

New State Law Impacting Hazardous Waste Program

Subject: Amendment to Chapter 43.17 RCW requiring state agencies to allow electronic document submittal

In 2012 the Washington State Legislature passed Substitute Senate Bill 6354 amending Chapter 43.17 RCW Administrative Departments and Agencies-General Provisions. A new section 43.17.095 RCW was added requiring state agencies to allow businesses to submit documents electronically. After HWTR program review, several dangerous waste rules requiring documents to be submitted by certified mail were revised in the 2014 rulemaking to allow these documents to be submitted by "...other means that establish proof of receipt (including applicable electronic means)".  Modified state citations in Chapter 173-303 Washington Administrative Code include:
 WAC 173-303-335(4),
 WAC 173-303-400(3)(c)(vi)(B),
 173-303-610(6),
 173-303-610(11),
 173-303-810(14(a)(i),
 173-303-830(4)(a)(i)(A)
Ecology's intent with these revisions was to restrict electronic submittals (required by the dangerous waste regulations) until the Hazardous Waste and Toxics Reduction Program had a means in place to prove receipt of the documents and verify signature authenticity.  This intent was reflected in the added phrase "...other means that establish proof of receipt".  Regardless of Ecology intent, EPA Region 10 determined that these particular state rule revisions directly analogous to RCRA regulations are less stringent and cannot be authorized.  EPA's reasoning is that the equivalent federal regulations still require "hand delivery or certified mail", thereby invalidating these state rules allowing electronic submittals.  Before EPA can authorize these rule revisions, the state will need to obtain approval for submittal of electronic documents and electronic signatures through the CROMERR system.
