State-Initiated Changes Table
This table consists of state-initiated amendments to the Dangerous Waste Regulation chapter 173-303 WAC.  The table lists the state citation that was amended, the reason for the amendment (clarifications, citation corrections, etc.) and the related federal citation and checklist number.
Yellow highlighted rules indicate state-only amendments.  There are no analogous federal citations for these rules and EPA does not authorize or enforce state-only rules. 
Sections in red indicate rules that were changed from the proposed (1/15/09) version to adopted version (6/30/09).

State Citation 
WAC 173-303-
Reason for change
Federal 40 CFR
Citation
Checklist 
Number
030
Clarification- Add acronyms (PODC, DRE, APTI, MACT, TEQ, CAMU, TU)
260 related

040 
Clarify definition for Closure- update to clarify closure applies to recyclers, some generators and some transporters
262.10

040 
Compliance Procedure- removed the cited dates and added RCW title
260 related

040
Moved Inhalation LC50 definition from section 100
Modified following definitions for consistency with Toxic Category Table in WAC 173-303:
   * 100(5)Dermal LD50 definition modified to Dermal Rabbit LD50
   * Oral LD50 definition modified to Oral Rat LD50
No direct federal analog
State-only  -  broader in scope program element

040
Person- Updated to match federal rule
260.10

040
Staging Pile- Updated to match federal rule
260.10
CL 175
040  
Surface Impoundment- Change language to reflect federal definition by deleting the word "dangerous"
260.10

045
Incorporation by reference updated to July 2007
260 -280 related

070(7)(c)
Clarify that counting exclusion applies to permit by rule (PBR), not to treatment by generator activity
261.5(c) Intro
142
070(8)(d)
Citations corrected for used oil burned for energy recovery
261.5 related
23?
071(3)(cc)(ii)
Deletion of incorrect  NAICS codes - 487110, 722310, 425110
 261.4(a)(12)(i),(ii)

081(1), 081(1)(a), & 082(1)
Clarification on appropriate commercial chemical product waste code
261.33, 261.31(a)

*083(2)(b)(iii)(A&(B)
Clarification- SW-846 is incorporated by reference at 110(3)(a)
261.35(b)(2)(iii)(A)&(B)
82, 92
*090(5)(a)(i) and (6)(a)(i), & (iii)
Clarification- SW-846 test method is incorporated by reference at 110(3)
Updates to ASTM and NACE procedures
261.21(a)(1), 261.22(a)(1) and (2)

090(6)(a)(ii)
Clarify that the NACE test method is the same as SW-846 Method 1110A
261.22(a)(1) and (2)

100(2), (3), (5)(b)(i)
Clarify book designation requirement to use data with highest toxicity value and to evaluate toxicity to aquatic species. 
Two state toxicity data sources added- Ecotoxicology database (ECOTOX) and Hazardous Substance Database (HSDB)
 No direct federal analog
State-only  -  broader in scope program element	


100(5)(c)(i)&(ii)
Delete unnecessary parenthetical reference regarding category D or above at (5)(c)(i), and "category range" at (5)(c)(ii).
No direct federal analog.  State-only  -  broader in scope program element

100(5)(b)(iii) Example 1 continued
Delete incorrect information in example

No direct federal analog.  State-only  -  broader in scope program element

104(5) & 180(5)
Delete lab pack codes due to a conflict with new federal manifest rule
No direct federal analog.  State-only  -  broader in scope program element

110 title
First sentence revised by adding word "analytes"
 260.1, 270.6 related

126, 158
110(2)(a)(vi), (2)(b) 
Clarification on selection of sampling device
Reference to AC&D liquid sample removed

260.11, 261 (Appendix I, Index), 

*110(3)(a)
Added "IIIB Update" and "Final Update IV" to SW 846 reference  
260.11(a) through (g), related


 110(3)(b)
Biological Testing Method guidance update.  Eliminated the need for generators submitting waste for bioassay to do a % solid determination.  
 No direct federal analog.  State-only  -  broader in scope program element

110(3)(c)

Chemical Testing Method guidance revisions and updates 

    
Previously authorized as and currently related to 40 CFR 261 Appendix 1  -  Test Methods 

*110(3)(f)
110(3)(e-h)
Clarification- Use test methods in SW-846 Chapter 2 for identifying toxic constituents.
Updated referenced test methods to latest revision date
260.11  -  References to Publications and 261 Appendix II

110(3)(g)(x)
Duplicate deleted [see (vii)] 
260.11  -  References to Publications

CL 154 & 158
110(5)
Change from proposed rule
Clarify requirement to submit petition for alternate test method
260.11  -  References to Publications

110(6)
Clarification- Test method results need to be reported on a dry weight basis

Technical clarification, consistent with and no less stringent than the federal program

110(7)
"Ground-Water Monitoring List" Appendix IX to 40 CFR Part 264 is replaced with the version in Appendix 5 of Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97-407, March 2008," which is incorporated by reference into the WAC at 173-303-110(1).  
264 Appendix IX

120(4)(c)
Correct second repeated (c)(vii) by renumbering as (c)(ix)
261.6(c)(2)
13, 79
*140(2)(a)
Change from proposed rule
Clarify that section 110 test methods must be used
268 related, conforming change to reflect retention of use of SW-846 methods,

140(4)(b)(iv)(B)(I)
 ASTM Test method update
264.314(e)

145(2)(b)
Add local air authorities in eastern Washington
No direct federal analog.  State-only  -  broader in scope program element

200(1)(b)(ii) & (iii)
200(4)(a)(iv)(A)(II)
 Delete "stress of installation" phrase and insert in 640 and 675 
262.34(a)(1)Intro, 262.34(a)(1)(ii), 262.34(a)(1)(iii)

200(1)(b)(iv)
Correct the federal references by substituting state citations for closure and financial assurance.
The word "shall" was changed to "must".
 262.34(a)(1)(iv)

200(2)(a)
Satellite Accumulation- Removed "per waste stream" from WAC 200(2)(a).  EPA will not be authorizing this change until the WAC 200 (2)(b) and (2)(c) have also been corrected by the removal of the phrase "per waste stream".  
[federal counterpart 262.34(c); although not part of authorization revision determination in 2010]
12
270(3) 
49 CFR 171.16 reference- updated transporter spill reporting address and method
263.30(c)(2)

281(4)
Citations corrected from 840 to 830
 124.311(a)  

282(2)(b)(v)
Deleted obsolete language and added new language for recycling facilities, allowing them a conditional exemption from siting criteria
No direct federal analog

282(3)(p)
Clarify definition of significant expansion
No direct federal analog

282(4)(a)
Delete obsolete language related to the original effective date of the section
 No direct federal analog

*300(5)(f)
Change from proposed rule
Clarify that section 110 test methods must be used where specific WAC citations are referenced
264.13(b)(6); 265.13(b)(6); 
264.73(b)(3); 265.73(b)(3), conforming change to reflect retention of use of SW-846 methods,

310(1)
Reworded to be consistent with federal rule
264.14; 265.14

*380(1)(c)
Change from proposed rule
Clarify that section 110 test methods must be used where specific 40 CFR citations are referenced
264.73(b)(3); 265.73(b)(3); conforming change to reflect retention of use of SW-846 methods,

*380(1)(f)
Change from proposed rule
Add "incorporated by reference" for clarity
Clarify that section 110 test methods must be used where specific WAC citations are referenced
264.73(b)(6); 265.73(b)(6), conforming change to reflect retention of use of SW-846 methods,

380(2)(c)
Add "tons (2000 lbs)" to unit of measure Table 1
264 Appendix I (2) Table 1; 265 Appendix I (2) Table 1

400(2)(c)(xiv)
400(2)(c)(xv)
Language added for equivalence with federal rule.  
265.1(c)(5)

400(3)(c)
Change from proposed rules
Added the word "qualified" to the description of an independent registered professional engineer.  This occurs nineteen times in the sub subsection
265 related  -  more stringent state requirement

*400(3)(c)(iii)
Change from proposed rule
Clarify that section 110 test methods must be used where specific 40 CFR 265 subparts are referenced
265 related, conforming change to reflect retention of use of SW-846 methods,



400(3)(c)(iv)
Moved from (3)(c)(x)
Reference regarding Subpart B is changed because the only part of Subpart B that is incorporated by reference is 265.19
265.19

400(3)(c)(xiii)(A)
Change from proposed rule
Correction- the word carbonaceous replaces carcinogen
265.300 Subpart N - Landfills, related

505(1)(b)(iv)
Citation corrected
266.20

506(3)(vii)
Deleted CFC recycling  exception from closure and financial responsibility requirements
 264.110, 265.110 Subpart G related; 264.140, 265.140 Subpart H related

510(1)(b)(i)(B)
Correct internal citation
260.30(b)Intro, 260.30(b)(1), 266.100(b)(1)

*515(3) 
Clarify that section 110(3) test methods must be used 
 279.10, conforming change to reflect retention of use of SW-846 methods,

*515(4) 
Clarify that section 110(3) test methods must be used 
 279.11, conforming change to reflect retention of use of SW-846 methods,

*515(8), (9), (10) and (13)(b)
Change from proposed rule
Clarify that section 110(3) test methods must be used 
279.40-47, 279.50-59, 279.60-67, 279.10, conforming change to reflect retention of use of SW-846 methods,

522(4)
Correct the reference from 24 hour recycling to immediate recycling (antifreeze)
 No direct federal analog


610(3)(a)(ix), (3)(b)(ii)(D), (8)(b)(iv), and (8)(d)(ii)(D)
Citation corrected
264.112 related

610(6) & (11)
Change from proposed rule
Add "qualified" to PE description 
264.115; 264.120  -  more stringent state requirement
24
610(12)(e)
620(1)(e)(ii)
Correction- change "resource reclamation units" to `recycling units"
264.143

620(4)(d)(iv)
Clarification that corporate guarantors are also subject to a minimum net worth criteria
 264.143

620(4)(c) 620(4)(e)(i) 620(4)(f)
New financial instrument option- "assigned security deposit" for used oil processors and recyclers
264.143

620(4)(d)(i)
Clarification that used oil processors may use partially funded trust funds
264.143

620(4)(d)(iv)
Clarification that corporate guarantors are also subject to a minimum net worth criteria
264.143

620(5)(c)
620(5)(d)
620(7)
Edit- add hyphen to post-closure
264.143

*640(1)(b)
Provide title for test method
Clarification that SW-846 is incorporated by reference
264.190

*645(4)(a) and (b)
*645(9)(g)(ii), (iii) and (iv)(A)
645(10)(g)
64610(4)
806(4)(a)(xx)(D)(II)
Note that the 40 CFR 264 Appendix IX Ground-Water monitoring list is included as Appendix 5 in the State's Chemical Testing Methods for Dangerous Waste publication, #97-407, March 2008,  which is incorporated by reference at WAC 173-303-110(1). 
 
264 Appendix IX


645(8)(c)
Update reference to Chapter 173-160  WAC
264.97(c)

640(4)(c)(i) & 675(4)(a)(v)
Relocate "stress of installation" phrase from 200
264.573. 264.193 

64660(3)(d)(iv)(F)
Correct "SW846" to read "SW-846"
264.552 related (CAMU)

665(13)
New subsection
Added a reference to the liquid waste disposal provision in 140(4)(b).     
264.314

*690
*691
Change from proposed rule
Deleted proposed language requiring use of 110(3)(a) test methods 
264.1030, 264.1050 (Air Emissions for Vents, and Equipment Leaks)

806(2)(a)
Citation corrected
270.10

*806(4)(f)(iii)(A)(III)
Clarification that equivalent analytical techniques must be approved by ecology
270.19

806(8)
Changed from proposed rule
Updated permit application requirements for consistency with federal rule and clarified that facilities must consult with Ecology about submittal of exposure information
270.10(c)


*807(2)(a)(iii)
Clarification that equivalent analytical techniques must be approved by Ecology
270.62

810(11)(c) 
Duplicate provision deleted

270.30(j)(2)

810(16)
Citation corrected
270.30(m)

830(4)(b)(vii)
Citation corrected
270.42(b) related

902(2)(c)(i)  -  (vi) 
Citizen Proponent Negotiation- language added to correlate with existing language and new recycling facility exemption from siting criteria in 282(2)(b)
No direct federal analog

*910(2)(d)
Clarify that approved equivalent test methods will be incorporated at 110(3)
260.20(a), 260.21(d) 

910(3)
Clarify that exemption petitions also go to EPA for  federal listed wastes 
260.22(d)(1)(i)

9901
9902
Delete obsolete title
260 Appendix I, related


* These state citations were amended in response to the federal Methods Innovation Rule (MIR) (70 FR 34537). This less stringent rule removed from federal regulations a requirement to use methods found in "Test Methods for Evaluating Solid Waste, Physical /Chemical Methods," also know as SW-846.  The state did not adopt the MIR, rather it amended state rules affected by the MIR changes to clarify that SW-846 test methods must be used, or in some cases requiring use of test methods specifically called out in WAC 173-303-110.  The state declined to adopt MIR because it would increase the state workload in providing review of new test methods.  Also, retaining use of SW-846 provides clear, well understood designation methods generators are familiar with.   
