Regulatory Review

Numerous federal and state laws and regulations govern the management and disposal of hazardous products and wastes. Some of these regulations are concerned with specific environmental issues, such as clean air and water. Other regulations govern individual wastes, like batteries and pesticides. This section provides an overview of regulations and government agencies that address the management and disposal of hazardous products and wastes

Federal regulations
Resource Conservation and Recovery Act or, RCRA
Universal Waste Rule
Mercury-containing and Rechargeable Battery Management Act
Comprehensive Environmental Response, Compensation, and Liability Act , or CERCLA
Other federal laws

State regulations
Solid Waste Management Act
Hazardous Waste Management Act
Waste management priorities
Model Toxics Control Act
Used Oil Recycling Act

Local agencies
Public Health – Seattle & King County
King County Solid Waste Division
Seattle Solid Waste Utility
King County Industrial Waste Program
King County Water and Land Resources Division
Municipal wastewater and stormwater regulation
Fire departments
Puget Sound Clean Air Agency
Agencies concerned with worker health and safety

Federal regulations

Resource Conservation and Recovery Act, or RCRA
The 1976 Resource Conservation and Recovery Act, or RCRA, provides a comprehensive framework for managing solid and hazardous waste. Its intent is to eliminate or minimize public health threats and contamination caused by these wastes. RCRA was modified in 1984 by the Hazardous and Solid Waste Amendments, orHSWA, establishing minimum technical standards for the design and operation of solid waste facilities. These resulted from concerns about the disposal of unregulated quantities of hazardous waste at municipal landfills.

RCRA (Subtitle C) establishes a framework for managing hazardous waste by regulating large- and medium-quantity waste generators, waste transporters, and treatment, storage and disposal facilities handling the waste.

RCRA sets out requirements for businesses that generate or store waste above certain “quantity exclusion limits.” Wastes must be tracked by manifest from the point of generation to the final disposal; this is known as “cradle-to-grave” tracking. Generators producing and storing hazardous wastes below the limits aren’t fully regulated if they comply with rules specified by the Environmental Protection Agency or their state regarding the designation, management and reporting of wastes. Household hazardous waste is exempt from RCRA regulation.

The Environmental Protection Agency implements and enforces RCRA, although enforcement may be delegated to states. The State of Washington has authority to implement the RCRA Subtitle C program.

RCRA (Subtitle D) encourages the creation of state solid waste management plans and provides the technical criteria for construction and operation of solid waste disposal facilities. Subtitle D also ensures that landfills receiving household hazardous waste and small quantity generator hazardous waste meet minimum standards to prevent the release of contaminants into the environment.

Universal Waste Rule
By adopting the Universal Waste Rule (40 CFR Part 273) in 1995, the Environmental Protection Agency streamlined the regulation of certain hazardous wastes, including pesticides, mercury-bearing thermostats, and certain types of batteries. The rule aims to reduce regulatory burdens associated with storing, collecting and transporting these wastes and to make proper recycling and disposal more cost effective. States can adopt any portion of the Universal Waste Rule and can petition to allow additional wastes at the state level. Given fewer regulations for universal wastes, the expectation is that private, non-profit and public organizations will set up collection and recycling programs for these wastes.

Mercury-containing and Rechargeable Battery Management Act
The 1996 Mercury-containing and Rechargeable Battery Management Act (Public Law 104-142) provides for the following: uniform labeling of batteries; easy removal of batteries from products that use rechargeable batteries; streamlined regulation of used nickel-cadmium batteries; and prohibition on the sale of certain mercury-containing batteries (mercuric-oxide button cell batteries and alkaline-manganese or zinc-carbon batteries with mercury added). The Rechargeable Battery Recycling Corporation, or RBRC, an industry-supported nonprofit organization, educates the public about rechargeable battery recycling and implements battery recycling programs. RBRC also pays for battery shipping and reclamation of nickel, cadmium and steel.

Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA
The Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, more commonly known as the “Superfund” act, provides for the cleanup of sites contaminated by hazardous waste. These sites are often inactive or abandoned. In many cases, contamination occurred before RCRA was enacted—that is, when little was known about the effects of hazardous waste on human health and the environment. CERCLA provides the Environmental Protection Agency, or EPA, with the financial resources and authority to clean up contaminated sites. The EPA and state agencies may work with responsible parties to clean up the site or may directly perform cleanup themselves.

The 1986 Superfund Amendments and Reauthorization Act, also known as the Emergency Planning and Community Right-to-Know Act, has requirements related to emergency planning notification, emergency release notification, and reporting of chemical releases for community right-to-know.

Other federal laws
Other federal regulations related to hazardous waste management include the following:

The Environmental Protection Administration has delegated authority to the Washington State Department of Ecology for issuing NPDES permits to all facilities that discharge wastewater directly to surface waters in Washington. All local sewage treatment plants have NPDES permits. Permit conditions specify the allowable concentrations of certain effluents, including limitations on priority pollutants such as heavy metals.

State regulations

Solid and hazardous wastes are regulated in Washington through a variety of statues and regulations. The most important are the Solid Waste Management Act (Chapter 70.95 RCW), and the Hazardous Waste Management Act (Chapter 70.105 RCW).

Solid Waste Management Act, or SWMA
Solid waste handling and disposal are regulated under the Solid Waste Management Act, or SWMA. This law provides for state and local solid waste management plans, establishes minimum standards for solid waste handling and disposal, and sets up criteria for the siting of solid waste facilities. The SWMA also establishes a waste management hierarchy in which waste reduction and recycling are the best options and land disposal is least preferred.

Under SWMA, disposal of vehicle batteries is prohibited. Instead, retailers who sell new automotive batteries are required to accept used batteries for recycling. Purchasers are encouraged to return used batteries to retailers, since a minimum core charge is applied to new batteries.

Hazardous Waste Management Act, or HWMA
The Hazardous Waste Management Act regulates the transport, treatment, storage and disposal of hazardous waste and requires the following:

The Dangerous Waste Regulations (173-303 WAC) address the designation of dangerous wastes and provide requirements for waste generators, transporters and management/disposal facilities. These regulations are periodically amended to improve the hazardous waste management system, streamline requirements and incorporate new federal rules adopted under RCRA. For example, a 1995 amendment to the Dangerous Waste Regulations allows small quantity generator businesses to accumulate up to 2,200 pounds of dangerous waste rather than the previous limit of 220 pounds. This change, and a number of other actions, have allowed generators to be reclassified from large or medium quantity waste generators to small quantity generators.

Changes to the definition of what is “counted” as hazardous waste can also affect a generator’s regulatory status. For instance, waste antifreeze is no longer counted as hazardous waste when best management practices, such as recycling, are used. Although changes to regulatory definitions help some businesses change their waste generator status, many businesses accomplish this by reducing the amount of hazardous waste they produce through pollution prevention planning and technical assistance.

Waste management priorities
The Hazardous Waste Management Act, or HWMA, establishes a waste management hierarchy, similar to the Solid Waste Management Act, or SWMA. Moving from the best to the least preferable option, the priorities are:

Local governments are responsible for regional planning, implementation and certain enforcement activities under the SWMA and HWMA. Local governments are required to develop solid waste and local hazardous waste management plans and to provide long-term programs to address these. Local governments assume most regulation and enforcement responsibility for solid waste, including the siting, permitting and inspection of facilities. In addition, local governments—along with hazardous and solid waste management firms—provide waste collection, recycling, and disposal services.

Since household hazardous waste and small quantity generator business wastes are exempt from full hazardous waste regulation, local governments are responsible for the management and regulation of these wastes. The Local Hazardous Waste Management Program in King County is King County’s response to the HWMA requirement that counties, cities, and towns develop local hazardous waste management plans that address hazardous waste produced by households and small quantity generator businesses.

Model Toxics Control Act
The Model Toxics Control Act (RCW 70.105D) provides for the identification and cleanup of hazardous waste sites in Washington. The act assigns liability for damages, provides enforcement authority for the Department of Ecology, and establishes penalties. The statute also creates the state and local toxics control accounts, funded by a 0.7 percent tax on hazardous materials. The state account funds state hazardous and solid waste planning, enforcement and technical assistance, remedial actions, public education and emergency response training. The local account provides grants to local governments for remedial actions and local solid and hazardous waste programs.

Used Oil Recycling Act
The 1991 Used Oil Recycling Act (RCW 70.951) requires local hazardous waste management plans to provide for used oil recycling. The act requires local plans to include the following:

The act also requires local governments to submit annual reports describing the number of collection sites and the quantities of used oil collected from households. Requirements for the transport, treatment, recycling and disposal of used oil are also specified in the Used Oil Recycling Act.

To comply with the act, the Local Hazardous Waste Management Program in King County prepared a used oil recycling plan in 1993 and prepares annual reports that describe the numbers and locations of used motor oil collection sites and estimate the quantities of used oil received from household sources.

Local agencies

Numerous local government agencies address the management and disposal of household hazardous waste and small quantity business hazardous waste. This section identifies the key local agencies and their roles.

Public Health – Seattle & King County
Public Health – Seattle & King is responsible for enforcing state public health statutes and state and local Boards of Health rules and regulations. Public Health has authority to adopt regulations to protect the public from the effect of hazardous substances; this includes authority to regulate the disposal of household hazardous waste and small quantity generator business wastes. Public Health inspects and issues operating permits to solid waste facilities and on-site sewage systems and makes determinations about the disposal of special or problem wastes.

King County Board of Health rules governing hazardous and solid wastes are found in Title 10 of the Code of the King County Board of Health. For instance, section 10.28.050 prohibits certain banned and restricted pesticides, wood preservatives, and used motor oil from disposal in municipal solid waste systems, public sewer systems, onsite sewage systems, on land, or in surface or ground waters.

King County Solid Waste Division
The King County Solid Waste Division operates the King County solid waste transfer stations and disposal facilities. King County Code 10.08.050 prohibits the disposal of hazardous wastes generated by businesses and institutions at solid waste transfer and disposal facilities. Some “special wastes”—like asbestos and contaminated soil that are approved for landfill disposal by Public Health—may be accepted at the Cedar Hills Regional Landfill.

King County transfer facilities and landfills accept some types of household hazardous waste as municipal solid waste. However, motor oil, oil-based paints, wood preservatives, vehicle batteries and certain banned or restricted-use pesticides are not accepted. The public is encouraged to use up hazardous household products or to dispose of hazardous wastes through household hazardous waste collection facilities or special collection events.

Waste screeners at transfer facilities and the landfill remove hazardous and other unacceptable wastes from the municipal solid waste stream before it is landfilled. The King County Solid Waste Division has the authority to impose fines and penalties for violations (King County Code 10.08.100). .

Seattle Solid Waste Utility
The City of Seattle (Municipal Code 21.36.025) prohibits household hazardous waste, or HHW, and small quantity generator business waste from disposal in commercial or residential garbage containers. The code specifically prohibits the following HHW: nonedible oils; flammable liquids and solids, including fuels, solvents, paint thinners, and degreasers; pesticides, including herbicides, insecticides and wood preservatives; corrosive materials; PCB capacitors and ballasts; mercury-containing products, such as thermometers and mercury switches; vehicle batteries; hobby chemicals and artists’ paints; and liquid paints. HHW must be disposed of at special collection facilities and/or events designated by the City of Seattle. Small quantity generator hazardous wastes must be managed according to the provisions of Chapter 173-303 WAC (dangerous waste regulations).

Staff at City of Seattle transfer facilities screen wastes to prevent the disposal of hazardous and other unacceptable wastes.

King County Industrial Waste Program
The King County Wastewater Treatment Division manages the sewerage system for most of King County. The remaining wastewater is managed by eight small sewer districts and cities.

Each wastewater treatment facility operates under a state-issued NPDES permit governing the effluent discharged to surface waters. To meet the state’s NPDES permit requirements, King County regulates those who discharge significant quantities of wastewater into the King County sewerage system and regulates the concentrations of substances that could affect the collection system, the sewage treatment plants, workers and the environment.

The King County Industrial Waste Program issues pretreatment permits and discharge authorizations to businesses that discharge potentially problematic wastes to the sewer system under King County Code 28.84.060. The agency also sets local limits for contaminants such as heavy metals, fats/oils/greases, and organic chemicals, and it prohibits or limits the discharge of certain hazardous substances and other specified substances such as food wastes and septic tank wastes.

King County Water and Land Resources Division
King County prohibits the discharge of the following contaminants into stormwater or storm drains within its jurisdiction (King County Code 9.12.025): petroleum products (including oil and gasoline), antifreeze, metals, acids, alkalines, paints, degreasers, solvents, drain cleaners, pesticides, and “any hazardous material or waste not listed above.” The Water and Land Resources Division responds to complaints concerning discharges of problem materials into drainage systems and provides technical assistance to businesses on drainage quality issues.

Municipal wastewater and stormwater regulation
Seattle and the suburban cities have municipal ordinances that prohibit or regulate the discharge of hazardous substances to sanitary sewers and/or storm drainage systems within their jurisdictions. Local regulations often mirror the King County codes referenced above. Some cities, such as Renton and Redmond, have enacted strict aquifer protection ordinances with provisions affecting the use, storage and disposal of hazardous materials within sensitive aquifer recharge areas. Some of the larger cities, such as Seattle and Bellevue, offer technical assistance to businesses for drainage issues. Bellevue has a stormwater source control program with a recognition and incentive component called “Bellevue Partners for Clean Water.”

Fire departments
City fire departments and fire districts regulate the handling and use of hazardous materials and provide inspection, compliance and enforcement services under national, state and local fire codes and regulations. The Uniform Fire Code, or UFC, especially articles 79 and 80, sets specific requirements for the storage and use of hazardous materials and has requirements for safety equipment. Cities and fire districts may enact local codes based on the UFC. These vary from jurisdiction to jurisdiction, reflecting the special needs of a city or district, and are typically more stringent than the UFC provisions.

Puget Sound Clean Air Agency, or PSCAA
The Puget Sound Clean Air Agency, or PSCAA, is a regional agency that enforces federal, state and local air quality standards, laws and regulations in King County and neighboring counties. For example, PSCAA regulates the release of solvents containing volatile organic compounds, or VOCs, into the air by requiring specialized equipment in industries that spray coat and by requiring the use of solvents with low VOCs or the capture/containment of high VOC solvents.

PSCAA also regulates activities involving asbestos by defining the requirements for the following: asbestos surveys in renovations and demolitions, project notifications, asbestos removal procedures, and disposal of asbestos-containing wastes.

Agencies concerned with worker health and safety
State and federal regulations address worker exposure to hazardous chemicals and set requirements for worker training and information under “worker right-to-know” laws. Worker training is required through the federal Occupational Safety and Health Act, or OSHA, and the Washington Industrial Safety and Health Act, or WISHA. These acts require proper labeling of hazardous materials and the informing of workers about potential dangers associated with exposure to hazardous materials.

Workers handling hazardous wastes must undergo health and safety and hazard communication training. The U.S. Department of Transportation requires hazardous waste transporters to provide safety and regulatory training for their employees.

Operators of solid waste and wastewater facilities are required to train employees in worker right-to-know requirements, blood-borne pathogens, and hazardous materials and asbestos awareness. Additional training may include hearing conservation, use of protective equipment, CPR and first aid. Garbage haulers must also have worker right-to-know and blood-borne pathogen training and must be provided with appropriate training and equipment for health and safety purposes

Regulations Governing Hazardous Materials and Wastes

Federal regulations

State regulations

Local agencies