Washington State-Initiated Changes Table
For Rule Amendments Effective January 2015

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.  Most of these provisions were previously authorized.

State Citation and
Reason for Amendment
WAC 173-303-
40 CFR Citation and

Equivalency Determination
Checklist
Number 
(Submitted checklists only)

040 "Enforceable document" definition
Internal citations corrected
270.1(c)(7)
Equivalent
174
040 "Dermal Rabbit LD 50" definition 
Clarification
No analog
State-only  -  broader in scope

040 "Facility" definition 
Internal citation corrected
260.10
Equivalent

040 "Fish LC 50" definition 
Clarification
No analog
State-only  -  broader in scope

040 "Inhalation rat LC50" definition
Clarification
No analog
State-only  -  broader in scope

040 "Performance track member facility"
Obsolete definition deleted
260.10

040 "Release" definition 
Internal citation corrected
Indirect analog is 280.12
Equivalent

045 (1)
Date of incorporation by reference updated
No direct analog

070(1)(b)
Language revised for equivalence with federal rule
262.11
Equivalent

072(1)(b)
Internal citation corrected
260.20
Equivalent

073(1)
Add reference to "Special waste" definition
No analog
State-only  -  broader in scope

073(2)(e)(v)
Added time limit for storage of special waste at transfer stations
No analog
State-only  -  broader in scope

073(2)(g) (new)
Clarification of DOT hazardous materials shipping requirements
No analog
State-only  -  broader in scope

100(5)(b)(i)
Missing superscript added
No analog
State-only  -  broader in scope

110(3)(a)
SW-846 reference information updated
260.11(c)
Equivalent

110(3)(c)
110(7)
Updated Chemical Test Methods guidance and publication date
No direct analog. 110(3)(c) is related to 260.11.  110(7) related to 40 CFR Appendix IX.
Equivalent

110(3)(g)(ix)
110(3)(h)(i)
110(3)(h)(vii)
References to industry standards and codes updated
260.11(d) and (e)
Equivalent

130 Infectious wastes
Obsolete section title deleted
No analog
 Obsolete state-only rules

140(4)(d)(iii)
Facilities allowed to submit documents to Ecology electronically
No analog
State-only  -  broader in scope
State-only rule prohibiting landfill of carbonaceous waste 

170(3)
Clarification that final facility standards are found in WAC 173-303-600
No direct analog  - - Indirect is 264.1(g)(3)
Equivalent

 180(6)
Correct error in manifest item numbers
No analog
State-only  -  broader in scope

190(5)(b)(ii)
Internal citation corrected
No analog
State-only  -  broader in scope

200(1)(b)(iv)
independent qualified registered professional engineer (IQRPE
262.34(a)(1)(iv)
More stringent

200(1)(b)(iv)(B)
Second sentence of this citation was relocated to new 200(1)(g) to clarify applicability to all generators
262.34(a)(1)(iv)(B)
Equivalent

200(2)(b)
(200(3)(c)
 "Per waste stream" deleted for equivalence with federal rule
262.34(c)
Equivalent
12
200(4)(a)(iv)(A)(III)
Reminder added that facilities use an IQRPE to certify containment building design

262.34(g)(4)(i)(C)
More stringent 

200(5) 
Requirements for National Environmental Performance Track Program deleted
(Previous (6) is renumbered to (5))
262.34(j), (k) and (l)
Equivalent to federal program because EPA has terminated Performance Track
204
240(6)
Editing correction

263.12
The state is more stringent overall, and broader in scope for 240(6)(a) because transporters are required to obtain State/EPA identification numbers. 
                                                                                                                                                                                                                                                                                                                           

330(1)(d)
Editing correction. 
The second sentence of previous (c)(ii) is changed to (d), and (d) renumbered to (e)
264.16(b)
Equivalent

335(4)
Facilities allowed electronic submittal of CQA certification when the State has the means to establish proof of receipt.
264.19(d)
Overall this rule is equivalent. The state is less stringent for allowing electronic document submittal, although Ecology will not accept electronic document submittals until a system is in place which can establish proof of receipt and authenticity, such as CROMERR.  

370(1)
"Owners and operators" clarified to mean the phrase applies only to permitted facilities and dangerous waste recyclers
264.70(a)
Equivalent.  Section 370 are final facility standards which apply to  permitted treatment, storage and disposal facilities (WAC 173-303-600(1)). Other types of non-permitted "designated facility" entities (e.g. generators operating under permit by rule) can receive dangerous waste as allowed by the specific dangerous waste regulations pertaining to those entities.  Further, those specific rules require compliance with 370 requirements.  Although the revised section 370(1) says it applies to owners and operators of permitted facilities and dangerous waste recyclers, other entities must comply with 370 if so required.   By this revision the state is clarifying that ordinary generators are not allowed to receive dangerous waste.


380(1)(r) New sub-section
Certificates of major tank system repair added for equivalence with federal rule
264.73(b)(19)
Equivalent

400(3)(c)(ii)(G)
Enforceable documents in lieu of a post closure permit adopted
265.110(c), 265.118(c)(4) and 265.121
Equivalent
174
400(3)(c)(vi)(B)
Facilities allowed to submit documents to Ecology electronically
265.115
Overall this is a more stringent state requirement because closure certification includes tank systems and container storage areas.   The state is less stringent for allowing electronic document submittal, although Ecology will not accept electronic document submittals until a system is in place which can establish proof of receipt and authenticity, such as CROMERR.  

400(3)(c)(xxii)(B)
Reference to Performance Track member facilities deleted
265.1101(c)(4)
204
400(3)(c)(xxii)(B)
Federal rule is modified to add IQRPE requirement.
265.1101(c)(3)(iii)
More stringent.

505(1)(b)(iv)
Internal citation corrected 
No analog 
State-only  -  broader in scope

573(9)(b)(ii)(A)
Corrected for equivalence with federal rule
273.13(c)(2)(i)
Equivalent

573(19)(iv) and (v)
References to thermostat universal waste are removed, including in the example calculation
273.32(b)(4) and (5)
More stringent (2,200 lb SQHUW threshold limit for lamps)

600(1)
Edit to clarify which rules are the final facility standards
264.1(a)
Equivalent

600(2)
Clarification on what types of facilities can accept dangerous waste from off-site sources
264.1(b)
Equivalent

610(4)(c)
Internal citations corrected for equivalence with federal rule
264.113(c)
Equivalent

610(3)(a)(ix)
610(3)(b)(ii)(D)
610(8)(d)(ii)(D)
Internal citation corrected
264.112(b)(8)
264.112(c)(2)(iv)
264.118(d)(2)(iv)
Equivalent.  610(8)(b)(iv) also needed to be corrected, but was overlooked in the 2014 rule changes. It will be corrected in a future rulemaking.
174
610(6)
610(11)
Facilities allowed to submit documents to Ecology electronically.
264.115
264.120
Overall these rules are equivalent. The state is less stringent for allowing electronic document submittal, although Ecology will not accept electronic document submittals until a system is in place which can establish proof of receipt and authenticity, such as CROMERR.  

610(12)(f)
Editing correction
No analog, but related to RCRA closure rules.
More stringent

620(1)(d)(i)
Internal citation corrected
264.140(d)(1)
Equivalent

620(3)(a)(ii)
620(6)(a)
620(9)(a)
Revise wording to be gender neutral
264.142(a)(2)
264.145
264.148(a)
Equivalent

620(3)(a)(ii)
620(5)(a)
Clarify that financial assurance cost estimates are performed by a third party
264.142(a)(2)
264.144(a)(1)
Equivalent. The state is not further limiting who can be a third party, but is better defining the term.
 
620(3)(a)(v)
620(4)(g)
620(6)(c)
Clarify that net present value adjustments are not allowed
262.142(a)
264.142(a)
264.144(a)
The state is equivalent because "current value" estimates excludes use of "net present value".

 
620(4)(a)(vi)
620 (4)(d)(iv)
620(6)(a)(vi)
Clarify that financial test and the corporate guarantee are two separate but related options
264.143(f)
264.143(f)
264.145(f)
Equivalent 

620(4)(d)(iv)
620(6)(a)(vi)
620(8)(a)(vi)
Minimum tangible net worth raised to $25M
264.143(f)
264.145(f)
264.147(f)
The state is more stringent.

620(4)(d)(v)
620(6)(a)(vii)
"Agreed upon Procedures" report can be used in place of a "Negative Assurance" report
264.143(f)(3)(iii)
264.143(f)(3)(iii)
Equivalent

620(8)(a)(i)
Minimum financial assurance liability amounts increased.  
(Previous (i), (ii) and (iii) are renumbered to (ii), (iii) and (iv))
264.147(a) and 264.147(b)
M ore stringent

620(11)
New rules for corrective action financial assurance 
No analog
More stringent

630(7)(d)
Clarify that rule applies to TSD owners and operators, not generators
264.175(d)
State is more stringent because the department can require additional cover.

640(2)(c)(v)(B) Note
640(4)(i)(iii) Note
640(9)(b)
 References to industry standards and codes updated
264.191(b)(5)(ii) Note
264.193(i)(3) Note
Equivalent 

645(1)(e)
Rule for enforceable documents in lieu of a post closure permit 
(previous (e) became (f))
264.90(e)
Equivalent
174
645(8)(c)
Clarify rule applicability 
264.97(c)
State is more stringent

64620(5)
New rules for corrective action financial assurance
No direct analog.  Related rule at 264.101
More Stringent.  The related federal rule requires financial assurance at corrective action sites, while the state rule describes financial assurance procedures in detail.

64690
Facilities must use an IQRPE for staging pile design
264.554 IBR, 045(1)
State is more stringent.

650(4)(c)
Facilities must use an IQRPE to certify dike integrity
254.226(c)
State is more stringent.

650(5)(d)(ii)(B)
Facilities must use an IQRPE for impoundment design
254.227(d)(2)(ii)
State is more stringent.

650(6)(b)(ii)
Internal citation corrected
264.228(b)(2)
Equivalent

660(6)(e)(ii)
Facilities must use an IQRPE for certification of waste pile containment system repair
No analog
State-only - broader in scope. RCRA does not include rules on containment system repairs and this certification requirement.

665(2)(a)(i)
Facilities must use an IQRPE to certify report on basis for landfill liner selection.
264.301(a)(1)
State is more stringent because RCRA does not require this report.

800(2)
800(12)
806(4)(a)
806(4)(o)
Rules for enforceable documents in lieu of a post closure permit
270.1(c) intro
270.1(c)(7)
270.14(a)
270.28
Equivalent
174
806(4)(d)(v)
Facilities must use an IQRPE for certifying dike integrity
270.17(d)
More stringent

806(4)(e)(iii)(A)(I)
Reference to IQRPE requirement to certify waste pile liner selection

270.18(c)(1)(i)
More stringent

806(4)(h)(ii)(A)(I)
Reference to IQRPE requirement to certify landfill liner selection

270.21(b)(1)(i)
More stringent

806(4)(j)(iv)(C)
806(4)(k)(v)(C)
The word "design" is deleted after "basic control device" for equivalence with federal rule
270.24(d)(3)
270.25(e)(3)
Equivalent

806(4)(n)
New facilities added to list of those able to burn hazardous waste
270.22 intro
Equivalent

810(14)(a)(i)
Facilities allowed to submit documents to Ecology electronically.
The word "qualified" is added to the note
270.30(l)(2)(i)
Overall this rule is equivalent. The state is less stringent for allowing electronic document submittal, although Ecology will not accept electronic document submittals until a system is in place which can establish proof of receipt and authenticity, such as CROMERR.  

811
New  Boiler and Industrial Furnace (BIF) facility  types added to list
270.66 IBR  045(1)
Equivalent

830 Appendix I Permit modifications table
New entry for "Burden Reduction" added
270.42 Appendix I
State is more stringent since we did not adopt several burden reduction rules

830 Appendix I
  (F)(1)(c)
  (F)(4)(a)
  (G)(1)(e)
  (G)(5)(c)
  (H)(5)(C)
Note added acknowledging non-existent RCRA section 
270.42 Appendix I
Equivalent

830(4)(a)(i)(A)
Facilities allowed to submit documents to Ecology electronically
270.42(a)(1)(i)
Overall this rule is equivalent. The state is less stringent for allowing electronic document submittal, although Ecology will not accept electronic document submittals until a system is in place which can establish proof of receipt and authenticity, such as CROMERR.  

841
New BIF facility types added to list 
270.235(a)(1) intro IBR 045(1)
Equivalent

905
Obsolete public disclosure rule deleted
No federal analog

9903
Numerical P list
 P108 CAS number corrected (2 entries)
 P114 Tetraethydithiopyrophosphate is replaced with Thallium(I) selinite
 P115 Thiodiphosphoric acid, tetraethyl ester is replaced with Sulfuric acid, dithallium(1+) salt
 P115 Plumbane, tetraethyl is replaced with Thallium(I) sulfate
 P116 Tetraethyl lead is replaced with Hydrazinecarbothioamide
 Correct errors with waste codes, CAS numbers and chemical names
 P128 Mexacarbate CAS number corrected
Alphabetical U list
 U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted* 
  U202 Saccharin, & salts deleted *
 U227 waste code for 1,1,1-Trichloroethane is replaced with U226 
Numerical U list
 U202 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts deleted* 
 U202 Saccharin, & salts deleted *

*These entries were deleted as part of state adoption of the December 17, 2010 -75 FR 78918 EPA rule removing saccharin from the discarded chemicals list.  Although these changes are not state-initiated, they are listed here because an EPA checklist was not available.  
261.33
State is equivalent. P114, P115 (listed twice), and P116 are still listed in 40 CFR 261.33, but with a note giving the same corrections as made by the state

9904(1) K181  
K181 listing code codified  

261.32(a) K181
Equivalent
206
9904 K181 entry
9904 K181(iv)
9904(4)(b)
9904(4)(c)
9904(4)(c)(i) and (ii)
Four internal citations corrected
261.32(a) K181
261.32(d)(2)
261.32(d)(3)
261.32(d)(3)(i) and (ii)
Equivalent
206
9904 K069
Administrative stay note added
261.32 K069
Equivalent


