present in Washington
				residents.
(ii)
Opportunities
				for reductions.
Whether there are opportunities for reducing or phasing
				out uses, production or releases of the PBT in Washington. In reviewing
				available information, the agencies shall consider whether more than one PBT is
				present in particular products, generated in particular processes or released
				from particular sources (co-occurring chemicals).
(iii)
Multiple chemical releases and
				exposures.
Scientific evidence on the combined effects of exposure to
				one or more PBTs and other substances commonly present in the Washington
				environment.
(iv)
Sensitive
				population groups and high-exposure populations.
Scientific evidence on
				the susceptibility of various population groups including the timing of the
				exposure and the cumulative effects of multiple exposures.
(v)
Existing plans or regulatory
				requirements.
Whether there are existing plans or regulatory
				requirements that reduce and phase out uses and releases of a particular PBT or
				group of PBTs.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part IV - CHEMICAL ACTION PLANS (CAPs) › Section 173-333-430 - What process will ecology use to develop CAPs?

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of this
				section is to identify the process ecology will use to develop CAPs.
(2)
Workplan/scoping.
Once a
				chemical is selected for CAP development, ecology will initially plan and scope
				the CAP of the selected chemical based upon available information regarding the
				chemical's products, uses and releases; human health exposure and ecological
				hazards; environmental releases, fate, and transport; environmental
				concentrations and available substitutes; available options for managing uses
				and releases; estimated costs, benefits and effectiveness of alternate
				management options; and any other information ecology determines is necessary
				to support the CAP development process. Ecology will consult with the
				department of health regarding all portions of the CAP related to human health
				exposures.
(3)
Advisory
				committee.
Ecology will create an external advisory committee for each
				CAP that ecology develops. The purpose of the advisory committee is to provide
				stakeholder input and expertise.
(a) The
				advisory committee membership will include, but not be limited to,
				representatives from: Large and small business sectors, community,
				environmental and public health advocacy groups, local governments, and public
				health agencies. When appropriate, representatives from the following groups
				will also be invited to participate: Agricultural groups, worker safety
				advocacy groups, and other interested parties. Federally recognized tribal
				governments will also be encouraged to participate. In addition, representation
				from other state executive agencies may be requested to provide input and to
				represent agency interests in the CAP development process. Outside experts (if
				needed) may be requested to provide technical expertise.
(b) A neutral third-party facilitator may be
				hired to facilitate advisory committee meetings.
(c) The advisory committee will follow a
				consultative process, where ecology will draft the CAP in consideration of
				input from advisory committee members.
(d) All advisory committee meetings will be
				open to the public. Ecology will notify the public of advisory committee
				meetings through an announcement posted on the ecology web site and written
				notification to interested individuals and organizations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-010 - Introduction

Current through Register Vol. 24-14, July 15, 2024
Under the Children's Safe Product Act (CSPA), chapter 70.240
				RCW, manufacturers of children's products are required to notify the department
				of ecology when a chemical of high concern to children (CHCC) is present in
				their products or, if the product contains more than one component, each
				product component.
The presence of a CHCC in a children's product does not
				necessarily mean that the product is harmful to human health or that there is
				any violation of existing safety standards or laws. The reported information
				will help fill a data gap that exists for both consumers and agencies.
The CSPA requires the department of ecology in consultation
				with the department of health to identify a list of chemicals for which
				manufacturers of children's products are required to report. The CSPA specifies
				both the characteristics of these chemicals and the reporting
				requirements.
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				     70.240.040. 11-16-008 (Order 09-04), §
				  173-334-010, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-020 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to:
(1) Establish the list of chemicals for which
			 manufacturer reporting is required;
(2) Establish what manufacturers of
			 children's products must do to comply with the reporting requirements created
			 by the CSPA; and
(3) Clarify the
			 enforcement processes the department of ecology will use if manufacturers fail
			 to report as required.
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				     70.240.040. 11-16-008 (Order 09-04), §
				  173-334-020, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-030 - To whom does this chapter apply?

Current through Register Vol. 24-14, July 15, 2024
This chapter applies to manufacturers of children's
				products.
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				  70.240.040. 11-16-008 (Order 09-04), §
				  173-334-030, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-050 - What is the purpose of the CHCC list?

Current through Register Vol. 24-14, July 15, 2024
The CHCC list identifies the chemicals to which the reporting
				requirements apply. A manufacturer must notify the department in accordance
				with WAC 173-334-080 if a chemical on the
				CHCC list is present in a children's product component. The current CHCC list
				is set forth in WAC
				173-334-130.
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				     70.240.040. 11-16-008 (Order 09-04), §
				  173-334-050, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-060 - How can the department revise the CHCC list?

Current through Register Vol. 24-14, July 15, 2024
The department can only add chemicals to, or remove chemicals
				from, the CHCC list by amending this rule in accordance with the requirements
				of the Administrative Procedure Act,
				chapter
				34.05
				RCW.
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				  70.240.040. 11-16-008 (Order 09-04), §
				  173-334-060, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-070 - How will the department identify chemicals for inclusion in the CHCC list?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 will consult with the department of health during the modification of the CHCC
			 list.
(2) A chemical that the
			 department determines to meet all of the following criteria may be included on
			 the CHCC list:
(a) The toxicity, persistence,
			 or bioaccumulativity criteria specified in
			 RCW
			    70.240.010(9); and
(b) The exposure criteria specified in
			 RCW
			    70.240.030(1).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-080 - What must the manufacturer include in its report to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) The report required
			 by RCW
			    70.240.040 must be filed annually with the
			 department in accordance with the following:
(a) Each chemical on the CHCC list that is an
			 intentionally added chemical present in a product component must be reported at
			 any concentration above the PQL.
(b) Each chemical on the CHCC list that is a
			 contaminant present in a product component must be reported at any
			 concentration above 100 ppm. A manufacturer need not file a report with respect
			 to any CHCC that occurs in a product component only as a contaminant if the
			 manufacturer had in place a manufacturing control program and exercised due
			 diligence to minimize the presence of the contaminant in the
			 component.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-090 - Who is required to report to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) The manufacturer of a children's product,
			 or a trade organization on behalf of its member manufacturers, must report to
			 the department that the manufacturer's children's product component contains a
			 chemical on the CHCC list.
(2) The
			 definition of manufacturer in
			 RCW
			    70.240.010 includes any person or entity that
			 produces a children's product, any importer that assumes ownership of a
			 children's product, and any domestic distributor of a children's product.
			 However, it is only necessary for one person or entity to report with respect
			 to a particular children's product.
The following hierarchy will determine which person or entity
				the department will hold primarily responsible for ensuring that the department
				receives a complete, accurate, and timely report for the children's
				product:
(a) The person or entity that
			 had the children's product manufactured, unless it has no presence in the
			 United States.
(b) The person or
			 entity that marketed the children's product under its name or trademark, unless
			 it has no presence in the United States.
(c) The first person or entity, whether an
			 importer or a distributor, that owned the children's product in the United
			 States.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-100 - When must manufacturers report and for what time period?

Current through Register Vol. 24-14, July 15, 2024
(1) On January 31, 2019, and annually
			 thereafter, a manufacturer of a children's product sold or offered for sale in
			 Washington that contains a CHCC listed in WAC
			 173-334-130 in an amount above a
			 de minimis level must submit the information detailed in WAC
			 173-334-080 to the department.
(a) The report submitted on January 31, 2019,
			 applies to children's products sold or offered for sale in Washington between
			 September 1, 2017, and December 31, 2018.
(b) A manufacturer of a children's product
			 containing a CHCC above the de minimis level may request an extension for
			 submission of the report required on January 31, 2019, if this would be the
			 first report required by the manufacturer and the manufacturer will be
			 reporting more than one product or chemical.
(c) Reports submitted on January 31, 2020,
			 and annually thereafter, apply to children's products sold or offered for sale
			 during the prior calendar year.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-334 - Children's safe products-Reporting rule › Section 173-334-110 - When must manufacturers begin to provide notice? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 70.240 RCW,
				  RCW
				     70.240.040. 11-16-008 (Order 09-04), §
				  173-334-110, filed 7/21/11, effective
				  8/21/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
Authority.
Chapter 70A.350 Revised Code of Washington (RCW)
				authorizes ecology to:
(a) Implement,
				administer, and enforce chapter 70A.350 RCW.
(b) Regulate priority chemicals in priority
				consumer products.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-015 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to any person who manufactures, distributes, or sells or offers to sell
				a priority consumer product that contains a priority chemical in or into
				Washington state.
(2) This chapter
				does
not
apply to:
(a) Consumer
				products excluded from chapter 70A.350 RCW.
(b) Consumer products transported or stored
				in Washington state solely for sale or distribution to consumers outside of
				Washington state.
(c) The recycling
				or disposal of existing stock.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-020 - Requesting an exemption

Current through Register Vol. 24-14, July 15, 2024
(1) A person required
				to comply with this chapter may request an exemption from the requirements of
				this chapter.
(2) Ecology will use
				objective factors including, but not limited to, the following, when evaluating
				exemption requests.
(a) The priority chemical
				is functionally necessary to the priority consumer product and there is no
				alternative.
(b) It is
not
currently possible to comply with the restriction and comply
				with another legally imposed requirement.
(c) An unforeseen event or circumstance
				limited the availability of alternatives.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-030 - Enforcement and penalties

Current through Register Vol. 24-14, July 15, 2024
(1) Any violation of
				this chapter is subject to the enforcement and penalty sanctions of chapter
				70A.350 RCW.
(2) In accordance with
				chapter 70A.350 RCW:
(a) A manufacturer
				violating a requirement of this chapter is subject to a civil penalty
not
to exceed $5,000 for each violation in the case of a first
				offense. Manufacturers who are repeat violators are subject to a civil penalty
not
to exceed $10,000 for each repeat offense.
(b) A manufacturer may appeal any penalty
				provided for in this chapter to the pollution control hearings board.
(c) All penalties collected under this
				chapter shall be deposited in the model toxics control operating account
				created in
				RCW
				   70A.305.180.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-035 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person is held invalid, the remainder of this chapter or the application of the
				  provision to other persons or circumstances is
not
affected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-040 - Federal preemption

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				applies if either of the following federal regulatory actions occurs after the
				effective date of this chapter.
(a) The U.S.
				Environmental Protection Agency takes an action under the Toxic Substances
				Control Act, 15 U.S.C. Secs.
				2601 through
				2697, that preempts pursuant to
				15 U.S.C. Sec.
				2617 the enforcement of a restriction imposed
				by this chapter on a priority chemical in a priority consumer
				product.
(b) The U.S. Consumer
				Product Safety Commission takes an action under the Consumer Product Safety
				Act, 15 U.S.C. Secs.
				2051 through
				2089, or the Federal Hazardous
				Substances Act, 15 U.S.C.
				Secs. 1261 through
				1278a, that preempts pursuant to
				15 U.S.C. Sec.
				2075 or
				15 U.S.C. Sec.
				1261 note "Effect Upon Federal and State Law"
				at (b) (1) (B), the enforcement of a restriction imposed by this chapter on a
				priority chemical in a priority consumer product.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-045 - Relation to other laws and rules

Current through Register Vol. 24-14, July 15, 2024
In addition to the requirements of this chapter and chapter
				  70A.350 RCW, other laws, rules, and ordinances may apply to priority consumer
				  products containing priority chemicals. Nothing in this chapter is intended to
				  excuse persons regulated by this chapter from complying with other laws, rules,
				  ordinances, procedures, restrictions, or limitations on regulated consumer
				  products.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-050 - Equity and environmental justice

Current through Register Vol. 24-14, July 15, 2024
(1) To strengthen the
				integration of equity and environmental justice considerations when
				implementing, administering, and enforcing chapter 70A.350 RCW, ecology will,
				to the extent legal and practical:
(a) Strive
				to collaborate and co-develop approaches to equitable and meaningful community
				engagement with overburdened communities, sensitive populations, tribes and
				indigenous communities, and others.
(b) Pursue processes that facilitate and
				support the inclusion of overburdened communities and reduce barriers in
				equitable participation.
Examples of barriers and needs include child care, food
				  costs, the Americans with Disabilities Act (ADA) and other accessibility needs,
				  and compensation for lived experience and expertise.
Examples of how community input may inform decision-making
				  include determining:
*Preliminary priority chemicals, priority consumer products,
				  and preliminary alternatives.
* Rule requirements.
*Compliance approach.
(c) Use existing data and information to
				document potential exposure disparities when identifying priority chemicals and
				priority consumer products. Examples of data and information include
				peer-reviewed scientific studies, government reports and data, demographic
				information, market-based research, and other sources reviewed by
				ecology.
(d) Prioritize chemicals
				and consumer products where regulatory actions may reduce disproportionate
				exposure.
(e) Work toward equitable
				access to safer consumer products. This includes, but is not limited to,
				considering overburdened communities and low-income populations' ability to
				access safer consumer products.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-055 - Previously owned priority consumer products

Current through Register Vol. 24-14, July 15, 2024
(1) No person may sell
				or distribute a previously owned priority consumer product that they know
				violates a restriction in this chapter.
(2) This does
not
apply to a:
(a) Priority consumer product manufactured
				before the effective date of the restriction, as listed in WAC
				173-337-110 through
				173-337-114, even if the priority
				consumer product was refurbished after the effective date of the
				restriction.
(b) Repair part or
				replacement part that was made to refurbish a priority consumer product that
				was manufactured before the effective date of the restriction, as listed in WAC
				173-337-110 through
				173-337-114.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-060 - Reporting requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) This section
				applies to a manufacturer of a priority consumer product required to submit a
				notification to ecology, as listed in WAC
				173-337-110,
				173-337-112, and
				173-337-114. This chapter refers
				to the person submitting the notification as the "reporting party."
(b) The manufacturer of the priority consumer
				product or a trade organization representing the manufacturer may serve as the
				reporting party.
(c)
Reporting party.
The following hierarchy determines which person
				or entity ecology will hold primarily responsible for ensuring that ecology
				receives a complete, accurate, and timely notification.
(i) The person or entity that had the
				priority consumer product manufactured unless it has
no
presence
				in the United States.
(ii) The
				person or entity that marketed the priority consumer product under their name
				or trademark unless it has
no
presence in the United
				States.
(iii) The first person or
				entity, whether an importer or a distributor, who owned the priority consumer
				product in the United States.
(d) This chapter requires only one reporting
				party to submit notification with respect to a particular priority consumer
				product.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part A - GENERAL › Section 173-337-065 - Confidential business information (CBI)

Current through Register Vol. 24-14, July 15, 2024
A person who submits information to ecology may request that
				  ecology treat that information as confidential as provided in
				  RCW
				     43.21A.160 by providing appropriate
				  documentation supporting the request.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part B - CHEMICALS AND CONSUMER PRODUCTS › Section 173-337-110 - PFAS

Current through Register Vol. 24-14, July 15, 2024
(1)
Aftermarket
				stain- and water-resistance treatments.
(a)
Applicability.
(i) Priority consumer products. This
				subsection applies to:
(A) Aftermarket
				stain-resistant treatments for application to textile and leather consumer
				products.
(B) Aftermarket
				water-resistant treatments for application to textile and leather consumer
				products.
(C) Aftermarket
				stain-resistant and water-resistant treatments for application to textile and
				leather consumer products.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part B - CHEMICALS AND CONSUMER PRODUCTS › Section 173-337-111 - Ortho-phthalates

Current through Register Vol. 24-14, July 15, 2024
(1)
Fragrances in
				beauty products and personal care products.
(a)
Applicability.
(i) Priority consumer products. This
				subsection applies to:
(A) Fragrances sold
				separately, such as perfumes and colognes.
(B) Fragrances used in beauty products,
				regardless of whether the item contains drug ingredients regulated by the
				FDA.
(C) Fragrances used in
				personal care products, regardless of whether the item contains drug
				ingredients regulated by the FDA.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part B - CHEMICALS AND CONSUMER PRODUCTS › Section 173-337-112 - Flame retardants

Current through Register Vol. 24-14, July 15, 2024
(1)
Electric and
				electronic products with plastic external enclosures, intended for indoor
				use.
(a)
Applicability.
(i) Priority consumer products. This
				subsection applies to electric and electronic products with plastic external
				enclosures, intended for indoor use that are powered by either of the
				following.
(A) Standard 120-volt outlets and
				designed for up to 20-amp circuit.
(B) Battery.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part B - CHEMICALS AND CONSUMER PRODUCTS › Section 173-337-113 - Alkylphenol ethoxylates Laundry detergent

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
Priority consumer products. This subsection applies
				to laundry detergent.
(2)
Compliance schedule.
The restriction in subsection (3) of this
				section takes effect on January 1, 2025.
(3)
Restriction.
No person may
				manufacture, sell, or distribute a priority consumer product described in
				subsection (1) of this section that contains more than 1,000 ppm of any
				alkylphenol ethoxylates, individually or combined.
This does
not
apply to a priority consumer
				  product described in subsection (1) of this section manufactured before January
				  1, 2025.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-337 - Safer products restrictions and reporting › Part B - CHEMICALS AND CONSUMER PRODUCTS › Section 173-337-114 - Bisphenols

Current through Register Vol. 24-14, July 15, 2024
(1)
Drink
				cans.
(a)
Applicability.
(i) Priority consumer products. This
				subsection applies to drink cans.
(ii) This subsection does
not
apply to food cans.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 1 - OVERALL CLEANUP PROCESS › Section 173-340-100 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated under chapter 70A.305 RCW, the
				  Model Toxics Control Act. It establishes administrative processes and standards
				  to identify, investigate, and clean up sites where hazardous substances have
				  come to be located. It defines the role of ecology and encourages public and
				  tribal involvement in decision making at these sites.
The goal of this chapter is to implement chapter 70A.305 RCW,
				  the Model Toxics Control Act. This chapter provides a workable process to
				  accomplish effective and expeditious cleanups in a manner that protects human
				  health and the environment, including vulnerable populations and overburdened
				  communities. This chapter is primarily intended to address releases of
				  hazardous substances caused by past activities although its provisions may be
				  applied to potential and ongoing releases of hazardous substances from current
				  activities.
All materials incorporated by reference in this chapter are
					 available for inspection at the Department of Ecology's Toxics Cleanup Program,
					 300 Desmond Drive, Lacey, Washington,
					 98503.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 1 - OVERALL CLEANUP PROCESS › Section 173-340-110 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to all sites where there has been a release or threatened release of a
				hazardous substance that may pose a threat to human health or the environment.
				Under this chapter, ecology may require or take those actions necessary to
				investigate and clean up these releases.
(2) Ecology retains all its authority to
				address a release or threatened release under other applicable laws or
				regulations. The cleanup process and procedures under this chapter and under
				other laws may be combined. Ecology may initiate a remedial action under this
				chapter and may upon further analysis determine that another law is more
				appropriate, or vice versa.
(3) If
				a hazardous substance remains at a site after actions have been completed under
				other applicable laws or regulations, ecology may apply this chapter to protect
				human health or the environment.
Statutory Authority:
					 Chapter
					 70.105D RCW. 90-08-086,
					 § 173-340-110, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 1 - OVERALL CLEANUP PROCESS › Section 173-340-140

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-140, filed 2/12/01, effective 8/15/01;
					 90-08-086, § 173-340-140, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 2 - DEFINITIONS AND USAGE › Section 173-340-210 - Usage

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the following apply:
(1) Unless the context clearly requires
				otherwise, the use of the singular includes the plural and
				conversely.
(2) The terms
"applicable," "appropriate," "relevant," "unless otherwise directed by
				ecology"
and similar terms implying discretion mean as determined by
				ecology, with the burden of proof on other persons to demonstrate that the
				requirements are or are not necessary.
(3)
"Approved"
means for
				ecology-conducted or ecology-supervised remedial actions.
(4)
"Conduct"
means to perform
				or undertake whether directly or through an agent or contractor, unless this
				chapter expressly provides otherwise.
(5)
"Include"
means included,
				but not limited to.
(6)
"May"
or
"should"
means the provision is optional and
				permissive, and does not impose a requirement.
(7)
"Shall," "must,"
or
"will"
means the provision is mandatory.
(8)
"Threat"
means threat or
				potential threat.
(9)
"Under"
means pursuant to, subject to, required by, established
				by, in accordance with, and similar expressions of legislative or
				administrative authorization or direction.
Statutory Authority:
					 Chapter
					 70.105D RCW. 01-05-024
					 (Order 97-09A), § 173-340-210, filed 2/12/01, effective 8/15/01;
					 91-04-019, § 173-340-210, filed 1/28/91, effective 2/28/91; 90-08-086,
					 § 173-340-210, filed 4/3/90, effective
					 5/4/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-300 - Site discovery and reporting

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section sets forth the requirements for reporting a
				release or threatened release of a hazardous substance to the environment that
				may pose a threat to human health or the environment.
(2)
Applicability and timing.
Except as provided under (a) of this subsection, within 90 days of discovering
				a release or threatened release of a hazardous substance to the environment
				that may pose a threat to human health or the environment, an owner or operator
				must report the release to ecology. All other persons are encouraged to report
				such a release to ecology.
(a)
Exemptions.
An owner or operator does not need to report the
				following releases under this section:
(i) A
				release previously reported to ecology in fulfillment of a reporting
				requirement in this chapter or in another law or regulation, including a
				release previously reported to ecology under chapter 173-360A WAC;
(ii) A release from a heating oil tank
				previously reported to PLIA under WAC
				374-45-030;
(iii) A release previously reported to the
				United States Environmental Protection Agency under CERCLA, Section 103(c)
				(42 U.S.C. Sec.
				9603(c));
(iv) A release previously reported to the
				state division of emergency management under
				RCW
				   90.56.280;
(v) Application of pesticides and fertilizers
				for their intended purposes and according to label instructions;
(vi) Lawful and nonnegligent use of hazardous
				substances by a natural person for personal or domestic purposes;
(vii) A release in accordance with a permit
				that authorizes the release;
(viii)
				Except for a release specified under (b)(iii) of this subsection, a release to
				the air;
(ix) A release discovered
				in a public water system regulated by the department of health; or
(x) A release to a permitted wastewater
				facility.
An exemption from the reporting requirements in this section
				  does not imply a release from liability under the state cleanup law.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-310 - Initial investigation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the initial investigation is to determine:
(a) Whether there has been a release or
				threatened release of a hazardous substance to the environment;
(b) Whether the release or threatened release
				may pose a threat to human health or the environment;
(c) Whether the population that may be
				threatened includes a likely vulnerable population or overburdened
				community;
(d) Whether further
				remedial action is necessary under state cleanup law to confirm whether there
				has been a release or threatened release that poses a threat to human health or
				the environment;
(e) Whether
				further remedial action is necessary under state cleanup law to address the
				threat to human health and the environment posed by the release or threatened
				release. This determination is based on the criteria in WAC
				173-340-330(5);
(f) Whether an emergency remedial action or
				an interim action is necessary under state cleanup law to address the threat,
				and whether persons in the potentially affected vicinity need to be notified of
				such action;
(g) Whether action
				under another state or federal law is appropriate; and
(h) The current owners and operators of the
				site.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-320 - Site hazard assessment and ranking

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The site hazard assessment and ranking process provides a
				method for ecology to assess and rank threats to human health and the
				environment posed by a site based on information readily available at the time
				of assessment. The site hazard assessment and ranking process satisfies the
				requirements of
				RCW
				   70A.305.030(2)(b), and is
				not a substitute for a remedial investigation. Ecology uses site hazard
				assessments and rankings to:
(a) Support
				decisions to add or remove sites from the contaminated sites list under WAC
				173-340-330 or the no further
				action sites list under WAC
				173-340-335;
(b) Prioritize remedial actions and allocate
				agency resources among and within sites as part of program planning and
				assessment under WAC
				173-340-340;
(c) Inform the public and the legislature
				about the threats posed by contaminated sites;
(d) Reflect changes in threats posed by a
				site based on new information or changes in site conditions; and
(e) Identify whether the population
				threatened includes a likely vulnerable population or overburdened
				community.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-330 - Contaminated sites list

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the contaminated sites list is to
				identify:
(a) All sites for which ecology or
				PLIA has determined further remedial action is necessary under state cleanup
				law to:
(i) Confirm whether there is a threat
				to human health or the environment posed by a release or threatened release;
				or
(ii) Address the threat posed by
				a release or threatened release, based on the criteria in subsection (5) of
				this section; and
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-335 - No further action sites list

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the no further action sites list is to
				  identify:
(a) All sites where ecology
				or PLIA has determined no further remedial action is necessary under state
				cleanup law to meet the criteria in WAC
				173-340-330(5);
				and
(b) For each listed site,
				whether institutional controls or periodic reviews remain necessary at the
				site.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-340 - Program planning and assessment

Current through Register Vol. 24-14, July 15, 2024
(1)
Strategic
				plan.
Ecology will develop and periodically update a comprehensive and
				integrated strategic plan for cleaning up contaminated sites. The strategic
				plan must prioritize contaminated sites that threaten likely vulnerable
				populations and overburdened communities, and consider the resource allocation
				factors in subsection (2) of this section. The strategic plan must include:
(a) Goals and strategies for all core program
				functions and major initiatives;
(b) Metrics to track and measure progress in
				accomplishing the goals and implementing the strategies; and
(c) Staffing and capital funds needed to
				accomplish the goals and implement the strategies.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-350 - Remedial investigation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of a remedial investigation is to adequately
				characterize a contaminated site, including the distribution of hazardous
				substances and the threat they pose to human health and the environment, to
				enable:
(a) Cleanup standards to be
				established under Part 7 of this chapter; and
(b) Cleanup action alternatives to be
				developed and evaluated in a feasibility study under WAC
				173-340-351.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-351 - Feasibility study

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of the feasibility study is to develop and
				evaluate cleanup action alternatives to enable the selection of a cleanup
				action that meets the requirements in WAC
				173-340-360 and conforms, as
				appropriate, to the expectations in WAC
				173-340-370.
(2)
Applicability.
(a)
Whether required.
A
				feasibility study of cleanup action alternatives must be conducted, regardless
				of which administrative option in WAC
				173-340-510 is used to conduct
				remedial action, except in the following circumstances.
(i)
Permanent cleanup action
				completed.
A feasibility study is not required if prior remedial actions
				at the site constitute a permanent cleanup action and meet the criteria in WAC
				173-340-330(5)(a).
				To qualify for this exemption, sufficient information must be collected and
				included in the remedial investigation report to demonstrate that the site
				meets the criteria (see WAC
				173-340-350(6)(j)(i) and (5)(f)(i) and
				(g)(vii)).
(ii)
Model remedy selected.
A
				feasibility study is not required to select a model remedy as the cleanup
				action or as a component of the cleanup action for a site (see WAC
				173-340-390). However, a
				feasibility study is still required to select any remaining cleanup action
				components for the site. To qualify for this exemption or partial exemption,
				sufficient information must be collected and included in the remedial
				investigation report to demonstrate that the site meets the conditions
				established by ecology for using the model remedy (see WAC
				173-340-350(6)(j)(ii) and (5)(f)(ii) and
				(g)(vii)).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-360 - Cleanup action requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
This section specifies requirements for cleanup actions and
				  the procedures for determining whether a cleanup action alternative meets those
				  requirements.
(2)
Applicability.
A cleanup action at a contaminated site must comply
				with the requirements in this section, regardless of which administrative
				option in WAC
				173-340-510 is used to conduct
				remedial action at the site.
(a)
Sediment sites and sediment cleanup units.
For sites where there
				is a release or threatened release to sediment, a cleanup action must also
				comply with the applicable requirements in WAC
				173-204-570.
(b)
National priorities list
				sites.
For sites on the national priorities list, a cleanup action must
				also comply with applicable requirements under the federal cleanup
				law.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-380 - Cleanup action plan

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of a cleanup action plan is to document the
				selected cleanup action and to specify the cleanup standards and other
				requirements the cleanup action must meet.
(2)
Applicability.
(a) Whether required. A cleanup action must
				be selected and a cleanup action plan must be developed regardless of which
				administrative option in WAC
				173-340-510 is used to conduct
				remedial action at the site.
(b)
Requirements.
A cleanup action plan must comply with the
				requirements in this section. For sites where there is a release or threatened
				release to sediment, a cleanup action plan must also comply with the applicable
				requirements in WAC
				173-204-575.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 3 - SITE REPORTS AND CLEANUP DECISIONS › Section 173-340-390 - Model remedies

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The purpose of model remedies is to streamline and
				accelerate the selection of a cleanup action for routine types of cleanup
				projects at sites with common features and lower risk to human health and the
				environment.
(2)
Development
				of model remedies.
Ecology may establish model remedies for common
				categories of sites, types of hazardous substances, types of media, and
				geographic areas. When establishing a model remedy, ecology will:
(a) Identify the applicability of the model
				remedy for use at a site, the site characterization required under WAC
				173-340-350 to select the model
				remedy, and the compliance monitoring required under WAC
				173-340-410 to implement the
				model remedy;
(b) Describe how the
				model remedy meets the cleanup standards established under Part 7 of this
				chapter and the requirements for cleanup actions in WAC
				173-340-360; and
(c) Provide the public with notice and an
				opportunity to comment on the proposed model remedy and the conditions under
				which it may be used at a site. The public comment period must be at least 30
				days.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-340 - Model Toxics Control Act-Cleanup › Part 4 - SITE CLEANUP AND MONITORING › Section 173-340-400 - Cleanup action implementation

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Unless otherwise directed by the department, cleanup
				actions shall comply with this section except for emergencies or interim
				actions. The purpose of this section is to ensure that the cleanup action is
				designed, constructed, and operated in a manner that is consistent with:
(a) The cleanup action plan;
(b) Accepted engineering practices;
				and
(c) The requirements specified
				in WAC 173-340-360.