WSR 98-03-018
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 97-03--Filed January 12, 1998, 1:20 p.m.]
Date of Adoption: January 8, 1998.
Purpose: These amendments will update the dangerous waste regulations by incorporating several federal hazardous waste requirements. Also, a conditional exclusion for recycled antifreeze is being adopted.
Citation of Existing Rules Affected by this Order: Amending chapter 173-303 WAC.
Statutory Authority for Adoption: Chapters 70.105 and 70.105D RCW.
Adopted under notice filed as WSR 97-16-074 on August 4, 1997.
Changes Other than Editing from Proposed to Adopted Version: 1. WAC 173-303-040 Designation, "designation" is the process of determining whether a waste is regulated under the dangerous waste lists, WAC 173-303-080 through 173-303-082; or characteristics, WAC 173-303-090; or criteria, WAC 173-303-100. A waste that has been designated as a dangerous waste may be either DW or EHW. The procedures for designating wastes are in WAC 173-303-070.
2. WAC 173-303-040 Large quantity handler of universal waste, "large
quantity handler of universal waste" means a universal waste handler (as
defined in this section) who accumulates 11,000 pounds or more total of
universal waste (batteries or thermostats, calculated collectively) at
any time. This designation as a large quantity handler of universal
waste is retained through the end of the calendar year in which 5,000
kilograms 11,000 pounds or more total of universal waste is accumulated.
3. WAC 173-303-040 Persistence, "persistence" means the quality of
a material which that retains more than half of its initial activity
after one year (365 days) in either a dark anaerobic or dark aerobic
environment at ambient conditions. Persistence Persistent compounds are
either halogenated organic compounds (HOC) or polycyclic aromatic
hydrocarbons (PAH) as defined in this section.
4. WAC 173-303-045(2), references to EPA's hazardous waste and permit regulations.
(1) Any references in this chapter to any parts, subparts, or sections from EPA's hazardous waste regulations, including 40 CFR Parts 260 through 280 and Part 124, are in reference to those rules as they existed on July 1, 1996, except for the following: (a) Update III to SW 846 is incorporated in accordance with the June 13, 1997 Federal Register Volume 62, Number 114; and (b) The Land Disposal Restriction requirements for carbamate wastes are those that appeared at 40 CFR 268.39 and 268.40 in the June 17, 1997 Federal Register Volume 62, Number 116. Copies of the appropriate referenced federal requirements are available upon request from the department.
(2) The following sections and any cross-reference to these sections are not incorporated or adopted by reference:
(a) 40 CFR Parts 260.1 (b)(4)-(6) and 260.20-22.
(b) 40 CFR Parts 264.1 (d) and (f); 265.1 (c)(4); 264.149-150 and 265.149-150; 264.301(k); and 265.430.
(c) 40 CFR Parts 268.5 and 268.6; 268 Subpart B; and 268.42(b).
(d) 40 CFR Parts 270.1 (c)(1)(i); 270.60(b); and 270.64.
(e) 40 CFR Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10 (a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2); 124.16; 124.17(b); 124.18; 124.19; and 124.21.
5. WAC 173-303-070 (7)(d)(ii), withdrawn counting provision.
(ii) Dangerous waste produced by on-site treatment (including
reclamation) of their dangerous waste, as long as the dangerous waste
that is treated was counted once (Note: If after treatment or
reclamation a residue is generated with a different waste code(s), that
residue is counted) Reserve;
6. WAC 173-303-071 (3)(c), household dangerous waste exclusion.
(c) Household wastes, including household waste that has been
collected, transported, stored, or disposed. Wastes which that are
residues from or are generated by the management of household wastes
(e.g., leachate, ash from burning of refuse-derived fuel) are not
excluded by this provision. "Household wastes" means any waste material
(including, but not limited to, garbage, trash, and sanitary wastes in
septic tanks) derived from households (including single and multiple
residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas).
A resource recovery facility managing municipal solid waste will not be
deemed to be treating, storing, disposing of, or otherwise managing
hazardous dangerous wastes for the purposes of regulation under this
chapter, if such facility:
7. WAC 173-303-100 (5)(b)(ii), Example 1.
Example 1. A person's waste contains: Aldrin (A Category) - .01%;
Endrin (A Category) - 1%; Benzene (D Category) - 4%; Phenol (C Category)
- 2%; Dinoseb (B Category) - 5%; Water (nontoxic) - 87%. The equivalent
concentration (E.C.) would be:
[Open Style:Columns Off]
E.C. (%) =
1.01% + 5% + 2% + 4% + 0% 0% + (0.01% + 1.0%) + 5.0% + 2.0% + 4.0%
10 100 1000 10,000 1 10 100 1000 10,000
= 0% + 0.101% + 0.05% + 0.002% + 0.0004% + 0% = 0.1534%
[Open Style:Columns On]
So the equivalent concentration equals 0.1534%.
8. WAC 173-303-100(6) and 173-303-110 (3)(c).
WAC 173-303-100(6), persistence criteria, for the purposes of this
section, persistent constituents are chemical compounds which are either
halogenated organic compounds (HOC), or polycyclic aromatic hydrocarbons
(PAH), as defined under WAC 173-303-040. Except as provided in WAC 173-303-070 (4) or (5), a person may determine the identity and concentration
of persistent constituents by either applying knowledge of the waste or
by testing the waste according to WAC 173-303-110 (3)(c) Chemical Testing
Methods for Designating Dangerous Waste, September 1997 February 1998.
WAC 173-303-110 (3)(c) Chemical Testing Methods for Designating
Dangerous Waste, September 1997 February 1998 describing methods for
testing:
(i) Ignitability;
(ii) Corrosivity;
(iii) Reactivity;
(iv) Toxicity characteristic leaching procedure;
(v) Halogenated organic compounds; and
(vi) Polycyclic aromatic hydrocarbons.
9. WAC 173-303-110.
(1) Purpose, this section sets forth the testing methods to be used to comply with the requirements of this chapter. Quality control procedures specified by the testing method or an approved equivalent method must be followed for the analytical result to be considered valid for designation. All methods and publications listed in this section are incorporated by reference.
(2) Representative samples.
(a)(vi) Containerized liquid wastes - "COLIWASA" described in Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846,
revised July 1982, as amended by Update 1 (April 1984) and Update 2
(April 1985) as incorporated by reference at WAC 173-303-110 (3)(a); and,
(vii) Liquid waste in pits, ponds, lagoons, and similar reservoirs
- "Pond Sampler" described in Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods, SW-846, revised July 1982, as amended
by Update 1 (April 1984) and Update 2 (April 1985) as incorporated by
reference at WAC 173-303-110 (3)(a).
(3) Test procedures, for copies of SW-846, including updates, and 40 CFR Part 261: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, (202) 512-1800.
The document titles and included test procedures are as follows:
(a) Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication, SW-846 (Third Edition (November 1986) as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), and III (December 1996)). The Third Edition of SW-846 and its Updates (document number 955-001-00000-1) are available from the Superintendent of Documents;
(b) Biological Testing Methods, Department of Ecology Publication #80-12, the latest revision, describing procedures for:
(c) Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97-407, February 1998 describing methods for testing:
(f) 40 CFR Part 261 Appendix III Chemical Analysis Test Methods,
which refers to appropriate analytical procedures to determine whether
a sample contains a given toxic constituent in Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, and 40 CFR Part 261 Appendix II, which refers to Method 1311
Toxicity Characteristic Leaching Procedure are adopted by reference.
(g) The following publications for air emission standards are
incorporated by reference.
(h) When used in this chapter, the The following publications are
incorporated by reference:
10. WAC 173-303-145(3).
(b)(i) Where immediate removal, temporary storage, or treatment of
spilled or discharged dangerous wastes or hazardous substances is
necessary to protect human health or the environment, the department may
direct that persons to:
(i) Removal be accomplished (A) Remove it without a manifest, by
transporters who do not have EPA/state identification numbers;
(ii) The wastes may be temporarily stored (B) Temporarily store it
at sites that are protective of human health and the environment and are
secure from access by the public; and/or
(iii) That the wastes may be treated (C) Treat it to reduce or
control the hazards, under WAC 173-303-170.
(ii) When the department seeks to direct persons who are not responsible for a spill or discharge to carry out actions pursuant to this section, it will obtain their concurrence. It is the intent of the department that persons who provide these services may be deemed "Good Samaritans" under the provisions of chapter 70.136 RCW.
11. WAC 173-303-335(5) and 173-303-400 (3)(a).
WAC 173-303-335(5) Construction quality assurance program for
interim status facilities. Interim status facilities must comply with
the construction quality assurance program requirements at 40 CFR 265.19
which are incorporated by reference at WAC 173-303-400 (3)(a).
WAC 173-303-400(3) Standards.
(a) Interim status standards are the standards set forth by the Environmental Protection Agency in 40 CFR Part 265 Section 265.19 of Subpart B, Subparts F through R, Subpart W, and Subparts AA, BB, and DD which are incorporated by reference into this regulation (including, by reference, any EPA requirements specified in those subparts which are not otherwise explicitly described in this chapter), and:
(i) The land disposal restrictions of WAC 173-303-140; the facility requirements of WAC 173-303-280 through 173-303-440 except WAC 173-303-335; and the corrective action requirements of WAC 173-303-646;
12. WAC 173-303-505.
(2)(d) The use of waste or oil, used oil, or other material which
that is contaminated with dioxin or any other dangerous waste (other than
a waste identified solely on the basis of ignitability), for dust
suppression or road treatment is prohibited.
13. WAC 173-303-573 (35)(a).
(a) The owner or operator of a destination facility (as defined in WAC 173-303-040) is subject to all applicable requirements of WAC 173-303-140 and 173-303-141, 173-303-280 through 173-303-525, 173-303-600 through 173-303-695, 173-303-800 through 173-303-840, and the notification requirement at WAC 173-303-060:
14. WAC 173-303-573 (40)(f).
(f) Regulation of the waste or category of waste under this section
will increase the likelihood that the waste will be diverted from
nondangerous waste management systems (e.g., the municipal waste stream,
nondangerous industrial or commercial waste stream, municipal sewer or
stormwater systems) to recycling, treatment, or disposal in compliance
with the Hazardous Waste Management Act chapter 70.105 RCW, and this
chapter, and RCRA Subtitle C.
15. WAC 173-303-655(12).
(13) Existing and newly regulated surface impoundments. The
requirements of 3005 (j)(1) and (6) of the Resource Conservation and
Recovery Act (RCRA) of 1976, as amended, are incorporated by reference.
Surface impoundments regulated for the first time by a listing or
characteristic promulgated after November 8, 1984, must comply with new
unit requirements or stop hazardous waste activity by four years after
the date of promulgation of the new listing or characteristic.
16. WAC 173-303-815 (2)(b).
(b)(i) Each permit must include permit conditions necessary to
achieve compliance with the Hazardous Waste Management Act and, this
chapter, and RCRA Subtitle C. In satisfying this provision, the director
may incorporate applicable requirements of this chapter directly into the
permit or establish other permit conditions that are based on this
chapter.
17. WAC 173-303-815 (2)(b)(iii).
(iii) For a state-issued permit, an applicable requirement is a
state statutory or regulatory requirement that takes effect prior to
final administrative disposition of a permit. (Note: For a permit
issued by EPA, an applicable requirement is a statutory or regulatory
requirement (including any interim final regulation) which takes effect
prior to the issuance of the permit (except as provided in 40 CFR
Section 124.86(c) for RCRA permits being processed under Subpart E or F
of part 124). 40 CFR Section 124.14 (reopening of comment period)
provides a means for reopening EPA permit proceedings at the discretion
of the director where new requirements become effective during the
permitting process and are of sufficient magnitude to make additional
proceedings desirable). For state and EPA administered programs, an
applicable requirement is also any requirement that takes effect prior
to the modification or revocation and reissuance of a permit, to the
extent allowed in WAC 173-303-830(3).
18. WAC 173-303-910 (6)(b)(iv).
(iv) Petition for organic/carbonaceous waste exemption. Petitions
for exemption of organic/carbonaceous wastes, as allowed under WAC 173-303-140 (6)(d)(c), must:
19. WAC 173-303-830 Appendix I F. Containers.
4. Storage of or treatment of different wastes in containers:
a. That require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards, or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) 11
b. That do not require the addition of units or a change in the
treatment process or management standards, and provided that the units
have previously received wastes of the same type (e.g., incinerator
scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) 11
20. WAC 173-303-9903 U Wastes.
U387 52888-80-9 Prosulfocarb
For the rationale for the changes, a copy of the concise explanatory statement is available from Patricia Hervieux, P.O. Box 47600, Olympia, WA 98504-7600.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 3, amended 35, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, amended 16, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
January 8, 1998
Tom Fitzsimmons
Director
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-017 Recycling processes involving solid waste. (1) The purpose of this section is to identify those materials that are and are not solid wastes when recycled. Certain materials, as described in subsection (2) of this section, would not typically be considered to involve waste management and are exempt from the requirements of this chapter. All recycling processes not exempted by subsection (2) of this section are subject to the recycling requirements of WAC 173-303-120.
(2) General categories of materials that are not solid waste when recycled.
(a) Except as provided in subsection (3) of this section, materials are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an industrial process to make a product provided the materials are not being reclaimed; or
(ii) Used or reused as effective substitutes for commercial products; or
(iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land.
(b) Except as provided in subsection (3) of this section, the department has determined that the following materials when used as described are not solid wastes:
(i) Pulping liquors (((i.e.)) e.g., black liquor) that are reclaimed
in a pulping liquor recovery furnace and then reused in the pulping
process;
(ii) Spent pickle liquor which is reused in wastewater treatment at a facility holding a national pollutant discharge elimination system (NPDES) permit, or which is being accumulated, stored, or treated before such reuse;
(iii) Spent sulfuric acid used to produce virgin sulfuric acid.
(3) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (as described in subsection (2)(a) of this section):
(a) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or
(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or
(c) Materials accumulated speculatively as defined in WAC 173-303-016 (5)(d)(ii); or
(d) Materials listed in WAC 173-303-016(6); or
(e) Any materials that the department determines are being accumulated, used, reused or handled in a manner that poses a threat to public health or the environment.
(4) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing chapter 70.105 RCW who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.
(5) Variances from classification as a solid waste.
(a) In accordance with the standards and criteria in (b) of this subsection and the procedures in subsection (7) of this section, the department may determine on a case-by-case basis that the following recycled materials are not solid wastes:
(i) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in WAC 173-303-016 (5)(d)(ii));
(ii) Materials that are reclaimed and then reused within the original production process in which they were generated;
(iii) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;
(iv) State-only dangerous materials (not regulated as hazardous wastes (defined in WAC 173-303-040) by EPA) which serve as an effective substitute for a commercial product or raw material.
(b) Standards and criteria for variances from classification as a solid waste.
(i) The department may grant requests for a variance from
classifying as a solid waste those materials that are accumulated
speculatively without sufficient amounts being recycled if the applicant
demonstrates that sufficient amounts of the material will be recycled or
transferred for recycling in the following year. If a variance is
granted, it is valid only for the following year, but can be renewed, on
an annual basis, by filing a new application. The department's decision
will be based on the following ((standards and)) criteria:
(A) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling);
(B) The reason that the applicant has accumulated the material for one or more years without recycling seventy-five percent of the volume accumulated at the beginning of the year;
(C) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled;
(D) The extent to which the material is handled to minimize loss;
(E) Other relevant factors.
(ii) The department may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria:
(A) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials;
(B) The prevalence of the practice on an industry-wide basis;
(C) The extent to which the material is handled before reclamation to minimize loss;
(D) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process;
(E) The location of the reclamation operation in relation to the production process;
(F) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form;
(G) Whether the person who generates the material also reclaims it;
(H) Other relevant factors.
(iii) The department may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors:
(A) The degree of processing the material has undergone and the degree of further processing that is required;
(B) The value of the material after it has been reclaimed;
(C) The degree to which the reclaimed material is like an analogous raw material;
(D) The extent to which an end market for the reclaimed material is guaranteed;
(E) The extent to which the reclaimed material is handled to minimize loss;
(F) Other relevant factors.
(iv) The department may grant requests for a variance from classifying as a solid waste those materials that serve as an effective substitute for a commercial product or raw material, when such material is not regulated as hazardous waste (defined in WAC 173-303-040) by EPA, if the materials are recycled in a manner such that they more closely resemble products or raw materials rather than wastes. This determination will be based on the following factors:
(A) The effectiveness of the material for the claimed use;
(B) The degree to which the material is like an analogous raw material or product;
(C) The extent to which the material is handled to minimize loss or escape to the environment;
(D) The extent to which an end market for the reclaimed material is guaranteed;
(E) The time period between generating the material and its recycling;
(F) Other factors as appropriate.
(6) Variance to be classified as a boiler.
In accordance with the standards and criteria in WAC 173-303-040 (definition of "boiler"), and the procedures in subsection (7) of this section, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in WAC 173-303-040, after considering the following criteria:
(a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
(b) The extent to which the combustion chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(d) The extent to which exported energy is utilized; and
(e) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce steam, heated fluids, or heated gases; and
(f) Other factors, as appropriate.
(7) Procedures for variances from classification as a solid waste or to be classified as a boiler.
The department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed controlled flame combustion devices as boilers:
(a) The applicant must apply to the department for the variance. The application must address the relevant criteria contained in subsections (5)(b) or (6) of this section.
(b) The department will evaluate the application and issue a draft
public notice tentatively granting or denying the application.
Notification of this tentative decision will be provided by newspaper
advertisement and radio broadcast in the locality where the recycler is
located. The department will accept comment on the tentative decision
for thirty days, and may also hold a public hearing upon request or at
its discretion. The department will issue a final decision after receipt
of comments and after the hearing (if any)((, and this decision may not
be appealed to the department)).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-017, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-017, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-017, filed 6/26/87; 86-12-057 (Order
DE-85-10), 173-303-017, filed 6/3/86; 84-14-031 (Order DE 84-22),
173-303-017, filed 6/27/84.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-040 Definitions. When used in this chapter, the following terms have the meanings given below.
"Aboveground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
"Active life" of a facility means the period from the initial receipt of dangerous waste at the facility until the department receives certification of final closure.
"Active portion" means that portion of a facility which is not a closed portion, and where dangerous waste recycling, reuse, reclamation, transfer, treatment, storage or disposal operations are being or have been conducted after:
The effective date of the waste's designation by 40 CFR Part 261; and
March 10, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261. (See also "closed portion" and "inactive portion.")
"Acute hazardous waste" means dangerous waste sources (listed in WAC 173-303-9904) F020, F021, F022, F023, F026, or F027, and discarded chemical products (listed in WAC 173-303-9903) that are identified with a dangerous waste number beginning with a "P", including those wastes mixed with source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954. The abbreviation "AHW" will be used in this chapter to refer to those dangerous and mixed wastes which are acute hazardous wastes. Note - the terms acute and acutely are used interchangeably.
"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of dangerous waste from its point of generation to a storage or treatment tank(s), between dangerous waste storage and treatment tanks to a point of disposal on-site, or to a point of shipment for disposal off-site.
"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
(("Asbestos containing waste material" means any waste that contains
more than one percent asbestos by weight and that can be crumbled,
pulverized, or reduced to powder when dry, by hand pressure.))
"Batch" means any waste which is generated less frequently than once a month.
"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
"Berm" means the shoulder of a dike.
"Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and
The unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: Process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
While in operation, the unit must maintain a thermal energy recovery efficiency of at least sixty percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
The unit must export and utilize at least seventy-five percent of the recovered energy, calculated on an annual basis. In this calculation, no credit will be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
The unit is one which the department has determined, on a case-by-case basis, to be a boiler, after considering the standards in WAC 173-303-017(6).
"By-product" means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
"Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
"Carcinogenic" means a material known to contain a substance which has sufficient or limited evidence as a human or animal carcinogen as listed in both IARC and either IRIS or HEAST.
"Closed portion" means that portion of a facility which an owner or operator has closed, in accordance with the approved facility closure plan and all applicable closure requirements.
"Closure" means the requirements placed upon all TSD facilities to ensure that all such facilities are closed in an acceptable manner (see also "post-closure").
"Commercial chemical product or manufacturing chemical intermediate" refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient.
"Commercial fertilizer" means any substance containing one or more recognized plant nutrients and which is used for its plant nutrient content and/or which is designated for use or claimed to have value in promoting plant growth, and includes, but is not limited to, limes, gypsum, and manipulated animal manures and vegetable compost. The commercial fertilizer must be registered with the state or local agency regulating the fertilizer in the locale in which the fertilizer is being sold or applied.
"Compliance procedure" means any proceedings instituted pursuant to the Hazardous Waste Management Act as amended in 1980 and 1983, and chapter 70.105A RCW, or regulations issued under authority of state law, which seeks to require compliance, or which is in the nature of an enforcement action or an action to cure a violation. A compliance procedure includes a notice of intention to terminate a permit pursuant to WAC 173-303-830(5), or an application in the state superior court for appropriate relief under the Hazardous Waste Management Act. A compliance procedure is considered to be pending from the time a notice of violation or of intent to terminate a permit is issued or judicial proceedings are begun, until the department notifies the owner or operator in writing that the violation has been corrected or that the procedure has been withdrawn or discontinued.
"Component" means either the tank or ancillary equipment of a tank system.
"Constituent" or "dangerous waste constituent" means a chemically distinct component of a dangerous waste stream or mixture.
"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of WAC 173-303-695.
"Contingency plan" means a document setting out an organized,
planned, and coordinated course of action to be followed in case of a
fire, explosion, or release of dangerous waste or dangerous waste
constituents which could threaten ((the public)) human health or
environment.
"Contract" means the written agreement signed by the department and the state operator.
"Corrective action management unit" or "CAMU" means an area within a facility that is designated by the director pursuant to WAC 173-303-646 (4), (5), and (6) for the purpose of implementing the corrective action requirements of WAC 173-303-646(2). A CAMU may be used only for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
"Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
"Dangerous waste constituents" means those constituents listed in WAC 173-303-9905 and any other constituents that have caused a waste to be a dangerous waste under this chapter.
"Dangerous waste management unit" is a contiguous area of land on or in which dangerous waste is placed, or the largest area in which there is a significant likelihood of mixing dangerous waste constituents in the same area. Examples of dangerous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
"Dangerous wastes" means those solid wastes designated in WAC 173-303-070 through 173-303-100 as dangerous, or extremely hazardous or mixed waste. As used in this chapter, the words "dangerous waste" will refer to the full universe of wastes regulated by this chapter. The abbreviation "DW" will refer only to that part of the regulated universe which is not extremely hazardous waste. (See also "extremely hazardous waste," "hazardous waste," and "mixed waste" definitions.)
"Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: Any material for which a specific treatment standard is provided in 40 CFR Part 268 Subpart D (incorporated by reference in WAC 173-303-140 (2)(a)); process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least seventy-five percent of their original volume. A mixture of debris that has not been treated to the standards provided by 40 CFR 268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
"Department" means the department of ecology.
"Dermal LD50" means the single dosage in milligrams per kilogram (mg/kg) body weight which, when dermally (skin) applied for 24 hours, within 14 days kills half of a group of ten rabbits each weighing between 2.0 and 3.0 kilograms.
"Designated facility" means ((the facility designated by the
generator on the manifest to receive a dangerous waste shipment and which
is authorized pursuant to this chapter or RCRA to recycle or manage
dangerous waste)) a dangerous waste treatment, storage, or disposal
facility that has received a permit (or interim status) in accordance
with the requirements of this chapter, has received a permit (or interim
status) from another state authorized in accordance with 40 CFR Part 271,
has received a permit (or interim status from EPA in accordance with 40
CFR Part 270, or is regulated under WAC 173-303-120 (4)(c) or 173-303-525
when the dangerous waste is to be recycled, and that has been designated
on the manifest pursuant to WAC 173-303-180(1). If a waste is destined
to a facility in an authorized state that has not yet obtained
authorization to regulate that particular waste as dangerous, then the
designated facility must be a facility allowed by the receiving state to
accept such waste. The following are designated facilities only for
receipt of state-only waste; they cannot receive federal hazardous waste
from off-site: Facilities with permit-by-rule under WAC 173-303-802
(5)(a) and facilities operating under WAC 173-303-500 (2)(c).
"Designation" is the process of determining whether a waste is regulated under the dangerous waste lists, WAC 173-303-080 through 173-303-082; or characteristics, WAC 173-303-090; or criteria, WAC 173-303-100. The procedures for designating wastes are in WAC 173-303-070. A waste that has been designated as a dangerous waste may be either DW or EHW.
"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in WAC 173-303-573 (9)(a) and (b) and 173-303-573 (20)(a) and (b). A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
"Dike" means an embankment or ridge of natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other substances.
"Director" means the director of the department of ecology or his designee.
"Discharge" or "dangerous waste discharge" means the accidental or intentional release of hazardous substances, dangerous waste or dangerous waste constituents such that the substance, waste or a waste constituent may enter or be emitted into the environment.
"Disposal" means the discharging, discarding, or abandoning of dangerous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned. This includes the discharge of any dangerous wastes into or on any land, air, or water.
"Domestic sewage" means untreated sanitary wastes that pass through a sewer system to a publicly owned treatment works (POTW) for treatment.
"Draft permit" means a document prepared under WAC 173-303-840 indicating the department's tentative decision to issue or deny, modify, revoke and reissue, or terminate a permit. A notice of intent to terminate or deny a permit are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination as discussed in WAC 173-303-830 is not a draft permit.
"Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
"Elementary neutralization unit" means a device which:
Is used for neutralizing wastes which are dangerous wastes only because they exhibit the corrosivity characteristics defined in WAC 173-303-090 or are listed in WAC 173-303-081, or in 173-303-082 only for this reason; and
Meets the definition of tank, tank system, container, transport vehicle, or vessel.
"Environment" means any air, land, water, or ground water.
"EPA/state identification number" or "EPA/state ID#" means the number assigned by EPA or by the department of ecology to each generator, transporter, and TSD facility.
"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of dangerous waste and that is in operation, or for which installation has commenced on or prior to February 3, 1989. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either:
A continuous on-site physical construction or installation program has begun; or
The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
"Existing TSD facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980, for wastes designated by 40 CFR Part 261, or August 9, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261. A facility has commenced construction if the owner or operator has obtained permits and approvals necessary under federal, state, and local statutes, regulations, and ordinances and either:
A continuous on-site, physical construction program has begun; or
The owner or operator has entered into contractual obligation, which cannot be cancelled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
"Extremely hazardous waste" means those dangerous and mixed wastes designated in WAC 173-303-100 as extremely hazardous. The abbreviation "EHW" will be used in this chapter to refer to those dangerous and mixed wastes which are extremely hazardous. (See also "dangerous waste" and "hazardous waste" definitions.)
"Facility" means all contiguous land, and structures, other appurtenances, and improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating, or disposing of dangerous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combination of them). Unless otherwise specified in this chapter, the terms "facility," "treatment, storage, disposal facility," "TSD facility," "dangerous waste facility" or "waste management facility" are used interchangeably. For the purposes of implementing corrective action imposed pursuant to WAC 173-303-646 (2) or (3), the term facility has the following meaning: All contiguous property under the control of an owner or operator seeking or required to have a permit under the provisions of chapter 70.105 RCW or chapter 173-303 WAC, including the definition of facility at RCW 70.105D.020(3).
"Final closure" means the closure of all dangerous waste management units at the facility in accordance with all applicable closure requirements so that dangerous waste management activities under WAC 173-303-400 and 173-303-600 through 173-303-670 are no longer conducted at the facility. Areas only subject to generator standards WAC 173-303-170 through 173-303-230 need not be included in final closure.
"Fish LC50" means the concentration that will kill fifty percent of
the exposed fish in a specified time period. For book designation, LC50
data must be derived from an exposure period greater than or equal to
twenty-four hours. A hierarchy of species LC50 data should be used that
includes (in decreasing order of preference) salmonids, fathead minnows
(Pimephales promelas), and other fish species. For the ninety-six-hour
static acute fish toxicity test, described in WAC 173-303-110 (3)(b)(i),
coho salmon (Oncorhynchus kisutch), rainbow trout (Oncorhynchus mykiss),
((and)) or brook trout (Salvelinus fontinalis) must be used.
"Food chain crops" means tobacco, crops grown for human consumption, and crops grown to feed animals whose products are consumed by humans.
"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
"Fugitive emissions" means the emission of contaminants from sources other than the control system exit point. Material handling, storage piles, doors, windows and vents are typical sources of fugitive emissions.
"Generator" means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation.
"Genetic properties" means those properties which cause or significantly contribute to mutagenic, teratogenic, or carcinogenic effects in man or wildlife.
"Ground water" means water which fills voids below the land surface and in the earth's crust.
"Halogenated ((hydrocarbons" (HH))) organic compounds" (HOC) means
any organic compounds which, as part of their composition, include one
or more atoms of fluorine, chlorine, bromine, or iodine((, or astatine.
The requirements of this chapter apply to only those halogenated
hydrocarbons which can be obtained using the testing method described in
WAC 173-303-110, testing methods, and which are persistent dangerous
wastes.)) which is/are bonded directly to a carbon atom. This definition
does not apply to the federal land disposal restrictions of 40 CFR Part
268 which are incorporated by reference at WAC 173-303-140 (2)(a).
"Hazardous debris" means debris that contains a hazardous waste listed in WAC 173-303-9903 or 173-303-9904, or that exhibits a characteristic of hazardous waste identified in WAC 173-303-090.
"Hazardous substances" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.
"Hazardous wastes" means those solid wastes designated by 40 CFR Part 261, and regulated as hazardous and/or mixed waste by the United States EPA. This term will never be abbreviated in this chapter to avoid confusion with the abbreviations "DW" and "EHW." (See also "dangerous waste" and "extremely hazardous waste" definitions.)
"Ignitable waste" means a dangerous waste that exhibits the characteristic of ignitability described in WAC 173-303-090(5).
"Inactive portion" means that portion of a facility which has not recycled, treated, stored, or disposed dangerous waste after:
The effective date of the waste's designation, for wastes designated under 40 CFR Part 261; and
March 10, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261.
"Incinerator" means any enclosed device that:
Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
Meets the definition of infrared incinerator or plasma arc incinerator.
"Incompatible waste" means a dangerous waste which is unsuitable for placement in a particular device or facility because it may corrode or decay the containment materials, or is unsuitable for mixing with another waste or material because the mixture might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, fumes, mists, or gases, or flammable fumes or gases.
"Independent qualified registered professional engineer" means a person who is licensed by the state of Washington, or a state which has reciprocity with the state of Washington as defined in RCW 18.43.100, and who is not an employee of the owner or operator of the facility for which construction or modification certification is required. A qualified professional engineer is an engineer with expertise in the specific area for which a certification is given.
"Industrial-furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy: Cement kilns; lime kilns; aggregate kilns; phosphate kilns; blast furnaces; smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces); titanium dioxide chloride process oxidation reactors; coke ovens; methane reforming furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; pulping liquor recovery furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and halogen acid furnaces (HAFs) for the production of acid from halogenated dangerous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for dangerous waste burned as fuel, dangerous waste fed to the furnace has a minimum halogen content of 20% as-generated. The department may decide to add devices to this list on the basis of one or more of the following factors:
The device is designed and used primarily to accomplish recovery of material products;
The device burns or reduces secondary materials as ingredients in an industrial process to make a material product;
The device burns or reduces secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks;
The device burns or reduces raw materials to make a material product;
The device is in common industrial use to produce a material product; and
Other factors, as appropriate.
"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
"Inground tank" means a device meeting the definition of "tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.
"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the waste or reagents used to treat the waste.
"Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.
"Interim status permit" means a temporary permit given to TSD facilities which qualify under WAC 173-303-805.
"Land disposal" means placement on the land, except in a corrective action management unit, and includes, but is not limited to, placement in a: Landfill; surface impoundment; waste pile; injection well; land treatment facility; salt dome or salt bed formation; underground mine or cave; concrete vault; bunker; or miscellaneous unit.
"Landfill" means a disposal facility, or part of a facility, where dangerous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, or an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
"Land treatment" means the practice of applying dangerous waste onto or incorporating dangerous waste into the soil surface so that it will degrade or decompose. If the waste will remain after the facility is closed, this practice is disposal.
"Large quantity handler of universal waste" means a universal waste handler (as defined in this section) who accumulates 11,000 pounds or more total of universal waste (batteries or thermostats, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 11,000 pounds or more total of universal waste is accumulated.
"Leachable inorganic waste" means solid dangerous waste (i.e., passes paint filter test) that is not an organic/carbonaceous waste and exhibits the toxicity characteristic (dangerous waste numbers D004 to D011, only) under WAC 173-303-090(8).
"Leachate" means any liquid, including any components suspended in the liquid, that has percolated through or drained from dangerous waste.
"Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of dangerous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of dangerous waste into the secondary containment structure.
"Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
"Liner" means a continuous layer of man-made or natural materials which restrict the escape of dangerous waste, dangerous waste constituents, or leachate through the sides, bottom, or berms of a surface impoundment, waste pile, or landfill.
"Major facility" means a facility or activity classified by the department as major.
"Manifest" means the shipping document, prepared in accordance with the requirements of WAC 173-303-180, which is used to identify the quantity, composition, origin, routing, and destination of a dangerous waste while it is being transported to a point of transfer, disposal, treatment, or storage.
"Manufacturing process unit" means a unit which is an integral and inseparable portion of a manufacturing operation, processing a raw material into a manufacturing intermediate or finished product, reclaiming spent materials or reconditioning components.
"Miscellaneous unit" means a dangerous waste management unit where dangerous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, containment building, corrective action management unit, temporary unit, underground injection well with appropriate technical standards under 40 CFR Part 146, or unit eligible for a research, development, and demonstration permit under WAC 173-303-809.
"Mixed waste" means a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and, as defined by 10 CFR 20.1003, source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of dangerous waste and for which installation has commenced after February 3, 1989; except, however, for purposes of WAC 173-303-640 (4)(g)(ii) and 40 CFR 265.193(g)(2) as adopted by reference in WAC 173-303-400(3), a new tank system is one for which construction commences after February 3, 1989. (See also "existing tank system.")
"New TSD facility" means a facility which began operation or for which construction commenced after November 19, 1980, for wastes designated by 40 CFR Part 261, or August 9, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261.
"NIOSH registry" means the registry of toxic effects of chemical substances which is published by the National Institute for Occupational Safety and Health.
"Nonsudden accident" or "nonsudden accidental occurrence" means an unforeseen and unexpected occurrence which takes place over time and involves continuous or repeated exposure.
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage which the owner or operator neither expected nor intended to occur.
"Off-specification used oil fuel" means used oil fuel that exceeds any specification level described in Table 1 in WAC 173-303-515.
"Onground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
"On-site" means the same((, geographically contiguous, or bordering
property. Travel between two properties divided by a public right of way
and owned, operated, or controlled by the same person, will be considered
on-site travel if: The travel crosses the right of way at a
perpendicular intersection; or, the right of way is controlled by the
property owner and is inaccessible to the public)) or geographically
contiguous property which may be divided by public or private right of
way, provided that the entrance and exit between the properties is at a
cross-roads intersection, and access is by crossing as opposed to going
along the right of way. Noncontiguous properties owned by the same
person but connected by a right of way which they control and to which
the public does not have access, are also considered on-site property.
"Operator" means the person responsible for the overall operation of a facility. (See also "state operator.")
"Oral LD50" means the single dosage in milligrams per kilogram (mg/kg) body weight, when orally administered, which, within 14 days, kills half a group of ten or more white rats each weighing between 200 and 300 grams.
"Organic/carbonaceous waste" means a dangerous waste that contains combined concentrations of greater than ten percent organic/carbonaceous constituents in the waste; organic/carbonaceous constituents are those substances that contain carbon-hydrogen, carbon-halogen, or carbon-carbon chemical bonding.
"Partial closure" means the closure of a dangerous waste management unit in accordance with the applicable closure requirements of WAC 173-303-400 and 173-303-600 through 173-303-670 at a facility that contains other active dangerous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other dangerous waste management unit, while other units of the same facility continue to operate.
"Permit" means an authorization which allows a person to perform dangerous waste transfer, storage, treatment, or disposal operations, and which typically will include specific conditions for such facility operations. Permits must be issued by one of the following:
The department, pursuant to this chapter;
United States EPA, pursuant to 40 CFR Part 270; or
Another state authorized by EPA, pursuant to 40 CFR Part 271.
"Permit-by-rule" means a provision of this chapter stating that a facility or activity is deemed to have a dangerous waste permit if it meets the requirements of the provision.
"Persistence" means the quality of a material ((which)) that retains
more than half of its initial activity after one year (365 days) in
either a dark anaerobic or dark aerobic environment at ambient
conditions. Persistent compounds are either halogenated organic
compounds (HOC) or polycyclic aromatic hydrocarbons (PAH) as defined in
this section.
"Person" means any person, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.
"Pesticide" means but is not limited to: Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life, or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the department of agriculture may declare to be a pest; any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; any substance or mixture of substances intended to be used as spray adjuvant; and, any other substance intended for such use as may be named by the department of agriculture by regulation. Herbicides, fungicides, insecticides, and rodenticides are pesticides for the purposes of this chapter.
"Pile" means any noncontainerized accumulation of solid, nonflowing dangerous waste that is used for treatment or storage.
"Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
"Point source" means any confined and discrete conveyance from which pollutants are or may be discharged. This term includes, but is not limited to, pipes, ditches, channels, tunnels, wells, cracks, containers, rolling stock, concentrated animal feeding operations, or watercraft, but does not include return flows from irrigated agriculture.
"Polycyclic aromatic hydrocarbons" (PAH) means those hydrocarbon
molecules composed of two or more fused benzene rings. For purposes of
this chapter, the PAHs of concern for designation are: ((Acenapthene))
Acenaphthene, ((acenapthylene)) acenaphthylene, fluorene, anthracene,
fluoranthene, phenanthrene, benzo(a)anthracene, benzo(b)fluoranthene,
benzo(k)fluoranthene, pyrene, chrysene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-c,d)pyrene, benzo(g,h,i)perylene,
dibenzo [(a,e), (a,h), (a,i), and (a,1)] pyrenes, and dibenzo(a,j)
acridine.
"Post-closure" means the requirements placed upon disposal facilities (e.g., landfills, impoundments closed as disposal facilities, etc.) after closure to ensure their environmental safety for a number of years after closure. (See also "closure.")
"Publicly owned treatment works" or "POTW" means any device or system, owned by the state or a municipality, which is used in the treatment, recycling, or reclamation of municipal sewage or liquid industrial wastes. This term includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW.
"Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground water hydrology and related fields to make sound professional judgments regarding ground water monitoring and contaminant fate and transport. Sufficient training and experience may be demonstrated by state registration, professional certifications, or completion of accredited university courses.
"Reactive waste" means a dangerous waste that exhibits the characteristic of reactivity described in WAC 173-303-090(7).
"Reclaim" means to process a material in order to recover useable products, or to regenerate the material. Reclamation is the process of reclaiming.
"Recover" means extract a useable material from a solid or dangerous waste through a physical, chemical, biological, or thermal process. Recovery is the process of recovering.
"Recycle" means to use, reuse, or reclaim a material.
"Regulated unit" means any new or existing surface impoundment, landfill, land treatment area or waste pile that receives any dangerous waste after:
July 26, 1982, for wastes regulated by 40 CFR Part 261;
October 31, 1984 for wastes designated only by this chapter and not regulated by 40 CFR Part 261; or
The date six months after a waste is newly identified by amendments to 40 CFR Part 261 or this chapter which cause the waste to be regulated.
"Release" means any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing of dangerous wastes, or dangerous constituents as defined at WAC 173-303-646 (1)(c), into the environment and includes the abandonment or discarding of barrels, containers, and other receptacles containing dangerous wastes or dangerous constituents and includes the definition of release at RCW 70.105D.020(10).
"Remediation waste" means all solid or dangerous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, which contain listed dangerous wastes, or which themselves exhibit a dangerous waste characteristic or criteria, that are managed for the purpose of implementing corrective action requirements imposed pursuant to WAC 173-303-646 (2) or (3). For a given facility, remediation wastes may originate only from within the facility boundary, except that remediation waste may include wastes managed in implementing corrective action in accordance with WAC 173-303-646 (2)(b) for releases extending beyond the facility boundary.
"Replacement unit" means a landfill, surface impoundment, or waste pile unit from which all or substantially all of the waste is removed, and that is subsequently reused to treat, store, or dispose of dangerous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or state approved corrective action.
"Representative sample" means a sample which can be expected to exhibit the average properties of the sample source.
"Reuse or use" means to employ a material either:
As an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
In a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
"Run-off" means any rainwater, leachate, or other liquid which drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid which drains over land onto any part of a facility.
"Satellite accumulation area" means a location at or near any point of generation where hazardous waste is initially accumulated in containers (during routine operations) prior to consolidation at a designated ninety-day accumulation area or storage area. The area must be under the control of the operator of the process generating the waste or secured at all times to prevent improper additions of wastes into the satellite containers.
"Schedule of compliance" means a schedule of remedial measures in a permit including an enforceable sequence of interim requirements leading to compliance with this chapter.
"Scrap metal" means bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
"Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility. This term does not include the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
"Small quantity handler of universal waste" means a universal waste handler (as defined in this section) who does not accumulate more than 11,000 pounds total of universal waste (batteries or thermostats, calculated collectively) at any time.
"Solid acid waste" means a dangerous waste that exhibits the
characteristic of low pH under the corrosivity tests of ((either)) WAC
173-303-090 (6)(a)(((ii) or (b))) (iii).
"Solid waste management unit" or "SWMU" means any discernible location at a facility, as defined for the purposes of corrective action, where solid wastes have been placed at any time, irrespective of whether the location was intended for the management of solid or dangerous waste. Such locations include any area at a facility at which solid wastes, including spills, have been routinely and systematically released. Such units include regulated units as defined by chapter 173-303 WAC.
"Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. Sorb means to either adsorb or absorb, or both.
"Special incinerator ash" means ash residues resulting from the operation of incineration or energy recovery facilities managing municipal solid waste from residential, commercial and industrial establishments, if the ash residues are designated as dangerous waste only by this chapter and not designated as hazardous waste by 40 CFR Part 261.
"Special waste" means any state-only dangerous waste that is solid only (nonliquid, nonaqueous, nongaseous), that is: Corrosive waste (WAC 173-303-090 (6)(b)(ii)), toxic waste that has Category D toxicity (WAC 173-303-100(5)), PCB waste (WAC 173-303-9904 under State Sources), or persistent waste that is not EHW (WAC 173-303-100(6)). Any solid waste that is regulated by the United States EPA as hazardous waste cannot be a special waste.
"Spent material" means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
"Stabilization" and "solidification" means a technique that limits the solubility and mobility of dangerous waste constituents. Solidification immobilizes a waste through physical means and stabilization immobilizes the waste by bonding or chemically reacting with the stabilizing material.
"State-only dangerous waste" means a waste designated only by this chapter, chapter 173-303 WAC, and is not regulated as a hazardous waste under 40 CFR Part 261.
"State operator" means the person responsible for the overall operation of the state's extremely hazardous waste facility on the Hanford Reservation.
"Storage" means the holding of dangerous waste for a temporary period. "Accumulation" of dangerous waste, by the generator on the site of generation, is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201.
"Sudden accident" means an unforeseen and unexpected occurrence which is not continuous or repeated in nature.
"Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serves to collect dangerous waste for transport to dangerous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
"Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), and which is designed to hold an accumulation of liquid dangerous wastes or dangerous wastes containing free liquids. The term includes holding, storage, settling, and aeration pits, ponds, or lagoons, but does not include injection wells.
"Tank" means a stationary device designed to contain an accumulation of dangerous waste, and which is constructed primarily of nonearthen materials to provide structural support.
"Tank system" means a dangerous waste storage or treatment tank and its associated ancillary equipment and containment system.
"Temporary unit" or "TU" means a tank or container unit used temporarily for the treatment or storage of remediation waste, that is designated by the director pursuant to WAC 173-303-646(7) for the purpose of implementing the corrective action requirements of WAC 173-303-646 (2) or (3).
"Thermal treatment" means the treatment of dangerous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the dangerous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.
"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of WAC 173-303-573 (9)(b)(ii) or (20)(b)(ii).
"TLm96" means the same as "Aquatic LC50."
"Totally enclosed treatment facility" means a facility for treating dangerous waste which is directly connected to a production process and which prevents the release of dangerous waste or dangerous waste constituents into the environment during treatment.
"Toxic" means having the properties to cause or to significantly contribute to death, injury, or illness of man or wildlife.
"Transfer facility" means any transportation related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held for ten days or less during the normal course of transportation.
"Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
"Transportation" means the movement of dangerous waste by air, rail, highway, or water.
"Transporter" means a person engaged in the off-site transportation of dangerous waste.
"Travel time" means the period of time necessary for a dangerous waste constituent released to the soil (either by accident or intent) to enter any on-site or off-site aquifer or water supply system.
"Treatability study" means a study in which a dangerous waste is subjected to a treatment process to determine: Whether the waste is amenable to the treatment process; what pretreatment (if any) is required; the optimal process conditions needed to achieve the desired treatment; the efficiency of a treatment process for a specific waste or wastes; or the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the exemptions contained in WAC 173-303-071 (3)(r) and (s), are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A "treatability study" is not a means to commercially treat or dispose of dangerous waste.
"Treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume, with the exception of compacting, repackaging, and sorting as allowed under WAC 173-303-400(2) and 173-303-600(3).
"Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which dangerous wastes are degraded, transformed or immobilized.
"Triple rinsing" means the cleaning of containers in accordance with the requirements of WAC 173-303-160 (2)(b), containers.
"Underground injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well, or through a dug well, where the depth of the dug well is greater than the largest surface dimension.
"Underground tank" means a device meeting the definition of "tank" in this section whose entire surface area is totally below the surface of and covered by the ground.
"Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating dangerous waste without posing a threat of release of dangerous waste to the environment.
"Universal waste" means any of the following dangerous wastes that are subject to the universal waste requirements of WAC 173-303-573:
Batteries as described in WAC 173-303-573(2); and
Thermostats as described in WAC 173-303-573(3).
"Universal waste handler":
Means:
A generator (as defined in this section) of universal waste; or
The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
Does not mean:
A person who treats (except under the provisions of WAC 173-303-573 (9)(a) or (b) or (20)(a) or (b)) disposes of, or recycles universal waste; or
A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
"Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
"Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
"Unsaturated zone" means the zone between the land surface and the water table.
"Uppermost aquifer" means the geological formation nearest the natural ground surface that is capable of yielding ground water to wells or springs. It includes lower aquifers that are hydraulically interconnected with this aquifer within the facility property boundary.
"Used oil" means any oil that has been refined from crude oil, or
any synthetic oil, that has been used((,)) and((,)) as a result of such
use((,)) is contaminated by physical or chemical impurities.
"Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.
"Wastewater treatment unit" means a device that:
Is part of a wastewater treatment facility which is subject to regulation under either:
Section 402 or section 307(b) of the Federal Clean Water Act; or
Chapter 90.48 RCW, State Water Pollution Control Act, provided that the waste treated at the facility is a state-only dangerous waste; and
Handles dangerous waste in the following manner:
Receives and treats or stores an influent wastewater; or
Generates and accumulates or treats or stores a wastewater treatment sludge; and
Meets the definition of tank or tank system in this section.
"Water or rail (bulk shipment)" means the bulk transportation of dangerous waste which is loaded or carried on board a vessel or railcar without containers or labels.
"Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a dangerous waste release, can be readily cleaned up prior to the release of dangerous waste or dangerous constituents to ground water or surface water.
Any terms used in this chapter which have not been defined in this section have either the same meaning as set forth in Title 40 CFR Parts 260, 264, 270, and 124 or else have their standard, technical meaning.
As used in this chapter, words in the masculine gender also include
the feminine and neuter genders, words in the singular include the
plural, and words in the plural include the singular.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-040, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-040, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-040, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-040, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-040, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-040, filed 6/3/86; 84-09-088 (Order DE 83-36), 173-303-040, filed
4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW.
82-05-023 (Order DE 81-33), 173-303-040, filed 2/10/82. Formerly WAC
173-302-040.]
Reviser's note: The brackets and enclosed material in the text of
the above section occurred in the copy filed by the agency and appear in
the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-045 References to EPA's hazardous waste and permit
regulations. (1) Any references in this chapter to any parts, subparts,
or sections from EPA's hazardous waste regulations, including 40 CFR
Parts 260 through 280 and Part 124, are in reference to those rules as
they existed on July 1, ((1995)) 1996, except for the following:
(a) Update III to SW 846 is incorporated in accordance with the June 13, 1997, Federal Register Volume 62, Number 114; and
(b) The Land Disposal Restriction requirements for carbamate wastes are those that appeared at 40 CFR 268.39 and 268.40 in the June 17, 1997, Federal Register Volume 62, Number 116. Copies of the appropriate referenced federal requirements are available upon request from the department.
(2) The following sections and any cross-reference to these sections are not incorporated or adopted by reference:
(a) 40 CFR Parts 260.1 (b)(4)-(6) and 260.20-22.
(b) 40 CFR Parts 264.1 (d) and (f); 265.1 (c)(4); 264.149-150 and 265.149-150; 264.301(k); and 265.430.
(c) 40 CFR Parts 268.5 and 268.6; 268 Subpart B; and 268.42(b).
(d) 40 CFR Parts 270.1 (c)(1)(i); 270.60(b); and 270.64.
(e) 40 CFR Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10
(a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2); 124.16; 124.17(b);
124.18; 124.19; and 124.21.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-045, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-045, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-045, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-045, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-045, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-045, filed 6/3/86; 84-09-088 (Order DE 83-36), 173-303-045, filed
4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW.
82-05-023 (Order DE 81-33), 173-303-045, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-070 Designation of dangerous waste. (1) Purpose and applicability.
(a) This section describes the procedures for determining whether or not a solid waste is DW or EHW.
(b) The procedures in this section are applicable to any person who generates a solid waste (including recyclable materials) that is not exempted or excluded by this chapter or by the department. Any person who must determine whether or not their solid waste is designated must follow the procedures set forth in subsection (3) of this section. Any person who determines by these procedures that their waste is designated DW or EHW is subject to all applicable requirements of this chapter.
(c) The requirements for the small quantity generator exemption are found in subsection (8) of this section.
(2)(a) Once a material has been determined to be a dangerous waste, then any solid waste generated from the recycling, treatment, storage, or disposal of that dangerous waste is a dangerous waste unless and until:
(i) The generator has been able to accurately describe the variability or uniformity of the waste over time, and has been able to obtain demonstration samples which are representative of the waste's variability or uniformity; and
(ii)(A) It does not exhibit any of the characteristics of WAC 173-303-090; however, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of WAC 173-303-140 (2)(a), even if they no longer exhibit a characteristic at the point of land disposal; and
(B) If it was a listed waste under WAC 173-303-080 through 173-303-083, it also has been exempted pursuant to WAC 173-303-910(3); or
(iii) If originally designated only through WAC 173-303-100, it does not meet any of the criteria of WAC 173-303-100.
Such solid waste will include but not be limited to any sludge, spill residue, ash emission control dust, leachate, or precipitation run-off. Precipitation run-off will not be considered a dangerous waste if it can be shown that the run-off has not been contaminated with the dangerous waste, or that the run-off is adequately addressed under existing state laws (e.g. chapter 90.48 RCW), or that the run-off does not exhibit any of the criteria or characteristics described in WAC 173-303-100.
(b) Materials that are reclaimed from solid wastes and that are used beneficially (as provided in WAC 173-303-016 and 173-303-017) are not solid wastes and hence are not dangerous wastes under this section unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.
(c) Notwithstanding subsections (1) and (2) of this section and provided the debris does not exhibit a characteristic identified in WAC 173-303-090, the following materials are not subject to regulation under this chapter:
(i) Hazardous debris that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 CFR section 268.45; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or
(ii) Debris that the department, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
(3) Designation procedures.
(a) To determine whether or not a solid waste is designated as a dangerous waste a person must:
(i) First, determine if the waste is a listed discarded chemical product, WAC 173-303-081;
(ii) Second, determine if the waste is a listed dangerous waste source, WAC 173-303-082;
(iii) Third, if the waste is not listed in WAC 173-303-081 or 173-303-082, or for the purposes of compliance with the federal land disposal restrictions as adopted by reference in WAC 173-303-140, determine if the waste exhibits any dangerous waste characteristics, WAC 173-303-090; and
(iv) Fourth, if the waste is not listed in WAC 173-303-081 or 173-303-082, and does not exhibit a characteristic in WAC 173-303-090, determine if the waste meets any dangerous waste criteria, WAC 173-303-100.
(b) A person must check each section, in the order set forth, until they determine whether the waste is designated as a dangerous waste. Once the waste is determined to be a dangerous waste, further designation is not required except as required by subsection (4) or (5) of this section. If a person has checked the waste against each section and the waste is not designated, then the waste is not subject to the requirements of chapter 173-303 WAC.
Any person who wishes to seek an exemption for a waste which has been designated DW or EHW must comply with the requirements of WAC 173-303-072.
(c) For the purpose of determining if a solid waste is a dangerous waste as identified in WAC 173-303-080 through 173-303-100, a person must either:
(i) Test the waste according to the methods, or an approved equivalent method, set forth in WAC 173-303-110; or
(ii) Apply knowledge of the waste in light of the materials or the process used, when:
(A) Such knowledge can be demonstrated to be sufficient for determining whether or not it designated and/or designated properly; and
(B) All data and records supporting this determination in accordance with WAC 173-303-210(3) are retained on-site.
(4) Testing required. Notwithstanding any other provisions of this chapter, the department may require any person to test a waste according to the methods, or an approved equivalent method, set forth in WAC 173-303-110 to determine whether or not the waste is designated under the dangerous waste lists, characteristics, or criteria, WAC 173-303-080 through 173-303-100. Such testing may be required if the department has reason to believe that the waste would be designated DW or EHW by the dangerous waste lists, characteristics, or criteria, or if the department has reason to believe that the waste is designated improperly (e.g., the waste has been designated DW but should actually be designated EHW). If a person, pursuant to the requirements of this subsection, determines that the waste is a dangerous waste or that its designation must be changed, then they are subject to the applicable requirements of this chapter 173-303 WAC. The department will base a requirement to test a waste on evidence that includes, but is not limited to:
(a) Test information indicating that the person's waste may be DW or EHW;
(b) Evidence that the person's waste is very similar to another persons' already designated DW or EHW;
(c) Evidence that the persons' waste has historically been a DW or EHW;
(d) Evidence or information about a person's manufacturing materials or processes which indicate that the wastes may be DW or EHW; or
(e) Evidence that the knowledge or test results a person has regarding a waste is not sufficient for determining whether or not it designated and/or designated properly.
(5) Additional designation required. A generator must manage
dangerous waste under the most stringent management standards that apply.
Subsections (5)(a) ((and)) through (c) of this section describe how waste
that has been designated as DW under the dangerous waste lists, WAC 173-303-080 through 173-303-082, or characteristics, WAC 173-303-090, must
also be designated under the dangerous waste criteria, WAC 173-303-100,
because designation under the criteria may change how the waste must be
managed. Additional designation is required when:
(a) The waste is designated as DW with a QEL of 220 pounds and the generator otherwise qualifies as a small quantity generator. In this case, a generator must determine if their DW is also designated as a toxic EHW, WAC 173-303-100, with a QEL of 2.2 pounds; or
(b) The waste is designated as DW and the waste is to be discharged to a POTW operating under WAC 173-303-802(4) (Permits by rule). In this case, a generator must determine if the waste is also an EHW under WAC 173-303-100; or
(c) The waste is designated as a state-only DW and the waste is to be:
(i) Burned for energy recovery, as used oil, under the provisions of WAC 173-303-515; or
(ii) Land disposed within the state. In this case, a generator must determine if the waste is also an EHW under WAC 173-303-100.
(6) Dangerous waste numbers. When a person is reporting or keeping
records on a dangerous waste, they must use all the dangerous waste
numbers which they know are assignable to the waste from the dangerous
waste lists, characteristics, or criteria. For example, if the waste is
ignitable and contains ((extremely hazardous concentrations of
halogenated hydrocarbons)) more than 5 mg/l leachable lead when tested
for the toxicity characteristic, they must use the dangerous waste
numbers of D001 and ((WP01)) D008. This will not be construed as
requiring a person to designate their waste beyond those designation
requirements set forth in subsections (2), (3), (4), and (5) of this
section.
(7) Quantity exclusion limits; aggregated waste quantities.
(a) Quantity exclusion limits. In each of the designation sections describing the lists, characteristics, and criteria, quantity exclusion limits (QEL) are identified. The QEL are used to distinguish when a dangerous waste is only subject to the small quantity generator provisions, and when a dangerous waste is subject to the full requirements of this chapter. Any solid waste which is not excluded or exempted and which is listed by or exhibits the characteristics or meets the criteria of this chapter is a dangerous waste. Small quantity generators who produce dangerous waste below the QEL are subject to the requirements described in subsection (8) of this section.
(b) Aggregated waste quantities. A person may be generating, accumulating, or storing more than one kind of dangerous waste. In such cases, they must consider the aggregate quantity of their wastes when determining whether or not their waste amounts exceed the specific limits for waste accumulation or the specific quantity exclusion limits (QEL) for waste generation. Waste quantities must be aggregated for all wastes with common QEL's. Example: If a person generates 100 pounds of an ignitable waste and 130 pounds of a persistent waste, then both wastes are regulated because their aggregate waste quantity (230 pounds) exceeds their common QEL of 220 pounds. On the other hand, if a person generates one pound of a toxic EHW and 218 pounds of a corrosive waste, their quantities would not be aggregated because they do not share a common QEL (2.2 pounds and 220 pounds, respective QEL's). (Note: In order to remain a small quantity generator, the total quantity of dangerous waste generated in one month, all DW and EHW regardless of their QELs, must not equal or exceed 220 pounds. Not more than 2.2 pounds of a waste with a 2.2 pound QEL may be part of that total.)
(c) ((For the purposes of this subsection, when aggregating waste
quantities, generators must include in their calculation, dangerous
wastes produced by on-site treatment or recycling of dangerous wastes and
dangerous wastes being accumulated or stored except for the following
categories of waste that are excluded from the quantity determinations.
(i) Dangerous waste that is recycled and that is excluded from
regulation under WAC 173-303-120 (2)(a), (3)(c), (e), or (f) is not
included in the quantity determinations of this section and is not
subject to any requirements of this subsection.
(ii) Spent materials that are generated, reclaimed, and subsequently
reused on-site, so long as such spent materials have been counted once.
(iii) Dangerous waste that is removed from on-site storage.)) When
making the quantity determinations of this subsection and WAC 173-303-170
through 173-303-230, generators must include all dangerous wastes they
generate, except dangerous waste that:
(i) Is exempt from regulation under WAC 173-303-071; or
(ii) Is recycled under WAC 173-303-120 (2)(a), (3)(c), (e), or (h); or
(iii) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in WAC 173-303-040; or
(iv) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under WAC 173-303-120 (4)(a); or
(v) Is spent lead-acid batteries managed under the requirements of WAC 173-303-120 (3)(f) and 173-303-520; or
(vi) Is universal waste managed under WAC 173-303-077 and 173-303-573.
(d) In determining the quantity of dangerous waste generated, a generator need not include:
(i) Dangerous waste when it is removed from on-site storage; or
(ii) Reserve; or
(iii) Spent materials that are generated, reclaimed, and subsequently reused on-site, as long as such spent materials have been counted once (Note: If after treatment or reclamation a residue is generated with a different waste code(s), that residue must be counted); or
(iv) The container holding/containing the dangerous waste as described under WAC 173-303-160(1).
(8) Small quantity generators.
(a) A person is a small quantity generator and subject to the requirements of this subsection if:
(i) Their waste is dangerous waste under subsection (3) of this section, and the quantity of waste generated per month (or the aggregated quantity if more than one kind of waste is generated) does not equal or exceed the quantity exclusion limit (QEL) for such waste (or wastes) as described in WAC 173-303-070(7); and
(ii) The quantity accumulated or stored does not exceed 2200 pounds for wastes with a 220 pound QEL and 2.2 pounds for waste with a 2.2 pound QEL. (Exception: The accumulation limit for the acute hazardous wastes described in WAC 173-303-081 (2)(iv) and 173-303-082 (2)(b) is 220 lbs); and
(iii) The total quantity of dangerous waste generated in one month, all DW and EHW regardless of their QELs, does not equal or exceed 220 pounds. If a person generates any dangerous wastes that exceed the QEL or accumulates or stores waste that exceeds the accumulation limits, then all dangerous waste generated, accumulated, or stored by that person is subject to the requirements of this chapter. A small quantity generator who generates in excess of the quantity exclusion limits or, accumulates, or stores waste in excess of the accumulation limits becomes subject to the full requirements of this chapter and cannot again be a small quantity generator until after all dangerous waste on-site at the time he or she became fully regulated have been removed, treated, or disposed.
Example. If a person generates four pounds of an acute hazardous waste discarded chemical product (QEL is 2.2 pounds) and 200 pounds of an ignitable waste (QEL is 220 pounds), then both wastes are fully regulated, and the person is not a small quantity generator for either waste.
(Comment: If a generator generates acute hazardous waste in a calendar month in quantities greater than the QELs, all quantities of that acute hazardous waste are subject to full regulation under this chapter. "Full regulation" means the regulations applicable to generators of greater than 2200 pounds of dangerous wastes in a calendar month.)
(b) Small quantity generators will not be subject to the requirements of this chapter if they:
(i) Designate their waste in accordance with WAC 173-303-070; and
(ii) Manage their waste in a way that does not pose a potential threat to human health or the environment; and
(iii) Either treat or dispose of their dangerous waste in an on-site facility, or ensure delivery to an off-site facility, either of which, if located in the U.S., is:
(A) Permitted (including permit-by-rule, interim status, or final status) under WAC 173-303-800 through 173-303-840;
(B) Authorized to manage dangerous waste by another state with a hazardous waste program approved under 40 CFR Part 271, or by EPA under 40 CFR Part 270;
(C) Permitted to manage moderate-risk waste under chapter 173-304 WAC (Minimum functional standards for solid waste handling), operated in accordance with state and local regulations, and consistent with the applicable local hazardous waste plan that has been approved by the department;
(D) A facility that beneficially uses or reuses, or legitimately recycles or reclaims the dangerous waste, or that treats the waste prior to such recycling activities;
(E) Permitted to manage municipal or industrial solid waste in
accordance with state or local regulations, or in accordance with another
state's solid waste laws if the waste is sent out-of-state; ((or))
(F) A publicly owned treatment works (POTW) provided that small quantity generator(s) comply with the provisions of the domestic sewage exclusion found in WAC 173-303-071 (3)(a); or
(G) For universal waste managed under WAC 173-303-573, a universal waste handler or destination facility subject to the requirements of WAC 173-303-573; and
(iv) Submit an annual report in accordance with WAC 173-303-220 if they have obtained an EPA/state identification number pursuant to WAC 173-303-060.
(c) If a small quantity generator's wastes are mixed with used oil,
the mixture is subject to WAC 173-303-510 if it is destined to be burned
for energy recovery. Any material produced from such a mixture by
processing, blending, or other treatment is also regulated if it is
destined to be burned for energy recovery.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-070, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-070, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 93-02-050 (Order 92-32), 173-303-070,
filed 1/5/93, effective 2/5/93. Statutory Authority: Chapters 70.105
and 70.105D RCW, 40 CFR Part 271.3 and RCRA 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-070, filed 3/7/91, effective 4/7/91.
Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24),
173-303-070, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-070,
filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-070, filed 6/3/86;
84-14-031 (Order DE 84-22), 173-303-070, filed 6/27/84. Statutory
Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE
81-33), 173-303-070, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-071 Excluded categories of waste. (1) Purpose. Certain categories of waste have been excluded from the requirements of chapter 173-303 WAC, except for WAC 173-303-050, because they generally are not dangerous waste, are regulated under other state and federal programs, or are recycled in ways which do not threaten public health or the environment. WAC 173-303-071 describes these excluded categories of waste.
(2) Excluding wastes. Any persons who generate a common class of wastes and who seek to categorically exclude such class of wastes from the requirements of this chapter must comply with the applicable requirements of WAC 173-303-072. No waste class will be excluded if any of the wastes in the class are regulated as hazardous waste under 40 CFR Part 261.
(3) Exclusions. The following categories of waste are excluded from the requirements of chapter 173-303 WAC, except for WAC 173-303-050, 173-303-145, and 173-303-960, and as otherwise specified:
(a)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works (POTW) for treatment provided:
(A) The generator or owner/operator has obtained a state waste discharge permit issued by the department, a temporary permit obtained pursuant to RCW 90.48.200, or pretreatment permit (or written discharge authorization) from a local sewage utility delegated pretreatment program responsibilities pursuant to RCW 90.48.165;
(B) The waste discharge is specifically authorized in a state waste discharge permit, pretreatment permit or written discharge authorization, or in the case of a temporary permit the waste is accurately described in the permit application;
(C) The waste discharge is not prohibited under 40 CFR Part 403.5; and
(D) The waste prior to mixing with domestic sewage must not exhibit dangerous waste characteristics for ignitability, corrosivity, reactivity, or toxicity as defined in WAC 173-303-090, and must not meet the dangerous waste criteria for toxic dangerous waste or persistent dangerous waste under WAC 173-303-100, unless the waste is treatable in the publicly owned treatment works (POTW) where it will be received. This exclusion does not apply to the generation, treatment, storage, recycling, or other management of dangerous wastes prior to discharge into the sanitary sewage system;
(b) Industrial wastewater discharges that are point-source discharges subject to regulation under Section 402 of the Clean Water Act. This exclusion does not apply to the collection, storage, or treatment of industrial waste-waters prior to discharge, nor to sludges that are generated during industrial wastewater treatment. Owners or operators of certain wastewater treatment facilities managing dangerous wastes may qualify for a permit-by-rule pursuant to WAC 173-303-802(5);
(c) Household wastes, including household waste that has been
collected, transported, stored, or disposed. Wastes ((which)) that are
residues from or are generated by the management of household wastes
(e.g., leachate, ash from burning of refuse-derived fuel) are not
excluded by this provision. "Household wastes" means any waste material
(including, but not limited to, garbage, trash, and sanitary wastes in
septic tanks) derived from households (including single and multiple
residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas).
A resource recovery facility managing municipal solid waste will not be
deemed to be treating, storing, disposing of, or otherwise managing
dangerous wastes for the purposes of regulation under this chapter, if
such facility:
(i) Receives and burns only:
(A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and
(B) Solid waste from commercial or industrial sources that does not contain dangerous waste; and
(ii) Such facility does not accept dangerous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that dangerous wastes are not received at or burned in such facility;
(d) Agricultural crops and animal manures which are returned to the soil as fertilizers;
(e) Asphaltic materials designated only for the presence of PAHs by
WAC 173-303-100(6). For the purposes of this exclusion, asphaltic
materials means materials ((intended and)) that have been used for
structural and construction purposes (e.g., roads, dikes, paving) ((which
are)) that were produced from mixtures of oil and sand, gravel, ash or
similar substances;
(f) Roofing tars and shingles, except that these wastes are not excluded if mixed with wastes listed in WAC 173-303-081 or 173-303-082, or if they exhibit any of the characteristics specified in WAC 173-303-090;
(g) Treated wood waste and wood products including:
(i) Arsenical-treated wood that fails the test for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste numbers D004 through D017 only), or which fails any state criteria, if the waste is generated by persons who utilize the arsenical-treated wood for the materials' intended end use.
(ii) Wood treated with other preservatives provided such treated wood is, within one hundred eighty days after becoming waste:
(A) Disposed of at a landfill that is permitted in accordance with WAC 173-304-460, minimum functional standards for solid waste handling, or chapter 173-351 WAC, criteria for municipal solid waste landfills, and provided that such wood is neither a listed waste under WAC 173-303-9903 and 173-303-9904 nor a TCLP waste under WAC 173-303-090(8); or
(B) Sent to a facility that will legitimately treat or recycle the treated wood waste, and manage any residue in accordance with that state's dangerous waste regulations; or
(C) Sent off-site to a permitted TSD facility or placed in an on-site facility which is permitted by the department under WAC 173-303-800 through WAC 173-303-845. In addition, creosote-treated wood is excluded when burned for energy recovery in an industrial furnace or boiler that has an order of approval issued pursuant to RCW 70.94.152 by ecology or a local air pollution control authority to burn creosote treated wood.
(h) Irrigation return flows;
(i) Materials subjected to in-situ mining techniques which are not removed from the ground during extraction;
(j) Mining overburden returned to the mining site;
(k) Polychlorinated biphenyl (PCB) wastes:
(i) PCB wastes whose disposal is regulated by EPA under 40 CFR 761.60 (Toxic Substances Control Act) and that are dangerous either because:
(A) They fail the test for toxicity characteristic (WAC 173-303-090(8), Dangerous waste codes D018 through D043 only); or
(B) Because they are designated only by this chapter and not designated by 40 CFR Part 261, are exempt from regulation under this chapter except for WAC 173-303-505 through 173-303-525, 173-303-960, those sections specified in subsection (3) of this section, and 40 CFR Part 266;
(ii) Wastes that would be designated as dangerous waste under this chapter solely because they are listed as W001 under WAC 173-303-9904 when such wastes are stored and disposed in a manner equivalent to the requirements of 40 CFR Part 761 Subpart D for PCB concentrations of 50 ppm or greater.
(l) Samples:
(i) Except as provided in (l)(ii) of this subsection, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this chapter, when:
(A) The sample is being transported to a lab for testing or being transported to the sample collector after testing; or
(B) The sample is being stored by the sample collector before transport, by the laboratory before testing, or by the laboratory after testing prior to return to the sample collector; or
(C) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action).
(ii) In order to qualify for the exemptions in (l)(i) of this subsection, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:
(A) Comply with United States Department of Transportation (DOT), United States Postal Service (USPS), or any other applicable shipping requirements; or
(B) Comply with the following requirements if the sample collector determines that DOT or USPS, or other shipping requirements do not apply:
(I) Assure that the following information accompanies the sample:
(AA) The sample collector's name, mailing address, and telephone number;
(BB) The laboratory's name, mailing address, and telephone number;
(CC) The quantity of the sample;
(DD) The date of shipment;
(EE) A description of the sample; and
(II) Package the sample so that it does not leak, spill, or vaporize from its packaging.
(iii) This exemption does not apply if the laboratory determines that the waste is dangerous but the laboratory is no longer meeting any of the conditions stated in (l)(i) of this subsection;
(m) ((Asbestos wastes or asbestos containing wastes which would be
designated only as respiratory carcinogens by WAC 173-303-100, and any
other inorganic wastes which are designated only under WAC 173-303-100
because they are respiratory carcinogens, if these wastes are managed in
compliance with or in a manner equivalent to the asbestos management
procedures of 40 CFR Part 61)) Reserve;
(n) Dangerous waste generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit until it exits the unit in which it was generated. This exclusion does not apply to surface impoundments, nor does it apply if the dangerous waste remains in the unit more than ninety days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials;
(o) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC codes 331 and 332), except that these wastes are not excluded if they exhibit one or more of the dangerous waste criteria (WAC 173-303-100) or characteristics (WAC 173-303-090);
(p) Wastes from burning any of the materials exempted from
regulation by WAC 173-303-120 (2)(a)(v), (((vi),)) (vii), (viii), or
(ix). These wastes are not excluded if they exhibit one or more of the
dangerous waste characteristics or criteria;
(q) As of January 1, 1987, secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed;
(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal; and
(v) A generator complies with the requirements of chapter 173-303 WAC for any residues (e.g., sludges, filters, etc.) produced from the collection, reclamation, and reuse of the secondary materials.
(r) Treatability study samples.
(i) Except as provided in (r)(ii) of this subsection, persons who generate or collect samples for the purpose of conducting treatability studies as defined in WAC 173-303-040 are not subject to the requirements of WAC 173-303-180, 173-303-190, and 173-303-200 (1)(a), nor are such samples included in the quantity determinations of WAC 173-303-070 (7) and (8) and 173-303-201 when:
(A) The sample is being collected and prepared for transportation by the generator or sample collector; or
(B) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or
(C) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study; or
(D) The sample or waste residue is being transported back to the original generator from the laboratory or testing facility.
(ii) The exemption in (r)(i) of this subsection is applicable to samples of dangerous waste being collected and shipped for the purpose of conducting treatability studies provided that:
(A) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with nonacute dangerous waste, 1000 kg of nonacute dangerous waste other than contaminated media, 1 kg of acutely hazardous waste, 2500 kg of media contaminated with acutely hazardous waste for each process being evaluated for each generated waste stream; and
(B) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with nonacute dangerous waste or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of dangerous waste, and 1 kg of acutely hazardous waste; and
(C) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of (r)(ii)(C)(I) or (II) of this subsection are met.
(I) The transportation of each sample shipment complies with United States Department of Transportation (DOT), United States Postal Service (USPS), or any other applicable shipping requirements; or
(II) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:
(AA) The name, mailing address, and telephone number of the originator of the sample;
(BB) The name, address, and telephone number of the laboratory or testing facility that will perform the treatability study;
(CC) The quantity of the sample;
(DD) The date of shipment; and
(EE) A description of the sample, including its dangerous waste number.
(D) The sample is shipped, within ninety days of being generated or of being taken from a stream of previously generated waste, to a laboratory or testing facility which is exempt under (s) of this subsection or has an appropriate final facility permit or interim status; and
(E) The generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:
(I) Copies of the shipping documents;
(II) A copy of the contract with the facility conducting the treatability study;
(III) Documentation showing:
(AA) The amount of waste shipped under this exemption;
(BB) The name, address, and EPA/state identification number of the laboratory or testing facility that received the waste;
(CC) The date the shipment was made; and
(DD) Whether or not unused samples and residues were returned to the generator.
(F) The generator reports the information required under (r)(ii)(E)(III) of this subsection in its annual report.
(iii) The department may grant requests, on a case-by-case basis, for up to an additional two years for treatability studies involving bioremediation. The department may grant requests on a case-by-case basis for quantity limits in excess of those specified in (r)(ii)(A) and (B) of this subsection and (s)(iv) of this subsection, for up to an additional 5000 kg of media contaminated with nonacute dangerous waste, 500 kg of nonacute dangerous waste, 1 kg of acute hazardous waste, and 2500 kg of media contaminated with acute hazardous waste or for up to an additional 10,000 kg of wastes regulated only by this chapter and not regulated by 40 CFR Part 261, to conduct further treatability study evaluation:
(A) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process, (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.
(B) In response to requests for authorization to ship, store, and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when:
There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
(C) The additional quantities and time frames allowed in (r)(iii)(A) and (B) of this subsection are subject to all the provisions in (r)(i) and (r)(ii)(C) through (F) of this subsection. The generator or sample collector must apply to the department where the sample is collected and provide in writing the following information:
(I) The reason the generator or sample collector requires additional time or quantity of sample for the treatability study evaluation and the additional time or quantity needed;
(II) Documentation accounting for all samples of dangerous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results of each treatability study;
(III) A description of the technical modifications or change in specifications which will be evaluated and the expected results;
(IV) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and
(V) Such other information that the department considers necessary.
(s) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to chapter 70.105 RCW) are not subject to the requirements of this chapter, except WAC 173-303-050, 173-303-145, and 173-303-960 provided that the conditions of (s)(i) through (xiii) of this subsection are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to (s)(i) through (xiii) of this subsection. Where a group of MTUs are located at the same site, the limitations specified in (s)(i) through (xiii) of this subsection apply to the entire group of MTUs collectively as if the group were one MTU.
(i) No less than forty-five days before conducting treatability studies the laboratory or testing facility notifies the department in writing that it intends to conduct treatability studies under this subsection.
(ii) The laboratory or testing facility conducting the treatability study has an EPA/state identification number.
(iii) No more than a total of 10,000 kg of "as received" media contaminated with nonacute dangerous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" dangerous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.
(iv) The quantity of "as received" dangerous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with nonacute dangerous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of nonacute dangerous wastes other than contaminated media, and 1 kg of acutely hazardous waste. This quantity limitation does not include treatment materials (including nondangerous solid waste) added to "as received" dangerous waste.
(v) No more than ninety days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) has elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.
(vi) The treatability study does not involve the placement of dangerous waste on the land or open burning of dangerous waste.
(vii) The laboratory or testing facility maintains records for three years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:
(A) The name, address, and EPA/state identification number of the generator or sample collector of each waste sample;
(B) The date the shipment was received;
(C) The quantity of waste accepted;
(D) The quantity of "as received" waste in storage each day;
(E) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;
(F) The date the treatability study was concluded;
(G) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated TSD facility, the name of the TSD facility and its EPA/state identification number.
(viii) The laboratory or testing facility keeps, on-site, a copy of the treatability study contract and all shipping paper associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.
(ix) The laboratory or testing facility prepares and submits a report to the department by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year:
(A) The name, address, and EPA/state identification number of the laboratory or testing facility conducting the treatability studies;
(B) The types (by process) of treatability studies conducted;
(C) The names and addresses of persons for whom studies have been conducted (including their EPA/state identification numbers);
(D) The total quantity of waste in storage each day;
(E) The quantity and types of waste subjected to treatability studies;
(F) When each treatability study was conducted;
(G) The final disposition of residues and unused sample from each treatability study.
(x) The laboratory or testing facility determines whether any unused sample or residues generated by the treatability study are dangerous waste under WAC 173-303-070 and if so, are subject to the requirements of this chapter, unless the residues and unused samples are returned to the sample originator under the exemption in (r) of this subsection.
(xi) The laboratory or testing facility notifies the department by letter when it is no longer planning to conduct any treatability studies at the site.
(xii) The date the sample was received, or if the treatability study has been completed, the date of the treatability study, is marked and clearly visible for inspection on each container.
(xiii) While being held on site, each container and tank is labeled
or marked clearly with the words "dangerous waste" or "hazardous waste."
Each container or tank must also be marked with a label or sign which
identifies the major risk(s) associated with the waste in the container
or tank for employees, emergency response personnel and the public.
Note: If there is already a system in use that performs this function in accordance with local, state, or federal regulations, then such system will be adequate.
(t) Petroleum-contaminated media and debris that fail the test for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste numbers D018 through D043 only) and are subject to the corrective action regulations under 40 CFR Part 280.
(u) Special incinerator ash (as defined in WAC 173-303-040).
(v) Wood ash that would designate solely for corrosivity by WAC 173-303-090 (6)(a)(iii). For the purpose of this exclusion, wood ash means ash residue and emission control dust generated from the combustion of untreated wood, wood treated solely with creosote, and untreated wood fiber materials including, but not limited to, wood chips, saw dust, tree stumps, paper, cardboard, residuals from waste fiber recycling, deinking rejects, and associated wastewater treatment solids. This exclusion allows for the use of auxiliary fuels including, but not limited to, oils, gas, coal, and other fossil fuels in the combustion process.
(w)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood.
(x) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.
(y) Used oil filters that are recycled in accordance with WAC 173-303-120, as used oil and scrap metal.
(z) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(aa) Wastes that fail the test for the toxicity characteristic in WAC 173-303-090 because chromium is present or are listed in WAC 173-303-081 or 173-303-082 due to the presence of chromium. The waste must not designate for any other characteristic under WAC 173-303-090, for any of the criteria specified in WAC 173-303-100, and must not be listed in WAC 173-303-081 or 173-303-082 due to the presence of any constituent from WAC 173-303-9905 other than chromium. The waste generator must be able to demonstrate that:
(i) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and
(ii) The waste is generated from an industrial process that uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and
(iii) The waste is typically and frequently managed in nonoxidizing environments.
(bb)(i) Nonwastewater residues, such as slag, resulting from high
temperature metals recovery (HTMR) processing of K061, K062 or F006
waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in WAC
173-303-040 - blast furnaces, smelting, melting and refining furnaces,
and other devices the department may add to the list - of the definition
for "industrial furnace"), that are disposed in subtitle D units,
provided that these residues meet the generic exclusion levels identified
in the tables in this paragraph for all constituents, and exhibit no
characteristics of dangerous waste. Testing requirements must be
incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of
residues must be collected and analyzed quarterly and/or when the process
or operation generating the waste changes. Persons claiming this
exclusion in an enforcement action will have the burden of proving by
clear and convincing evidence that the material meets all of the
exclusion requirements.
Constituent Maximum for any single
composite sample-TCLP (mg/l)
Generic exclusion levels for K061
and K062 nonwastewater HTMR residues
Antimony 0.10
Arsenic 0.50
Barium 7.6
Beryllium 0.010
Cadmium 0.050
Chromium (total) 0.33
(2)Lead 0.15
Mercury 0.009
Nickel 1.0
Selenium 0.16
Silver 0.30
Thallium 0.020
Zinc 70
Generic exclusion levels for
F006 nonwastewater HTMR residues
Antimony 0.10
Arsenic 0.50
Barium 7.6
Beryllium 0.010
Cadmium 0.050
Chromium (total) 0.33
Cyanide (total) (mg/kg) 1.8
Lead 0.15
Mercury 0.009
Nickel 1.0
Selenium 0.16
Silver 0.30
Thallium 0.020
Zinc 70
(ii) A one-time notification and certification must be placed in the facility's files and sent to the department for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to subtitle D units. The notification and certification that is placed in the generator's or treater's files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need only notify the department on an annual basis if such changes occur. Such notification and certification should be sent to the department by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the subtitle D unit receiving the waste shipments; the dangerous waste number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of dangerous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." These wastes are not excluded if they exhibit one or more of the dangerous waste characteristics (WAC 173-303-090) or criteria (WAC 173-303-100).
(cc) Recovered oil from petroleum refining, exploration and production, and from transportation incident thereto, which is to be inserted into the petroleum refining process (SIC Code 2911) at or before a point (other than direct insertion into a coker) where contaminants are removed. This exclusion applies to recovered oil stored or transported prior to insertion, except that the oil must not be stored in a manner involving placement on the land, and must not be accumulated speculatively, before being so recycled. Recovered oil is oil that has been reclaimed from secondary materials (such as wastewater) generated from normal petroleum refining, exploration and production, and transportation practices. Recovered oil includes oil that is recovered from refinery wastewater collection and treatment systems, oil recovered from oil and gas drilling operations, and oil recovered from wastes removed from crude oil storage tanks. Recovered oil does not include (among other things) oil-bearing dangerous waste listed in WAC 173-303-9904 (e.g., K048-K052, F037, F038). However, oil recovered from such wastes may be considered recovered oil. Recovered oil also does not include used oil as defined in WAC 173-303-040.
(dd) Dangerous waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are dangerous only because they exhibit the Toxicity Characteristic (TC) specified in WAC 173-303-090(8) when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.
(ee) Biological treatment sludge from the treatment of one of the
following wastes listed in WAC 173-303-9904 - organic waste (including
heavy ends, still bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates and carbamoyl oximes
(Dangerous Waste No. K156), and wastewaters from the production of
carbamates and carbamoyl oximes (Dangerous Waste No. K157) unless it
exhibits one or more of the characteristics or criteria of dangerous
waste.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-071, filed 10/19/95, effective 11/19/95; 94-12-018
(Order 93-34), 173-303-071, filed 5/23/94, effective 6/23/94; 94-01-060
(Order 92-33), 173-303-071, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-071, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-071, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-071, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-071, filed 6/3/86; 85-09-042 (Order DE-85-02), 173-303-071, filed
4/15/85; 84-09-088 (Order DE 83-36), 173-303-071, filed 4/18/84.
Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023
(Order DE 81-33), 173-303-071, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-073 Conditional exclusion of special wastes. (1) Purpose. Special wastes pose a relatively low hazard to human health and the environment. The department believes that special wastes can be safely managed with a level of protection that is intermediate between dangerous and nondangerous solid wastes. This section establishes a conditional exclusion for the management of special wastes.
(2) Exclusion. Special wastes are excluded from the requirements of chapter 173-303 WAC, except for WAC 173-303-050; 173-303-060; 173-303-145; 173-303-960; and 173-303-510 excluding subsections (4)(a), (4)(b)(iii), (5), (6)(c), and (6)(d). In addition, special waste must be treated as dangerous waste for purposes of pollution prevention planning as required in chapters 173-307 and 173-305 WAC. Special wastes will not be considered as dangerous waste, provided they are managed in accordance with the standards in this subsection and provided they are disposed, legitimately recycled, or treated on-site consistent with the requirements of WAC 173-303-170 (3)(c).
(a) Generators may not accumulate special waste on-site for more than one hundred eighty days from the date the quantity of waste exceeds two thousand two hundred pounds. The generator must keep a written record showing the dates when accumulation of the wastes began;
(b) During accumulation, special waste must be stored in a manner to prevent releases to the environment. This includes, but is not limited to, storing wastes in compatible containers, on impermeable surfaces, or in secondary containment structures, etc.;
(c) Facilities that receive special waste for recycling must meet the requirements of (b) of this subsection and store special wastes for no more than one hundred eighty days.
(d) All workers handling special wastes must be informed of the waste's potential hazard, either through worker training, health and safety plans, or notification of workers on a case-by-case basis;
(e) Special wastes must be transported directly from their site of generation to any off-site recycling, treatment, or disposal destination. The wastes must not pass through any intermediate solid waste processing facility, such as a transfer station, unless:
(i) The transfer station operator has made specific provisions for managing special waste by physical segregation, packing, or other means to ensure that workers and the public are not exposed to the waste stream at the transfer station;
(ii) The provisions are reflected in the facilities operating plans;
(iii) The plans have been approved by the transfer station's solid waste permitting authority; and
(iv) The transfer station operator has informed workers of the wastes' potential hazard according to (d) of this subsection;
(f) A document must accompany special waste during transit which identifies the type and amount of special waste, its place of origin, the identity of the generator, and the facility to which it is directed. An example form is provided in WAC 173-303-9906. The generator and the receiving facility must maintain a record of the facilities receipt of the special waste for at least five years;
(g) Disposal of special waste must be in landfill units which:
(i) Are permitted in accordance with chapter 173-351 WAC, provided that an engineered liner is used to meet the requirements of arid landfill design requirements, WAC 173-351-300 (2)(b), or are permitted under WAC 173-303-800 through 173-303-840 or if out-of-state under 40 CFR Part 258 or Part 270; and
(ii) Are not currently undergoing corrective action under WAC 173-351-440(6), 40 CFR 258.56, or a similar requirement in state regulations approved by the United States EPA pursuant to 42 USC 6945(c)(1)(B).
(3) ((Approved facilities. Ecology will issue a list of landfills
and transfer stations that meet the preceding qualifying criteria to aid
generators who wish to dispose of their waste under the exclusion
provided by this section)) Reserve.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-073, filed 10/19/95, effective 11/19/95.]
NEW SECTION
WAC 173-303-077 Requirements for universal waste. The wastes listed in this section are exempt from regulation under WAC 173-303-140, 173-303-170 through 173-303-9907 (except for WAC 173-303-960), and except as specified in WAC 173-303-573, and therefore are not fully regulated as dangerous waste. The wastes listed in this section are subject to regulation under WAC 173-303-573:
(1) Batteries as described in WAC 173-303-573(2); and
(2) Thermostats as described in WAC 173-303-573(3).
[]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-081 Discarded chemical products. (1) A waste will be designated as a dangerous waste if it is handled in any of the manners described in (e) of this subsection, and if it is a residue from the management of:
(a) A commercial chemical product or manufacturing chemical intermediate which has the generic name listed in the discarded chemical products list, WAC 173-303-9903;
(b) An off-specification commercial chemical product or manufacturing chemical intermediate which if it had met specifications would have the generic name listed in the discarded chemical products list, WAC 173-303-9903;
(c) Any containers, inner liners, or residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate that has, or any off-specification commercial chemical product or manufacturing chemical intermediate which if it had met specifications would have, the generic name listed on the "P" or "U" discarded chemical products list of WAC 173-303-9903, unless the containers or inner liners are empty as described in WAC 173-303-160(2);
(d) Any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of a commercial chemical product or manufacturing chemical intermediate which has, or of an off-specification commercial chemical product or manufacturing chemical intermediate which if it had met specifications would have, the generic name listed in the discarded chemical products list, WAC 173-303-9903;
(e) The materials or items described in (a), (b), (c), and (d) of this subsection are dangerous wastes when they are:
(i) Discarded or intended to be discarded as described in WAC 173-303-016 (3)(b)(i);
(ii) Burned for purposes of energy recovery in lieu of their original intended use;
(iii) Used to produce fuels in lieu of their original intended use;
(iv) Applied to the land in lieu of their original intended use; or
(v) Contained in products that are applied to the land in lieu of their original intended use.
(2) Quantity exclusion limits:
(a) A person with a waste or wastes (including residues from the management of wastes) identified in subsection (1) of this section, will be a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the amount of his waste exceeds the following quantity exclusion limits:
(i) For chemicals designated on the "P" discarded chemical products list of WAC 173-303-9903 - 2.2 lbs. (1.0 kg) per month or per batch. Such wastes are designated DW and are identified as acute hazardous wastes;
(ii) For chemicals, and for residues from the cleanup of spills involving chemicals, designated on the "U" discarded chemical products list of WAC 173-303-9903 - 220 lbs. (100 kg) per month or per batch. Such wastes are designated DW;
(iii) For containers or inner liners which held any chemical designated on the "P" discarded chemical products list of WAC 173-303-9903 - 2.2 lbs. (1.0 kg) of residue remaining in the containers or inner liners per month or per batch unless the containers or inner liners meet the definition of empty and have been triple rinsed as described in WAC 173-303-160(2). Such wastes are designated DW and are identified as acute hazardous wastes;
(iv) For residues, contaminated soil, water, or other debris from the cleanup of a spill of any chemical designated on the "P" discarded chemical products list of WAC 173-303-9903 - 220 lbs. (100 kg) per month or per batch. Such wastes are designated DW and are identified as acute hazardous wastes.
(b) A person's total monthly waste quantity is the sum of all their wastes which share a common quantity exclusion limit (e.g., the total quantity of all discarded chemical products with a 2.2 pound QEL, the total quantity of all residues contaminated by discarded chemical products with a 2.2 pound QEL, etc.) which were generated during a month or a batch operation at each specific waste generation site.
(3) Dangerous waste numbers and mixtures. A waste which has been designated as a discarded chemical product dangerous waste must be assigned the dangerous waste number or numbers listed in WAC 173-303-9903 next to the generic chemical or chemicals which caused the waste to be designated. If a person mixes a solid waste with a waste that would be designated as a discarded chemical product under this section, then the entire mixture must be designated. The mixture designation is the same as the designation for the discarded chemical product which was mixed with the solid waste. For example, a mixture containing 2.2 lbs. (1 kg) of Aldrin (dangerous waste number P004, DW designation, QEL of 2.2 lbs.) and 22 lbs. (10 kg) of a solid waste, would be designated DW, and identified as acute hazardous waste. The mixture would have the dangerous waste number P004.
(4) Reserve.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-081, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-081, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-081, filed 6/26/87; 86-12-057 (Order
DE-85-10), 173-303-081, filed 6/3/86; 84-09-088 (Order DE 83-36),
173-303-081, filed 4/18/84. Statutory Authority: RCW 70.95.260 and
chapter 70.105 RCW. 82-05-023 (Order DE 81-33), 173-303-081, filed
2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-082 Dangerous waste sources. (1) The dangerous waste sources list appears in WAC 173-303-9904. Any waste that is listed or is a residue from the management of a waste listed on the dangerous waste sources list must be designated a dangerous waste, and identified as DW.
(2) Quantity exclusion limit. A person whose waste is listed in WAC 173-303-9904 (including residues from the management of such wastes) is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the amount of his waste exceeds the following quantity exclusion limits:
(a) 2.2 lbs. (1 kg) per month or per batch for wastes listed with the dangerous waste numbers F020, F021, F022, F023, F026, or F027. These wastes are designated DW and identified as acute hazardous wastes;
(b) 220 lbs. (100 kg) per month or per batch of any residue or contaminated soil, waste or other debris resulting from the cleanup of a spill, into or on any land or water of a waste listed in (a) of this subsection, or of an acute hazardous waste listed in WAC 173-303-9904 under specific sources ("K" wastes). Note: Acute hazardous K listed wastes are followed by an "H". These wastes are designated DW and identified as acute hazardous wastes; or
(c) 220 lbs. (100 kg) per month or per batch for all other wastes.
(3) Care should be taken in the proper designation of these wastes and of mixtures of these wastes and solid wastes. If a person mixes a solid waste with a waste that would be designated as a dangerous waste source under this section, then the entire mixture is designated as a dangerous waste source. The mixture has the same designation (DW), and the same dangerous waste number as the dangerous waste source which was mixed with the solid waste.
(4) 40 CFR Part 261 Appendix VII Basis for Listing Hazardous Waste
is adopted by reference.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-082, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-082, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-082, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-082, filed
6/3/86; 84-09-088 (Order DE 83-36), 173-303-082, filed 4/18/84.
Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023
(Order DE 81-33), 173-303-082, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-090 Dangerous waste characteristics. (1) Purpose. The purpose of this section is to set forth characteristics which a solid waste might exhibit and which would cause that waste to be a dangerous waste.
(2) Representative samples. The department will consider a sample obtained using any of the applicable sampling methods described in WAC 173-303-110(2), sampling and testing methods, to be a representative sample.
(3) Equivalent test methods. The testing methods specified in this section are the only acceptable methods, unless the department approves an equivalent test method in accordance with WAC 173-303-910(2).
(4) Quantity exclusion limit. A solid waste is a dangerous waste if it exhibits one or more of the dangerous waste characteristics described in subsections (5), (6), (7), and (8) of this section. If a person's solid waste exhibits one or more of these characteristics, then he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of their waste exceeds 220 lbs. (100 kg) per month or per batch.
(5) Characteristic of ignitability.
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:
(i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78;
(ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard;
(iii) It is an ignitable compressed gas ((as)) that is defined in
49 CFR ((173.300)) 173.115 and ((as)) is determined to be flammable by
the test methods described in that regulation; or,
(iv) It is an oxidizer ((as defined)), if it is defined as such in
49 CFR ((173.151)) 173.127 and 173.128.
(b) A solid waste that exhibits the characteristic of ignitability must be designated DW, and assigned the dangerous waste number of D001.
(6) Characteristic of corrosivity.
(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has any one or more of the following properties:
(i) It is aqueous((,)) and has a pH less than or equal to 2, or
greater than or equal to 12.5, as determined by a pH meter using Method
9040 ((or 9041)) in "Test Methods for Evaluating Solid Waste (((SW
846))), Physical/Chemical Methods((, available from the department)),"
EPA publication SW-846, as incorporated by reference in WAC 173-303-110
(3)(a);
(ii) It is liquid((,)) and corrodes steel (SAE 1020) at a rate
greater than 0.250 inch (6.35 mm) per year at a test temperature of 55
degrees C (130 degrees F) as determined by the test method specified in
NACE (National Association of Corrosion Engineers) Standard TM-01-69 as
standardized in "Test Methods for ((the Evaluation of)) Evaluating Solid
Waste, Physical/Chemical Methods((. The NACE Standard is available from
the department))," EPA Publication SW-846, as incorporated by reference
in WAC 173-303-110 (3)(a); or
(iii) It is solid or semi-solid((, and when mixed with an equal
weight of water results in a solution, the liquid portion of which has
the property specified in (a)(i) of this subsection. Procedures for
preparing and extracting the solution and liquid are described in the
test procedures of WAC 173-303-110 (3)(a))) which, upon testing using
Method 9045 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods" (SW 846), results in a pH less than or equal
to 2, or greater than or equal to 12.5.
(b) A solid waste that exhibits the characteristic of corrosivity because:
(i) It has either of the properties described in (a)(i) or (ii) of this subsection will be designated DW, and assigned the dangerous waste number of D002;
(ii) It only has the property described in (a)(iii) of this subsection will be designated DW, and assigned the dangerous waste number of WSC2.
(7) Characteristic of reactivity.
(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:
(i) It is normally unstable and readily undergoes violent change without detonating;
(ii) It reacts violently with water;
(iii) It forms potentially explosive mixtures with water;
(iv) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(v) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(vi) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
(vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or
(viii) It is a forbidden explosive as defined in 49 CFR ((173.51,
or a Class A explosive as defined in 49 CFR 173.53, or a Class B
explosive)) 173.54, or a Class 1 explosive, Division 1.1, Division 1.2,
Division 1.3, and Division 1.5, as defined in 49 CFR ((173.88)) 173.50.
(b) A solid waste that exhibits the characteristic of reactivity must be designated DW, and assigned the dangerous waste number of D003.
(8) Toxicity characteristic.
(a) A solid waste exhibits the ((toxicity)) characteristic of
toxicity if, using the Toxicity Characteristic Leaching Procedure (TCLP),
((found in Appendix II of 40 CFR Part 261, which is adopted by reference,
or available upon request from the department) or equivalent methods
approved by the department under WAC 173-303-110(5))) test Method 1311
in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, as incorporated by reference in WAC 173-303-110
(3)(a), the extract from a representative sample of the waste contains
any of the contaminants listed in the toxicity characteristic list in (c)
of this subsection, at concentrations equal to or greater than the
respective value given in the list. When the waste contains less than
0.5 percent filterable solids, the waste itself, after filtering using
the methodology outlined in ((the TCLP)) Method 1311, is considered to
be the extract for the purpose of this subsection.
(b) A solid waste that exhibits the toxicity characteristic has the dangerous waste number specified in the list which corresponds to the toxic contaminant causing it to be dangerous.
(c) Toxicity characteristic list. Any waste that contains
contaminants which occur at concentrations at or above the DW threshold
must be designated DW.
Dangerous (Chemical
Waste Abstracts DW
Number Contaminant Services #) (mg/L)
D004 Arsenic (7440-38-2) 5.0
D005 Barium (7440-39-3) 100.0
D018 Benzene (71-43-2) 0.5
D006 Cadmium (7440-43-9) 1.0
D019 Carbon tetrachloride (56-23-5) 0.5
D020 Chlordane (57-74-9) 0.03
D021 Chlorobenzene (108-90-7) 100.0
D022 Chloroform (67-66-3) 6.0
D007 Chromium (7440-47-3) 5.0
D023 o-Cresol (95-48-7)
/1/ 200.0
D024 m-Cresol (108-39-4)
/1/ 200.0
D025 p-Cresol (106-44-5)
/1/ 200.0
D026 Cresol /1/ 200.0
D016 2,4-D (94-75-7) 10.0
D027 1,4-Dichlorobenzene (106-46-7) 7.5
D028 1,2-Dichloroethane (107-06-2) 0.5
D029 1,1-Dichloroethylene (75-35-4) 0.7
D030 2,4-Dinitrotoluene (121-14-2)
/2/ 0.13
D012 Endrin (72-20-8) 0.02
D031 Heptachlor (and its
epoxide) (76-44-8) 0.008
D032 Hexachlorobenzene (118-74-1)
/2/ 0.13
D033 Hexachlorobutadiene (87-68-3) 0.5
D034 Hexachloroethane (67-72-1) 3.0
D008 Lead (7439-92-1) 5.0
D013 Lindane (58-89-9) 0.4
D009 Mercury (7439-97-6) 0.2
D014 Methoxychlor (72-43-5) 10.0
D035 Methyl ethyl ketone (78-93-3) 200.0
D036 Nitrobenzene (98-95-3) 2.0
D037 Pentachlorophenol (87-86-5) 100.0
D038 Pyridine (110-86-1)
/2/ 5.0
D010 Selenium (7782-49-2) 1.0
D011 Silver (7440-22-4) 5.0
D039 Tetrachloroethylene (127-18-4) 0.7
D015 Toxaphene (8001-35-2) 0.5
D040 Trichloroethylene (79-01-6) 0.5
D041 2,4,5-Trichlorophenol (95-95-4) 400.0
D042 2,4,6-Trichlorophenol (88-06-2) 2.0
D017 2,4,5-TP (Silvex) (93-72-1) 1.0
D043 Vinyl chloride (75-01-4) 0.2
/1/ If 0-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used.
/2/ ((Quantitation limit is)) At the time the TC rule was adopted, the quantitation limit was greater than the calculated regulatory level. The quantitation limit therefore ((becomes)) became
the regulatory level.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-090, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-090, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-090, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-090, filed 6/26/87; 86-12-057 (Order
DE-85-10), 173-303-090, filed 6/3/86; 84-14-031 (Order DE 84-22),
173-303-090, filed 6/27/84. Statutory Authority: RCW 70.95.260 and
chapter 70.105 RCW. 82-05-023 (Order DE 81-33), 173-303-090, filed
2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-100 Dangerous waste criteria. (1) Purpose. The purpose of this section is to describe methods for determining if a solid waste is a dangerous waste by the criteria set forth in this section. The dangerous waste criteria consist of:
(a) Toxic dangerous wastes; and
(b) Persistent dangerous wastes.
(2) References. The National Institute for Occupational Safety and Health's (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS), Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is adopted by reference.
(3) A person must use data which is available to him, and, when such data is inadequate for the purposes of this section, must refer to the NIOSH RTECS to determine:
(a) Toxicity data or toxic category for each known constituent in the waste;
(b) Whether or not each known constituent of the waste is a
halogenated ((hydrocarbon)) organic compound or a polycyclic aromatic
hydrocarbon as defined in WAC 173-303-040.
(4) Quantity exclusion limit. A solid waste is a dangerous waste if it meets one or more of the dangerous waste criteria described in subsections (5) and (6) of this section. If a person's solid waste meets one or more of these criteria then he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of the waste exceeds the following quantity exclusion limits:
(a) For toxic dangerous wastes designated as EHW (WT01), the quantity exclusion limit is 2.2 lbs. per month.
(b) For all other wastes designating under this section the quantity exclusion limit is 220 lbs. (100 kg) per month or per batch.
(5) Toxicity criteria. Except as provided in WAC 173-303-070 (4) or (5), a person must determine if a solid waste meets the toxicity criteria under this section by following either the instructions for book designation, when his knowledge of the waste is sufficient, or by testing the waste using the biological testing methods adopted under WAC 173-303-110(3).
(a) Except as provided in WAC 173-303-070(4), if a person knows only some of the toxic constituents in the waste or only some of the constituent concentrations, and if the waste is undesignated for those known constituents or concentrations, then the waste is not designated for toxicity under this subsection.
(b) Book designation procedure. A person may determine if a waste meets the toxicity criteria by following the book designation instructions as follows:
(i) A person must determine the toxic category for each known
constituent. The toxic category for each constituent may be determined
from available data, or by obtaining data from the NIOSH RTECS and
checking this data against the toxic category table, below. If data is
available for more than one of the toxicity criteria (fish, oral,
inhalation, or dermal), then the data indicating severest toxicity must
be used, and the most acutely toxic category must be assigned to the
constituent. If the NIOSH RTECS or other data sources do not agree on
the same category, then the category arrived at using the NIOSH RTECS
will be used to determine the toxic category. If toxicity data for a
constituent cannot be found in the NIOSH RTECS, or other source
reasonably available to a person, then the toxic category need not be
determined for that constituent.
Inhalation Dermal
Toxic Fish Oral (Rat) (Rat) (Rabbit)
Category LC50(mg/L)* LD50(mg/kg) LC50(mg/L) LD50(mg/kg)
X <0.01 <.5 <.02 < 2
A 0.01 - <0.1 .5 - <5 .02 - <.2 2 - <20
B 0.1 - <1 5 - <50 .2 - <2 20 - <200
C 1 - <10 50 - <500 2 - <20 200 - <2000
D 10 - 100 500 - 5000 20 - 200 2000 - 20,000
* The LC50 data must be from an exposure period greater than or equal to twenty-four hours. LC50 data from any species is acceptable, however, if salmonid LC50 data is
available it will supersede all other fish data. If salmonid data is unavailable but fathead minnow data is available, it will supersede all other fish species data.
Note: "Inhalation LC50" means a concentration in milligrams of substance per liter of air which, when administered to the respiratory tract for four hours or less, kills within
fourteen days half of a group of ten rats each weighing between 200 and 300 grams.
(ii) A person whose waste contains one or more toxic constituents
must determine the equivalent concentration for the waste from the
following formula:
Equivalent X% + A% + B% + C% + D%
Concentration(%) = ((X%)) ---- ---- ---- ----- ------
1 10 100 1000 10,000
where (X,A,B,C, or D)% is the sum of all the concentration percentages
for a particular toxic category.
Example 1. A person's waste contains: Aldrin (((X)) A Category)
- .01%; Endrin (((B)) A Category) - 1%; Benzene (((C)) D Category) - 4%;
Phenol (C Category) - 2%; ((Cyclohexane)) Dinoseb (((C)) B Category) -
5%; Water (nontoxic) - 87%. The equivalent concentration (E.C.) would
be:
E.C. (%) = ((01% + 0% + 1% + (4% + 2% + 5%) + 0%
--- ---- --------------- ------
10 100 1000 10,000))
0% + (0.01% + 1.0%) + 5.0% + 2.0% + 4.0%
--- ------------- ---- ---- ------
1 10 100 1000 10,000
= ((0.01% + 0% + 0.01% + 0.011% + 0% = 0.031%))
0% + 0.101% + 0.05% + 0.002% + 0.0004% = 0.1534%
So the equivalent concentration equals ((.031%)) 0.1534%.
(iii) A person whose waste contains toxic constituents must determine its designation according to the value of the equivalent concentration:
(A) If the equivalent concentration is less than 0.001%, the waste is not a toxic dangerous waste; or
(B) If the equivalent concentration is equal to or greater than 0.001% and less than 1.0%, the person will designate the waste as DW and assign the dangerous waste number WT02; and
(C) If the equivalent concentration is equal to or less than 0.01%, the DW may also be a special waste; or
(D) If the equivalent concentration is equal to or greater than
1.0%, the person will designate the waste as EHW and assign the dangerous
waste number WT01.
Example 1. Continued. The equivalent concentration of ((0.031%))
0.1534% (from Example 1. above) is greater than 0.001% and less than
((0.1%)) 1.0%. The waste is DW and the dangerous waste number WT02 must
be assigned. Since ((0.031%)) 0.1534% is also greater than 0.01%, the
waste is not a special waste.
(iv) Reserve.
(c) Designation from bioassay data. A person may determine if a waste meets the toxicity criteria by following the bioassay designation instructions of either:
(i) The DW bioassay. To determine if a waste is DW, a person must establish the toxicity category range (D category toxicity or greater toxicity) of a waste by means of the 100 mg/L acute static fish test or the 5000 mg/kg oral rat test, as described in the biological testing methods (bioassay) adopted in WAC 173-303-110(3). If data from the test indicates that the waste is DW, then the person will assign the dangerous waste number WT02. Otherwise, the waste is not regulated as toxic dangerous waste. No further testing must be done except as provided in WAC 173-303-070 (4) and (5), or if the person chooses to determine whether the waste is EHW, or in the case of state-only solid dangerous waste, if the person chooses to determine whether the waste is special waste; or
(ii) The EHW and special waste bioassay. To determine if a waste
is EHW, a person must establish the toxicity category range of a waste
by means of the fish bioassay at 10 mg/L or the rat bioassay at 50 mg/L,
as described in the biological testing methods (bioassay) adopted in WAC
173-303-110(3). (NOTE: A fish bioassay at 1 mg/L corresponds with the
((proposed)) definition of EHW, which includes toxic categories X-B.
However, the fish bioassay is not reproducible at these low levels.) If
data from the test indicates that the waste is EHW, then the person will
assign the dangerous waste number WT01. Otherwise, the waste will be
designated DW, and the person will assign the dangerous waste number
WT02. A person with state-only solid waste may choose to test a waste
to determine if it is special waste. Testing levels for special waste
must be at 10 mg/L for the fish bioassay or 500 mg/L for the oral rat
bioassay. No further testing must be done except as provided in WAC 173-303-070 (4) and (5), or if the person chooses to test the waste in
accordance with WAC 173-303-100 (5)(c)(i) to determine if the waste is
not regulated as toxic dangerous waste.
(d) If the designation acquired from book designation and bioassay data do not agree, then bioassay data will be used to designate a waste. If a waste is designated as DW or EHW following the book designation procedure, a person may test the waste by means of the biological testing methods (bioassay) adopted under WAC 173-303-110(3), using either the static acute fish or the acute oral rat method, to demonstrate that the waste is not a dangerous waste or should be designated as DW and not EHW.
(e) A waste designated as DW by toxicity criteria must be assigned the dangerous waste number of WT02. A waste designated as EHW by toxicity criteria must be assigned the dangerous waste number of WT01.
(6) Persistence criteria. For the purposes of this section,
persistent constituents are chemical compounds which are either
halogenated ((hydrocarbons (HH))) organic compounds (HOC), or polycyclic
aromatic hydrocarbons (PAH), as defined under WAC 173-303-040. Except
as provided in WAC 173-303-070 (4) or (5), a person may determine the
identity and concentration of persistent constituents by either applying
knowledge of the waste or by testing the waste according to ((the
chemical testing methods for complying with the dangerous waste
regulation adopted under)) WAC 173-303-110 (3)(c) Chemical Testing
Methods for Designating Dangerous Waste, February 1998.
(a) Except as provided in WAC 173-303-070(4), if a person knows only some of the persistent constituents in the waste, or only some of the constituent concentrations, and if the waste is undesignated for those known constituents or concentrations, then the waste is not designated for persistence under this subsection.
(b) When a waste contains one or more halogenated ((hydrocarbons
(HH))) organic compounds (HOC) for which the concentrations are known,
the total halogenated ((hydrocarbon)) organic compound concentration must
be determined by summing the concentration percentages for all of the
halogenated ((hydrocarbons)) organic compounds for which the
((concentrations are)) concentration is known.
Example 2. A waste contains: Carbon tetrachloride - .009%; DDT -
.012%; 1,1,1 - trichloroethylene - .020%. The total halogenated
((hydrocarbon)) organic compound concentration would be:
Total ((HH)) HOC Concentration (%) = .009% + .012% + .020% = .041%
(c) A person whose waste contains polycyclic aromatic hydrocarbons (PAH) as defined in WAC 173-303-040, must determine the total PAH concentration by summing the concentration percentages of each of the polycyclic aromatic hydrocarbons for which they know the concentration.
Example 3. A person's waste contains: Chrysene - .08%; 3,4 - benzo(a)pyrene - 1.22%. The total polycyclic aromatic hydrocarbon concentration would be:
Total PAH Concentration (%) = .08% + 1.22% = 1.30%
(d) A person whose waste contains halogenated ((hydrocarbons))
organic compounds and/or polycyclic aromatic hydrocarbons must determine
its designation from the persistent dangerous waste table or persistent
dangerous waste criteria graph WAC 173-303-9907.
If your waste At a total concent- Then your waste's
contains. . . ration level of. . . designation, and
waste # are. . .
Halogenated 0.01% to 1.0% DW, WP02
((Hydrocarbons (HH))) greater than 1.0% EHW, WP01
Organic Compounds (HOC)
Polycyclic Aromatic greater than 1.0% EHW*, WP03
Hydrocarbons (PAH)
* No DW concentration level for PAH.
(7) Reserve.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-100, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-100, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), 173-303-100, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-100, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-104 Generic dangerous waste numbers. (1) Purpose. This section sets forth the dangerous waste number for each of the dangerous waste criteria designations.
(2) Characteristics. A waste which exhibits any of the dangerous waste characteristics, WAC 173-303-090, must be assigned the dangerous waste number corresponding to the characteristic(s) exhibited by the waste.
(3) Criteria. The following table must be used for assigning
dangerous waste numbers to wastes designated by the dangerous waste
criteria at WAC 173-303-100.
Dangerous Dangerous Waste
Waste# Criteria and Designation
Toxic Dangerous Wastes
WT01------------------ EHW
WT02------------------ DW
Persistent Dangerous Wastes
Halogenated ((Hydrocarbons))
Organic Compounds
WP01------------------ EHW
WP02------------------ DW
Polycyclic Aromatic Hydrocarbons
WP03------------------ EHW
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-104, filed 10/19/95, effective 11/19/95; 94-12-018
(Order 93-34), 173-303-104, filed 5/23/94, effective 6/23/94.
Statutory Authority: Chapter 70.105 RCW. 84-14-031 (Order DE 84-22),
173-303-104, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW
and RCW 70.95.260. 82-05-023 (Order DE 81-33), 173-303-104, filed
2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-110 Sampling and testing methods. (1) Purpose. This
section sets forth the testing methods to be used ((in the process of
designating a dangerous waste or of complying with the air emission
standards in WAC 173-303-690 and 173-303-691)) to comply with the
requirements of this chapter. Quality control procedures specified by
the testing method or an approved equivalent method must be followed for
the analytical result to be considered valid for designation. All
methods and publications listed in this section are incorporated by
reference.
(2) Representative samples.
(a) The methods and equipment used for obtaining representative samples of a waste will vary with the type and form of the waste. The department will consider samples collected using the sampling methods below or the most recent version of such methods for wastes with properties similar to the indicated materials, to be representative samples of the wastes:
(i) Crushed or powdered material - ASTM Standard D346-75;
(ii) Extremely viscous liquid - ASTM Standard D140-70;
(iii) Fly ash-like material - ASTM Standard D2234-86;
(iv) Soil-like material - ASTM Standard D1452-80 (Reapproved 1990);
(v) Soil or rock-like material - ASTM Standard D420-93;
(vi) Containerized liquid wastes - "COLIWASA" described in ((Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods,)) SW-846,
((revised July 1982, as amended by Update 1 (April 1984) and Update 2
(April 1985))) as incorporated by reference at WAC 173-303-110 (3)(a);
and,
(vii) Liquid waste in pits, ponds, lagoons, and similar reservoirs
- "Pond Sampler" described in ((Test Methods for the Evaluation of Solid
Waste, Physical/Chemical Methods,)) SW-846, ((revised July 1982, as
amended by Update 1 (April 1984) and Update 2 (April 1985))) as
incorporated by reference at WAC 173-303-110 (3)(a).
(b) Copies of these representative sampling methods are available
from the department except for the ASTM standards which can be obtained
by writing to:
ASTM
1916 Race Street
Philadelphia, PA 19103.
(3) Test procedures. Copies of the test procedures listed in this
subsection can be obtained by writing to the appropriate address below:
For copies of Department of Ecology test methods:
Attn: Test Procedures
Hazardous Waste Section
Department of Ecology
PO Box 47600
Olympia, Washington 98504-7600
For copies of SW 846, including updates, and 40 CFR Part 261:
Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
(202) 512-1800
For copies of ASTM methods:
ASTM
1916 Race Street
Philadelphia, PA 19103
For copies of APTI methods:
APTI
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
The document titles and included test procedures are as follows:
(a) ((Chemical Testing Methods for Complying with the state of
Washington Dangerous Waste Regulation, March 1982, revised July 1983,
March 1984, and May 1993 describing methods for testing:
(i) Ignitability;
(ii) Corrosivity, including the addendum, Test Method for
Determining pH of Solutions in Contact with Solids, March 1984;
(iii) Reactivity;
(iv) Toxicity characteristic leaching procedure;
(v) Halogenated hydrocarbons; and
(vi) Polycyclic aromatic hydrocarbons;)) Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods, EPA Publication, SW-846 (Third
Edition (November 1986) as amended by Updates I (July 1992), II
(September 1994), IIA (August 1993), IIB (January 1995), and III
(December 1996)). The Third Edition of SW-846 and its Updates (document
number 955-001-00000-1) are available from the Superintendent of
Documents;
(b) Biological Testing Methods, Department of Ecology Publication #80-12, the latest revision, describing procedures for:
(i) Static acute fish toxicity test; and
(ii) Acute oral rat toxicity test;
(c) ((Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, SW-846 (Third Edition, November, 1986 as amended by Updates I
(July, 1992), II (September, 1994), IIA (August, 1993), IIB (January,
1995), and III) is adopted by reference. This includes, among others:
(i) Method 9095 (Paint Filter Liquids Test), demonstrating the
absence or presence of free liquids in either a containerized or bulk
waste.
(ii) Reserved.)) Chemical Testing Methods for Designating Dangerous
Waste, Department of Ecology Publication #97-407, February 1998
describing methods for testing:
(i) Ignitability;
(ii) Corrosivity;
(iii) Reactivity;
(iv) Toxicity characteristic leaching procedure;
(v) Halogenated organic compounds; and
(vi) Polycyclic aromatic hydrocarbons.
(d) ((40 CFR Part 261 Appendix X is adopted by reference for the
purpose of analysis for chlorinated dibenzo-p-dioxins and
dibenzofurans;)) Reserve;
(e)(i) The determination of Polychlorinated Biphenyls in Transformer Fluids and Waste Oils, EPA-600/4-81-045; and
(ii) Analysis of Polychlorinated Biphenyls in Mineral Insulating Oils by Gas Chromatography, ASTM Standard D 4059-86.
(f) 40 CFR Part 261 Appendix III Chemical Analysis Test Methods,
((which lists sampling and analysis methods contained)) which refers to
appropriate analytical procedures to determine whether a sample contains
a given toxic constituent in Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, EPA Publication SW-846, and 40 CFR Part 261
Appendix II, which refers to Method 1311 Toxicity Characteristic Leaching
Procedure ((are adopted by reference)).
(g) The following publications for air emission standards ((are
incorporated by reference)).
(i) ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography, ASTM Standard D 1946-82.
(ii) ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), ASTM Standard D 2382-83.
(iii) ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis, ASTM Standard E 169-87.
(iv) ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis, ASTM Standard E 168-88.
(v) ASTM Standard Practice for Packed Column Gas Chromatography, ASTM Standard E 260-85.
(vi) ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography, ASTM Standard D 2267-88.
(vii) ASTM Standard Test Method for Vapor Pressure- Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteriscope, ASTM Standard D 2879-86.
(viii) APTI Course 415: Control of Gaseous Emissions, EPA Publication EPA-450/2-81-005, December 1981.
(h) The following publications:
(i) "Flammable and Combustible Liquids Code" (1977 or 1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210.
(ii) U.S. EPA, "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC.
(iii) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," ASTM Standard E926-88, Test Method C-Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(4) Substantial changes to the testing methods described above will be made only after the department has provided adequate opportunity for public review and comment on the proposed changes. The department may, at its discretion, schedule a public hearing on the proposed changes.
(5) Equivalent testing methods. Any person may request the
department to approve an equivalent testing method by submitting a
petition, prepared in accordance with WAC 173-303-910(2), to the
department.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-110, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-110, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-110, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-110, filed 1/4/89; 86-12-057 (Order DE-85-10), 173-303-110, filed 6/3/86; 84-14-031 (Order DE 84-22), 173-303-110, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-110, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-120 Recycled, reclaimed, and recovered wastes. (1) This section describes the requirements for persons who recycle materials that are solid wastes and dangerous. Except as provided in subsections (2) and (3) of this section, dangerous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of subsection (4) of this section. Dangerous wastes that are recycled will be known as "recyclable materials."
(2)(a) The following recyclable materials are solid wastes and sometimes are dangerous wastes. However, they are subject only to the requirements of (b) of this subsection, WAC 173-303-050, 173-303-145 and 173-303-960:
(i) Industrial ethyl alcohol that is reclaimed;
(ii) ((Used batteries (or used battery cells) returned to a battery
manufacturer for regeneration;)) Reserve;
(iii) Used oil that exhibits one or more of the characteristics or criteria of dangerous waste and is recycled in some manner other than:
(A) Being burned for energy recovery; or
(B) Being used in a manner constituting disposal;
(iv) Scrap metal;
(v) Fuels produced from the refining of oil-bearing dangerous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing dangerous wastes where such recovered oil is already excluded under WAC 173-303-071 (3)(cc));
(vi) ((Oil reclaimed from dangerous waste resulting from normal
petroleum refining, production, and transportation practices, which oil
is to be refined along with normal process streams at a petroleum
refining facility;)) Reserve;
(vii) Coke and coal tar from the iron and steel industry that contains dangerous waste from the iron and steel production process;
(viii)(A) Dangerous waste fuel produced from oil-bearing dangerous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such dangerous wastes, where such dangerous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under WAC 173-303-515 (1)(d) and so long as no other dangerous wastes are used to produce the dangerous waste fuel;
(B) Dangerous waste fuel produced from oil-bearing dangerous waste from petroleum refining production, and transportation practices, where such dangerous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under WAC 173-303-515 (1)(d); and
(C) Oil reclaimed from oil-bearing dangerous wastes from petroleum
refining, production, and transportation practices, which reclaimed oil
is burned as a fuel without reintroduction to a refining process, so long
as the reclaimed oil meets the used oil fuel specification under WAC 173-303-515 (1)(((e))) (d); and
(ix) Petroleum coke produced from petroleum refinery dangerous
wastes containing oil ((at the same facility at which such wastes were
generated)) by the same person who generated the waste, unless the
resulting coke product exhibits one or more of the characteristics of
dangerous waste in WAC 173-303-090.
(b) Any recyclable material listed in (a) of this subsection will be subject to the applicable requirements listed in subsection (4) of this section if the department determines, on a case-by-case basis, that:
(i) It is being accumulated, used, reused, or handled in a manner that poses a threat to public health or the environment; or
(ii) Due to the dangerous constituent(s) in it, any use or reuse would pose a threat to public health or the environment. Such recyclable material will be listed in WAC 173-303-016(6).
(3) The following recyclable materials are not subject to the requirements of this section but are subject to the requirements of WAC 173-303-070 through 173-303-110, 173-303-160, 173-303-500 through 173-303-525, and all applicable provisions of WAC 173-303-800 through 173-303-840:
(a) Recycling requirements for state-only dangerous wastes (see WAC 173-303-500);
(b) Recyclable materials used in a manner constituting disposal (see WAC 173-303-505);
(c) Spent CFC or HCFC refrigerants that are recycled on-site or sent to be reclaimed off-site (see WAC 173-303-506);
(d) Dangerous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of 40 CFR Part 265 or WAC 173-303-670 (see WAC 173-303-510);
(e) Used oil that is burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of 40 CFR Part 265 or WAC 173-303-670, if such used oil:
(i) Exhibits one or more of the characteristics of a dangerous waste; or
(ii) Is designated as DW solely through WAC 173-303-100; or
(iii) Is designated solely as W001, (see WAC 173-303-515);
(f) Spent lead-acid batteries that are being reclaimed (see WAC 173-303-520);
(g) Recyclable materials from which precious metals are reclaimed (see WAC 173-303-525);
(h) Spent antifreeze that is recycled on-site or sent to be recycled off-site (see WAC 173-303-522).
(4) Those recycling processes not specifically discussed in subsections (2) and (3) of this section are generally subject to regulation only up to and including storage prior to recycling. For the purpose of this section, recyclable materials received from off-site will be considered stored unless they are moved into an active recycling process within twenty-four hours after being received. An active recycling process refers to a dynamic recycling operation that occurs within a recycling unit such as a distillation or centrifuge unit. The phrase does not refer to passive storage-like activities that occur, for example, when tanks or containers are used for phase separation or for settling impurities. Passive storage-like activities are not eligible for the recycling exemption under this subsection.
The recycling process itself is generally exempt from permitting unless the department determines, on a case-by-case basis, that the recycling process poses a threat to public health or the environment.
Unless specified otherwise in subsections (2) and (3) of this section:
(a) Generators of recyclable materials are subject to all applicable requirements of this chapter including, but not limited to, WAC 173-303-170 through 173-303-230;
(b) Transporters of recyclable materials are subject to all applicable requirements of this chapter including, but not limited to, WAC 173-303-240 through 173-303-270;
(c) Owners or operators of facilities that receive recyclable materials from off-site and recycle these recyclable materials without storing them before they are recycled are subject to the following requirements:
(i) WAC 173-303-060,
(ii) WAC 173-303-120 (4)(e),
(iii) WAC 173-303-283 through 173-303-290,
(iv) WAC 173-303-310 through 173-303-395,
(v) WAC 173-303-630 (2) through (10), and
(vi) WAC 173-303-640 (2) through (10), except 173-303-640 (8)(c) and the second sentence of WAC 173-303-640 (8)(a) (i.e., a recycler, unless otherwise required to do so, does not have to prepare a closure plan, a cost estimate for closure, or provide financial responsibility for his tank system to satisfy the requirements of this section). In lieu of the dates in WAC 173-303-640 (2) and (4), for existing tank systems regulated under this subsection, owners and operators must complete the assessment of the tank system's integrity by June 1, 1992, and must meet the secondary containment requirements of WAC 173-303-640(4) by January 12, 1993;
(vii) The owner or operator must obtain data, by screening-type analysis if necessary, confirming the designation of each waste stream, such that each dangerous waste received can be effectively recycled without jeopardizing human health or the environment. The owner or operator must verify the waste designation periodically, so that it is accurate and current, but at least once every six months or on a batch basis if shipments of a specific waste stream are less frequent. Copies of all analyses and data must be retained for at least five years and made available to the department upon request.
(d) Owners or operators of facilities that store recyclable materials before they are recycled are subject to the following requirements including, but not limited to:
(i) For all recyclers, the applicable provisions of:
(A) WAC 173-303-280 through 173-303-395,
(B) WAC 173-303-800 through 173-303-840,
(C) WAC 173-303-140 (2)(a),
(D) WAC 173-303-120 (4)(e);
(ii) For recyclers with interim status permits, the applicable storage provisions of WAC 173-303-400 including Subparts F through L of 40 CFR Part 265;
(iii) For recyclers with final facility permits, the applicable storage provisions of:
(A) WAC 173-303-600 through 173-303-650, and
(B) WAC 173-303-660.
(e) Owners and operators of facilities subject to dangerous waste permitting requirements with dangerous waste management units that recycle hazardous wastes are subject to the requirements of WAC 173-303-690 and 173-303-691 (Air emission standards for process vents and equipment leaks) for final status facilities, and 40 CFR Part 265 Subparts AA and BB, incorporated by reference at WAC 173-303-400(3) for interim status facilities.
(5) Use of the used oil recycling statute, chapter 70.95I RCW. This
subsection applies to persons who use or manage used oil as defined under
chapter 70.95I RCW and its implementing regulations, as amended. The
department requires persons who use or manage used oils to do so in
accordance with chapter 70.95I RCW and its implementing regulations, as
amended.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-120, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-120, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 93-02-050 (Order 92-32), 173-303-120,
filed 1/5/93, effective 2/5/93. Statutory Authority: Chapters 70.105
and 70.105D RCW, 40 CFR Part 271.3 and RCRA 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-120, filed 3/7/91, effective 4/7/91.
Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29),
173-303-120, filed 9/6/88; 88-07-039 (Order 87-37), 173-303-120, filed
3/11/88; 87-14-029 (Order DE-87-4), 173-303-120, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-120, filed 6/3/86; 84-14-031 (Order DE
84-22), 173-303-120, filed 6/27/84. Statutory Authority: Chapter
70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), 173-303-120,
filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-140 Land disposal restrictions. (1) Purpose.
(a) The purpose of this section is to encourage the best management practices for dangerous wastes according to the priorities of RCW 70.105.150 which are, in order of priority:
(i) Reduction;
(ii) Recycling;
(iii) Physical, chemical, and biological treatment;
(iv) Incineration;
(v) Stabilization and solidification; and
(vi) Landfill.
(b) This section identifies dangerous wastes that are restricted from land disposal, describes requirements for restricted wastes, and defines the circumstances under which a prohibited waste may continue to be land disposed.
(c) For the purposes of this section, the term "landfill," as stated in the priorities of RCW 70.105.150, will be the same as the term "land disposal." Land disposal will be used in this section to identify the lowest waste management priority.
(2) Applicability.
The land disposal restrictions of this section apply to any person who owns or operates a dangerous waste treatment, storage, or disposal facility in Washington state and to any person who generates or transports dangerous waste.
(a) Land disposal restrictions for wastes designated in accordance
with WAC 173-303-070 (3)(a)(i), (ii), and (iii) are the restrictions set
forth by the Environmental Protection Agency in 40 CFR Part 268 which are
incorporated by reference into this regulation and the restrictions set
forth in subsections (3) through (7) of this section. The words
"regional administrator" (in 40 CFR) will mean the "department((.))",
except for 40 CFR Parts 268.5 and 268.6; 268 Subpart B; and 268.42(b).
The authority for implementing these excluded CFR sections remains with
the U.S. Environmental Protection Agency. The exemption and exception
provisions of subsections (3) through (7) of this section are not
applicable to the federal land disposal restrictions.
(b) Land disposal restrictions for state-only dangerous waste are the restrictions set forth in subsections (3) through (7) of this section.
(3) Definitions.
When used in this section the following terms have the meaning provided in this subsection. All other terms have the meanings given under WAC 173-303-040.
(a) "Dangerous waste constituents" means those constituents listed in WAC 173-303-9905 and any other constituents which have caused a waste to be a dangerous waste under this chapter.
(b) "Land disposal" means placement in a facility or on the land with the intent of leaving the dangerous waste at closure, and includes, but is not limited to, placement for disposal purposes in a: Landfill; surface impoundment; waste pile; injection well; land treatment facility; salt dome or salt bed formation; underground cave or mine; concrete vault or bunker.
(c) "Organic/carbonaceous waste" means a dangerous waste that contains combined concentrations of greater than ten percent organic/carbonaceous constituents in the waste; organic/carbonaceous constituents are those substances that contain carbon-hydrogen, carbon-halogen, or carbon-carbon chemical bonding.
(d) "Solid acid waste" means a dangerous waste that exhibits the
characteristic of low pH under the corrosivity test((s)) of ((either))
WAC 173-303-090 (6)(a)(((ii) or)) (iii).
(e) "Stabilization" and "solidification" mean a technique that limits the solubility and mobility of dangerous waste constituents. Solidification immobilizes a waste through physical means and stabilization immobilizes the waste by bonding or chemically reacting with the stabilizing material.
(4) Land disposal restrictions and prohibitions. The land disposal requirements of this subsection apply to land disposal in Washington state.
(a) Disposal of extremely hazardous waste (EHW). No person may land dispose of EHW, except as provided in subsection (5) of this section, at any land disposal facility in the state. No person may land dispose of EHW at the facility established under RCW 70.105.050, except as provided by subsections (5), (6), and (7) of this section. A person is encouraged to reclaim, recycle, recover, treat, detoxify, neutralize, or otherwise process EHW to remove or reduce its harmful properties or characteristics, provided that such processing is performed in accordance with the requirements of this chapter.
(b) Disposal of liquid waste. Special requirements for bulk and containerized liquids.
(i) Effective May 8, 1985, the placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. (40 CFR 264.314(a) which applies prior to May 8, 1985, is incorporated by reference.)
(ii) Containers holding free liquids must not be placed in a landfill unless:
(A) All free-standing liquid:
(I) Has been removed by decanting, or other methods; or
(II) Has been mixed with sorbent or stabilized (solidified) so that free-standing liquid is no longer observed; or
(III) Has been otherwise eliminated; or
(B) The container is very small, such as an ampule; or
(C) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(D) The container is a labpack and is disposed of in accordance with WAC 173-303-161 and this chapter.
(iii) To demonstrate the absence or presence of free liquids in
either a containerized or a bulk waste, the following tests must be used:
Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods((.))" ((())EPA
Publication ((No.)) SW-846((.))) as incorporated by reference in WAC 173-303-110 (3)(a).
(iv) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: Materials listed or described in (b)(iv)(A) of this subsection; materials that pass one of the tests in (b)(iv)(B) of this subsection; or materials that are determined by the department to be nonbiodegradable through WAC 173-303-910.
(A) Nonbiodegradable sorbents.
(I) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(II) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(III) Mixtures of these nonbiodegradable materials.
(B) Tests for nonbiodegradable sorbents.
(I) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(II) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(III) The sorbent material is determined to be nonbiodegradable under OECD (Organization for Economic Cooperation and Development) test 301B: [CO2 Evolution (Modified Sturm Test)].
(v) Effective November 8, 1985, the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the department, or the department determines, that:
(A) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(B) Placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in 40 CFR Section 144.3.)
(c) Disposal of solid acid waste. No person may land dispose solid acid waste, except as provided in subsections (5), (6), or (7) of this section. A person is encouraged to reclaim, recycle, recover, treat, detoxify, neutralize, or otherwise process these wastes to remove or reduce their harmful properties or characteristics, provided that such processing is performed in accordance with the requirements of this chapter.
(d) Disposal of organic/carbonaceous waste.
(i) No person may land dispose organic/carbonaceous waste, except as provided in subsections (5), (6), or (7) of this section. A person is encouraged to reclaim, recycle, recover, treat, detoxify, or otherwise process these wastes to remove or reduce their harmful properties or characteristics, provided that such processing is performed in accordance with the requirements of this chapter. Organic/carbonaceous wastes must be incinerated as a minimum management method according to the dangerous waste management priorities as defined in subsection (1)(a) of this section.
(ii) This prohibition against the land disposal of organic/carbonaceous waste does not apply to black mud generated from the caustic leach recovery of cryolite at primary aluminum smelting plants.
(iii) This prohibition against the land disposal of organic/carbonaceous waste does not apply to any person who certifies to the department that recycling, treatment and incineration facilities are not available within a radius of one thousand miles from Washington state's borders. Such certification must be sent to the department by certified mail and must include: The name, address and telephone number of the person certifying; a brief description of the organic/carbonaceous waste covered by the certification; a discussion of the efforts undertaken to identify available recycling, treatment and incineration facilities; and the signature of the person responsible for the certification and development of information used to support the certification. Records and information supporting the certification must be retained by the certifying person and must be made available to the department upon request.
A certification that has been properly submitted to the department will remain valid until the department determines that a recycling, treatment or incineration facility is available within a radius of one thousand miles from Washington state's borders and the person who submitted the certification is unable to demonstrate otherwise. A recycling, treatment or incineration facility will be considered by the department to be available if such facility: Is operating, and; can safely and legally recycle, treat or incinerate the organic/carbonaceous waste, and; has sufficient capacity to receive and handle significant amounts of the waste, and; agrees to accept the waste.
(5) Treatment in land disposal facilities. The land disposal restrictions in subsection (4) of this section do not apply to persons treating dangerous wastes in surface impoundments, waste piles, or land treatment facilities provided that such treatment is performed in accordance with the requirements of this subsection and this chapter.
(a) Surface impoundment treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid waste, and organic/carbonaceous waste may be placed in surface impoundments for purposes of treatment provided the owner/operator can demonstrate that effective treatment of the dangerous waste constituents will occur and at closure the owner/operator complies with the prohibitions and restrictions of subsection (4) of this section.
(b) Waste pile treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid waste, and organic/carbonaceous waste may be placed in waste piles for purposes of treatment provided the owner/operator can demonstrate that effective treatment of dangerous waste constituents will occur and that at closure the owner/operator will be in compliance with the prohibitions and restrictions of subsection (4) of this section.
(c) Land treatment.
Liquid waste, extremely hazardous waste (EHW), and organic/carbonaceous waste may be land treated provided that the owner/operator can demonstrate that effective treatment of dangerous waste constituents will occur, and at the end of the post-closure care period the owner/operator will be in compliance with subsection (4) of this section.
(6) Case-by-case exemptions to a land disposal prohibition. Any person may petition the department for an exemption from a prohibition in subsection (4) of this section for the land disposal of a dangerous waste. The procedures to submit a petition to the department are specified in WAC 173-303-910(6). The department may deny any petition if it determines that there is a potential for dangerous waste constituents to migrate from the land disposal facility where the waste is to be placed. The department will deny any petition when exemption would result in a substantial or imminent threat to public health or the environment. The department will deny any petition when exemption would result in a violation of applicable state laws.
The department may grant an exemption from the prohibitions and restrictions of subsection (4) of this section based on the demonstrations specified in (a), (b) or (c) of this subsection.
(a) Land disposal exemption for treatment residuals. Any person may request an exemption from a land disposal prohibition in subsection (4) of this section for treatment residuals by demonstrating to the department that:
(i) The person has applied the best achievable management method to the original waste; and
(ii) Application of additional management methods to the treatment residuals would prevent the person from utilizing the best achievable management methods for the original dangerous waste; and
(iii) The land disposal of the treatment residuals does not pose a greater risk to the public health and the environment than land disposal of the original dangerous waste would pose.
(b) Economic hardship exemption. Any person may request an exemption from a prohibition in subsection (4) of this section for the land disposal of a dangerous waste by demonstrating to the department that alternative management of the dangerous waste will impose an unreasonable economic burden in relation to the threat of harm to public health and the environment. It will be solely within the discretion of the department to approve or deny the requests for exemptions based on economic hardship.
(c) Organic/carbonaceous waste exemption. Any person may request an exemption from the requirements in subsection (4) of this section by demonstrating to the department that:
(i) Alternative management methods for organic/carbonaceous waste are less protective of public health and the environment than stabilization or landfilling; or
(ii)(A) The organic/carbonaceous waste has a heat content less than 3,000 BTU/LB or contains greater than sixty-five percent water or other noncombustible moisture; and
(B) Incineration is the only management method available within a radius of one thousand miles from Washington state's border (i.e., recycling or treatment are not available).
(7) Emergency cleanup provision. The department may, on a case-by-case basis, grant an exception to the land disposal restrictions in
subsection (4) of this section for an emergency cleanup where an imminent
threat to public health and the environment exists. Any exception will
require compliance with applicable state law and will require (consistent
with the nature of the emergency and imminent threat) application of the
waste management priorities of RCW 70.105.150.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-140, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-140, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), 173-303-140, filed 1/5/88, effective 2/5/88; 84-09-088 (Order DE 83-36), 173-303-140, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-140, filed 2/10/82.]
Reviser's note: The brackets and enclosed material in the text of
the above section occurred in the copy filed by the agency and appear in
the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-145 Spills and discharges into the environment. (1) Purpose and applicability. This section sets forth the requirements for any person responsible for a spill or discharge of a dangerous waste or hazardous substance into the environment, except when such release is otherwise permitted under state or federal law. For the purposes of complying with this section, a transporter who spills or discharges dangerous waste or hazardous substances during transportation will be considered the responsible person. This section applies when any dangerous waste or hazardous substance is intentionally or accidentally spilled or discharged into the environment (unless otherwise permitted) such that human health or the environment is threatened, regardless of the quantity of dangerous waste or hazardous substance.
(2) Notification. Any person who is responsible for a spill or nonpermitted discharge must immediately notify the individuals and authorities described for the following situations:
(a) For spills or discharges onto the ground or into groundwater or surface water, notify all local authorities in accordance with the local emergency plan. If necessary, check with the local emergency service coordinator and the fire department to determine all notification responsibilities under the local emergency plan. Also, notify the appropriate regional office of the department of ecology;
(b) For spills or discharges which result in emissions to the air, notify all local authorities in accordance with the local emergency plan. If necessary, check with the local emergency service coordinator and the fire department to determine all notification responsibilities under the local emergency plan. Also, in western Washington notify the local air pollution control authority, or in eastern Washington notify the appropriate regional office of the department of ecology.
(3) Mitigation and control. The person responsible for a spill or nonpermitted discharge must take appropriate immediate action to protect human health and the environment (e.g., diking to prevent contamination of state waters, shutting of open valves).
(a) In addition, the person responsible for a spill or discharge must:
(i) Clean up all released dangerous wastes or hazardous substances, or take such actions as may be required or approved by federal, state, or local officials acting within the scope of their official responsibilities. This may include complete or partial removal of released dangerous wastes or hazardous substances as may be justified by the nature of the released dangerous wastes or hazardous substances, the human and environmental circumstances of the incident, and protection required by the Water Pollution Control Act, chapter 90.48 RCW;
(ii) Designate and treat, store or dispose of all soils, waters, or other materials contaminated by the spill or discharge in accordance with this chapter 173-303 WAC. The department may require testing in order to determine the amount or extent of contaminated materials, and the appropriate designation, treatment, storage, or disposal for any materials resulting from clean-up; and
(iii) If the property on which the spill or discharge occurred is not owned or controlled by the person responsible for the incident, restore the area impacted by the spill or discharge, and replenish resources (e.g., fish, plants) in a manner acceptable to the department.
(b)(i) Where immediate removal ((or)), temporary storage, or
treatment of spilled or discharged dangerous wastes or hazardous
substances is necessary to protect human health or the environment, the
department may direct ((that)) persons to:
((Removal be accomplished)) (A) Remove it without a manifest, by
transporters who do not have EPA/state identification numbers;
(B) Temporarily store it at sites that are protective of human health and the environment and are secure from access by the public; and/or
(C) Treat it to reduce or control the hazards, under WAC 173-303-170.
(ii) When the department seeks to direct persons who are not responsible for a spill or discharge to carry out actions pursuant to this section, it will obtain their concurrence. It is the intent of the department that persons who provide these services may be deemed "good samaritans" under the provisions of chapter 70.136 RCW.
(4) Nothing in WAC 173-303-145 eliminates any obligations to comply
with reporting requirements which may exist in a permit or under other
state or federal regulations.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-145, filed 10/19/95, effective 11/19/95; 92-15-036
(Order 91-44), 173-303-145, filed 7/8/92, effective 8/8/92. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-145, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), 173-303-145, filed 4/18/84. Statutory
Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE
81-33), 173-303-145, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-160 Containers. (1) Waste quantity. Containers and inner liners will not be considered as a part of the waste when measuring or calculating the quantity of a dangerous waste. Only the weight of the residues in nonempty or nonrinsed containers or inner liners will be considered when determining waste quantities.
(2) A container or inner liner is "empty" when:
(a) All wastes in it have been taken out that can be removed using practices commonly employed to remove materials from that type of container or inner liner (e.g., pouring, pumping, aspirating, etc.) and, no more than one inch of waste remains at the bottom of the container or inner liner, or the volume of waste remaining in the container or inner liner is equal to three percent or less of the container's total capacity, or, if the container's total capacity is greater than one hundred ten gallons, the volume of waste remaining in the container or inner liner is no more than 0.3 percent of the container's total capacity. A container which held compressed gas is empty when the pressure inside the container equals or nearly equals atmospheric pressure; and
(b) If the container or inner liner held acutely hazardous waste, as defined in WAC 173-303-040, toxic EHW as defined in WAC 173-303-100 or pesticides bearing the danger or warning label, the container or inner liner has been rinsed at least three times with an appropriate cleaner or solvent. The volume of cleaner or solvent used for each rinsing must be ten percent or more of the container's or inner liner's capacity or of sufficient quantity to thoroughly decontaminate the container. In lieu of rinsing for containers that might be damaged or made unusable by rinsing with liquids (e.g., fiber or cardboard containers without inner liners), an empty container may be vacuum cleaned, struck, with the open end of the container up, three times (e.g., on the ground, with a hammer or hand) to remove or loosen particles from the inner walls and corners, and vacuum cleaned again. Equipment used for the vacuum cleaning of residues from containers or inner liners must be decontaminated before discarding, in accordance with procedures approved by the department. A container or inner liner is also considered "empty" if the container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.
Any rinsate or vacuumed residue which results from the cleaning of containers or inner liners must, whenever possible, be reused in a manner consistent with the original intended purpose of the substance in the container or inner liner. In the case of a farmer, if the rinsate is a pesticide residue then the rinsate must be managed or reused in a manner consistent with the instructions on the pesticide label, provided that when the label instructions specify disposal or burial, such disposal or burial must be on the farmer's own (including rented, leased or tenanted) property. Otherwise, the rinsate must be checked against the designation requirements (WAC 173-303-070 through 173-303-100) and, if designated, managed according to the requirements of this chapter.
(c) In the case of a container, the inner liner, that prevented the container from contact with the commercial chemical product or manufacturing chemical, has been removed.
(3)(a) Any residues remaining in containers or inner liners that are "empty" as described in subsection (2) of this section will not be subject to the requirements of this chapter, and will not be considered as accumulated wastes for the purposes of calculating waste quantities.
(b) Any dangerous waste in either: A container that is not empty, or an inner liner removed from a container that is not empty (as defined in subsection (2) of this section) is subject to the requirements of this chapter.
(4) A person who cannot meet the provisions in (2)(b) of this
section may petition the department to approve alternative container
rinsing processes in accordance with WAC 173-303-910(1).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-160, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-160, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-160, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), 173-303-160, filed 6/3/86; 84-09-088 (Order
DE 83-36), 173-303-160, filed 4/18/84. Statutory Authority: Chapter
70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), 173-303-160,
filed 2/10/82. Formerly WAC 173-302-140.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-180 Manifest. Before transporting dangerous waste or offering dangerous waste for transport off the site of generation, the generator must prepare a manifest and must follow all applicable procedures described in this section.
(1) This subsection describes the form and contents of dangerous waste manifests. 40 CFR Part 262 Appendix - Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions) is adopted by reference. The manifest must be EPA Form 8700-22 and, if necessary, EPA Form 8700-22A. The manifest must be prepared in accordance with the instructions for these forms, as described in the uniform manifest Appendix of 40 CFR Part 262, and in addition must contain the following information in the specified shaded items of the uniform manifest:
(a) Item D - The first transporter's telephone number must be provided in this space;
(b) Item F - If a second transporter is used, then the second transporter's telephone number must be provided in this space;
(c) Item H - The designated receiving facility's telephone number must be provided in this space;
(d) Item I, and R if the continuation sheet 8700-22A is used - The
dangerous waste number (e.g., F001, D006, WT02((, P102))) must be
provided in this space for each corresponding waste entered and described
under Item 11, and 28 if the continuation sheet 8700-22A is used. (Note:
The waste code does not have to be entered in this block if it already
appears in the corresponding U.S. DOT Description block.) As discussed
in subsection (5) of this section, dangerous waste numbers WL01 or WL02
may be used in this space for labpacks;
(e) Item O, (on the continuation sheet 8700-22A) - If a third transporter is used, then the third transporter's telephone number must be provided in this space; and
(f) Item Q, (on the continuation sheet 8700-22A) - If a fourth transporter is used, then the fourth transporter's telephone number must be provided in this space.
(2) The manifest must consist of enough copies to provide the generator, transporter(s), and facility owner/operator with a copy, and a copy for return to the generator.
(3) Manifest procedures.
(a) The generator must:
(i) Sign and date the manifest certification by hand;
(ii) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and
(iii) Retain one copy in accordance with WAC 173-303-210, Generator recordkeeping.
(b) The generator must give the remaining manifest copies to the transporter.
(c) If the transporter is unable to deliver the dangerous waste shipment to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste shipment.
(d) For shipments of dangerous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
(e) For rail shipments of dangerous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this section to:
(i) The next nonrail transporter, if any; or
(ii) The designated facility if transported solely by rail; or
(iii) The last rail transporter to handle the waste in the United States if exported by rail.
(f) For shipments of federally regulated hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
(4) Special requirements for shipments to the Washington EHW facility at Hanford.
(a) All generators planning to ship dangerous waste to the EHW facility at Hanford must notify the facility in writing and by sending a copy of the prepared manifest prior to shipment.
(b) The generator must not ship any dangerous waste without prior approval from the EHW facility. The state operator may exempt classes of waste from the requirements of WAC 173-303-180 (4)(a) and (b) where small quantities or multiple shipments of a previously approved waste are involved, or there exists an emergency and potential threat to public health and safety.
(5) Special instructions for shipment of labpacks. For purposes of
completing the uniform dangerous waste manifest, dangerous waste numbers
WL01 (for labpacks containing wastes designated as EHW) or WL02 (for
labpacks containing wastes designated only as DW) may be used to complete
Items I and R in lieu of the dangerous waste numbers that would otherwise
be assigned to the contents of the labpack.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-180, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-180, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), 173-303-180, filed 6/3/86; 84-14-031 (Order DE 84-22), 173-303-180, filed
6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.
82-05-023 (Order DE 81-33), 173-303-180, filed 2/10/82. Formerly WAC
173-302-180 and 173-302-190.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-201 Special accumulation standards. (1) This section applies to persons who generate more than 220 pounds but less than 2200 pounds per calendar month and do not accumulate on-site more than 2200 pounds of dangerous waste. The special provisions of this section do not apply to acutely hazardous wastes or Toxic EHW (WT01) that exceed the QEL that are being generated or accumulated by the generator.
(2) For purposes of accumulating dangerous waste on-site, persons who generate per month and accumulate on-site less than 2200 pounds (1000 kg) per month of dangerous waste are subject to all applicable provisions of WAC 173-303-200 except as follows:
(a) In lieu of the ninety-day accumulation period, dangerous wastes may be accumulated for one hundred eighty days or less. The department may, on a case-by-case basis, grant a maximum ninety-day extension to this one hundred eighty-day period if the generator must transport his waste, or offer his waste for transportation, over a distance of two hundred miles or more for off-site treatment, storage, or disposal, and the dangerous wastes must remain on-site due to unforeseen, temporary and uncontrollable circumstances;
(b) The generator need not comply with WAC 173-303-330 (Personnel training);
(c) In lieu of the contingency plan and emergency procedures required by WAC 173-303-350 and 173-303-360, the generator must comply with the following:
(i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in (c)(iv) of this subsection. This employee is the emergency coordinator.
(ii) The generator must post the following information next to all emergency communication devices (including telephones, two-way radios, etc.):
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and
(C) The telephone number of the fire department, unless the facility has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow of dangerous waste to the extent possible, and as soon as is practicable, clean up the dangerous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached waters of the state, the generator must immediately notify the department and either the government official designated as the on-scene coordinator, or the National Response Center (using their twenty-four hour toll free number 800/424-8802). The report must include the following information:
(I) The name, address, and EPA/state identification number of the generator;
(II) Date, time, and type of incident (e.g., spill or fire);
(III) Quantity and type of hazardous waste involved in the incident;
(IV) Extent of injuries, if any; and
(V) Estimated quantity and disposition of recovered materials, if any;
(d) For waste that is placed in tanks, generators must comply with
WAC 173-303-202 in lieu of WAC 173-303-200 (1)(b).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-201, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-201, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-201, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-201, filed 6/26/87; 86-12-057 (Order
DE-85-10), 173-303-201, filed 6/3/86.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-210 Generator recordkeeping. (1) The generator must keep a copy of each manifest signed by the initial transporter in accordance with WAC 173-303-180(3), manifest procedures, for three years, or until he receives a signed copy from the designated facility which received the waste. The signed facility copy must be retained for at least five years from the date the waste was accepted by the initial transporter.
(2) The generator must keep a copy of each annual report and exception report as required by WAC 173-303-220 for a period of at least five years from the due date of each report. The generator must keep a copy of his most recent notification (Form 2) until he is no longer defined as a generator under this chapter.
(3) Waste designation records.
(a) The generator must keep records of any test results, waste analyses, or other determinations made in accordance with WAC 173-303-170(1) for designating dangerous waste for at least five years from the date that the waste was last transferred for on-site or off-site treatment, storage, or disposal.
(b) At a minimum, test results must include:
(i) The sample source, sampling date, and sampling procedure used;
(ii) The laboratory performing the test;
(iii) The testing date, and testing method used;
(iv) The analytical result, or the quantitative range of the testing method for analytes not detected.
(4) Any other records required for generators accumulating wastes
on-site as described in WAC ((173-303-170 (4)(b) or)) 173-303-200 or 173-303-201 must be retained for at least five years, including, but not
limited to such items as inspection logs.
(5) The periods of retention for any records described in this section will be automatically extended during the course of any unresolved enforcement action requiring those records or upon request by the director.
(6) All generator records, including plans required by this chapter,
will be made available and furnished upon request by the director.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-210, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-210, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-210, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), 173-303-210, filed 6/3/86; 84-09-088 (Order
DE 83-36), 173-303-210, filed 4/18/84. Statutory Authority: Chapter
70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), 173-303-210,
filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-230 Special conditions. (1) Exporting dangerous waste.
Federal export requirements, administered by EPA, are set forth at 40 CFR 262 Subpart E and 40 CFR 261.5, 261.6, 262.41, and 263.20 and specify the procedures applicable to generators and transporters of hazardous waste (as defined in WAC 173-303-040). These requirements are incorporated by reference. Copies of any forms or reports submitted to the administrator of United States EPA as required by 40 CFR 262 Subpart E must also be submitted to the department.
(2) Importing dangerous waste. When importing dangerous waste from a foreign country into Washington state, the United States importer must comply with all the requirements of this chapter for generators, including the requirements of WAC 173-303-180(1), except that:
(a) In place of the generator's name, address and EPA/state identification number, the name and address of the foreign generator and the importer's name, address and EPA/state identification number must be used; and
(b) In place of the generator's signature on the certification statement, the United States importer or his agent must sign and date the certification and obtain the signature of the initial transporter.
(c) A person who imports hazardous waste must obtain the manifest form from the consignment state if the state supplies the manifest and requires its use. If the consignment state does not supply the manifest form, then the manifest form may be obtained from any source.
(3) Empty containers. For the purposes of this chapter, a person who stores, treats, disposes, transports, or offers for transport empty containers of dangerous waste that were for his own use will not be treated as a generator or as a facility owner/operator if the containers are empty as defined in WAC 173-303-160(2), and either:
(a) The rinsate is not a dangerous waste under this chapter; or
(b) He reuses the rinsate in a manner consistent with the original product or, if he is a farmer and the rinsate contains pesticide residues, he reuses or manages the rinsate in a manner consistent with the instructions on the pesticide label, provided that when the label instructions specify disposal or burial, such disposal or burial must be on the farmer's own (including rented, leased or tenanted) property.
(4) Tank cars. A person rinsing out dangerous waste tote tanks,
truck or railroad tank cars must handle the rinsate according to this
chapter, and according to chapter 90.48 RCW, Water pollution control.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-230, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-230, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-230, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), 173-303-230, filed 6/26/87; 86-12-057 (Order
DE-85-10), 173-303-230, filed 6/3/86; 84-09-088 (Order DE 83-36),
173-303-230, filed 4/18/84. Statutory Authority: RCW 70.95.260 and
chapter 70.105 RCW. 82-05-023 (Order DE 81-33), 173-303-230, filed
2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-280 General requirements for dangerous waste management facilities. (1) Applicability. The requirements of WAC 173-303-280 through 173-303-395 apply to all owners and operators of facilities which store, treat, or dispose of dangerous wastes and which must be permitted under the requirements of this chapter 173-303 WAC, unless otherwise specified in this chapter. Whenever a shipment of dangerous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements for generators, WAC 173-303-170 through 173-303-230.
(2) Imminent hazard. Notwithstanding any provisions of this chapter, enforcement actions may be brought in the event that the management practices of a facility present an imminent and substantial hazard to the public health and the environment, regardless of the quantity or concentration of a dangerous waste.
(3) Identification numbers. Every facility owner or operator must apply for an EPA/state identification number from the department in accordance with WAC 173-303-060.
(4) The owner or operator must comply with the special land disposal restrictions for certain dangerous wastes in WAC 173-303-140.
(5) Salt dome formations, salt bed formations, underground mines and
caves. The placement of any noncontainerized or bulk liquid dangerous
waste in any salt dome formation, salt bed formation, underground mine
or cave is prohibited.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-280, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), 173-303-280, filed 1/5/88, effective 2/5/88; 87-14-029 (Order DE-87-4), 173-303-280, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-280, filed
6/3/86; 84-09-088 (Order DE 83-36), 173-303-280, filed 4/18/84.
Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023
(Order DE 81-33), 173-303-280, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-282 Siting criteria. (1) Purpose. This section establishes siting criteria which serve as an initial screen in the consideration of sites for dangerous waste management facilities. The purpose of the siting criteria is to immediately disqualify proposed dangerous waste facility sites in locations considered unsuitable or inappropriate for the management of dangerous wastes. Under RCW 70.105.200 (1)(d), siting criteria cannot prevent existing dangerous waste management facilities from operating at or below their present level of activity.
A proposed site which is not disqualified under these criteria will be further studied to determine if it qualifies under site specific rules. Compliance with the siting criteria does not imply that a given project at a given location poses an acceptable level of risk, nor does it commit the department to the issuance of a dangerous waste permit. Projects that demonstrate compliance with the siting criteria will be subjected to comprehensive environmental and technical review pursuant to applicable laws and regulations before the department makes a final decision on a dangerous waste permit.
The department may deny a permit or require protective measures such as engineering enhancements or increased setback distances from resources in order to ensure protection of human health and the environment.
(2) Applicability.
(a) Except as otherwise specifically provided, this section applies to:
(i) Owners/operators of proposed facilities; and
(ii) Owners or operators of existing land-based facilities at which an expansion of the land based unit is proposed;
(iii) Owners or operators of existing incinerators at which an expansion is proposed; and
(iv) Owners or operators proposing a significant expansion of other existing dangerous waste management facilities not subject to (a)(i), (ii) and (iii) of this subsection, unless the owner/operator can demonstrate to the satisfaction of the department that the proposed expansion will provide a net increase in protection to human health and the environment beyond that which is currently provided at the facility. However, demonstrations under this subsection (iv) must not result in treatment or storage facilities expanding into land-based or incineration facilities if siting criteria cannot be satisfied.
(b) This section does not apply to:
(i) Owners/operators of facilities or portions of facilities who are applying for research, development and demonstration permits, pursuant to section 3005(g) of the Resource Conservation and Recovery Act, codified in 40 CFR Part 270.65 or WAC 173-303-809;
(ii) Owners/operators of facilities operating under an emergency permit pursuant to WAC 173-303-804;
(iii) Persons at facilities conducting on-site cleanup of sites under the Comprehensive Environmental Response Compensation and Liability Act, Sections 3004(u), 3004(v), and 3008(h) of the Resource Conservation and Recovery Act, chapter 70.105 RCW, or chapter 70.105D RCW, provided the cleanup activities are being conducted under a consent decree, agreed order, or enforcement order, or is being conducted by the department or United States Environmental Protection Agency;
(iv) Persons managing solid wastes who become subject to dangerous waste regulations through amendments to this chapter after the effective date of this section. This provision applies only to those activities operated in accordance with local, state, and federal requirements and which were being conducted prior to becoming subject to Dangerous waste regulations, chapter 173-303 WAC or expansions, if it can be demonstrated to the satisfaction of the department that the proposed expansion of such activities will provide a net increase in protection to human health and the environment beyond that which is currently provided at the facility; or
(v) Owners/operators of facilities which recycle hazardous waste and:
(A) Are otherwise exempt from regulation by this chapter under 120;
(B) Have notified the department pursuant to WAC 173-303-060, prior to the effective date of this section;
(C) Are currently operating as a recycling facility as of the effective date of this regulation; and
(D) Seek only to obtain a tank or container storage permit to support recycling operations under this chapter.
Further, significant expansions of such storage facilities meeting the qualifications for this exemption may be considered under subsection (2)(a)(iv) of this section.
(3) Definitions. Any terms used in this section that are not defined below have the meanings provided in WAC 173-303-040. For the purposes of this section, the following terms have the described meanings:
(a) "Aquifer of beneficial use" means an aquifer that contains sufficient quality and quantity of water to allow it to be withdrawn for beneficial uses which include, but are not limited to, uses for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, or recreational purposes.
(b) "Displacement" means the relative movement of any two sides of a fault measured in any direction.
(c) "Domestic water use" means any water used for human consumption, other domestic activities or livestock watering for which the department has issued a permit of water right for surface water diversions pursuant to chapter 90.03 RCW, or for a well pursuant to chapter 90.44 RCW, or for which the department has received a well water report pursuant to RCW 18.104.050, or for any other valid water right claimed in accordance with chapter 90.14 RCW. This does not apply to wells abandoned in compliance with chapter 173-160 WAC.
(d) "Existing facility" means a facility which has qualified for interim status under WAC 173-303-805 or for which the department has issued a final facility permit under WAC 173-303-806.
(e) "Expansion" means the enlargement of the land surface area of an existing facility from that described in an interim status permit application or final facility permit, the addition of a new dangerous waste management process, or an increase in overall design capacity of existing dangerous waste management processes at a facility. However, a process or equipment change within the existing handling code (not to include "other") as defined under WAC 173-303-380 (2)(d) will not be considered a new dangerous waste management process.
(f) "Fault" means a fracture along which rocks or soils on one side have been displaced with respect to those on the other side.
(g) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.
(h) "Land-based facility" means a dangerous waste management facility which falls under the definition of land disposal as defined in Section 3004(k) of the Resource Conservation and Recovery Act. These facilities use the land as an integral part of their waste management method and include, but are not limited to, landfills, surface impoundments, waste piles, and land treatment facilities. For the purposes of this section, this would not include waste piles in which the dangerous wastes are stored inside or under a structure that provides protection from precipitation and when runoff, leachate, or other types of waste dispersal are not generated under any conditions.
(i) "Nonland based facility" means a facility which does not use the land as an integral part of its waste management method and is not subject to the requirements of WAC 173-303-806 (4)(a)(xxi). These facilities include, but are not limited to, tanks, containers, and incinerators.
(j) "Perennial surface water body" means a surface water body which is normally continuous with natural flows throughout the year or an annually recurring body of water including lakes, rivers, ponds, streams, reservoirs, inland waters, and saltwaters. This does not include roadside ditches or storm drains. However, this definition does apply to irrigation or domestic water supply channels existing, or planned and approved by a governmental agency, at the time an owner/operator submits a notice of intent.
(k) "Preempted facility" means any facility that includes as a significant part of its activities any of the following operations: (i) Landfill; (ii) incineration; (iii) land treatment; (iv) surface impoundment to be closed as a landfill; or (v) waste pile to be closed as a landfill.
(l) "Prime farmland" means the land which has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber or oilseed crops, and is also available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable farming methods. In general, prime farmland has an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. It is permeable to water and air. Prime farmland is not excessively erodible or saturated with water for a long period of time, and it either does not flood frequently or is protected from flooding. Prime farmland will be determined by those general and specific criteria as defined in the National Soils Handbook, Soil Conservation Service, United States Department of Agriculture, Washington, D.C. and 7 CFR 2.62. Areas of prime farmland are identified in the most recent county soil survey maps prepared by the National Cooperative Soil Survey.
(m) "Proposed facility" means a facility which has not qualified for interim status under WAC 173-303-805 or for which the department has not issued a final facility permit under WAC 173-303-806.
(n) "Public gathering places" means a place such as a public or private health care or child care facility; an educational institution; a church; a government institution not associated with dangerous waste management; or a retail shopping center.
(o) "Residence" means any dwelling including, but not limited to, private homes, rental homes, boarding houses, apartments, motels, or hotels.
(p) "Significant expansion" means an expansion of an existing facility, operating under interim status or a final status permit, that is considered a class three modification as designated by 40 CFR Parts 270.41 and 270.42. Examples include, but are not limited to, a modification or addition of container units resulting in greater than a twenty-five percent increase in the facility's container storage capacity, storage of different wastes in containers that require additional or different management practices from those authorized under interim status or by a final status permit, and a modification or addition of tank units resulting in greater than twenty-five percent increase in the facility's capacity. For the purposes of this section, a single or cumulative increase of greater than twenty-five percent of the process design capacity as described in the facility's original Part A permit application will be considered a significant expansion.
(q) "Slope and soil instability" means areas for which there is credible evidence of, or the potential for, landslides, slumps, avalanches, earth or mud flows, or other unsuitable slope conditions.
(r) "Subsidence" means areas for which there is credible evidence of, or potential for, sinking of the land surface. Areas of subsurface mines, caves, cavernous materials, or where there has been significant removal of fluids may provide credible evidence of subsidence.
(s) "Wetland" means land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification a wetland must have one or more of the following three attributes: (i) At least periodically, the land supports predominantly hydrophytes; (ii) the substrate is predominantly undrained hydric soil; and (iii) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. The Joint Federal Methodology for Identifying and Delineating Wetlands must be used for defining the upland boundary of wetlands.
(4) Implementation.
(a) Submittal of information to demonstrate compliance. Documentation that a proposed facility or expansion site meets the siting criteria must be submitted to the department:
(i) In the notice of intent for those facilities for which a notice of intent is filed after the effective date of this section; or
(ii) Within ninety days of the effective date of this section for proposed facilities for which a notice of intent or an application for a Part B permit has been submitted to the department prior to the effective date of this section.
(b) Consultation by department. The department will consult with the lead local government as defined in WAC 173-303-902 (4)(h) and consider those local land use, building, fire, air quality, and transportation standards to the extent they add to and do not conflict with the requirements of this section. Such consultation and consideration will be made prior to the department's rendering of a tentative decision under subsection (4)(c) of this section.
(c) Response by department. Within sixty days of receipt of a demonstration of compliance, the department will undertake one of the following actions:
(i) Return the demonstration of compliance as incomplete with written comments identifying the need for additional information. The owner or operator may resubmit the demonstration of compliance with complete information; or
(ii) Render a written tentative decision to approve or deny the demonstration of compliance.
(d) Public notice and hearing process. The department in making a tentative decision to approve or deny a demonstration of compliance with this section will take the following actions:
(i) For land-based facilities and incinerators:
(A) The department will publish a notice of its tentative decision in a daily or weekly newspaper of general circulation in the potentially affected area, and will give notice by other reasonable methods to persons potentially affected.
(B) The department will hold a public hearing at a location convenient to the public in the potentially affected area. Notice of the date, time, purpose, and place of the hearing will be provided in the publication of notice.
(C) The department will accept comments on its tentative decision for a minimum of forty-five days.
(D) After evaluating all public comments the department will make a final decision in accordance with chapter 34.05 RCW. The department will either approve or deny the owner/operator's demonstration of compliance.
(ii) For nonland-based facilities, excluding incinerators:
(A) The department will publish a notice of its tentative decision in a daily or weekly newspaper of general circulation in the potentially affected area, and will give notice by other reasonable methods to persons potentially affected.
(B) Upon the written request of any interested person, the department may hold a public hearing to consider public comments on the owner or operator's demonstration of compliance. A person requesting the hearing must state the issues to be raised and explain why written comments would not suffice. In any case, if ten or more persons request a public hearing on the subject of the department's tentative decision, the department will hold a public hearing for the purpose of receiving comments.
(C) The department will accept comments on its tentative decision for a minimum of forty-five days.
(D) After evaluating all public comments the department will make a final decision in accordance with chapter 34.05 RCW. The department will either approve or deny the owner or operator's demonstration of compliance.
(5) Appeal of a department decision. Any person who is adversely affected by a decision of the department under this section may appeal the decision to the pollution control hearings board pursuant to the authority of WAC 173-303-845.
(6) Criteria for elements of the natural environment. The following siting criteria establish locations from which facilities are excluded and establish minimum setback distances from identified resources. Unless otherwise stated, setback distances are measured horizontally from the dangerous waste management unit boundary to the identified resource.
These criteria will be used as an initial screening tool in the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more comprehensive evaluation of locational factors will occur during the department's review of a permit application. The department may deny a permit or impose additional setback distances or other permit requirements if necessary to protect human health and the environment.
(a) Earth. The intent of this subsection is to reduce the potential for the release of dangerous waste into the environment because of structural damage to facilities subject to the hazards identified below. The owner/operator must provide supportive geologic, geotechnical, and soils information.
(i) Seismic risk. All dangerous waste management facilities must be located such that the dangerous waste management unit boundary is located at least five hundred feet from a fault which has had displacement in Holocene times.
(ii) Subsidence. No dangerous waste management facility may be located such that the dangerous waste management unit is within an area of subsidence.
(iii) Slope or soil instability. No dangerous waste management facility may be located such that the dangerous waste management unit is within an area of slope or soil instability, nor in the areas affected by unstable slope or soil conditions.
(b) Air. The intent of this subsection is to reduce the potential for further degradation of air quality in areas currently experiencing air quality impacts.
(i) Incineration facilities may not be located in a Class I
((Prevention of Significant Deterioration Air Quality Zone designated
under)) area designated in accordance with Section 162 or 164 of the
Federal Clean Air Act (under WAC 173-300-030(13)).
(ii) Incineration facilities may not be located in a nonattainment area designated by the department unless compensating emission offset can be achieved.
(iii) Proposed incineration facilities must comply with WAC 173-303-806 (4)(a)(xxii) during the permitting process.
(c) Water. The intent of this subsection is to reduce the potential for contaminating waters of the state in the event of a release of dangerous wastes.
(i) Surface water.
(A) Flood, seiche, and tsunami protection.
(I) No dangerous waste management facility or dangerous waste management unit may be located within the one hundred-year flood plain as indicated in the most current Federal Emergency Management Agency maps.
(II) The owner/operator of a nonland-based facility must identify whether the facility is intended to be located within the five hundred-year flood plain, as indicated in the most current Federal Emergency Management Agency maps. Nonland-based facilities will require special design features so as to prevent flooding of the dangerous waste management unit in the event of a five hundred-year flood.
(III) Land-based facilities may not be located within the five hundred-year flood plain as indicated in the most current Federal Emergency Management Agency maps.
(IV) Dangerous waste management facilities may not be located in areas subject to seiches, or coastal flooding including tsunamis or storm surges as indicated in the most current maps of the National Flood Insurance Program of the Federal Emergency Management Agency.
(B) Perennial surface water bodies.
(I) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from a perennial surface water body.
(II) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from a perennial surface water body.
(C) Surface water supply.
(I) No dangerous waste management facility may be located in a
watershed identified in the report submitted to, and approved by, the
department of health under the authority of WAC ((248-54-225(3))) 246-290-135(5), Watershed control.
(II) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest surface water intake for domestic water.
(III) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from the nearest surface water intake for domestic water.
(ii) Ground water. To the extent feasible, proponents of land-based facilities should seek sites with natural site characteristics which are capable of providing protection of ground water resources. Natural features such as low permeability soils and substrata, relatively simple geologic formations, and high rates of evapotranspiration in relation to the seasonal occurrence of precipitation are preferable for the locations of land-based facilities. Proposed land-based facilities must comply with the contingent ground water protection program, WAC 173-303-806 (4)(a)(xxi), during the permitting process.
(A) Depth to ground water.
(I) Nonland-based facilities may not be located in areas where there is less than ten feet vertical separation between the lowest point of the dangerous waste management unit and the seasonal high water level of the uppermost aquifer of beneficial use.
(II) Land-based facilities may not be located in areas where there is less than fifty feet vertical separation between the lowest point of the dangerous waste management unit and the seasonal highwater level of the uppermost aquifer of beneficial use.
(B) Sole source aquifer. No land-based facilities may be located over an area designated as a sole source aquifer under section 1424(e) of the Federal Safe Drinking Water Act (P.L. 93-523).
(C) Ground water management areas. Owners/operators of facilities must identify whether the proposed facility location is within a ground water management area, as proposed or certified pursuant to RCW 90.44.130. In order to maintain consistency with the purpose and substantive requirements of certified ground water management area plans, the department may require additional protective measures or reject inconsistent projects.
(D) Ground water intakes.
(I) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest ground water intake for domestic water.
(II) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from the nearest ground water intake for domestic water.
(E) Special protection areas. Land-based facilities must not be located within ground water special protection areas designated by ecology under the authority of chapter 90.48 RCW.
(d) Plants and animals: Intent. To reduce the potential for dangerous waste contaminating plant and animal habitat in the event of a release of dangerous wastes.
(i) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the following areas:
(A) Wetlands;
(B) Designated critical habitat, for federally listed threatened or endangered species, as defined by the Endangered Species Act of 1973 (P.L. 93-205);
(C) Habitat designated by the Washington department of wildlife as habitat essential to the maintenance or recovery of any state listed threatened or endangered wildlife species;
(D) Natural areas which are acquired or voluntarily registered or dedicated by the owner under chapter 79.70 RCW, Natural area preserves; and
(E) State or federally designated wildlife refuge, preserve, or bald eagle protection area.
(ii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from those areas specified in item (i) above.
(e) Precipitation. The intent of this subsection is to reduce the potential for contaminating waters and soils of the state in the event of a release of dangerous wastes.
Land-based facilities must not be located in areas having a mean annual precipitation level of greater than one hundred inches. The mean annual precipitation map in the U.S. Geological Survey Water-Resources Investigations Report 84-4279 must be used to determine whether a land-based facility is proposed to be located in such an area.
(7) Criteria for elements of the built environment. The following siting criteria establish locations from which facilities are excluded or which require separation from identified land uses. Unless otherwise stated, setback distances are measured horizontally from the dangerous waste management unit boundary to the identified land use.
These criteria must be used as an initial screening tool in the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more comprehensive evaluation of locational factors will occur during the department's review of a permit application. The department may deny a permit or impose additional setback distances or other permit requirements if necessary to protect human health and the environment.
(a) Adjacent land use.
(i) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least two hundred feet from the nearest point of the facility property line.
(ii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the nearest point of the facility property line.
(b) Special land uses.
(i) Wild and scenic rivers. Dangerous waste management facilities must not be located within the viewshed of users on wild and scenic rivers designated by the state or federal government.
(ii) Nonland-based facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from the following:
(A) State or federally designated park, recreation area, or national monument;
(B) Wilderness area as defined by the Wilderness Act of 1964 (P.L. 88-577); and
(C) Land identified as prime farmland at the time a notice of intent is submitted to the department.
(iii) Land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from those land uses specified in item (ii) above.
(c) Residences and public gathering places.
(i) Nonland-based facilities with the exception of incineration facilities must be located such that the dangerous waste management unit boundary is at least five hundred feet from residences or public gathering places.
(ii) Incineration and land-based facilities must be located such that the dangerous waste management unit boundary is at least one-quarter mile from residences or public gathering places.
(d) Land use compatibility. Owners/operators of nonpreempted facilities must conform with local land use zoning designation requirements, as approved by the department under chapter 70.105 RCW.
(e) Archeological sites and historic sites. No dangerous waste
management facility must be located in an archeological site or historic
site designated by the state or federal government.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-282, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-282, filed 12/8/93, effective 1/8/94. Statutory
Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, 173-303-282, filed 9/21/90, effective 10/22/90.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-300 General waste analysis. (1) Purpose. This section requires the facility owner or operator to confirm his knowledge about a dangerous waste before he stores, treats, or disposes of it. The purpose for the analysis is to insure that a dangerous waste is managed properly.
(2) The owner or operator must obtain a detailed chemical, physical, and/or biological analysis of a dangerous waste, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), before he stores, treats, or disposes of it. This analysis must contain the information necessary to manage the waste in accordance with the requirements of this chapter 173-303 WAC. The analysis may include or consist of existing published or documented data on the dangerous waste, or on waste generated from similar processes, or data obtained by testing, if necessary.
(3) The owner or operator of an off-site facility must confirm, by analysis if necessary, that each dangerous waste received at the facility matches the identity of the waste specified on the accompanying manifest or shipping paper.
(4) Analysis must be repeated as necessary to ensure that it is accurate and current. At a minimum, analysis must be repeated:
(a) When the owner or operator has been notified, or has reason to believe, that the process or operation generating the dangerous waste, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), has significantly changed; and
(b) When a dangerous waste received at an off-site facility does not match the identity of the waste specified on the manifest or the shipping paper.
(5) Waste analysis plan. The owner or operator must develop and follow a written waste analysis plan which describes the procedures he will use to comply with the waste analysis requirements of subsections (1), (2), (3), and (4) of this section. He must keep this plan at the facility, and the plan must contain at least:
(a) The parameters for which each dangerous waste, or nondangerous waste if applicable under WAC 173-303-610 (4)(d), will be analyzed, and the rationale for selecting these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsections (1) through (4) of this section);
(b) The methods of obtaining or testing for these parameters;
(c) The methods for obtaining representative samples of wastes for analysis (representative sampling methods are discussed in WAC 173-303-110(2));
(d) The frequency with which analysis of a waste will be reviewed or repeated to ensure that the analysis is accurate and current;
(e) The waste analyses which generators have agreed to supply;
(f) Where applicable, the methods for meeting the additional waste analysis requirements for specific waste management methods as specified in WAC 173-303-400(3) which incorporates by reference the regulations in 40 CFR Part 265 Subparts F through R 265.1034, 265.1063, 268.4(a) and 268.7 for interim status facilities and in WAC 173-303-140 (4)(b), 173-303-395(1), 173-303-630 through 173-303-670, and 40 CFR 264.1034, 264.1063, 268.4(a) and 268.7 for final status facilities;
(g) For off-site facilities, the waste analysis that dangerous waste generators have agreed to supply;
(h) For surface impoundments exempted from land disposal restrictions under 40 CFR 268.4(a), incorporated by reference in WAC 173-303-140(2), the procedures and schedules for:
(i) The sampling of impoundment contents;
(ii) The analysis of test data; and
(iii) The annual removal of residues that are not delisted under 40 CFR 260.22 or which exhibit a characteristic of hazardous waste and either:
(A) Do not meet applicable treatment standards of 40 CFR Part 268, Subpart D; or
(B) Where no treatment standards have been established;
(I) Such residues are prohibited from land disposal under 40 CFR 268.32 or RCRA section 3004(d); or
(II) Such residues are prohibited from land disposal under 40 CFR 268.33(f).
(6) For off-site facilities, the waste analysis plan required in subsection (5) of this section must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:
(a) The procedures which will be used to determine the identity of each movement of waste managed at the facility;
(b) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling; and
(c) The procedures that the owner or operator of an off-site
landfill receiving containerized hazardous waste will use to determine
whether a hazardous waste generator or treater has added a biodegradable
sorbent to the waste in the container.
Comment: WAC 173-303-806 requires that the waste analysis plan be submitted with Part B of the permit application.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-300, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-300, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), 173-303-300, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-300, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-350 Contingency plan and emergency procedures. (1) Purpose. The purpose of this section and WAC 173-303-360 is to lessen the potential impact on the public health and the environment in the event of an emergency circumstance, including a fire, explosion, or unplanned sudden or nonsudden release of dangerous waste or dangerous waste constituents to air, soil, surface water, or ground water by a facility. A contingency plan must be developed to lessen the potential impacts of such emergency circumstances, and the plan must be implemented immediately in such emergency circumstances.
(2) Contingency plan. Each owner or operator must have a
contingency plan at his facility for use in emergencies or sudden or
nonsudden releases which threaten ((the public)) human health and the
environment. If the owner or operator has already prepared a spill
prevention control and countermeasures (SPCC) plan in accordance with
Part 112 of Title 40 CFR or Part 1510 of chapter V, or some other
emergency or contingency plan, he need only amend that plan to
incorporate dangerous waste management provisions that are sufficient to
comply with the requirements of this section and WAC 173-303-360.
(3) The contingency plan must contain the following:
(a) A description of the actions which facility personnel must take to comply with this section and WAC 173-303-360;
(b) A description of the actions which will be taken in the event that a dangerous waste shipment, which is damaged or otherwise presents a hazard to the public health and the environment, arrives at the facility, and is not acceptable to the owner or operator, but cannot be transported, pursuant to the requirements of WAC 173-303-370(5), Manifest system, reasons for not accepting dangerous waste shipments;
(c) A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services as required in WAC 173-303-340(4);
(d) A current list of names, addresses, and phone numbers (office and home) of all persons qualified to act as the emergency coordinator required under WAC 173-303-360(1). Where more than one person is listed, one must be named as primary emergency coordinator, and others must be listed in the order in which they will assume responsibility as alternates. For new facilities only, this list may be provided to the department at the time of facility certification (as required by WAC 173-303-810 (14)(a)(i)), rather than as part of the permit application;
(e) A list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities; and
(f) An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes.
(4) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.
(5) Amendments. The owner or operator must review and immediately amend the contingency plan, if necessary, whenever:
(a) Applicable regulations or the facility permit are revised;
(b) The plan fails in an emergency;
(c) The facility changes (in its design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of dangerous waste or dangerous waste constituents, or in a way that changes the response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-350, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-350, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), 173-303-350, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-350, filed 2/10/82.
Formerly chapter 173-302 WAC.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-380 Facility recordkeeping. (1) Operating record. The owner or operator of a facility must keep a written operating record at their facility. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(a) A description of and the quantity of each dangerous waste received or managed on-site, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by subsection (2) of this section, recordkeeping instructions;
(b) The location of each dangerous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each dangerous waste must be recorded on a map or diagram of each cell or disposal area. For all facilities, this information must include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(c) Records and results of waste analyses and trial tests required by WAC 173-303-300, General waste analysis, and by 40 CFR sections 264.1034, 264.1063, 265.1034, 265.1063, 268.4(a), and 268.7;
(d) Summary reports and details of all incidents that require implementing the contingency plan, as specified in WAC 173-303-360 (2)(k);
(e) Records and results of inspections as required by WAC 173-303-320 (2)(d), General inspection (except such information need be kept only for five years);
(f) Monitoring, testing, or analytical data, and corrective action where required by 40 CFR Part 265 Subparts F through R and sections 265.1034(c) through (f), 265.1035, 265.1063(d) through (i), and 265.1064 for interim status facilities, and by WAC 173-303-630 through 173-303-695 and 40 CFR sections 264.1034(c) through (f), 264.1035, 264.1063(d) through (i), and 264.1064 for final status facilities;
(g) All closure and post-closure cost estimates required for the facility;
(h) For off-site facilities, copies of notices to generators informing them that the facility has all appropriate permits, as required by WAC 173-303-290, Required notices;
(i) Records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to 40 CFR 268.5, a petition pursuant to 40 CFR 268.6, or a certification under 268.8, and the applicable notice required by a generator under 40 CFR 268.7(a);
(j) For an off-site treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under 40 CFR 268.7 or 268.8;
(k) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under 40 CFR 268.7 or 268.8;
(l) For an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under 40 CFR 268.7 and 268.8, whichever is applicable;
(m) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under 40 CFR 268.7, except for the manifest number, and the certification and demonstration if applicable, required under 40 CFR 268.8, whichever is applicable;
(n) For an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under 40 CFR 268.7 or 268.8; and
(o) For an on-site storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under 40 CFR 268.7 or 268.8.
(2) Recordkeeping instructions. This paragraph provides
instructions for recording the portions of the operating record which are
related to describing the types, quantities, and management of dangerous
wastes at the facility. This information must be ((kept)) recorded, as
it becomes available, and maintained in the operating record until
closure of the facility, as follows:
(a) Each dangerous waste received ((or managed)), treated, stored,
or disposed of at the facility must be described by its common name and
by its dangerous waste number(s) from WAC 173-303-080 through 173-303-104. Each listed, characteristic, and criteria waste has its own four-digit dangerous waste number. Where a dangerous waste contains more than
one process waste or waste constituent the waste description must include
all applicable dangerous waste numbers. If the dangerous waste number
is not listed ((then)), the waste description must include the process
which generated the waste;
(b) The waste description must include the waste's physical form (i.e., liquid, solid, sludge, or contained gas);
(c) The estimated or manifest-reported weight, or volume and
density, where applicable, of the dangerous waste must be recorded, using
one of the units of measure specified in Table 1, below; and
((
Unit of Measure Symbol Density
Pounds P
Short tons (2000 lbs) T
Gallons (U.S.) G P/G
Cubic yards Y T/Y
Kilograms K
Tonnes (1000 kg) M
Liters L K/L
Cubic meters C M/C
))
Unit of measure Code1
Gallons G
Gallons per Hour E
Gallons per Day U
Liters L
Liters per Hour H
Liters per Day V
Short Tons (2000 lbs) T
Short Tons per Hour D
Metric Tons per Hour W
Short Tons per Day N
Metric Tons per Day S
Pounds P
Pounds per Hour J
Kilograms K
Kilograms per Hour R
Cubic Yards Y
Cubic Meters C
Acres B
Acre-feet A
Hectares Q
Hectare-meter F
Btu's per Hour I
Footnote: 1Single-digit symbols are used here for data processing purposes.
(d) ((And,)) The ((date(s) and)) method(s) (by handling code(s)) of
management for each dangerous waste received or managed (((treated,
recycled, stored, or disposed of))), and the date(s) of treatment,
recycling, storage, or disposal must be recorded, using the handling
code(s) specified in Table 2, below.
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of dangerous waste received.
1. Storage
S01 Container (barrel, drum, etc.)
S02 Tank
S03 Waste pile
S04 Surface impoundment
S05 Drip Pad
S06 Containment Building (Storage)
S99 Other storage (specify)
2. Treatment
(a) Thermal Treatment
T06 Liquid injection incinerator
T07 Rotary kiln incinerator
T08 Fluidized bed incinerator
T09 Multiple hearth incinerator
T10 Infrared furnace incinerator
T11 Molten salt destructor
T12 Pyrolysis
T13 Wet air oxidation
T14 Calcination
T15 Microwave discharge
((T16 Cement kiln
T17 Lime kiln))
T18 Other (specify)
(b) Chemical treatment
T19 Absorption mound
T20 Absorption field
T21 Chemical fixation
T22 Chemical oxidation
T23 Chemical precipitation
T24 Chemical reduction
T25 Chlorination
T26 Chlorinolysis
T27 Cyanide destruction
T28 Degradation
T29 Detoxification
T30 Ion exchange
T31 Neutralization
T32 Ozonation
T33 Photolysis
T34 Other (specify)
(c) Physical treatment
(i) Separation of components
T35 Centrifugation
T36 Clarification
T37 Coagulation
T38 Decanting
T39 Encapsulation
T40 Filtration
T41 Flocculation
T42 Flotation
T43 Foaming
T44 Sedimentation
T45 Thickening
T46 Ultrafiltration
T47 Other (specify)
(ii) Removal of specific components
T48 Absorption-molecular sieve
T49 Activated carbon
T50 Blending
T51 Catalysis
T52 Crystallization
T53 Dialysis
T54 Distillation
T55 Electrodialysis
T56 Electrolysis
T57 Evaporation
T58 High gradient magnetic separation
T59 Leaching
T60 Liquid ion exchange
T61 Liquid-liquid extraction
T62 Reverse osmosis
T63 Solvent recovery
T64 Stripping
T65 Sand filter
T66 Other (specify)
(d) Biological treatment
T67 Activated sludge
T68 Aerobic lagoon
T69 Aerobic tank
T70 Anaerobic ((lagoon or)) tank
T71 Composting
T72 Septic tank
T73 Spray irrigation
T74 Thickening filter
T75 Trickling filter
T76 Waste stabilization pond
T77 Other (specify)
T78-79 (Reserved)
(e) Boilers and industrial furnaces
T80 Boiler
T81 Cement kiln
T82 Lime kiln
T83 Aggregate kiln
T84 Phosphate kiln
T85 Coke oven
T86 Blast furnace
T87 Smelting, melting, or refining furnace
T88 Titanium dioxide chloride process oxidation reactor
T89 Methane reforming furnace
T90 Pulping liquor recovery furnace
T91 Combustion device used in the recovery of sulfur values from spent sulfuric acid
T92 Halogen acid furnaces
T93 Other industrial furnaces listed in WAC 173-303-040 (specify)
(f) Other treatment
T94 Containment building (treatment)
3. Disposal
D((80)) 79 Underground injection
D((81)) 80 Landfill
D((82)) 81 Land treatment
D((83)) 82 Ocean disposal
D((84)) 83 Surface impoundment
(to be closed as a landfill)
D((85)) 99 Other disposal (specify)
4. Miscellaneous (Subpart X)
X01 Open burning/open detonation
X02 Mechanical processing
X03 Thermal unit
X04 Geologic repository
X99 Other Subpart X (specify)
(3) Availability, retention and disposition of records.
(a) All facility records, including plans, required by this chapter must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is designated by the director.
(b) The retention period for all facility records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director.
(c) A copy of records of waste disposal locations and quantities
under this section must be submitted to the United States EPA regional
administrator, the department, and the local land use and planning
authority upon closure of the facility.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-380, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-380, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), 173-303-380, filed 6/3/86; 84-09-088 (Order
DE 83-36), 173-303-380, filed 4/18/84. Statutory Authority: Chapter
70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), 173-303-380,
filed 2/10/82. Formerly chapter 173-302 WAC.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-395 Other general requirements. (1) Precautions for ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. "No smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this chapter 173-303 WAC, the treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:
(i) Generate extreme heat or pressure, fire or explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(iii) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(iv) Damage the structural integrity of the facility or device containing the waste; or
(v) Through other like means, threaten human health or the environment.
(c) When required to comply with (a) and (b) of this subsection, the owner or operator must document that compliance in the operating record required under WAC 173-303-380(1). This documentation may be based on references to published scientific or engineering literature, data from trial tests, waste analyses, or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
(d) At least yearly, the owner or operator must inspect those areas of his facility where ignitable or reactive wastes are stored. This inspection must be performed in the presence of a professional person who is familiar with the Uniform Fire Code, or in the presence of the local, state, or federal fire marshal. The owner or operator must enter the following information in his inspection log or operating record as a result of this inspection:
(i) The date and time of the inspection;
(ii) The name of the professional inspector or fire marshal;
(iii) A notation of the observations made; and
(iv) Any remedial actions which were taken as a result of the inspection.
(2) Compliance with other environmental protection laws and regulations. In receiving, storing, handling, treating, processing, or disposing of dangerous wastes, the owner/operator must design, maintain and operate his dangerous waste facility in compliance with all applicable federal, state and local laws and regulations (e.g., control of stormwater or sanitary water discharge, control of volatile air emissions, etc.).
(3) ((Asbestos dangerous waste disposal requirements. All asbestos
containing waste material must be disposed of at waste disposal sites
which are operated in accordance with 40 CFR Part 61 Subpart M. Such
sites will not need to comply with any other standards of chapter 173-303
WAC, if they comply with 40 CFR Part 61.)) Reserve.
(4) Loading and unloading areas. TSD facilities which receive or ship manifested shipments of liquid dangerous waste for treatment, storage or disposal must provide for and use an area (or areas) for loading and unloading waste shipments. The loading and unloading area(s) must be designed, constructed, operated and maintained to:
(a) Contain spills and leaks that might occur during loading or unloading;
(b) Prevent release of dangerous waste or dangerous waste constituents to ground or surface waters;
(c) Contain wash waters (if any) resulting from the cleaning of contaminated transport vehicles and load/unload equipment; and
(d) Allow for removal, as soon as possible, of collected wastes resulting from spills, leaks and equipment cleaning (if any) in a manner which assures compliance with (b) of this subsection.
(5) Storage time limit for impoundments and piles.
(a) Except as provided in (b) or (c) of this subsection, dangerous waste may not be stored in a surface impoundment or waste pile for more than five years after the waste was first placed in the impoundment or pile. For the purposes of this requirement, the five-year limit, for waste regulated under this chapter and being stored in impoundments or piles on the effective date of this requirement, will begin on August 1, 1984. The age of stored wastes must be determined on a monthly basis.
The owner/operator of a surface impoundment or waste pile used for storing dangerous waste must develop a written plan, to be kept at the facility, for complying with the five-year storage limit. The plan must describe the operating conditions, waste identification procedures (for keeping track of the age of the wastes), and a waste removal schedule, and at a minimum the plan must include the following elements:
(i) Methods for identifying the age of dangerous wastes placed in the impoundment or pile;
(ii) Where practical, procedures for segregating wastes of different ages. If the wastes cannot be practically segregated, then the age of all wastes placed in the impoundment or pile must be deemed the same age as the oldest waste in the impoundment or pile;
(iii) A schedule for removing dangerous waste from the impoundment or pile, or for disposing of them in a timely manner to assure compliance with the five-year limit;
(iv) A description of the actions to be taken according to the schedule required by (a)(iii) of this subsection;
(v) Procedures for noting in the operating record required by WAC 173-303-380(1) that the requirements of this subsection have been satisfied; and
(vi) Such other requirements as the department specifies.
(b) If the owner/operator of a surface impoundment or waste pile can develop a written plan and schedule for developing and implementing a recycling or treatment process for the wastes stored in his impoundment or pile, then the department may grant an extension to the storage time limit required in (a) of this subsection. Such extension will be granted only once, will only apply to those dangerous wastes covered by the recycling or treatment plan and which are less than five years old on the date that the plan is approved by the department, and will not exceed five years: Provided, That on a case-by-case basis the department may grant an extension of longer than five years, but in no case will any extension be granted for longer than ten years, if the owner/operator of the impoundment or pile can demonstrate to the department's satisfaction that an extension of more than five years will not pose a threat to public health or the environment, and is necessary because: Other treatment or recycling options of shorter durations are not available; the treatment or recycling plan developed by the owner/operator cannot be implemented within five years due to technological circumstances; or, such other reasons as are determined acceptable by the department. Until the department grants the extension by approving the recycling or treatment plan, the owner/operator must continue to comply with the requirements of (a) of this subsection. The recycling or treatment plan and schedule, at a minimum, must:
(i) Specify the wastes which will be recycled or treated in accordance with the plan;
(ii) Describe in detail the recycling or treatment which the owner/operator intends to perform. If the recycling or treatment will involve physical changes to the owner's/operator's facility, the plan must include descriptions of all necessary equipment, processes to be used, site plans, and maps to show any new structures, pipes, channels, waste handling areas, roads, etc.;
(iii) Discuss any permit actions (including issuance or modification) necessary under this chapter, and any other permits which will be required under other federal, state or local laws;
(iv) Establish a schedule for complying with the plan. The schedule must, at a minimum, cover:
(A) The rate at which wastes will be recycled or treated in order to comply with the extension granted by the department;
(B) Construction and equipment installation times as appropriate;
(C) Timing for complying with all required permit actions; and
(D) Such other elements as the department might require;
(v) Describe how the owner/operator will continue to comply with the requirements of (a) of this subsection for all wastes not specified in (b)(i) of this subsection;
(vi) Identify any future occurrences or situations which the owner/operator could reasonably expect to occur and which might cause him to fail to comply with his recycling or treatment plan. The owner/operator must also describe what actions he would take in the event that such occurrences or situations happen;
(vii) Be approved by the department. The plan may not be implemented until it is approved by the department including, if necessary, issuance or modification of a facility permit as required by this chapter. Any extension granted by the department will begin on the date that the plan is approved, or the date five years after the effective date of this subsection, whichever is later; and
(viii) Include any other elements that the department might require.
(c) The owner/operator of a surface impoundment or waste pile is exempted from the requirements of (a) and (b) of this subsection if:
(i) The owner/operator of a surface impoundment or waste pile can demonstrate to the department's satisfaction that the impoundment or pile is not used primarily for storage, but that it is primarily used to actively and effectively neutralize, detoxify, or other wise treat dangerous waste; or
(ii) The owner/operator of a surface impoundment or waste pile can demonstrate to the department's satisfaction that dangerous waste is removed on a frequent basis (at least four times a year) for treatment, recycling or disposal, provided that the amount of waste removed during any five-year period must equal or exceed the amount of waste placed in the impoundment or pile during that five-year period. However, this exemption does not apply to waste removal which is being performed pursuant to a recycling or treatment plan developed and approved under (b) of this subsection; or
(iii) The owner/operator of a surface impoundment or waste pile has demonstrated, through his permit, closure plan or other instrument, that the impoundment or pile is being operated as a land disposal unit and that it will be closed as a landfill.
(6) Labeling for containers and tanks. The owner or operator must
label containers and tanks in a manner which adequately identifies the
major risk(s) associated with the contents for employees, emergency
response personnel and the public (Note--If there is already a system in
use that performs this function in accordance with local, state or
federal regulations, then such system will be adequate). The owner or
operator must ensure that labels are not obscured, removed, or otherwise
unreadable in the course of inspection required under WAC 173-303-320.
For tanks, the label or sign must be legible at a distance of at least
fifty feet. For containers, the owner or operator must affix labels upon
transfer of dangerous waste from one container to another. The owner or
operator must destroy or otherwise remove labels from the emptied
container, unless the container will continue to be used for storing
dangerous waste at the facility.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-395, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), 173-303-395, filed 6/3/86; 84-14-031 (Order DE 84-22), 173-303-395, filed
6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.
82-05-023 (Order DE 81-33), 173-303-395, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-400 Interim status facility standards. (1) Purpose. The purpose of WAC 173-303-400 is to establish standards which define the acceptable management of dangerous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.
(2) Applicability.
(a) The interim status standards apply to owners and operators of facilities which treat, store, transfer, and/or dispose of dangerous waste. For purposes of this section, interim status applies to all facilities which comply fully with the requirements for interim status under Section 3005(e) of the Federal Resource Conservation and Recovery Act or WAC 173-303-805. The interim status standards also apply to those owners and operators of facilities in existence on November 19, 1980, for RCRA wastes and those facilities in existence on August 9, 1982, for state only wastes who have failed to provide the required notification pursuant to WAC 173-303-060 or failed to file Part A of the permit application pursuant to WAC 173-303-805 (4) and (5). Interim status will end after final administrative disposition of the Part B permit application is completed, or may be terminated for the causes described in WAC 173-303-805(8).
(b) Interim status facilities must meet the interim status standards by November 19, 1980, except that:
(i) Interim status facilities which handle only state designated wastes (i.e., not designated by 40 CFR Part 261) must meet the interim status standards by August 9, 1982; and
(ii) Interim status facilities must comply with the additional state interim status requirements specified in subsection (3)(c)(ii), (iii) and (v), of this section, by August 9, 1982.
(c) The requirements of the interim status standards do not apply to:
(i) Persons disposing of dangerous waste subject to a permit issued under the Marine Protection, Research and Sanctuaries Act;
(ii) Reserved;
(iii) The owner or operator of a POTW who treats, stores, or disposes of dangerous wastes, provided that he has a permit by rule pursuant to the requirements of WAC 173-303-802(4);
(iv) The owner or operator of a totally enclosed treatment facility or elementary neutralization or wastewater treatment units as defined in WAC 173-303-040, provided that he has a permit by rule pursuant to the requirements of WAC 173-303-802(5);
(v) Generators accumulating waste for less than ninety days except to the extent WAC 173-303-200 provides otherwise;
(vi) The addition, by a generator, of absorbent material to waste in a container, or of waste to absorbent material in a container, provided that these actions occur at the time the waste is first placed in containers or, in the case of repackaging of previously containerized waste into new containers, at the time the waste is first placed into the new containers and the generator complies with WAC 173-303-200 (1)(b) and 173-303-395 (1)(a) and (b);
(vii) The compaction or sorting, by a generator, of miscellaneous waste forms such as cans, rags, and bottles in a container, so long as the activity is solely for the purpose of reducing waste void space, and so long as these activities are conducted in a manner that protects human health and prevents any release to the environment and the generator complies with WAC 173-303-200 (1)(b) and 173-303-395 (1)(a) and (b);
(viii) Generators treating dangerous waste on-site in tanks ((or)),
containers, or containment buildings that are used for accumulation of
such wastes provided the generator complies with the WAC 173-303-170(3);
(ix) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in WAC 173-303-040, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in 40 CFR section 268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in WAC 173-303-395 (1)(a); and
(x) Any person, other than an owner or operator who is already subject to the final facility standards, who is carrying out an immediate or emergency response to contain or treat a discharge or potential discharge of a dangerous waste or hazardous substance.
((Reserve.))
(xi) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the wastes listed below. These handlers are subject to regulation under WAC 173-303-573, when handling the below listed universal wastes.
(A) Batteries as described in WAC 173-303-573(2); and
(B) Thermostats as described in WAC 173-303-573(3).
(3) Standards.
(a) Interim status standards are the standards set forth by the Environmental Protection Agency in 40 CFR Part 265 Section 265.19 of Subpart B, Subparts F through R, Subpart W, and Subparts AA, BB, and DD which are incorporated by reference into this regulation (including, by reference, any EPA requirements specified in those subparts which are not otherwise explicitly described in this chapter), and:
(i) The land disposal restrictions of WAC 173-303-140; the facility
requirements of WAC 173-303-280 through 173-303-440 except WAC 173-303-335; and the corrective action requirements of WAC 173-303-646(((2)));
(ii) WAC 173-303-630(3), for containers. In addition, for container storage, the department may require that the storage area include secondary containment in accordance with WAC 173-303-630(7), if the department determines that there is a potential threat to public health or the environment due to the nature of the wastes being stored, or due to a history of spills or releases from stored containers. Any new container storage areas constructed or installed after September 30, 1986, must comply with the provisions of WAC 173-303-630(7).
(iii) WAC 173-303-640 (5)(d), for tanks; and
(iv) WAC 173-303-805.
(b) For purposes of applying the interim status standards of 40 CFR Part 265 Subparts F through R, Subpart W, and Subparts AA, BB, and DD to the state of Washington facilities, the federal terms have (and in the case of the wording used in the financial instruments referenced in Subpart H of Part 265, must be replaced with) the following state of Washington meanings:
(i) "Regional administrator" means the "department" except for 40 CFR Parts 270.2; 270.3; 270.5; 270.10 (e)(1),(2) and (4); 270.10 (f) and (g); 270.11 (a)(3); 270.14 (b)(20); 270.32 (b)(2); and 270.51;
(ii) "Hazardous" means "dangerous" except for Subparts AA, BB, and DD. These subparts apply only to hazardous waste as defined in WAC 173-303-040;
(iii) "Compliance procedure" has the meaning set forth in WAC 173-303-040, Definitions;
(iv) "EPA hazardous waste numbers" mean "dangerous waste numbers".
(c) In addition to the changes described in (b) of this subsection, the following modifications are made to interim status standards of 40 CFR Part 265 Subparts F through R, Subpart W, and Subparts AA, BB, and DD:
(i) The words "the effective date of these regulations" means:
(A) November 19, 1980, for facilities which manage any wastes designated by 40 CFR Part 261;
(B) For wastes which become designated by 40 CFR Part 261 subsequent to November 19, 1980, the effective date is the date on which the wastes become regulated;
(C) March 12, 1982, for facilities which manage wastes designated only by WAC 173-303-080 through 173-303-100 and not designated by 40 CFR Part 261;
(D) For wastes which become designated only by WAC 173-303-080 through 173-303-100 and not designated by 40 CFR Part 261 subsequent to March 12, 1982, the effective date is the date on which the wastes become regulated.
(ii) "Subpart N - landfills" has an additional section added which reads: "An owner/operator must not landfill an organic carcinogen or an EHW, as defined by WAC 173-303-080 through 173-303-100, except at the EHW facility at Hanford";
(iii) "Subpart R - underground injection" has an additional section which reads: "Owners and operators of wells are prohibited from disposing of EHW or an organic carcinogen designated under WAC 173-303-080 through 173-303-100";
(iv) "Subpart M - land treatment," section 265.273(b) is modified to replace the words "Part 261, Subpart D of this chapter" with "WAC 173-303-080";
(v) "Subpart F - ground water monitoring," section 265.91(c) includes the requirement that: "Groundwater monitoring wells must be designed, constructed, and operated so as to prevent groundwater contamination. Chapter 173-160 WAC may be used as guidance in the installation of wells";
(vi) "Subpart H - financial requirements" has an additional section which reads: "Any owner or operator who can provide financial assurances and instruments which satisfy the requirements of WAC 173-303-620 will be deemed to be in compliance with 40 CFR Part 265 Subpart H". In 40 CFR Parts 265.143(g) and 265.145(g) the following sentence does not apply to the state: "If the facilities covered by the mechanisms are in more than one Region, identical evidence of financial assurance must be submitted to, and maintained with the Regional Administrators of all such Regions." Instead, the following sentence applies: "If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste or with the appropriate regional administrator if the facility is located in an unauthorized state." In addition, the following sections and any cross-reference to these sections are not incorporated by reference: 40 CFR Parts 265.149 and 265.150; and
(vii) "Subpart J - tank systems" section 265.193(a) is modified so that the dates by which secondary containment (which meets the requirements of that section) must be provided are the same as the dates in WAC 173-303-640 (4)(a).
(viii) "Subpart J - tank systems" section 265.191(a) is modified so that the date by which an assessment of a tank system's integrity must be completed is January 12, 1990.
(ix) "Subpart G - closure and post-closure" section 265.115 is modified to read "Within 60 days of completion of closure of each dangerous waste management unit (including tank systems and container storage areas) and within 60 days of completion of final closure..." In addition, the clean-up levels for removal or decontamination set forth at WAC 173-303-610 (2)(b) apply.
(x) "Subpart B - general facility standards. References to "EPA" (etc.), means the "department" except at 40 CFR 265.11. Additionally, references to "administrator" (etc.), means the "director" except at 40 CFR 265.12(a)."
(xi) The following sections and any cross-reference to these sections are not incorporated or adopted by reference:
(A) 40 CFR Parts 260.1 (b)(4)-(6) and 260.20-22.
(B) 40 CFR Parts 264.1 (d) and (f); 265.1 (c)(4); 264.149-150 and 265.149-150; 264.301(k); and 265.430.
(C) 40 CFR Parts 268.5 and 6; 268 Subpart B; and 268.42(b)((; and
268.44)).
(D) 40 CFR Parts 270.1 (c)(1)(i); 270.60(b); and 270.64.
(E) 40 CFR Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10 (a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2); 124.16; 124.17(b); 124.18; 124.19; and 124.21.
(F) 40 CFR Parts 2.106(b); 2.202(b); 2.205(i); 2.209 (b)-(c); 2.212-213; and 2.301-311.
(4) The requirements of this section apply to owners or operators
of all facilities that treat, store or dispose of hazardous waste
referred to in 40 CFR Part 268, and the 40 CFR Part 268 standards are
considered material conditions or requirements of the interim status
standards incorporated by reference in subsection (3) of this section.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-400, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-400, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-400, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-400, filed 1/4/89; 88-02-057 (Order DE
83-36), 173-303-400, filed 1/5/88, effective 2/5/88; 87-14-029 (Order
DE-87-4), 173-303-400, filed 6/26/87; 86-12-057 (Order DE-85-10),
173-303-400, filed 6/3/86; 84-09-088 (Order DE 83-36), 173-303-400,
filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW
70.95.260. 82-05-023 (Order DE 81-33), 173-303-400, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-505 Special requirements for recyclable materials used in a manner constituting disposal. (1) Applicability.
(a) This section applies to recyclable materials that are applied to or placed on the land:
(i) Without mixing with any other substance(s); or
(ii) After mixing or combining with any other substance(s). These materials will be referred to as "materials used in a manner that constitutes disposal."
(b)(i) Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the product so as to become inseparable by physical means and if such products meet the applicable treatment standards in 40 CFR Part 268 Subpart D (or applicable prohibition levels in 268.32 or RCRA section 3004(d), where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain. Registered commercial fertilizers that are produced for the general public's use that contain recyclable materials also are not subject to regulation provided they meet these same treatment standards or prohibition levels for each recyclable material that they contain. However, zinc-containing fertilizers using hazardous waste K061 that are produced for the general public's use are not presently subject to regulation.
(ii) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of dangerous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in (b)(i) of this subsection and remain subject to regulation.
(2) Recyclable materials used in a manner that constitutes disposal are dangerous wastes and are subject to the following requirements:
(a) For generators, WAC 173-303-170 through 173-303-230;
(b) For transporters, WAC 173-303-240 through 173-303-270; and
(c) For facilities that store or use dangerous wastes in a manner constituting disposal, the applicable requirements of 40 CFR Part 268 (incorporated by reference in WAC 173-303-140 (2)(a) and 173-303-280 through 173-303-840 (except that users of such products are not subject to these standards if the products meet the requirements of subsection (1)(b) of this section).
(d) The use of waste oil, used oil, or other material that is
contaminated with dioxin or any other dangerous waste for dust
suppression or road treatment is prohibited.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-505, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-505, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-505,
filed 1/4/89; 86-12-057 (Order DE-85-10), 173-303-505, filed 6/3/86;
84-09-088 (Order DE 83-36), 173-303-505, filed 4/18/84.]
AMENDATORY SECTION (Amending Order 92-33, filed 12/8/93, effective 1/8/94 WAC 173-303-520 Special requirements for reclaiming spent lead acid battery wastes. This section applies to persons who reclaim (including regeneration) spent lead-acid batteries that are recyclable materials ("spent batteries").
(1) Persons who generate, transport, or collect spent batteries, who
regenerate spent batteries, or who store spent batteries but do not
reclaim them (other than spent batteries that are to be regenerated) are
subject only to the requirements of WAC ((173-303-050, 173-303-145)) 173-303-016 through 173-303-161, and 173-303-960 if such spent batteries are
going to a battery reclaimer.
(2) Owners and operators of battery reclaiming facilities that store spent lead acid batteries prior to reclaiming (other than spent batteries that are to be regenerated) them are subject to the following requirements:
(a) For all reclaimers, the applicable storage provisions of:
(i) WAC 173-303-280 (2) and (3);
(ii) WAC 173-303-282;
(iii) WAC 173-303-283;
(iv) WAC 173-303-290;
(v) WAC 173-303-310 through 173-303-360;
(vi) WAC 173-303-380;
(vii) WAC 173-303-390 (2) and (3);
(viii) WAC 173-303-395; and
(ix) WAC 173-303-800 through 173-303-840.
(b) For reclaimers with interim status permits, the applicable storage provisions of WAC 173-303-400 including Subparts F through L of 40 CFR Part 265;
(c) For reclaimers with final facility permits, the applicable storage provisions of:
(i) WAC 173-303-600 through 173-303-650; and
(ii) WAC 173-303-660.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060 (Order
92-33), 173-303-520, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-520, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), 173-303-520, filed 9/6/88; 88-07-039 (Order 87-37), 173-303-520, filed 3/11/88; 86-12-057 (Order DE-85-10), 173-303-520, filed 6/3/86; 84-14-031 (Order DE 84-22), 173-303-520, filed
6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.
82-05-023 (Order DE 81-33), 173-303-520, filed 2/10/82.]
NEW SECTION
WAC 173-303-522 Special requirements for recycling spent antifreeze. (1) Applicability. This section applies to the recycling of spent antifreeze. Antifreeze means ethylene glycol based coolant used as a heat exchange medium in motor vehicle radiators, motorized equipment, or in other industrial processes. For the purposes of this section recycling means reclamation and reuse, but not burning for energy recovery.
(2) Standards. Persons who generate, transport, or store spent antifreeze but do not reclaim or recycle it are subject to the requirements of WAC 173-303-050, 173-303-145, and 173-303-960 if their spent antifreeze is going to a recycler. Any discharge of spent antifreeze to the environment constitutes disposal and is subject to full regulation under this chapter.
(a) Generator requirements:
(i) Persons who reclaim or recycle their spent antifreeze on-site, or send their antifreeze off-site to be reclaimed or recycled, must keep records for a period of five years from the date of reclamation/recycling.
Proof of reclamation/recycling is either a log for on-site reclamation/recycling or an invoice or bill of lading for off-site reclamation/recycling.
(ii) Containers and tanks used to accumulate spent antifreeze must be labeled "spent antifreeze."
(iii) Spent antifreeze that is to be reclaimed can be accumulated on-site for any length of time, and in any amount.
(iv) During accumulation, spent antifreeze must be stored in a manner to prevent releases to the environment. This includes, but is not limited to, storing wastes in compatible containers, on impermeable surfaces, or in secondary containment structures.
(b) If used antifreeze is mixed with another dangerous waste, generators are subject to the generator requirements, WAC 173-303-170 through 173-303-230.
(c) Persons who generate spent antifreeze that is not reclaimed/recycled, but is otherwise disposed, are subject to all applicable requirements of this chapter.
(3) Transporters and transfer facility requirements:
(a) Persons engaged in routine off-site transportation of spent antifreeze are required to obtain a state/EPA ID number, WAC 173-303-060, and to comply with the transporter requirements, WAC 173-303-240.
(b) If used antifreeze is mixed with another dangerous waste, transporters are subject to the generator requirements, WAC 173-303-170 through 173-303-230.
(c) Transporters who store used antifreeze at a transfer facility are allowed to use tanks or containers as defined in WAC 173-303-040, and store such waste for up to ten days, WAC 173-303-240(5).
Transporters may store used antifreeze at a transfer facility for longer than ten days if they meet the requirements for tank and/or container management, including secondary containment in WAC 173-303-630 through 173-303-640.
(4) Reclamation/recycling facility requirements: Owners and
operators of antifreeze reclaiming/recycling facilities are subject to
the conditions of WAC 173-303-120 (4)(c). These conditions apply equally
to facilities whether or not twenty-four-hour storage of used antifreeze
occurs prior to reclamation.
[]
NEW SECTION
WAC 173-303-573 Standards for universal waste management. (1) Scope.
(a) This section establishes requirements for managing the following:
(i) Batteries as described in subsection (2) of this section;
and
(ii) Thermostats as described in subsection (3) of this section.
(b) This section provides an alternative set of management standards in lieu of regulation under the rest of this chapter except for WAC 173-303-050, 173-303-145, and 173-303-960.
(2) Applicability--Batteries.
(a) Batteries covered under this section.
(i) The requirements of this section apply to persons managing batteries, as described in WAC 173-303-040, except those listed in (b) of this subsection.
(ii) Spent lead-acid batteries which are not managed under WAC 173-303-120 (3)(f) and 173-303-520, are subject to management under this section.
(b) Batteries not covered under this section. The requirements of this section do not apply to persons managing the following batteries:
(i) Spent lead-acid batteries that are managed under WAC 173-303-120(3) and 173-303-520.
(ii) Batteries, as described in WAC 173-303-040, that are not yet wastes under WAC 173-303-016, 173-303-017, or 173-303-070, including those that do not meet the criteria for waste generation in (c) of this subsection.
(iii) Batteries, as described in WAC 173-303-040, that are not dangerous waste. A battery is a dangerous waste if it exhibits one or more of the characteristics or criteria identified in WAC 173-303-090 or 173-303-100.
(c) Generation of waste batteries.
(i) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(ii) An unused battery becomes a waste on the date the handler decides to discard it.
(3) Applicability--Mercury thermostats.
(a) Thermostats covered under this section. The requirements of this section apply to persons managing thermostats, as described in WAC 173-303-040, except those listed in (b) of this subsection.
(b) Thermostats not covered under this section. The requirements of this section do not apply to persons managing the following thermostats:
(i) Thermostats that are not yet wastes under WAC 173-303-016, 173-303-017, or 173-303-070. Paragraph (c) of this subsection describes when thermostats become wastes.
(ii) Thermostats that are not dangerous waste. A thermostat is a dangerous waste if it exhibits one or more of the characteristics or criteria identified in WAC 173-303-090 or 173-303-100.
(c) Generation of waste thermostats.
(i) A used thermostat becomes a waste on the date it is discarded (e.g., sent for reclamation).
(ii) An unused thermostat becomes a waste on the date the handler decides to discard it.
(4) Applicability--Household and conditionally exempt small quantity generator waste.
(a) Persons managing the wastes listed below may, at their option, manage them under the requirements of this section:
(i) Household wastes that are exempt under WAC 173-303-071 (3)(c) and are also of the same type as the universal wastes defined at WAC 173-303-040; and/or
(ii) Small quantity generator wastes that are conditionally exempt under WAC 173-303-070(8) and are also of the same type as the universal wastes defined at WAC 173-303-040.
(b) Persons who commingle the wastes described in (a)(i) and (ii) of this subsection together with universal waste regulated under this section must manage the commingled waste under the requirements of this section.
(5) Reserve.
(6) Applicability--Small quantity handlers of universal waste. Subsections (6) through (16) of this section apply to small quantity handlers of universal waste (as defined in WAC 173-303-040).
(7) Prohibitions.
A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in subsection (13) of this section; or by managing specific wastes as provided in subsection (9) of this section.
(8) Notification.
A small quantity handler of universal waste is not required to notify the department of universal waste handling activities.
(9) Waste management.
(a) Universal waste batteries. A small quantity handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(i) A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(ii) A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):
(A) Sorting batteries by type;
(B) Mixing battery types in one container;
(C) Discharging batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs into individual batteries or cells;
(F) Removing batteries from consumer products; or
(G) Removing electrolyte from batteries.
(iii) A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-100.
(A) If the electrolyte and/or other solid waste exhibit a characteristic or criteria of dangerous waste, it is subject to all applicable requirements of this chapter. The handler is considered the generator of the dangerous electrolyte and/or other waste and is subject to WAC 173-303-170 through 173-303-230.
(B) If the electrolyte or other solid waste is not dangerous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(b) Universal waste thermostats. A small quantity handler of universal waste must manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(i) A small quantity handler of universal waste must contain any universal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the thermostat, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(ii) A small quantity handler of universal waste may remove mercury-containing ampules from universal waste thermostats provided the handler:
(A) Removes the ampules in a manner designed to prevent breakage of the ampules;
(B) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of WAC 173-303-200;
(D) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of WAC 173-303-200;
(E) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(G) Stores removed ampules in closed, nonleaking containers that are in good condition;
(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
(iii)(A) A small quantity handler of universal waste who removes mercury-containing ampules from thermostats must determine whether the following exhibit a characteristic or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-100:
(I) Mercury or clean-up residues resulting from spills or leaks; and/or
(II) Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units).
(B) If the mercury, residues, and/or other solid waste exhibit a characteristic or criteria of dangerous waste, it must be managed in compliance with all applicable requirements of this chapter. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it subject to WAC 173-303-170 through 173-303-230.
(C) If the mercury, residues, and/or other solid waste is not dangerous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(10) Labeling/marking.
A small quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: "Universal Waste-Battery(ies), or "Waste Battery(ies)," or "Used Battery(ies);"
(b) Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, must be labeled or marked clearly with any one of the following phrases: "Universal Waste-Mercury Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury Thermostat(s)."
(11) Accumulation time limits.
(a) A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of (b) of this subsection are met.
(b) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.
(c) A small quantity handler of universal waste who accumulates universal waste must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:
(i) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;
(ii) Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;
(iii) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received;
(iv) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;
(v) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or
(vi) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.
(12) Employee training.
A small quantity handler of universal waste must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
(13) Response to releases.
(a) A small quantity handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A small quantity handler of universal waste must determine whether any material resulting from the release is dangerous waste, and if so, must manage the dangerous waste in compliance with all applicable requirements of this chapter. The handler is considered the generator of the material resulting from the release, and must manage it in compliance with WAC 173-303-170 through 173-303-230.
(14) Off-site shipments.
(a) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
(b) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of subsections (28) through (34) of this section while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR Parts 171 through 180, a small quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172 through 180.
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.
(e) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:
(i) Receive the waste back when notified that the shipment has been rejected, or
(ii) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler must:
(i) Send the shipment back to the originating handler; or
(ii) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
(g) If a small quantity handler of universal waste receives a shipment containing dangerous waste that is not a universal waste, the handler must immediately notify the department of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The department will provide instructions for managing the dangerous waste.
(h) If a small quantity handler of universal waste receives a shipment of nondangerous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(15) Tracking universal waste shipments.
A small quantity handler of universal waste is not required to keep records of shipments of universal waste.
(16) Exports.
A small quantity handler of universal waste who sends universal waste to a foreign destination must:
(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a) (1) through (4), (6), and (b) and 262.57 which are incorporated by reference at WAC 173-303-230(1);
(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in 40 CFR Subpart E of Part 262 which is incorporated by reference at WAC 173-303-230(1); and
(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.
(17) Applicability--Large quantity handlers of universal waste.
Subsections (17) through (27) of this section apply to large quantity handlers of universal waste (as defined in WAC 173-303-040).
(18) Prohibitions.
A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in subsection (24) of this section; or by managing specific wastes as provided in subsection (20) of this section.
(19) Notification.
(a)(i) Except as provided in (a) (ii) and (iii) of this subsection, a large quantity handler of universal waste must have sent written notification of universal waste management to the department, and received an EPA Identification Number, before meeting or exceeding the 5,000 kilogram storage limit.
(ii) A large quantity handler of universal waste who has already notified the department of their dangerous waste management activities and has received an EPA Identification Number is not required to renotify under this section.
(b) This notification must include:
(i) The universal waste handler's name and mailing address;
(ii) The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities;
(iii) The address or physical location of the universal waste management activities;
(iv) A list of all of the types of universal waste managed by the handler (e.g, batteries or thermostats);
(v) A statement indicating that the handler is accumulating more than 11,000 pounds of universal waste at one time and the types of universal waste (e.g, batteries or thermostats) the handler is accumulating above this quantity.
(20) Waste management.
(a) Universal waste batteries. A large quantity handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(i) A large quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(ii) A large quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):
(A) Sorting batteries by type;
(B) Mixing battery types in one container;
(C) Discharging batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs into individual batteries or cells;
(F) Removing batteries from consumer products; or
(G) Removing electrolyte from batteries.
(iii) A large quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-100.
(A) If the electrolyte and/or other solid waste exhibit a characteristic or criteria of dangerous waste, it must be managed in compliance with all applicable requirements of this chapter. The handler is considered the generator of the dangerous electrolyte and/or other waste and is subject to WAC 173-303-170 through 173-303-230.
(B) If the electrolyte or other solid waste is not dangerous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(b) Universal waste thermostats. A large quantity handler of universal waste must manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(i) A large quantity handler of universal waste must contain any universal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the thermostat, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(ii) A large quantity handler of universal waste may remove mercury-containing ampules from universal waste thermostats provided the handler:
(A) Removes the ampules in a manner designed to prevent breakage of the ampules;
(B) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to contain any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of WAC 173-303-200;
(D) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of WAC 173-303-200;
(E) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(G) Stores removed ampules in closed, nonleaking containers that are in good condition;
(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
(iii)(A) A large quantity handler of universal waste who removes mercury-containing ampules from thermostats must determine whether the following exhibit a characteristic or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-100:
(I) Mercury or clean-up residues resulting from spills or leaks; and/or
(II) Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units).
(B) If the mercury, residues, and/or other solid waste exhibit a characteristic or criteria of dangerous waste, it must be managed in compliance with all applicable requirements of this chapter. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to WAC 173-303-170 through 173-303-230.
(C) If the mercury, residues, and/or other solid waste is not dangerous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(21) Labeling/marking.
A large quantity handler of universal waste must label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries (i.e., each battery), or a container or tank in which the batteries are contained, must be labeled or marked clearly with the any one of the following phrases: "Universal Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"
(b) Universal waste thermostats (i.e., each thermostat), or a container or tank in which the thermostats are contained, must be labeled or marked clearly with any one of the following phrases: "Universal Waste-Mercury Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury Thermostat(s)."
(22) Accumulation time limits.
(a) A large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of (b) of this subsection are met.
(b) A large quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity was solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.
(c) A large quantity handler of universal waste must be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:
(i) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;
(ii) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;
(iii) Maintaining an inventory system on site that identifies the date the universal waste being accumulated became a waste or was received;
(iv) Maintaining an inventory system on site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;
(v) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or
(vi) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.
(23) Employee training.
A large quantity handler of universal waste must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
(24) Response to releases.
(a) A large quantity handler of universal waste must immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A large quantity handler of universal waste must determine whether any material resulting from the release is dangerous waste, and if so, must manage the dangerous waste in compliance with all applicable requirements of this chapter. The handler is considered the generator of the material resulting from the release, and is subject to WAC 173-303-145 and 173-303-170 through 173-303-230.
(25) Off-site shipments.
(a) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
(b) If a large quantity handler of universal waste self-transports universal waste off site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of subsections (28) through (34) of this section while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 through 180, a large quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172 through 180;
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.
(e) If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:
(i) Receive the waste back when notified that the shipment has been rejected; or
(ii) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A large quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler must:
(i) Send the shipment back to the originating handler; or
(ii) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
(g) If a large quantity handler of universal waste receives a shipment containing dangerous waste that is not a universal waste, the handler must immediately notify the department of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The department will provide instructions for managing the dangerous waste.
(h) If a large quantity handler of universal waste receives a shipment of nondangerous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(26) Tracking universal waste shipments.
(a) Receipt of shipments. A large quantity handler of universal waste must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received must include the following information:
(i) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent;
(ii) The quantity of each type of universal waste received (e.g., batteries or thermostats);
(iii) The date of receipt of the shipment of universal waste.
(b) Shipments off site. A large quantity handler of universal waste must keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent must include the following information:
(i) The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent;
(ii) The quantity of each type of universal waste sent (e.g., batteries or thermostats);
(iii) The date the shipment of universal waste left the facility.
(c) Record retention.
(i) A large quantity handler of universal waste must retain the records described in (a) of this subsection for at least three years from the date of receipt of a shipment of universal waste.
(ii) A large quantity handler of universal waste must retain the records described in (b) of this subsection for at least three years from the date a shipment of universal waste left the facility.
(27) Exports.
A large quantity handler of universal waste who sends universal waste to a foreign destination must:
(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56(a)(1) through (4), (6), and (b) and 262.57 which are incorporated by reference at WAC 173-303-230(1);
(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in 40 CFR 262 Subpart E which is incorporated by reference at WAC 173-303-230(1); and
(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.
(28) Applicability--Universal waste transporters.
Subsections (28) through (34) of this section apply to universal waste transporters (as defined in WAC 173-303-040).
(29) Prohibitions.
A universal waste transporter is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in subsection (32) of this section.
(30) Waste management.
(a) A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR Part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a dangerous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in WAC 173-303-180. Because universal waste does not require a dangerous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.
(b) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under WAC 173-303-180, they may not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.," nor may the hazardous material's proper shipping name be modified by adding the word "waste."
(31) Storage time limits.
(a) A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days or less.
(b) If a universal waste transporter stores universal waste for more than ten days, the transporter becomes a universal waste handler and must comply with the applicable requirements for small or large quantity handlers (subsections (6) through (27) of this section) while storing the universal waste.
(32) Response to releases.
(a) A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A universal waste transporter must determine whether any material resulting from the release is dangerous waste, and if so, it is subject to all applicable requirements of this chapter. If the waste is determined to be a dangerous waste, the transporter is subject to WAC 173-303-145 and 173-303-170 through 173-303-230.
(33) Off-site shipments.
(a) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.
(b) If the universal waste being shipped off site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR Part 172.
(34) Exports.
A universal waste transporter transporting a shipment of universal waste to a foreign destination may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter must ensure that:
(a) A copy of the EPA Acknowledgment of Consent accompanies the shipment; and
(b) The shipment is delivered to the facility designated by the person initiating the shipment.
(35) Applicability--Destination facilities. Subsections (35) through (37) of this section apply to destination facilities.
(a) The owner or operator of a destination facility (as defined in WAC 173-303-040) is subject to all applicable requirements of WAC 173-303-140 and 173-303-141, 173-303-280 through 173-303-525, 173-303-600 through 173-303-695, 173-303-800 through 173-303-840, and the notification requirement at WAC 173-303-060:
(b) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled must comply with WAC 173-303-120 (4)(c).
(36) Off-site shipments.
(a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.
(b) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, he must contact the shipper to notify him of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility must:
(i) Send the shipment back to the original shipper; or
(ii) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.
(c) If the owner or operator of a destination facility receives a shipment containing dangerous waste that is not a universal waste, the owner or operator of the destination facility must immediately notify the department of the illegal shipment, and provide the name, address, and phone number of the shipper. The department will provide instructions for managing the dangerous waste.
(d) If the owner or operator of a destination facility receives a shipment of nondangerous, nonuniversal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal or state solid waste regulations.
(37) Tracking universal waste shipments.
(a) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received must include the following information:
(i) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;
(ii) The quantity of each type of universal waste received (e.g., batteries or thermostats);
(iii) The date of receipt of the shipment of universal waste.
(b) The owner or operator of a destination facility must retain the records described in (a) of this subsection for at least three years from the date of receipt of a shipment of universal waste.
(38) Imports.
Persons managing universal waste that is imported from a foreign country into the United States are subject to the applicable requirements of this section, immediately after the waste enters the United States, as indicated below:
(a) A universal waste transporter is subject to the universal waste transporter requirements of subsections (28) through (34) of this section.
(b) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of subsections (6) through (27) of this section, as applicable.
(c) An owner or operator of a destination facility is subject to the destination facility requirements of subsections (35) through (37) of this section.
(39) General--Petitions. Subsections (39) and (40) of this section address petitions to include other wastes under this section.
(a) Any person seeking to add a dangerous waste or a category of dangerous waste to this section may petition for a regulatory amendment under subsections (39) and (40) of this section and WAC 173-303-910 (1) and (7).
(b) To be successful, the petitioner must demonstrate to the satisfaction of the department that regulation under the universal waste regulations of this section is: Appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the dangerous waste program. The petition must include the information required by WAC 173-303-910 (1)(b). The petition should also address as many of the factors listed in subsection (40) of this section as are appropriate for the waste or waste category addressed in the petition.
(c) The department will evaluate petitions using the factors listed in subsection (40) of this section. The department will grant or deny a petition using the factors listed in subsection (40) of this section. The decision will be based on the weight of evidence showing that regulation under this section is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the dangerous waste program.
(40) Factors for petitions to include other wastes under this section.
(a) The waste or category of waste, as generated by a wide variety of generators, is listed in WAC 173-303-081 or 173-303-082, or (if not listed) a proportion of the waste stream exhibits one or more characteristics or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-100. (When a characteristic waste is added to the universal waste regulations of this section by using a generic name to identify the waste category (e.g., batteries), the definition of universal waste in WAC 173-303-040 will be amended to include only the dangerous waste portion of the waste category (e.g., dangerous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics or criteria (i.e., is dangerous waste) is subject to the universal waste regulations of this section;
(b) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities);
(c) The waste or category of waste is generated by a large number of generators (e.g., more than 1,000 nationally) and is frequently generated in relatively small quantities by each generator;
(d) Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other dangerous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to subsections (9), (20), and (30) of this section; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport;
(f) Regulation of the waste or category of waste under this section will increase the likelihood that the waste will be diverted from nondangerous waste management systems (e.g., the municipal waste stream, nondangerous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment, or disposal in compliance with the Hazardous Waste Management Act chapter 70.105 RCW, this chapter, and RCRA Subtitle C.
(g) Regulation of the waste or category of waste under this section will improve implementation of and compliance with the dangerous waste regulatory program; and/or
(h) Such other factors as may be appropriate.
[]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-600 Final facility standards. Purpose, scope, and applicability.
(1) The purpose of WAC 173-303-600 through ((173-303-680)) 173-303-695, is to establish minimum state-wide standards which describe the
acceptable management of dangerous waste. In addition to WAC 173-303-600
through ((173-303-680)) 173-303-695, the final facility standards include
WAC 173-303-280 through 173-303-395.
(2) The final facility standards apply to owners and operators of all facilities which treat, store or dispose of dangerous waste, and which are not exempted by subsection (3) of this section.
(3) The final facility standards do not apply to:
(a) Persons whose disposal activities are permitted under the Marine Protection, Research and Sanctuaries Act, except that storage, or treatment facilities where dangerous waste is loaded onto an ocean vessel for incineration or disposal at sea are subject to final facility standards;
(b) Persons whose disposal activities are permitted under the underground injection control program of the Safe Drinking Water Act, except that storage, or treatment facilities needed to handle dangerous wastes are subject to final facility standards;
(c) The owner or operator of a POTW which treats, stores, or disposes of dangerous waste provided he has a permit by rule pursuant to the requirements of WAC 173-303-802(4);
(d) A generator accumulating waste on site in compliance with WAC 173-303-200;
(e) The owner or operator of a facility which is permitted to manage solid waste pursuant to chapter 173-304 WAC, if the only dangerous waste the facility manages is excluded from regulation under this chapter by WAC 173-303-070(8);
(f) A farmer disposing of waste pesticides from his own use provided he complies with WAC 173-303-160 (2)(b);
(g) A transporter storing a manifested shipment of dangerous waste for ten days or less in accordance with WAC 173-303-240(5);
(h) Any person, other than an owner or operator who is already subject to the final facility standards, who is carrying out an immediate or emergency response to contain or treat a discharge or potential discharge of a dangerous waste or hazardous substance;
(i) The owner or operator of a facility which is in compliance with the interim status requirements of WAC 173-303-400 and 173-303-805, until final administrative disposition of his final facility permit;
(j) The owner or operator of a totally enclosed treatment facility or elementary neutralization or wastewater treatment unit as defined in WAC 173-303-040, provided that he has a permit by rule pursuant to the requirements of WAC 173-303-802(5);
(k) The addition, by a generator, of absorbent material to waste in a container, or of waste to absorbent material in a container, provided that these actions occur at the time the waste is first placed in containers or, in the case of repackaging of previously containerized waste into new containers, at the time the waste is first placed into the new containers and the generator complies with WAC 173-303-200 (1)(b) and 173-303-395 (1)(a) and (b);
(l) The compaction or sorting of miscellaneous waste forms such as cans, rags, and bottles in a container, so long as the activity is solely for the purpose of reducing waste void space, and so long as these activities are conducted in a manner that protects human health and prevents any release to the environment and the generator complies with WAC 173-303-200 (1)(b) and 173-303-395 (1)(a) and (b);
(m) Generators treating dangerous waste on-site in tanks ((or)),
containers, or containment buildings that are used for accumulation of
such wastes provided the generator complies with the WAC 173-303-170(3);
((and))
(n) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in WAC 173-303-040, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in 40 CFR section 268.40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in WAC 173-303-395 (1)(a); and
(o) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the wastes listed below. These handlers are subject to regulation under WAC 173-303-573, when handling the below listed universal wastes.
(i) Batteries as described in WAC 173-303-573(2); and
(ii) Thermostats as described in WAC 173-303-573(3).
(4) Reserve.
(5) The owner or operator of a facility which recycles dangerous waste may, for such recycled wastes only, comply with the applicable recycling standards specified in WAC 173-303-120 and 173-303-500 through 173-303-525 in lieu of the final facility standards.
(6) The owner or operator must comply with the special land disposal restrictions for certain dangerous wastes in WAC 173-303-140.
(7) The final facility requirements apply to owners or operators of
all facilities that treat, store, or dispose of hazardous wastes referred
to in 40 CFR Part 268, which is incorporated by reference at WAC 173-303-140(2).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-600, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-600, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-600, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), 173-303-600, filed 9/6/88; 88-07-039 (Order 87-37), 173-303-600, filed 3/11/88; 87-14-029 (Order DE-87-4), 173-303-600, filed 6/26/87; 86-12-057 (Order DE-85-10), 173-303-600, filed
6/3/86; 84-09-088 (Order DE 83-36), 173-303-600, filed 4/18/84.
Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023
(Order DE 81-33), 173-303-600, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-610 Closure and postclosure. (1) Applicability.
(a) Subsections (2) through (6) of this section, (which concern closure), apply to the owners and operators of all dangerous waste facilities.
(b) Subsections (7) through (11) of this section, (which concern postclosure care), apply to the owners and operators of all regulated units (as defined in WAC 173-303-040) at which dangerous waste will remain after closure, to tank systems that are required under WAC 173-303-640(8) to meet the requirements of landfills, to surface impoundments, waste piles, and miscellaneous units as specified in WAC 173-303-650(6), 173-303-660(9), and 173-303-680(4), respectively; to containment buildings that are required under 40 CFR 264.1102 (incorporated by reference at WAC 173-303-695) to meet the requirements for landfills; and, unless otherwise authorized by the department, to the owners and operators of all facilities which, at closure, cannot meet the removal or decontamination limits specified in subsection (2)(b) of this section.
(c) For the purposes of the closure and postclosure requirements, any portion of a facility which closes is subject to the applicable closure and postclosure standards even if the rest of the facility does not close and continues to operate.
(2) Closure performance standard. The owner or operator must close the facility in a manner that:
(a)(i) Minimizes the need for further maintenance;
(ii) Controls, minimizes or eliminates to the extent necessary to protect human health and the environment, postclosure escape of dangerous waste, dangerous constituents, leachate, contaminated run-off, or dangerous waste decomposition products to the ground, surface water, ground water, or the atmosphere; and
(iii) Returns the land to the appearance and use of surrounding land areas to the degree possible given the nature of the previous dangerous waste activity.
(b) Where the closure requirements of this section, or of WAC 173-303-630(10), 173-303-640(8), 173-303-650(6), 173-303-655(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), 173-303-670(8), 173-303-680 (2) through (4), or 40 CFR 264.1102 (incorporated by reference at WAC 173-303-695) call for the removal or decontamination of dangerous wastes, waste residues, or equipment, bases, liners, soils or other materials containing or contaminated with dangerous wastes or waste residue, then such removal or decontamination must assure that the levels of dangerous waste or dangerous waste constituents or residues do not exceed:
(i) For soils, ground water, surface water, and air, the numeric cleanup levels calculated using residential exposure assumptions according to the Model Toxics Control Act Regulations, chapter 173-340 WAC as now or hereafter amended. Primarily, these will be numeric cleanup levels calculated according to MTCA Method B, although MTCA Method A may be used as appropriate, see WAC 173-340-700 through 173-340-760, excluding WAC 173-340-745; and
(ii) For all structures, equipment, bases, liners, etc., clean closure standards will be set by the department on a case-by-case basis in accordance with the closure performance standards of WAC 173-303-610 (2)(a)(ii) and in a manner that minimizes or eliminates post-closure escape of dangerous waste constituents.
(3) Closure plan; amendment of plan.
(a) The owner or operator of a dangerous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the dangerous waste at partial or final closure are required by WAC 173-303-650(6) and 173-303-660(9) to have contingent closure plans. The plan must be submitted with the permit application, in accordance with WAC 173-303-806(4), and approved by the department as part of the permit issuance procedures under WAC 173-303-840. The approved closure plan will become a condition of any permit. The department's decision must assure that the approved closure plan is consistent with subsections (2), (3), (4), (5), and (6) of this section, and the applicable requirements of WAC 173-303-630(10), 173-303-640(8), 173-303-645, 173-303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), 173-303-670(8), 173-303-680(2), and 40 CFR 264.1102 (incorporated by reference at WAC 173-303-695). A copy of the approved plan and all revisions to the plan must be furnished to the department upon request, including request by mail until final closure is completed and certified in accordance with subsection (6) of this section. The plan must identify steps necessary to perform partial and/or final closure of the facility at any point during its active life. The closure plan must include at least:
(i) A description of how each dangerous waste management unit at the facility will be closed in accordance with subsection (2) of this section;
(ii) A description of how final closure of the facility will be conducted in accordance with subsection (2) of this section. The description must identify the maximum extent of the operation which will be unclosed during the active life of the facility;
(iii) An estimate of the maximum inventory of dangerous wastes ever on-site over the active life of the facility. (Any change in this estimate is a minor modification under WAC 173-303-830(4));
(iv) A detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all dangerous wastes, and identification of the type(s) of the off-site dangerous waste management units to be used, if applicable;
(v) A detailed description of the steps needed to remove or decontaminate all dangerous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;
(vi) A detailed description of other activities necessary during the
closure period to ensure that all partial closures and final closure
satisfy the closure performance standards, including, but not limited to,
ground water monitoring, leachate collection, and run-on and run-off
control; ((and))
(vii) A schedule for closure of each dangerous waste management unit
and for final closure of the facility. The schedule must include, at a
minimum, the total time required to close each dangerous waste management
unit and the time required for intervening closure activities which will
allow tracking of the progress of partial and final closure. (For
example, in the case of a landfill unit, estimates of the time required
to treat or dispose of all dangerous waste inventory and of the time
required to place a final cover must be included.) ((Additionally,));
and
(viii) For facilities that use trust funds to establish financial assurance under WAC 173-303-620 (4) or (6) and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.
(b) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the applicable procedures in WAC 173-303-800 through 173-303-840. The written notification or request must include a copy of the amended closure plan for review or approval by the department.
(i) The owner or operator may submit a written notification or request to the department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.
(ii) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved closure plan whenever:
(A) Changes in operating plans or facility design affect the closure plan; or
(B) There is a change in the expected year of closure, if applicable; or
(C) In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.
(iii) The owner or operator must submit a written request for a permit modification including a copy of the amended closure plan for approval at least sixty days prior to the proposed change in facility design or operation, or no later than sixty days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must request a permit modification no later than thirty days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to remove all dangerous waste at closure and is not otherwise required to prepare a contingent closure plan under WAC 173-303-650(6) or 173-303-660(9), must submit an amended closure plan to the department no later than sixty days from the date that the owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the requirements of WAC 173-303-665, or no later than thirty days from that date if the determination is made during partial or final closure. The department will approve, disapprove, or modify this amended plan in accordance with the procedures in WAC 173-303-800 through 173-303-840. The approved closure plan will become a condition of any permit issued.
(iv) The department may request modifications to the plan under the conditions described in (b)(ii) of this subsection. The owner or operator must submit the modified plan within sixty days of the department's request, or within thirty days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the department will be approved in accordance with the procedures in WAC 173-303-800 through 173-303-840.
(c) Notification of partial closure and final closure.
(i) The owner or operator must notify the department in writing at least sixty days prior to the date on which he expects to begin closure of a surface impoundment, waste pile, land treatment, or landfill unit, or final closure of a facility with such a unit. The owner or operator must notify the department in writing at least forty-five days prior to the date on which he expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed.
(ii) The date when he "expects to begin closure" must be either:
(A) No later than thirty days after the date on which any dangerous waste management unit receives the known final volume of dangerous wastes or, if there is a reasonable possibility that the dangerous waste management unit will receive additional dangerous wastes, no later than one year after the date on which the unit received the most recent volume of dangerous waste. If the owner or operator of a dangerous waste management unit can demonstrate to the department that the dangerous waste management unit or facility has the capacity to receive additional dangerous wastes and he has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, the department may approve an extension to this one-year limit; or
(B) For units meeting the requirements of subsection (4)(d) of this section, no later than thirty days after the date on which the dangerous waste management unit receives the known final volume of nondangerous wastes, or if there is a reasonable possibility that the dangerous waste management unit will receive additional nondangerous wastes, no later than one year after the date on which the unit received the most recent volume of nondangerous wastes. If the owner or operator can demonstrate to the department that the dangerous waste management unit has the capacity to receive additional nondangerous wastes and he has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, the department may approve an extension to this one-year limit.
(iii) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order to cease receiving dangerous wastes or to close, then the requirements of (c) of this subsection do not apply. However, the owner or operator must close the facility in accordance with the deadlines established in subsection (4) of this section.
(iv) Removal of wastes and decontamination or dismantling of equipment. Nothing in this subsection will preclude the owner or operator from removing dangerous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.
(4) Closure; time allowed for closure.
(a) Within ninety days after receiving the final volume of dangerous wastes, or the final volume of nondangerous wastes if the owner or operator complies with all applicable requirements in (d) and (e) of this subsection, at a dangerous waste management unit or facility, the owner or operator must treat, remove from the unit or facility, or dispose of on site, all dangerous wastes in accordance with the approved closure plan. The department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that he has taken and will continue to take all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, and either:
(i) The activities required to comply with this paragraph will, of necessity, take longer than ninety days to complete; or
(ii)(A) The dangerous waste management unit or facility has the capacity to receive additional dangerous wastes, or has the capacity to receive nondangerous wastes if the owner or operator complies with (d) and (e) of this subsection;
(B) There is a reasonable likelihood that he or another person will recommence operation of the dangerous waste management unit or the facility within one year; and
(C) Closure of the dangerous waste management unit or facility would be incompatible with continued operation of the site.
(b) The owner or operator must complete partial and final closure activities in accordance with the approved closure plan and within one hundred eighty days after receiving the final volume of dangerous wastes, or the final volume of nondangerous wastes if the owner or operator complies with all applicable requirements in (d) and (e) of this subsection, at the dangerous waste management unit or facility. The department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that he has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating dangerous waste management unit or facility, including compliance with all applicable permit requirements, and either:
(i) The partial or final closure activities will, of necessity, take longer than one hundred eighty days to complete; or
(ii)(A) The dangerous waste management unit or facility has the capacity to receive additional dangerous wastes, or has the capacity to receive nondangerous wastes if the owner or operator complies with (d) and (e) of this subsection;
(B) There is reasonable likelihood that he or another person will recommence operation of the dangerous waste management unit or the facility within one year; and
(C) Closure of the dangerous waste management unit or facility would be incompatible with continued operation of the site.
(c) The demonstrations referred to in (a)(i) and (b)(i) of this subsection must be made as follows: The demonstrations in (a)(i) of this subsection must be made at least thirty days prior to the expiration of the specified ninety-day period; and the demonstration in (b)(i) of this subsection must be made at least thirty days prior to the expiration of the specified one hundred eighty-day period unless the owner or operator is otherwise subject to the deadlines in (d) of this subsection.
(d) The department may allow an owner or operator to receive only nondangerous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of dangerous wastes at that unit if:
(i) The owner or operator requests a permit modification in compliance with all applicable requirements in WAC 173-303-830 and 40 CFR Part 124 and in the permit modification request demonstrates that:
(A) The unit has the existing design capacity as indicated on the part A application to receive nondangerous wastes; and
(B) There is a reasonable likelihood that the owner or operator or another person will receive nondangerous wastes in the unit within one year after the final receipt of dangerous wastes; and
(C) The nondangerous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this part; and
(D) Closure of the dangerous waste management unit would be incompatible with continued operation of the unit or facility; and
(E) The owner or operator is operating and will continue to operate in compliance with all applicable permit requirements; and
(ii) The request to modify the permit includes an amended wastes
analysis plan, ground water monitoring and response program, human
exposure assessment required under RCRA section 3019, and closure and
postclosure plan, and updated cost estimates and demonstrations of
financial assurance for closure and postclosure care as necessary and
appropriate, to reflect any changes due to the presence of dangerous
constituents in the nondangerous wastes, and changes in closure
activities, including the expected year of closure if applicable under
subsection (3)(a)(((vii))) (viii) of this section, as a result of the
receipt of nondangerous wastes following the final receipt of dangerous
wastes; and
(iii) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of nondangerous wastes following receipt of the final volume of dangerous wastes; and
(iv) The request to modify the permit and the demonstration referred to in (d)(i) and (ii) of this subsection are submitted to the department no later than one hundred twenty days prior to the date on which the owner or operator of the facility receives the known final volume of dangerous wastes at the unit, or no later than ninety days after the effective date of this rule in the state in which the unit is located, whichever is later.
(e) In addition to the requirements in (d) of this subsection, an owner or operator of a dangerous wastes surface impoundment that is not in compliance with the liner and leachate collection system requirements in 42 U.S.C. 3004 (o)(1) and 3005 (j)(1) or 42 U.S.C. 3004 (o)(2) or (3) or 3005 (j)(2), (3), (4) or (13) must:
(i) Submit with the request to modify the permit:
(A) A contingent corrective measures plan, unless a corrective action plan has already been submitted under WAC 173-303-645(10); and
(B) A plan for removing dangerous wastes in compliance with (e)(ii) of this subsection; and
(ii) Remove all dangerous wastes from the unit by removing all dangerous liquids, and removing all dangerous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(iii) Removal of dangerous wastes must be completed no later than ninety days after the final receipt of dangerous wastes. The department may approve an extension to this deadline if the owner or operator demonstrates that the removal of dangerous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health and the environment.
(iv) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters of constituents specified in the permit or that exceeds the facility's ground water protection standard at the point of compliance, if applicable, is detected in accordance with the requirements in WAC 173-303-645, the owner or operator of the unit:
(A) Must implement corrective measures in accordance with the approved contingent corrective measures plan required by (e)(i) of this subsection no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;
(B) May continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(C) May be required by the department to implement corrective measures in less than one year or to cease the receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.
(v) During the period of corrective action, the owner or operator must provide semiannual reports to the department that describe the progress of the corrective action program, compile all ground water monitoring data, and evaluate the effect of the continued receipt of nondangerous wastes on the effectiveness of the corrective action.
(vi) The department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in (e)(iv) of this subsection, or fails to make substantial progress in implementing corrective action and achieving the facility's ground water protection standard or background levels if the facility has not yet established a ground water protection standard.
(vii) If the owner or operator fails to implement corrective measures as required in (e)(iv) of this subsection or if the department determines that substantial progress has not been made pursuant to (e)(vi) of this subsection the department will:
(A) Notify the owner or operator in writing that the owner or operator must begin closure in accordance with the deadline in (a) and (b) of this subsection and provide a detailed statement of reasons for this determination; and
(B) Provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than twenty days after the date of the notice.
(C) If the department receives no written comments, the decision will become final five days after the close of the comment period. The department will notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, must be submitted within fifteen days of the final notice and that closure must begin in accordance with the deadlines in (a) and (b) of this subsection.
(D) If the department receives written comments on the decision, it will make a final decision within thirty days after the end of the comment period, and provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the department determines that substantial progress has not been made, closure must be initiated in accordance with the deadlines in (a) and (b) of this subsection.
(E) The final determinations made by the department under (e)(vii)(C) and (D) of this subsection are not subject to administrative appeal.
(5) Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in WAC 173-303-640(8), 173-303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), or under the authority of WAC 173-303-680 (2) and (4). By removing any dangerous wastes or dangerous constituents during partial and final closure, the owner or operator may become a generator of dangerous waste and must handle that waste in accordance with all applicable requirements of WAC 173-303-170 through 173-303-230.
(6) Certification of closure. Within sixty days of completion of closure of each dangerous waste management unit (including tank systems and container storage areas), and within sixty days of the completion of final closure, the owner or operator must submit to the department by registered mail, a certification that the dangerous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification must be signed by the owner or operator and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the department upon request until it releases the owner or operator from the financial assurance requirements for closure under WAC 173-303-620(4).
(7) Postclosure care and use of property.
(a) Postclosure care for each dangerous waste management unit subject to postclosure requirements must begin after completion of closure of the unit and continue for thirty years after that date and must consist of at least the following:
(i) Ground water monitoring and reporting as required by WAC 173-303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and 173-303-680; and
(ii) Maintenance and monitoring of waste containment systems as applicable.
(b) Any time preceding partial closure of a dangerous waste management unit subject to postclosure care requirements or final closure, or any time during the postclosure period for a particular unit, the department may, in accordance with the permit modification procedures in WAC 173-303-800 through 173-303-840:
(i) Shorten the postclosure care period applicable to the dangerous waste management unit, or facility, if all disposal units have been closed, if it finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground water monitoring results, characteristics of the dangerous waste, application of advanced technology, or alternative disposal, treatment, or reuse techniques indicate that the dangerous waste management unit or facility is secure); or
(ii) Extend the postclosure care period applicable to the dangerous waste management unit or facility if it finds that the extended period is necessary to protect human health and the environment (e.g., leachate or ground water monitoring results indicate a potential for migration of dangerous waste at levels which may be harmful to human health and the environment).
(c) The department may require, at partial or final closure, continuation of any of the security requirements of WAC 173-303-310 during part or all of the postclosure period when:
(i) Dangerous wastes may remain exposed after completion of partial or final closure; or
(ii) Access by the public or domestic livestock may pose a hazard to human health.
(d) Postclosure use of property on or in which dangerous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of any containment system, or the function of the facility's monitoring systems, unless the department finds that the disturbance:
(i) Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
(ii) Is necessary to reduce a threat to human health or the environment.
(e) All postclosure care activities must be in accordance with the provisions of the approved postclosure plan as specified in subsection (8) of this section.
(8) Postclosure plan; amendment of plan.
(a) The owner or operator of a dangerous waste disposal unit must have a written postclosure plan. In addition, certain surface impoundments and certain piles from which the owner or operator intends to remove or decontaminate the dangerous wastes at partial or final closure are required by WAC 173-303-650 and 173-303-660, respectively, to have written contingent postclosure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent postclosure plans under WAC 173-303-650 or 173-303-660 must submit a postclosure plan to the department within ninety days from the date that the owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the postclosure requirements. The plan must be submitted with the permit application, in accordance with WAC 173-303-806, and approved by the department as part of the permit issuance procedures under WAC 173-303-840. The approved postclosure plan will become a condition of any permit issued.
(b) For each dangerous waste management unit subject to the requirements of this subsection, the postclosure plan must identify the activities which will be carried on after closure and the frequency of these activities, and include at least:
(i) A description of the planned ground water monitoring activities and frequencies at which they will be performed;
(ii) A description of the planned maintenance activities, and frequencies at which they will be performed to comply with WAC 173-303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and 173-303-680 during the post-closure care period, to ensure:
(A) The integrity of the cap and final cover or other containment structures in accordance with the requirements of 173-303-645, 173-303-650, 173-303-655, 173-303-660, 173-303-665, and 173-303-680; and
(B) The function of the facility monitoring equipment;
(iii) And the name, address, and phone number of the person or office to contact about the dangerous waste disposal unit or facility during the postclosure care period.
(c) Until final closure of the facility, a copy of the approved postclosure plan must be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in (b)(iii) of this subsection must keep the approved postclosure plan during the remainder of the postclosure period.
(d) Amendment of plan. The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved postclosure plan in accordance with the applicable requirements of WAC 173-303-800 through 173-303-840. The written notification or request must include a copy of the amended postclosure plan for review or approval by the department.
(i) The owner or operator may submit a written notification or request to the department for a permit modification to amend the postclosure plan at any time during the active life of the facility or during the postclosure care period.
(ii) The owner or operator must submit a written notification of or request for a permit modification to authorize a change in the approved postclosure plan whenever:
(A) Changes in operating plans or facility design affect the approved postclosure plan; or
(B) There is a change in the expected year of final closure, if applicable; or
(C) Events which occur during the active life of the facility, including partial and final closures, affect the approved postclosure plan.
(iii) The owner or operator must submit a written request for a permit modification at least sixty days prior to the proposed change in facility design or operation, or no later than sixty days after an unexpected event has occurred which has affected the postclosure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all dangerous waste at closure and is not otherwise required to submit a contingent postclosure plan under WAC 173-303-650 or 173-303-660 must submit a postclosure plan to the department no later than ninety days after the date that the owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the requirements of WAC 173-303-665. The department will approve, disapprove, or modify this plan in accordance with the procedures in WAC 173-303-800 through 173-303-840. The approved postclosure plan will become a permit condition.
(iv) The department may request modifications to the plan under the conditions described in (d)(ii) of this subsection. The owner or operator must submit the modified plan no later than sixty days after the department's request, or no later than ninety days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent postclosure plan. Any modifications requested by the department will be approved, disapproved, or modified in accordance with the procedures in WAC 173-303-800 through 173-303-840.
(9) Notice to local land authority. No later than the submission of the certification of closure of each dangerous waste disposal unit, the owner or operator of a disposal facility must submit to the local zoning authority or the authority with jurisdiction over local land use and to the department a survey plat indicating the location and dimensions of landfill cells or other dangerous waste disposal units with respect to permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat filed with the local zoning authority or the authority with jurisdiction over local land use must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the dangerous waste disposal unit in accordance with the applicable requirements of this section. In addition, no later than sixty days after certification of closure of each dangerous waste disposal unit, the owner or operator must submit to the local zoning authority or the authority with jurisdiction over local land use and to the department, a record of the type, location, and quantity of dangerous wastes disposed of within each cell or other disposal unit of the facility. For wastes disposed of before November 19, 1980 (March 12, 1982, for facilities subject to this chapter but not subject to 40 CFR Part 264), the owner or operator must identify the type, location, and quantity of the dangerous wastes to the best of his knowledge and in accordance with any records he has kept.
(10) Notice in deed to property.
(a) No later than sixty days after certification of closure of each dangerous waste disposal unit, the owner or operator must submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location, and quantity of dangerous wastes disposed of within each cell or other disposal unit of the facility. For hazardous wastes (as defined in WAC 173-303-040) disposed of before January 12, 1981, the owner or operator must identify the type, location, and quantity of the dangerous wastes to the best of his knowledge and in accordance with any records he has kept.
(b) Within sixty days of certification of closure of the first dangerous waste disposal unit and within sixty days of certification of closure of the last dangerous waste disposal unit, the owner or operator must:
(i) Record, in accordance with state law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) The land has been used to manage dangerous wastes;
(B) Its use is restricted under this section; and
(C) The survey plat and record of the type, location, and quantity of dangerous wastes disposed of within each cell or other dangerous waste disposal unit of the facility required in subsection (9) of this section have been filed with the local zoning authority, or the authority with jurisdiction over local land use, and with the department; and
(ii) Submit a certification, signed by the owner or operator, that he has recorded the notation specified in (b)(i) of this subsection, including a copy of the document in which the notation has been placed, to the department.
(c) If the owner or operator or any subsequent owner of the land upon which a dangerous waste facility was located wishes to remove dangerous wastes and dangerous waste residues, the liner, if any, or contaminated soils, he must request a modification to the postclosure permit in accordance with the applicable requirements in WAC 173-303-800 through 173-303-840. The owner or operator must demonstrate that the removal of dangerous wastes will satisfy the criteria of subsection (7)(d) of this section. By removing dangerous waste, the owner or operator may become a generator of dangerous waste and must manage it in accordance with all applicable requirements of this chapter. If he is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the department approve either:
(i) The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or
(ii) The addition of a notation to the deed or instrument indicating the removal of the dangerous waste.
(11) Certification of completion of postclosure care. No later than
sixty days after completion of the established postclosure care period
for each dangerous waste disposal unit, the owner or operator must submit
to the department, by registered mail, a certification that the
postclosure care period for the dangerous waste disposal unit was
performed in accordance with the specifications in the approved
postclosure plan. The certification must be signed by the owner or
operator and an independent registered professional engineer.
Documentation supporting the independent registered professional
engineer's certification must be furnished to the department upon request
until he releases the owner or operator from the financial assurance
requirements for postclosure care under WAC 173-303-620(6).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-610, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), 173-303-610, filed 12/8/93, effective 1/8/94. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-610, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-610, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-610, filed 6/26/87; 84-14-031 (Order DE 84-22), 173-303-610, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter
70.105 RCW. 82-05-023 (Order DE 81-33), 173-303-610, filed 2/10/82.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-620 Financial requirements. (1) Applicability.
(a) The requirements of subsections (3), (4), (7), (8), (9), and (10) of this section, apply to owners and operators of all dangerous waste facilities, except as provided otherwise in this section.
(b) The requirements of subsections (5) and (6) of this section apply to owners and operators of:
(i) Dangerous waste disposal facilities;
(ii) Tank systems that are required under WAC 173-303-640(8) to meet the requirements of landfills;
(iii) Miscellaneous units as specified in WAC 173-303-680(4);
(iv) Waste piles and surface impoundments to the extent that WAC 173-303-650 and 173-303-660, respectively, require that such facilities comply with this section; and
(v) Containment buildings that are required under WAC 173-303-695 to meet the requirements for landfills.
(c) States and the federal government((, and operators of state or
federally owned facilities,)) are exempt from the requirements of this
section. Operators of state or federally owned facilities are exempt
from the requirements of this section, except subsections (3) and (5) of
this section. Operators of facilities who are under contract with (but
not owned by) the state or federal government must meet all of the
requirements of this section.
(2) Definitions. As used in this section, the following listed or referenced terms have the meanings given below:
(a) "Closure plan" means the plan for closure prepared in accordance with the requirements of WAC 173-303-610(3);
(b) "Current closure cost estimate" means the most recent of the estimates prepared in accordance with subsection (3) of this section;
(c) "Current postclosure cost estimate" means the most recent of the estimates prepared in accordance with subsection (5) of this section;
(d) "Parent corporation" means a corporation which directly owns at least fifty percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation;
(e) "Postclosure plan" means the plan for postclosure care prepared in accordance with the requirements of WAC 173-303-610 (7), (8), (9), and (10);
(f) "Regional administrator" means the department;
(g) "Hazardous waste" means dangerous waste; and
(h) The additional terms listed and defined in 40 CFR 264.141 (f),
(g), and (h) are ((adopted)) incorporated by reference.
(3) Cost estimate for facility closure.
(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in WAC 173-303-610 (2) through (6), and applicable closure requirements in WAC 173-303-630(10), 173-303-640(5), 173-303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), 173-303-670(8), 173-303-680 (2) through (4) and 173-303-695. The closure cost estimate:
(i) Must equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see WAC 173-303-610 (3)(a));
(ii) Must be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in subsection (2)(d) of this section.) The owner or operator may use costs for on-site disposal if he can demonstrate that on-site disposal capacity will exist at all times over the life of the facility;
(iii) May not incorporate any salvage value that may be realized with the sale of dangerous wastes, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure; and
(iv) May not incorporate a zero cost for dangerous wastes, or nondangerous wastes if applicable under WAC 173-303-610 (4)(d), that might have economic value.
(b) During the active life of the facility, the owner or operator must revise the closure cost estimate no later than thirty days after the department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in (c)(i) and (ii) of this subsection.
(c) During the active life of the facility, the owner or operator must adjust the closure cost estimate for inflation within sixty days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with this section. For owners and operators using the financial test or corporate guarantee, the closure cost estimate must be updated for inflation within thirty days after the close of the firm's fiscal year and before submission of updated information to the department as specified in subsection (4) of this section. The adjustment may be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product or Gross Domestic Product as published by the United States Department of Commerce in its survey of current business. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.
(i) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(ii) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(d) During the operating life of the facility, the owner or operator must keep at the facility the latest closure cost estimate prepared in accordance with (a) and (b) of this subsection, and, when this estimate has been adjusted in accordance with (c) of this subsection, the latest adjusted closure cost estimate.
(4) Financial assurance for facility closure.
(a) An owner or operator of a TSD facility must establish financial assurance for closure of the facility. The owner or operator must choose from the following options or combination of options:
(i) Closure trust fund;
(ii) Surety bond guaranteeing payment into a closure trust fund;
(iii) Surety bond guaranteeing performance of closure;
(iv) Closure letter of credit;
(v) Closure insurance; or
(vi) Financial test and corporate guarantee for closure.
(b) In satisfying the requirements of financial assurance for facility closure in this subsection, the owner or operator must meet all the requirements set forth in 40 CFR 264.143 which are incorporated by reference. If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste or with the appropriate regional administrator if the facility is located in an unauthorized state.
(5) Cost estimate for postclosure monitoring and maintenance.
(a) The owner or operator of a facility subject to postclosure monitoring or maintenance requirements must have a detailed written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure regulations in WAC 173-303-610 (7) through (10), 173-303-650(6), 173-303-655(8), 173-303-660(9), 173-303-665(6), and 173-303-680(4). The postclosure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in subsection (2)(d) of this section.) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required by WAC 173-303-610.
(b) During the active life of the facility, the owner or operator must revise the postclosure cost estimate within thirty days after the department has approved the request to modify the postclosure plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate must be adjusted for inflation as specified in (c)(i) and (ii) of this subsection.
(c) During the active life of the facility, the owner or operator must adjust the postclosure cost estimate for inflation within sixty days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with subsection (6) of this section. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be updated for inflation within thirty days after the close of the firm's fiscal year and before the submission of updated information to the department as specified in subsection (6) of this section. The adjustment may be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product or Gross Domestic Product as published by the United States Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year.
(i) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
(ii) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
(d) During the operating life of the facility, the owner or operator must keep at the facility the latest postclosure cost estimate prepared in accordance with (a) and (b) of this subsection, and, when this estimate has been adjusted in accordance with (c) of this subsection, the latest adjusted postclosure cost estimate.
(6) Financial assurance for postclosure monitoring and maintenance.
(a) An owner or operator of a facility subject to postclosure monitoring or maintenance requirements must establish financial assurance for postclosure care in accordance with the approved postclosure care plan. He must choose from the following options or combination of options:
(i) Postclosure trust fund;
(ii) Surety bond guaranteeing payment into a postclosure trust fund;
(iii) Surety bond guaranteeing performance of postclosure care;
(iv) Postclosure letter of credit;
(v) Postclosure insurance; or
(vi) Financial test and corporate guarantee for postclosure care.
(b) In satisfying the requirements of financial assurance for facility postclosure care in this subsection, the owner or operator must meet all the requirements set forth in 40 CFR 264.145 which are incorporated by reference. If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste or with the appropriate regional administrator if the facility is located in an unauthorized state.
(7) Use of a mechanism for financial assurance of both closure and postclosure care. An owner or operator may satisfy the requirements for financial assurance for both closure and postclosure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for the mechanism in both 40 CFR 264.143 and 264.145 which are incorporated by reference. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of postclosure care.
(8) Liability requirements.
(a) An owner or operator of a TSD facility or a group of such facilities must demonstrate financial responsibility for bodily injury and property damages to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must meet the requirements of 40 CFR 264.147(a) which is incorporated by reference.
(b) An owner or operator of a facility with a regulated unit or units (as defined in WAC 173-303-040) or a disposal miscellaneous unit or units used to manage dangerous waste or a group of such facilities must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must meet the requirements of 40 CFR 264.147(b), 264.177 (f), (g), (h), (i), and (j) which are incorporated by reference.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the department that the levels of financial responsibility required by (a) or (b) of this subsection are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the department. The request for a variance must be submitted to the department as part of the application under WAC 173-303-806(4) for a facility that does not have a permit, or pursuant to the procedures for permit modification under WAC 173-303-830 for a facility that has a permit. If granted, the variance will take the form of an adjusted level of required liability coverage, such level to be based on the department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The department may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the department to determine a level of financial responsibility other than that required by (a) or (b) of this subsection. Any request for a variance for a permitted facility will be treated as a request for a permit modification under WAC 173-303-830.
(d) Adjustments by the department. If the department determines that the levels of financial responsibility required by (a) or (b) of this subsection are not consistent with the degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the department may adjust the level of financial responsibility required under (a) or (b) of this subsection as may be necessary to protect human health and the environment. This adjusted level will be based on the department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the department determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that has no regulated units (as defined in WAC 173-303-040), it may require that the owner or operator of the facility comply with (b) of this subsection. An owner or operator must furnish to the department within a reasonable time, any information which the department requests to determine whether cause exists for such adjustments of level or type of coverage. Any adjustments of level or type of coverage for a facility that has a permit will be treated as a permit modification under WAC 173-303-830.
(e) Period of coverage. An owner or operator must continuously provide liability coverage for a facility as required by this subsection until certifications of closure of the facility, as specified in WAC 173-303-610(6), are received by the department.
(f) The following subsections are incorporated by reference: 40 CFR section 260.147(f), Financial test for liability coverage, (g) Guarantee for liability coverage, (h) Letter of credit for liability coverage, (i) Surety bond for liability coverage, and (j) Trust fund for liability coverage.
(9) Incapacity of owners or operators, guarantor or financial institutions.
(a) An owner or operator must notify the department by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming the owner or operator as debtor, within ten days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in 40 CFR 264.143(f) and 264.145(f) must make such a notification if he is named as debtor, as required under the terms of the corporate guarantee (40 CFR 264.151(h)).
(b) An owner or operator who fulfills the requirements of 40 CFR 264.143, 264.145, or 264.147 (a) or (b) by obtaining a trust fund, surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator must establish other financial assurance or liability coverage within sixty days after such an event.
(10) Wording of the instruments. The financial instruments required by this section must contain the wording specified by 40 CFR 264.151 which is incorporated by reference, except that:
(a) The words "regional administrator" and "environmental protection
agency" must be replaced with the ((word "department")) words Washington
state department of ecology;
(b) The words "hazardous waste" must be replaced with the words
"dangerous waste"; ((and))
(c) Any other words specified by the department must be changed as necessary to assure financial responsibility of the facility in accordance with the requirements of this section; and
(d) Whenever 40 CFR 264.151 requires that owners and operators notify several regional administrators of their financial obligations, the owner or operator must notify both the department and all regional administrators of regions that are affected by the owner or operator's financial assurance mechanisms.
Copies of the financial instruments with the appropriate word
changes will be available from the department by June 30, 1984.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-620, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA
3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), 173-303-620, filed
3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), 173-303-620, filed 1/4/89; 87-14-029 (Order DE-87-4), 173-303-620, filed 6/26/87; 84-09-088 (Order DE 83-36), 173-303-620, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter
70.105 RCW. 82-05-023 (Order DE 81-33), 173-303-620, filed 2/10/82.
Formerly WAC 173-302-340.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-665 Landfills. (1) Applicability. The regulations in this section apply to owners and operators of facilities that dispose of dangerous waste in landfills, except as WAC 173-303-600 provides otherwise. No landfill will be permitted to dispose of EHW, except for the Hanford facility under WAC 173-303-700.
(2) Design and operating requirements.
(a) Any landfill that is not covered by (h) of this subsection must have a liner system for all portions of the landfill (except for an existing portion of a landfill). The liner system must have:
(i) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The owner or operator must submit an engineering report with his permit application under WAC 173-303-806(4) stating the basis for selecting the liner(s). The report must be certified by a licensed professional engineer. The liner must be:
(A) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(ii) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:
(A) Constructed of materials that are:
(I) Chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and
(II) Of sufficient strength and thickness to prevent failure under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and
(B) Designed and operated to function without clogging through the scheduled closure of the landfill.
(b) The owner or operator will be exempted from the requirements of (a) of this subsection, if the department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any dangerous constituents into the ground water or surface water at any future time. In deciding whether to grant an exemption, the department will consider:
(i) The nature and quantity of the wastes;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water; and
(iv) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.
(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a twenty-five-year storm.
(d) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.
(e) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously and in accordance with this chapter after storms to maintain design capacity of the system.
(f) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the landfill to control wind dispersal.
(g) The department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this subsection are satisfied.
(h) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that commences reuse after July 29, 1992, must install two or more liners and a leachate collection and removal system above and between such liners. "Construction commences" is as defined in WAC 173-303-040 under "existing facility."
(i) The liner system must:
(A) Include a top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of dangerous constituents into such liner during the active life and post-closure care period; and
(B) Include a composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of dangerous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of dangerous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7 cm/sec.
(C) The liners must comply with (a)(i)(A), (B), and (C) of this subsection.
(ii) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed twelve inches (30.5 cm). The leachate collection and removal system must comply with (h)(iii) and (iv) of this subsection.
(iii) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of dangerous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-5 m2/sec or more;
(C) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(iv) The owner or operator will collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(v) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.
(j) The department may approve alternative design or operating practices to those specified in (h) of this subsection if the owner or operator demonstrates to the department that such design and operating practices, together with location characteristics:
(i) Will prevent the migration of any dangerous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in (c) of this subsection; and
(ii) Will allow detection of leaks of dangerous constituents through the top liner at least as effectively.
(k) The double liner requirement set forth in (h) of this subsection may be waived by the department for any monofill, if:
(i) The monofill contains only dangerous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes dangerous for reasons other than the Toxicity Characteristic in WAC 173-303-090(8), with dangerous waste numbers D004 through D017 or the toxicity criteria at WAC 173-303-100(5); and
(ii)(A) The monofill has at least one liner for which there is no evidence that such liner is leaking;
(B) The monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR section 144.3); and
(C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with permits under RCRA 3005(c); or
(D) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any dangerous constituent into ground water or surface water at any future time.
(l) The owner or operator of any replacement landfill unit is exempt from (h) of this subsection if:
(i) The existing unit was constructed in compliance with the design standards of section 3004 (o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act; and
(ii) There is no reason to believe that the liner is not functioning as designed.
(3) Reserve.
(4) Monitoring and inspection.
(a) During construction or installation, liners (except in the case of existing portions of landfills exempt from subsection (2)(a) of this section), and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(i) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(ii) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may cause an increase in the permeability of the liner or cover.
(b) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(i) Deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(ii) Proper functioning of wind dispersal control systems; and
(iii) The presence of leachate in and proper functioning of leachate collection and removal systems.
(c)(i) An owner or operator required to have a leak detection system under subsection (2)(h) or (j) of this section must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(ii) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps must be recorded at least semiannually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator must return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(iii) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.
(5) Surveying and recordkeeping. The owner or operator of a landfill must maintain the following items in the operating record required under WAC 173-303-380:
(a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and
(b) The contents of each cell and the approximate location of each dangerous waste type within each cell.
(6) Closure and postclosure care.
(a) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:
(i) Provide long-term minimization of migration of liquids through the closed landfill;
(ii) Function with minimum maintenance;
(iii) Promote drainage and minimize erosion or abrasion of the cover;
(iv) Accommodate settling and subsidence so that the cover's integrity is maintained; and
(v) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
(b) After final closure, the owner or operator must comply with all postclosure requirements contained in WAC 173-303-610 (7), (8), (9), and (10) including maintenance and monitoring throughout the postclosure care period. The owner or operator must:
(i) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(ii) Maintain and monitor the leak detection system in accordance with subsections (2)(h) and (4)(c) of this section, where such a system is present between double liner systems;
(iii) Continue to operate the leachate collection and removal system until leachate is no longer detected;
(iv) Maintain and monitor the ground water monitoring system and comply with all other applicable requirements of WAC 173-303-645;
(v) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and
(vi) Protect and maintain surveyed benchmarks used in complying with subsection (5) of this section.
(c) Reserve.
(7) Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials must not be placed in the same landfill cell, unless WAC 173-303-395 (1)(b) is complied with.
(8) Action leakage rate.
(a) The department must approve an action leakage rate for surface impoundment units subject to subsection (2)(h) or (j) of this section. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding l foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subsection (2)(h) of this section, to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under subsection (9) of this section.
(9) Response actions.
(a) The owner or operator of landfill units subject to subsection (2)(h) or (j) of this section must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in (b) of this subsection.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:
(i) Notify the department in writing of the exceedance within seven days of the determination;
(ii) Submit a preliminary written assessment to the department within fourteen days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(iii) Determine to the extent practicable the location, size, and cause of any leak;
(iv) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(v) Determine any other short-term and long-term actions to be taken to mitigate or stop any leaks; and
(vi) Within thirty days after the notification that the action leakage rate has been exceeded, submit to the department the results of the analyses specified in (b)(iii), (iv), and (v) of this subsection, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in (b)(iii), (iv), and (v) of this subsection, the owner or operator must:
(i) Assess the source of liquids and amounts of liquids by source;
(ii) Conduct a fingerprint, dangerous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(iii) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(iv) Document why such assessments are not needed.
(10) Special requirements for ignitable or reactive waste.
(a) Except as provided in subsection (8)(b) of this section, and in WAC 173-303-161, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements for owners and operators of dangerous waste treatment, storage and disposal facilities contained in this chapter, and:
(i) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under WAC 173-303-090 (5) or (7); and
(ii) WAC 173-303-395(1) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in WAC 173-303-140 (2)(a), ignitable wastes in containers may be landfilled without meeting the requirements of (a) of this subsection, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in nonleaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.
(11) Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027.
(a) Hazardous wastes F020, F021, F022, F023, F026, and F027 must not be placed in landfills unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this section. The factors to be considered are:
(i) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;
(ii) The attenuative properties of underlying and surrounding soils or other materials;
(iii) The mobilizing properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of additional treatment, design, or monitoring requirements.
(b) The department may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
(12) Special requirements for containers. Unless they are very small, such as an ampule, containers must be either:
(a) At least ninety percent full when placed in the landfill; or
(b) Crushed, shredded, or similarly reduced in volume to the maximum
practical extent before burial in the landfill.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order
94-30), 173-303-665, filed 10/19/95, effective 11/19/95. Statutory
Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), 173-303-665, filed 1/5/88, effective 2/5/88; 86-12-057 (Order DE-85-10), 173-303-665, filed 6/3/86; 84-09-088 (Order DE 83-36), 173-303-665, filed
4/18/84.]
AMENDATORY SECTION (Amending Order 94-30, filed 10/19/95, effective
11/19/95)
WAC 173-303-675 Drip pads. (1) Applicability.
(a) The requirements of this section apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement in subsection (4)(b)(iii) of this section to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992, except for those constructed after December 24, 1992, for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under
a structure that provides protection from precipitation so that neither
run-off nor run-on is generated is not subject to regulation under
subsection (((3))) (4)(e) or (f) of this section, as appropriate.
(c) The requirements of this section are not applicable to the management of infrequent and incidental drippage in storage yards provided that: The owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the owner or operator will do the following:
(i) Clean up the drippage;
(ii) Document the cleanup of the drippage;
(iii) Retain documents regarding cleanup for three years; and
(iv) Manage the contaminated media in a manner consistent with federal regulations.
(2) Assessment of existing drip pad integrity.
(a) For each existing drip pad as defined in subsection (1) of this section, the owner or operator must evaluate the drip pad and determine that it meets all of the requirements of this section, except the requirements for liners and leak detection systems of subsection (4)(b) of this section. No later than the effective date of this rule, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of subsection (4) of this section are complete. The evaluation must document the extent to which the drip pad meets each of the design and operating standards of subsection (4) of this section, except the standards for liners and leak detection systems, specified in subsection (4)(b) of this section.
(b) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of subsection (4)(b) of this section, and submit the plan to the department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of subsection (4) of this section. The plan must be reviewed and certified by an independent qualified registered professional engineer.
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator must submit to the department, the as-built drawings for the drip pad together with a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of subsection (4)(m) of this section or close the drip pad in accordance with subsection (6) of this section.
(3) Design and installation of new drip pads.
Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the requirements of subsections (4) of this section (except subsection (4)(a)(iv)), (5) and (6) of this section; or
(b) All of the requirements of subsections (4) of this section (except subsection (4)(b)), (5) and (6) of this section.
(4) Design and operating requirements.
(a) Drip pads must:
(i) Be constructed of nonearthen materials, excluding wood and nonstructurally supported asphalt:
(ii) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(iii) Have a curb or berm around the perimeter;
(iv)(A) Have a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with subsection (3)(a) of this section instead of subsection (3)(b) of this section.
(B) The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this subsection, except for (b) of this subsection.
(v) Be of sufficient structural strength and thickness to prevent
failure due to physical contact, climatic conditions, the stress of daily
operations, e.g., variable and moving loads such as vehicle traffic,
movement of wood, etc.
Note: The department will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete
Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this subsection.
(b) If an owner/operator elects to comply with subsection (3)(b) of this section instead of subsection (3)(a) of this section, the drip pad must have:
(i) A synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner must be:
(A) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(ii) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system must be:
(A) Constructed of materials that are:
(I) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
(II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
(B) Designed and operated to function without clogging through the scheduled closure of the drip pad; and
(C) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(iii) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must be documented in the operating log.
(c) Drip pads must be maintained such that they remain free of
cracks, gaps, corrosion, or other deterioration that could cause
hazardous waste to be released from the drip pad.
Note: See subsection (4)(m) of this section for remedial action required if deterioration or leakage is detected.
(d) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in subsection (1)(b) of this section, the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a twenty-four-hour, twenty-five-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.
(f) Unless protected by a structure or cover as described in subsection (1)(b) of this section, the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.
(g) The drip pad must be evaluated to determine that it meets the requirements of (a) through (f) of this subsection and the owner or operator must obtain a statement from an independent, qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner/operator must determine if the residues are dangerous under WAC 173-303-070 and, if so, must manage them under this chapter.
(j) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and nonpressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the drip pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(i) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:
(A) Enter a record of the discovery in the facility operating log;
(B) Immediately remove the portion of the drip pad affected by the condition from service;
(C) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
(D) Within twenty-four hours after discovery of the condition, notify the department of the condition and, within ten working days, provide written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.
(ii) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.
(iii) Upon completing all repairs and clean up, the owner or operator must notify the department in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with (m)(i)(D) of this subsection.
(n) Should a permit be necessary, the department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(o) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
(5) Inspections.
(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the requirements of subsection (4) of this section by an independent qualified, registered professional engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following: