WSR 13-19-048
[Order 13-07—Filed September 13, 2013, 2:01 p.m.]
Subject of Possible Rule Making: Dangerous waste regulations, chapter 173-303 WAC, will be amended to incorporate several federal hazardous waste regulations, including a new rule simplifying waste management at university and college laboratories, changes to import/export rules, an exclusion for refinery wastes recycled in a gasification process, incorporating corrections to United States Environmental Protection Agency (EPA) hazardous waste regulations, and a few other new, minor federal rules.
Some state-only requirements will be updated, including a number of technical and editorial corrections and clarifications. Other changes include:
Clarifying rules for special waste, including a time limit for special wastes stored at transfer stations.
Clearly defining which facilities are allowed to receive dangerous waste from off-site sources.
An exclusion for water contaminated fuels generated at petroleum fuel storage tank terminals.
Changes to financial assurance rules, including new rules for financial assurance at corrective action sites.
Adopting a federal rule that allows use of enforceable documents in place of a post closure permit.
Clarifying rules regarding professional engineers performing permitted facility certifications.
Clarifications to Chemical Test Methods (publication #97-407).
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.105 RCW, Hazardous Waste Management Act and chapter 70.105D RCW, Model Toxics Control Act.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is necessary to implement the federal hazardous waste program in Washington state. As EPA periodically updates their regulations, the state is required to amend the dangerous waste regulations to keep the rules current with the federal program and maintain authorization. By maintaining the authorization, the regulated community only has to follow state regulations, and not the federal hazardous waste rules. Some EPA rules are optional but benefit the regulated community. They correct, clarify, or streamline the requirements, making them easier to comply with. State-initiated rules are proposed (1) in response to business requests, (2) to streamline rule impact, and (3) in response to legal advice, and to clarify and correct minor errors.
Some anticipated affects of this rule making could be:
1. The Academic Laboratories Alternative Generator Standards rule allows simplified waste management at labs within academic institutions.
2. Exclusion for oil-bearing materials recycled at refineries adds gasification as another recycling process.
3. Changes to import/export rules aligns the hazardous waste regulations with Organization of Economic Cooperation and Development (OECD) import/export requirements; provides new notification and consent requirements for exporters of spent lead acid batteries; and new reporting requirements for importers and permitted facilities receiving foreign waste shipments.
4. Corrections to EPA hazardous waste regulations benefits generators by correcting errors and clarifying rules with the state regulations.
5. Exclusion for water contaminated fuels generated at petroleum fuel storage tank terminals will allow reclamation of the gasoline without the reporting and costs associated with dangerous waste disposal.
6. Changes to financial assurance rules will clarify how financial assurance cost estimates are made; increase dollar amounts for minimum liability coverage in order to keep pace with inflation.
7. New rules for corrective action financial assurance will codify existing guidance and practice, and give facilities a consistent, clear, and predictable playing field and reduce staff time spent on negotiations.
8. Alternative enforceable documents in lieu of a hazardous waste post closure permit will allow facilities to use enforceable documents in place of a post closure permit.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The EPA implements hazardous waste regulations in Washington until ecology adopts those regulations and begins implementing them. A formal EPA authorization process follows ecology's rule adoption. EPA will be made aware of which federal regulations ecology intends to adopt during this rule process. Ecology will provide drafts and the formal proposal to EPA for their review and will communicate and coordinate with EPA throughout the process.
Process for Developing New Rule: A major part of this rule making is to update the state regulations with newer federal rules. These rules went through the EPA rule-making process and are already in effect. The state process consists primarily of making draft and proposed rule language available to interested stakeholders for review and comment. Input will be sought during the draft rule phase, especially in cases where the state rules differ in some respect from the federal rules.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. For more information about the rule-making content and process contact Robert Rieck, phone (360) 407-6751, fax (360) 407-6715, e-mail, or write Attn: HWTR, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600. To receive draft and proposed rules, hearing announcements, and opportunities of public involvement you may sign up for the dangerous waste regulations listserv at
September 11, 2013
K. Seiler, Program Manager
Hazardous Waste and
Toxics Reduction