PERMANENT RULES
Date of Adoption: May 10, 2000.
Purpose: The dangerous waste regulations set forth waste management standards for all Washington state dangerous waste generators, transporters, and facilities. Federal rules were incorporated and state-only requirements were updated, including changes to transportation and fertilizer requirements.
Citation of Existing Rules Affected by this Order: Amending dangerous waste regulations, chapter 173-303 WAC.
Statutory Authority for Adoption: Chapters 70.105, 70.105D, and 15.54 RCW.
Other Authority: RCW 70.105.007.
Adopted under notice filed as WSR 00-11-039 on May 10, 2000, and WSR 00-02-081 on January 5, 2000.
Changes Other than Editing from Proposed to Adopted Version: 1. WAC 173-303-040 "Cleanup-only facility" means a site, including any contiguous property owned or under the control of the owner or operator of the site, where the owner or operator is or will be treating, storing, or disposing of remediation waste, including dangerous remediation waste, and is, has not and will not be treating, storing or disposing of dangerous waste that is not remediation waste. A cleanup-only facility is not a "facility" for purposes of corrective action under WAC 173-303-646.
2. WAC 173-303-040 "Enforceable document" means an order,
consent decree, plan or other document that meets the
requirements of 40 C.F.R. 271.16(e) and is issued by the director
to apply alternative requirements for closure, post-closure,
ground water monitoring, corrective action or financial assurance
under WAC 173-303-610 (1)(d), 173-303-645 (1)(e), or 173-303-620
(8)(d) or, as incorporated by reference at WAC 173-303-040 400,
40 C.F.R. 265.90(f), 265.110(d), or 265.140(d). Enforceable
documents include, but are not limited to, closure plans and
post-closure plans, permits issued under chapter 70.105 RCW,
orders issued under chapter 70.105 RCW and orders and consent
decrees issued under chapter 70.105D RCW, and closure plans and
post-closure plans.
3. WAC 173-303-040 "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, thermostats, and lamps calculated collectively) and/or who accumulates more than 2,200 pounds of lamps 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 and/or 2,200 pounds of lamps is accumulated.
4. WAC 173-303-040 "Marine terminal operator" means a person engaged in the business of furnishing wharfage, dock, pier, warehouse, covered and/or open storage spaces, cranes, forklifts, bulk loading and/or unloading structures and landings in connection with a highway or rail carrier and a water carrier. A marine terminal operator includes, but is not limited to, terminals owned by states and their political subdivisions; railroads who perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehouseman and stevedores who operate port terminal facilities.
5. WAC 173-303-040 "Micronutrient" fertilizer means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorous, potash, calcium, magnesium, or sulfur. Micronutrients are boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.
6. WAC 173-303-040 "Processed scrap metal" is scrap metal
that has been manually or physically altered to either separate
it into distinct materials to enhance economic value or to
improve the handling of materials. Processed scrap metal
includes, but is not limited to, scrap metal which has been
baled, shredded, sheared, chopped, crushed, flattened, cut,
melted, or separated by metal type (that is, sorted), and fines,
drosses and related materials that have been agglomerated. Note:
Shredded circuit boards being sent for recycling are not
considered processed scrap metal. They are covered under the
exclusion from the definition of solid waste for shredded circuit
boards being recycled (WAC 173-303-071 (3)(ff) (gg)).
7. WAC 173-303-045 (2)(d):
(d) 40 C.F.R. Parts 270.1 (c)(1)(i); 270.3; 270.60(b); and 270.64.
8. WAC 173-303-110 (2)(a)(vi):
(vi) Containerized liquid wastes - "COLIWASA" described in
SW-846, as incorporated by reference at WAC 173-303-110 (3)(a),
or the equivalent representative sampling method AC & D Liquid
Sampler, as demonstrated pursuant to WAC 173-303-910(2) known as
the plunger type sampler, described in ASTM D 5743-97, section
8.6; and.
9. WAC 173-303-120 (5) and (6):
(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.
(6) Used oil that is recycled and is also a dangerous waste
solely because it exhibits a dangerous waste characteristic or
criteria is not subject to the requirements of this chapter
except for 40 C.F.R. Part 279 which is incorporated by reference
at WAC 173-303-515. Used oil that is recycled includes any used
oil that is reused, following its original use, for any purpose
(including the purpose for which the oil was originally used).
Such term includes, but is not limited to, oil that is
re-refined, reclaimed, burned for energy recovery, or
reprocessed.
10. WAC 173-303-190 (5)(b)(ii):
(ii) The state shipping description as described in WAC 173-303-180 (6)(7).
11. WAC 173-303-200 (1)(b)(i) and (ii):
(b)(i) The waste is placed in containers and the generator
complies with the applicable requirements of WAC 173-303-630 (2),
(3), (4), (5), (6), (8), (9), and (10), 173-303-690, 173-303-691,
and 173-303-692 and (11).
(ii) The waste is placed in tanks and the generator complies
with the applicable requirements of WAC 173-303-640 (2) through
(10)(11), except WAC 173-303-640 (8)(c) and the second sentence
of WAC 173-303-640 (8)(a) and 173-303-690, 173-303-691, and
173-303-692.
12. WAC 173-303-240(6):
(6) Transfer facility. The requirements of this subsection
apply to a transporter or marine terminal operator who owns or
leases and operates a transfer facility. Transfer of a shipment
of dangerous waste from one transport vehicle to another
transport vehicle, from one container to another container, and
from one transporter to another transporter and any ten-day
storage activities may only occur at a transfer facility that is
registered with the department. The A transporter may store
manifested shipments of dangerous waste in containers meeting the
requirements of WAC 173-303-190 (1), (2), and (3), and (5) for
ten days or less at a transfer facility: Provided, That they
comply he or she complies with the following:
(a) A transporter who owns or leases and operates a transfer
facility within Washington that is related to their dangerous
waste transportation activities must register with the
department. Washington registration is not required for an
out-of-state a transporter whose activities are limited to
passing through Washington with shipments of dangerous waste or
picking up shipments from Washington generators or delivering
shipments to designated treatment, storage or disposal
facilities. In order to obtain registration, a transporter must
complete a Notification of Dangerous Waste Activities Form 2 per
Form 2 instructions and submit it to the department;
(b) Maintains T ten-day storage records that include the
dates that a manifested shipment of dangerous waste entered the
facility and departed the facility. The ten-day records must be
kept and retained for a period of three years from the date the
shipment was transported from the transfer facility;
(c) WAC 173-303-310 (1) and (2), Security. Instead of WAC 173-303-310(2) for an enclosed or an open flatbed transport vehicle parked at a transfer facility that has no twenty-four-hour surveillance system or natural or artificial barrier, the transport vehicle must meet the placarding requirements of 49 C.F.R. Part 172 and be secured (that is, locked) or the shipment must be transferred to a secured area of the facility to prevent unknowing entry and minimize unauthorized entry;
13. WAC 173-303-240(11):
(11) WAC 173-303-578 identifies how the requirements of WAC 173-303-240 through 173-303-270 apply to military munitions
classified as solid waste at WAC 173-303-578(2).
14. WAC 173-303-281(2):
(2) Applicability. This section applies to owners/operators of proposed facilities. This section also applies to existing facilities applying for a significant expansion, as defined in WAC 173-303-282(3).
15. WAC 173-303-281(5):
(5)(a) Applicability. The requirements of this section
apply to all final facility part B applications seeking initial
permits for dangerous waste management units over which the
department has permit issuance authority. The requirements of
this section also apply to final facility part B applications
seeking renewal of permits for such units under WAC 173-303-806
(7)(a). For the purposes of this section only, "dangerous waste
management units over which the department has permit issuance
authority" refers to dangerous waste management units for which
the department has been authorized to issue final facility
permits. The requirements of this section do not apply to permit
modifications under WAC 173-303-840 830(4) or permit applications
submitted for the sole purpose of conducting post-closure
activities or post-closure activities and corrective action at a
facility.
16. WAC 173-303-380 (1)(c):
(c) Records and results of waste analyses, waste determinations (as required by Subpart CC), and trial tests required by WAC 173-303-300 General waste analysis, and by 40 C.F.R. sections 264.1034, 264.1063, 264.1083, 265.1034, 265.1063, 265.1084, 268.4(a), and 268.7;
17. WAC 173-303-505 (1)(b)(i)(A)(I), (II), and (III):
(A) Initial criteria.
(I) The applicable land disposal restriction (LDR)
certification as described in 40 C.F.R. Part 268, or total metals
toxicity characteristic leaching procedures (TCLP) data that
indicate the product contains less than twenty times the maximum
concentrations for TCLP metals described in WAC 173-303-090(8);
and
(II) Total halogenated organic compounds (HOC) test data that indicate the product contains less than 1% total HOC; and
(III) Total Polycyclic Aromatic Hydrocarbons (PAH) test data
that indicate the product contains less than 1% total PAH.
18. WAC 173-303-515 (2), (3), (5)(a) and (c), (6)(b) and (d), and (7)(a), (c), and (d):
(2) Definitions. In addition to the terms used in this
chapter, the definitions of 40 C.F.R. Part 279 are incorporated
by reference when recycling managing used oil under this section.
The term "hazardous waste" used in 40 C.F.R. Part 279 means
"dangerous waste" as defined in WAC 173-303-040.
(3) Applicability. This section identifies those materials subject to regulation as used oil. For the purpose of this section, the applicability statements of 40 C.F.R. Part 279.10 are incorporated by reference, except 40 C.F.R. Part 279.10 (b)(2) and (3), and as modified below.
(5) Prohibitions. The prohibitions of 40 C.F.R. Part 279.12 are incorporated by reference. The prohibitions for managing materials under this section include those listed in 40 C.F.R. Part 279.12 and the following:
(a) Materials designating as EHW or W001 cannot be managed
under this section when burned for energy recovery. Note:
Materials managed under this section containing 2 ppm or greater
PCBs are subject to the applicable requirements of 40 C.F.R. Part
761.20(e).
(c) Ethylene glycol base based fluids cannot be managed
under this section. These fluids are subject to section WAC 173-303-522 when recycled.
(6) Standards for used oil generators.
(b) Secondary containment requirements for storage of material managed under this section in tanks and containers.
The department may require secondary containment, on a case-by-case basis, in accordance with some or all of the requirements in WAC 173-303-630(7) and 173-303-640(4) if the department determines that a potential for spills and discharges, mismanagement, or other factors pose a threat to human health or the environment.
(d) Additional reports. Upon determination by the
department that the storage of used oil in tanks and/or
containers poses a threat to public health or the environment,
the department may require the owner/operator to provide
additional information regarding the integrity of structures and
equipment used to store used oil. This authority applies to
tanks and secondary containment systems used to store used oil in
tanks and containers. The department's determination of a threat
to public health or the environment may be based upon
observations of factors that would contribute to spills or
releases of used oil or the generation of hazardous by-products
(e.g., hydrogen sulfide gas). Such observations may include, but
are not limited to, leaks, severe corrosion, structural defects
or deterioration (cracks, gaps, separation of joints), inability
to completely inspect tanks or structures, or concerns about the
age or design specification of tanks.
(i) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of tanks or secondary containment systems.
(ii) Requirement for facility repairs and improvements. If, upon evaluation of information obtained by the department under subsection (8)(a) of this section, it is determined that repairs or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator to discontinue the use of the tank system or container storage unit and remove the used oil until such repairs or improvements are completed and approved by the department.
(7) Standards for used oil collection centers and aggregation points. For the purpose of managing materials under this section, 40 C.F.R. Parts 279.30 through 279.32 are incorporated by reference. The standards for used oil collection centers under this subsection are those federal regulations listed above and the following modifications: In addition to the requirements of 40 C.F.R. Part 279.31, the owner or operator of a used oil collection center may accept greater than 55 gallons of used oil from generators: Provided, That:
(a) The requirements for a used oil transfer facility (40
C.F.R. Parts 279.40 through 279.46 279.47) are complied with
while that used oil is on site; and
(c) Meets the requirements of a used oil transfer facility
(40 C.F.R. 279.40 through 279.46) while that oil is on site; and
(d) Such records are kept on site for a period of three years.
19. WAC 173-303-573 (1)(a)(iii):
(iii) Lamps as described in subsection (5) of this section.
20. WAC 173-303-573 (2)(c)(iii):
(iii) Lamps as described in subsection (5) of this section.
21. WAC 173-303-573 (5)(c)(i):
(i) A used lamp becomes a waste on the date it is
permanently removed from its fixture discarded.
22. WAC 173-303-573 (9)(c)(i), (iii), (iv), and (v):
(i) A small quantity handler of universal waste must
immediately clean up and place in a container any universal waste
lamps that show 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 lamps, and must lack evidence
of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
(iii) A small quantity handler of universal waste must store lamps accumulated in cardboard or fiber containers indoors, meaning in a structure that prevents the container from being exposed to the elements;
(iv) A small quantity handler of universal waste may manage
universal waste lamps for the purpose of volume reduction at the
site where they were generated: Provided, That the handler:
(A) Crushes the lamps in a controlled manner in a crushing unit engineered to prevent releases of mercury or other hazardous constituents to the environment and the crushing operations and maintenance of the unit are performed in accordance with written procedures developed by the manufacturer of the equipment, including specific instructions for the frequency of filter changes;
(B) Ensures that the crushing occurs in a final accumulation container that is in good condition suitable to prevent releases during storage, handling, and transportation. Additionally, if crushed lamps are accumulated in fiber containers, the storage must be indoors;
(C) Ensures that response procedures as specified in subsection (13) of this section are followed in the event of a release during the crushing activity, including determining if the material resulting from the release is a dangerous waste;
(D) Ensures that the area in which lamps containing mercury are crushed is well ventilated and monitored to ensure compliance with applicable OSHA/WISHA exposure levels for mercury;
(E) Ensures that employees crushing lamps are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury to appropriate containers;
(v) A small quantity handler of universal waste who crushes lamps must ensure that any residues (for example, filters from the crushing unit) generated from the crushing activity are managed as dangerous waste for the purposes of disposal, such that no mercury or other hazardous constituents will be released to the environment. The handler is considered the generator of the dangerous waste and is subject to WAC 173-303-170 through 173-303-230.
23. WAC 173-303-573 (20)(c)(i), (iii), (iv), and (v):
(i) A large quantity handler of universal waste must
immediately clean up and place in a container any universal waste
lamps that show 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 lamps, and must lack evidence
of leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions;
(iii) A large quantity handler of universal waste must store lamps accumulated in cardboard or fiber containers indoors, meaning in a structure that prevents a container from being exposed to the elements;
(iv) A large quantity handler of universal waste may manage
universal waste lamps for the purpose of volume reduction at the
site where they were generated: Provided, That the handler:
(A) Crushes the lamps in a controlled manner in a crushing unit engineered to prevent releases of mercury or other hazardous constituents to the environment and the crushing operations and maintenance of the unit are performed in accordance with written procedures developed by the manufacturer of the equipment, including specific instructions for the frequency of filter changes;
(B) Ensures that the crushing occurs in a final accumulation container that is in good condition suitable to prevent releases during storage, handling, and transportation. Additionally, if crushed lamps are accumulated in fiber containers, the storage must be indoors;
(C) Ensures that response procedures as specified in subsection (13) of this section are followed in the event of a release during the crushing activity, including determining if the material resulting from the release is a dangerous waste;
(D) Ensures that the area in which lamps containing mercury are crushed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(E) Ensures that employees crushing lamps are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury to appropriate containers;
(v) A large quantity handler of universal waste who crushes lamps must ensure that any residues (for example, filters from the crushing unit) generated from the crushing activity are managed as dangerous waste for the purposes of disposal, such that no mercury or other hazardous constituents will be released to the environment. The handler is considered the generator of the dangerous waste and is subject to WAC 173-303-170 through 173-303-230.
24. WAC 173-303-578 (4)(a)(i):
(i) Waste military munitions in storage that exhibit a
dangerous waste characteristic, criteria, or are listed as
dangerous waste under WAC 173-303-070 may be stored under the
following conditions are listed or identified as a dangerous
waste (and thus are subject to regulation under this chapter),
unless all the following conditions are met:
25. WAC 173-303-600 (3)(o):
(3) The final facility standards do not apply to:
(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); and
(iii) Lamps as described in WAC 173-303-573(5);
Rationale for Change: This reference was added for consistency with other provisions of the universal waste rule.
26. WAC 173-303-610 (1)(d)(ii):
(ii) It is not necessary to apply the requirements of this
section (or the unit-specific requirements referenced in
subsection (2)(b) of this section) because tThe alternative
requirements will protect human health and the environment.
27. WAC 173-303-610 (8)(b)(iii) and (iv):
(iii) And t 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.
(iv) And, for facilities where the director has applied alternative requirements under subsection (1)(d) of this section, WAC 173-303-645 (1)(e), or 173-303-620 (8)(d), the post-closure plan must include either the alternative requirements or a reference to the enforceable document that contains the alternative requirements.
28. WAC 173-303-620 (1)(d)(ii):
(ii) Determines that it is not necessary to apply the
requirements of this section because the alternative requirements
for financial assurance will protect human health and the
environment.
29. WAC 173-303-645 (1)(e)(ii):
(ii) It is not necessary to apply the requirements of this
section because t The alternative requirements will protect human
health and the environment.
30. WAC 173-303-650(12):
(12) Air emission standards. The owner or operator must
manage all hazardous waste placed in a tank surface impoundment
in accordance with the applicable requirements of 40 C.F.R.
Subparts AA, BB, and CC, which are incorporated by reference at
WAC 173-303-690 through 173-303-692.
31. WAC 173-303-690 (1)(c) and (d):
(c) If the owner or operator of process vents subject to the
requirements of 40 C.F.R. 264.1032 through 264.1036 has received
a permit under section 3005 of RCRA prior to December 21, 1990,
the requirements of 264.1032 through 264.1036 must be
incorporated when the permit is reissued under WAC 173-303-840(8)
or reviewed under WAC 173-303-806(11). For the owner and
operator of a facility subject to this section and who received a
final hazardous waste permit prior to December 6, 1996, the
requirements of this section must be incorporated into the permit
when the permit is reissued in accordance with the requirements
of WAC 173-303-840(8) or reviewed in accordance with the
requirements of WAC 173-303-806(11). Until such date when the
owner and operator receives a final permit incorporating the
requirements of this section, the owner and operator is subject
to the requirements of 40 C.F.R. subpart AA.
| Note: The requirements of 40 C.F.R. Parts 264.1032 through 264.1036 apply to process vents on hazardous waste recycling units previously exempt under WAC 173-303-120 (4)(d). Other exemptions under WAC 173-303-071 and 173-303-600(2) are not affected by these requirements. |
32. WAC 173-303-692 (1)(b)(v):
(v) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of WAC 173-303-646, or RCRA section 3008(h), or CERCLA authorities.
33. WAC 173-303-692(2):
(2) 40 C.F.R. Parts 264.1080(e) 264.1081 through 264.1091
(Subpart CC) is incorporated by reference.
34. WAC 173-303-800 (7)(c)(i)(C):
(C) A discharge of a material that, when discharged, becomes a dangerous waste;
(C)(D) An immediate threat to human health, public safety,
property, or the environment from the known or suspected presence
of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency
response specialist as defined in WAC 173-303-040.
(D)(E) In the case of emergency responses involving military
munitions, the responding military emergency response
specialist's organizational unit must retain records for three
years identifying the dates of the response, the responsible
persons responding, the type and description of material
addressed, and its disposition.
35. WAC 173-303-803(3):
(3) The owner or operator of an existing dangerous waste
management facility may be required to submit part B of their
permit application. The department may require submission of
part B if the department has received interim or final
authorization; if not, the EPA Regional Administrator may require
submission of part B. Any owner or operator will be allowed at
least six months from the date of request to submit part B of the
application. Any owner or operator of an existing dangerous
waste management facility may voluntarily submit part B of the
application at any time. Notwithstanding the above, any owner or
operator of an existing dangerous waste management facility must
submit a part B permit application in accordance with the dates
specified in WAC 173-303-805(8). Any owner or operator of a land
disposal facility in existence on the effective date of statutory
or regulatory amendments under RCRA or the Hazardous Waste
Management Act that render the facility subject to the
requirement to have an RCRA permit must submit a part B
application in accordance with the dates specified in WAC 173-303-805(8). Note that the following subsections will be
renumbered.
36. WAC 173-303-803 (3)(n):
(n) For dangerous hazardous debris, a description of the
debris category(ies) and contaminant category(ies) to be treated,
stored, or disposed of at the facility.
37. WAC 173-303-805 (1)(b)(ii) and WAC 173-303-803:
WAC 173-303-805 (1)(b)(ii) Complied with the requirements of
WAC 173-303-806 803 governing submission of part A applications.
WAC 173-303-803(1) Applicability. The requirements in this section apply to both interim and final status facilities. In addition to this section, the applicable provisions of WAC 173-303-800, WAC 173-303-805, and 173-303-806 must be followed. Persons currently authorized with interim status must apply for permits when required by the department (see requirements at WAC 173-303-806).
38. WAC 173-303-806(4):
(4) Contents of Part B. Part B of a permit application must
consist of the information required in (a) through (l) (m) of
this subsection.
If you would like to receive a copy of the rationale for the changes, the concise explanatory statement is available from Chipper Hervieux, P.O. Box 47600, Olympia, WA 98504. You may also request a copy by e-mail pher461@ecy.wa.gov or view it at http://www.wa.gov/ecology/leg/activity/wac173303.html.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 3, Amended 42, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 13, 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.
May 10, 2000
Tom Fitzsimmons
Director
OTS-3493.5
AMENDATORY SECTION(Amending Order DE-85-10, filed 6/3/86)
WAC 173-303-010
Purpose.
This regulation implements
chapter 70.105 RCW, the Hazardous Waste Management Act of 1976 as
amended ((in 1980 and 1983)), and implements, in part, chapters
70.105A, 70.105D, and 15.54 RCW, and Subtitle C of Public Law
94-580, the Resource Conservation and Recovery Act, which the
legislature has empowered the department to implement. The
purposes of this regulation are to:
(1) Designate those solid wastes which are dangerous or extremely hazardous to the public health and environment;
(2) Provide for surveillance and monitoring of dangerous and extremely hazardous wastes until they are detoxified, reclaimed, neutralized, or disposed of safely;
(3) Provide the form and rules necessary to establish a system for manifesting, tracking, reporting, monitoring, recordkeeping, sampling, and labeling dangerous and extremely hazardous wastes;
(4) Establish the siting, design, operation, closure, post-closure, financial, and monitoring requirements for dangerous and extremely hazardous waste transfer, treatment, storage, and disposal facilities;
(5) Establish design, operation, and monitoring requirements for managing the state's extremely hazardous waste disposal facility;
(6) Establish and administer a program for permitting dangerous and extremely hazardous waste management facilities; and
(7) Encourage recycling, reuse, reclamation, and recovery to the maximum extent possible.
[Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), § 173-303-010, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-010, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-010, filed 2/10/82. Formerly WAC 173-302-010.]
(1) Purpose and applicability.
(a) The purpose of this section is to identify those materials that are and are not solid wastes.
(b)(i) The definition of solid waste contained in this section applies only to wastes that also are dangerous for purposes of the regulations implementing chapter 70.105 RCW. For example, it does not apply to materials (such as nondangerous scrap, paper, textiles, or rubber) that are not otherwise dangerous wastes and that are recycled.
(ii) This section identifies only some of the materials which are solid wastes and dangerous wastes under chapter 70.105 RCW. A material which is not defined as a solid waste in this section, or is not a dangerous waste identified or listed in this section, is still a solid waste and a dangerous waste for purposes of these sections if reason and authority exists under chapter 70.105 RCW and WAC 173-303-960. Within the constraints of chapter 70.105 RCW, this includes but is not limited to any material that: Is accumulated, used, reused, or handled in a manner that poses a threat to public health or the environment; or, due to the dangerous constituent(s) in it, when used or reused would pose a threat to public health or the environment.
(c) Certain materials are solid wastes but are excluded from the requirements of this chapter by WAC 173-303-071 and 173-303-073.
(2) The following terms are used and have the meanings as defined in WAC 173-303-040:
(a) Boiler
(b) By-product
(c) Incinerator
(d) Industrial furnace
(e) Reclaim
(f) Recover
(g) Recycle
(h) Used or reused (see reuse or use)
(i) Sludge
(j) Scrap metal
(k) Spent material
(l) Excluded scrap metal
(m) Processed scrap metal
(n) Home scrap metal
(o) Prompt scrap metal
(3) Definition of solid waste.
(a) A solid waste is any discarded material that is not excluded by WAC 173-303-017(2) or that is not excluded by variance granted under WAC 173-303-017(5).
(b) A discarded material is any material ((which)) that is:
(i) Abandoned, as explained in subsection (4) of this section; or
(ii) Recycled, as explained in subsection (5) of this section; or
(iii) Considered inherently waste-like, as explained in subsection (6) of this section. Persons registering micronutrient or waste-derived fertilizers under chapter 15.54 RCW must submit information required by the department to indicate compliance with this chapter. The required minimum information is described in WAC 173-303-505; or
(iv) A military munition identified as a solid waste at WAC 173-303-578(2).
(4) Materials are solid waste if they are abandoned by being:
(a) Disposed of; or
(b) Burned or incinerated; or
(c) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.
(5) Materials are solid wastes if they are recycled -- or accumulated, stored, or treated before recycling -- as specified in (a) through (d) of this subsection.
(a) Used in a manner constituting disposal. Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are:
(i)(A) Applied to or placed on the land in a manner that constitutes disposal; or
(B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in WAC 173-303-9903 or which exhibit any of the criteria or characteristics listed in WAC 173-303-090 or 173-303-100 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
(b) Burning for energy recovery. Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:
(i) Burned to recover energy;
(ii) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
However, commercial chemical products listed in WAC 173-303-9903 or which exhibit any of the criteria or characteristics listed in WAC 173-303-090 or 173-303-100 are not solid wastes if they are themselves fuels.
(c) Reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid wastes when reclaimed.
(d)(i) Accumulated speculatively. Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.
(ii) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that--during the calendar year (commencing on January 1)--the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the seventy-five percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under WAC 173-303-071 (3)(n) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
Use constituting disposal WAC 173-303- 016(5)(a) |
Energy recovery/ fuel WAC 173-303- 016 (5)(b) |
Reclamation WAC 173-303- 016 (5)(c) |
Speculative accumulation WAC 173-303- 016 (5)(d) |
|
Spent materials |
(*) |
(*) |
(*) |
(*) |
Commercial chemical products |
(*) |
(*) |
---- |
---- |
By-products listed in WAC 173-303-9904 |
(*) |
(*) |
(*) |
(*) |
Sludges listed in WAC 173-303- 9904 |
(*) |
(*) |
(*) |
(*) |
By-products exhibiting a characteristic1 or criteria2 |
(*) |
(*) |
---- |
(*) |
Sludges exhibiting a characteristic1 or criteria2 |
(*) |
(*) |
---- |
(*) |
Scrap metal other than excluded scrap metal (see 016 (2)(l)) |
(*) |
(*) |
(*) |
(*) |
| Note: | The terms "spent materials," "sludges," "by-products," (( |
| 1 | The characteristics of dangerous waste are described in WAC 173-303-090. |
| 2 | The dangerous waste criteria are described in WAC 173-303-100. |
(a) Dangerous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
(b) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a dangerous waste or are listed as a dangerous waste as defined in WAC 173-303-090 or 173-303-080 through 173-303-082, except for brominated material that meets the following criteria:
(i) The material must contain a bromine concentration of at least 45%; and
(ii) The material must contain less than a total of 1% of toxic organic compounds listed in WAC 173-303-9905; and
(iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
(c) The department will use the following criteria to add wastes to (a) of this subsection:
(i)(A) The materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents listed in WAC 173-303-9905 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and
(ii) The material may pose a substantial hazard to human health or the environment when recycled.
(7) 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.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-016, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-016, 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), § 173-303-016, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), § 173-303-016, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-016, filed 6/27/84.]
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.")
"Active range" means a military range that is currently in service and is being regularly used for range activities.
"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.
"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.
"Chemical agents and chemical munitions" are defined as in 50 U.S.C. section 1521 (j)(1).
"Cleanup-only facility" means a site, including any contiguous property owned or under the control of the owner or operator of the site, where the owner or operator is or will be treating, storing, or disposing of remediation waste, including dangerous remediation waste, and is not, has not and will not be treating, storing or disposing of dangerous waste that is not remediation waste. A cleanup-only facility is not a "facility" for purposes of corrective action under WAC 173-303-646.
"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 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)) means an area that is used
to treat, store or dispose only remediation wastes for
implementing corrective action under WAC 173-303-646 or other
clean up activities.
"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 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 (c) and 173-303-573 (20)(a)
((and)), (b) and (c). 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.
"Enforceable document" means an order, consent decree, plan or other document that meets the requirements of 40 CFR 271.16(e) and is issued by the director to apply alternative requirements for closure, post-closure, ground water monitoring, corrective action or financial assurance under WAC 173-303-610 (1)(d), 173-303-645 (1)(e), or 173-303-620 (8)(d) or, as incorporated by reference at WAC 173-303-400, 40 CFR 265.90(f), 265.110(d), or 265.140(d). Enforceable documents include, but are not limited to, closure plans and post-closure plans, permits issued under chapter 70.105 RCW, orders issued under chapter 70.105 RCW and orders and consent decrees issued under chapter 70.105D RCW.
"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 canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
"Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
"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.
"Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other federal, state, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.
"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.)) for example, 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).))
• For purposes of implementing corrective action under WAC 173-303-646 (2) or (3), "facility" also means all contiguous property under the control of an owner or operator seeking a permit under chapter 70.105 RCW or chapter 173-303 WAC and includes the definition of facility at RCW 70.105D.020(4).
"Facility mailing list" means the mailing list for a facility maintained by the department in accordance with WAC 173-303-840 (3)(e)(I)(D).
"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), 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 organic compounds" (HOC) means any organic compounds which, as part of their composition, include one or more atoms of fluorine, chlorine, bromine, or iodine 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). Note: Additional information on HOCs may be found in Chemical Testing Methods for Designating Dangerous Waste, Ecology Publication #97-407.
"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.)
"Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
"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.
"Inactive range" means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.
"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.
"Lamp," also referred to as "universal waste lamp" means any type of high or low pressure bulb or tube portion of an electric lighting device that generates light through the discharge of electricity either directly or indirectly as radiant energy. Universal waste lamps include, but are not limited to, fluorescent, mercury vapor, metal halide, high-pressure sodium and neon. As a reference, it may be assumed that four, four-foot, one-inch diameter unbroken fluorescent tubes are equal to 2.2 pounds in weight.
"Land disposal" means placement in or on the land, except in
a corrective action management unit or staging pile, and
includes, but is not limited to, placement in a((:))
landfill((;)), surface impoundment((;)), waste pile((;)),
injection well((;)), land treatment facility((;)), salt dome
((or)) formation, salt bed formation((;)), underground mine or
cave((;)), or placement in a concrete vault((;)), or bunker((; or
miscellaneous unit)) intended for disposal purposes.
"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, and lamps calculated
collectively) and/or who accumulates more than 2,200 pounds of
lamps 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
and/or 2,200 pounds of lamps 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.
"Marine terminal operator" means a person engaged in the business of furnishing wharfage, dock, pier, warehouse, covered and/or open storage spaces, cranes, forklifts, bulk loading and/or unloading structures and landings in connection with a highway or rail carrier and a water carrier. A marine terminal operator includes, but is not limited to, terminals owned by states and their political subdivisions; railroads who perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen and stevedores who operate port terminal facilities.
"Micronutrient fertilizer" means a produced or imported commercial fertilizer that contains commercially valuable concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric acid, available phosphorous, potash, calcium, magnesium, or sulfur. Micronutrients are boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.
"Military" means the Department of Defense (DOD), the Armed Services, Coast Guard, National Guard, Department of Energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.
"Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: Confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include nonnuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
"Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.
"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, underground injection well with appropriate technical
standards under 40 CFR Part 146, containment building, corrective
action management unit, temporary unit, ((underground injection
well with appropriate technical standards under 40 CFR Part 146))
staging pile, 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 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 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: Acenaphthene, 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.")
"Processed scrap metal" is scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (that is, sorted), and fines, drosses and related materials that have been agglomerated. Note: Shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (WAC 173-303-071 (3)(gg)).
"Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.
"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)))
(20).
"Remediation waste" means all solid ((or)) and dangerous
waste((s,)) and all media (including ground water, surface water,
soils, and sediments) and debris((, which)) that contain listed
dangerous wastes((,)) or ((which themselves)) that 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)) when managed for implementing cleanup.
"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 or more total of universal
waste (batteries ((or)), thermostats, and lamps, calculated
collectively) and/or who does not accumulate more than 2,200
pounds of lamps at any time.
"Solid acid waste" means a dangerous waste that exhibits the characteristic of low pH under the corrosivity tests of WAC 173-303-090 (6)(a)(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.
"Staging pile" means an accumulation of solid, nonflowing, remediation waste that is not a containment building or a corrective action management unit and that is used for temporary storage of remediation waste for implementing corrective action under WAC 173-303-646 or other clean up activities.
"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))) means a tank
or container that is not an accumulation unit under WAC 173-303-200 and that is used for temporary treatment or storage
of remediation waste for implementing corrective action under WAC 173-303-646 or other clean up activities.
"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,
buildings, piers, and other similar areas where shipments of
((hazardous)) dangerous waste are held ((for)), consolidated, or
transferred within a period of ten days or less during the normal
course of transportation.
"Transport vehicle" means a motor vehicle, water vessel, or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, steamship, 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.
"Unexploded ordnance (UXO)" means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.
"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); and
Lamps as described in WAC 173-303-573(5).
"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 (c) or (20)(a) ((or)), (b), or
(c)) 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.
"Waste-derived fertilizer" means a commercial fertilizer that is derived in whole or in part from solid waste as defined in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or biosolid products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.
"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. 98-03-018 (Order 97-03), § 173-303-040, filed 1/12/98, effective 2/12/98; 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 97-03, filed 1/12/98,
effective 2/12/98)
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,
((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)) 1999. 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 because they are provisions that EPA cannot delegate to states:
(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) and 268.44 except for 268.44(h).
(d) 40 CFR Parts 270.1 (c)(1)(i); 270.3; 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. 98-03-018 (Order 97-03), § 173-303-045, filed 1/12/98, effective 2/12/98; 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.]
(1) Any person who generates, transports, offers for transport, or transfers a dangerous waste, or who owns or operates a dangerous waste TSD facility must have a current EPA/state identification number (EPA/state ID#). Any person who offers a dangerous waste to a transporter or to a dangerous waste TSD facility which does not have an EPA/state ID#, or whose EPA/state ID# has been cancelled or withdrawn, is in violation of this regulation.
(2) Every person who must have an EPA/state ID#, and who has
not already received ((his)) their ID#, must notify the
department by obtaining and completing a Washington State
Notification of Dangerous Waste Activities (Form 2) and
submitting the completed form to the department. Any person
already assigned an EPA/state ID# must notify the department of
any changes to ((his)) their company's name, mailing address,
ownership, physical location, or type of dangerous waste
activity, by submitting a revised Form 2. A revised Form 2 must
be submitted prior to adding or dropping any of the following
activities: Permitted treating, storing and/or disposing,
immediate recycling, transporting, permit by rule, and/or
treatment by generator. For changes of company name ((or)),
mailing address, or ownership, the generator may submit a
corrected ((Registration)) Verification ((Report)) Form (part of
the Dangerous Waste Annual Report) in lieu of a revised Form 2. Any change in site location will require the issuance of a new
EPA/state ID# for waste generation and management facilities. An
EPA/state ID# may not be used at new company locations. A
company that has obtained an ID# as a "transporter only" can move
to a new location and continue to use the same ID#. A revised
notification Form 2 must be submitted to the department. Notification of dangerous waste activities, Form 2 and
instructions for its completion may be obtained by contacting the
department.
(3) Any person with an EPA/state ID# may request that his ID# be withdrawn if he will no longer be handling dangerous waste at the site the ID# has been assigned to. Any person whose ID# has been withdrawn must notify the department before he uses the ID# at any later date. Notification must be in writing, except in the case of emergencies (e.g., fires, spills, etc.) such notification may be provided by telephone first, and followed within one week by a written notification. Withdrawal will only be granted when all applicable requirements of this chapter and chapter 173-305 WAC have been met.
(4) Any person with an EPA/state ID# may request that his ID# be cancelled if he will no longer occupy the site. Notification must be in writing. An EPA/state ID# will be considered cancelled only after all applicable requirements of this chapter and chapter 173-305 WAC have been met.
(5) Any person with a current EPA/state ID# must submit an annual report as required by WAC 173-303-070(8), 173-303-220, and 173-303-390. Any person who has withdrawn or cancelled their ID# must submit an annual report up to the effective date of cancellation or withdrawal. The generator should write the effective date on the notification form for the cancellation or withdrawal; it is the date by which all regulated waste activities (generation, transportation, and management) have ceased at the site.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-060, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-060, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-060, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-060, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-060, filed 2/10/82.]
(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) through (c) of this
section)) The following subsections 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, or in the case of (c) of this subsection, under the
lists, characteristics, or criteria, must ((also)) be further
designated under the dangerous waste criteria, WAC 173-303-100((,)). This further designation under the criteria is
necessary because ((designation under the criteria)) it 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 more than 5 mg/l leachable lead when tested for the toxicity characteristic, they must use the dangerous waste numbers of D001 and 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) 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.)) United States, 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, licensed, or registered 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)) and, if managed in a
municipal solid waste landfill is subject to 40 CFR Part 258 or
chapter 173-351 WAC;
(F) Permitted, licensed, or registered by a state to manage nonmunicipal nonhazardous waste and, if managed in a nonmunicipal nonhazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR 257.5 through 257.30;
(G) 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))) (H) 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. 98-03-018 (Order 97-03), § 173-303-070, filed 1/12/98, effective 2/12/98; 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.]
(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 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 that have been used for structural and construction purposes (e.g., roads, dikes, paving) 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)) Reserve;
(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) 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),)) (vii)((,)) and
(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 papers 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.
(iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in (w)(i) and (ii) of this subsection, so long as they meet all of the following conditions:
(A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;
(B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or ground water or both;
(C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;
(D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in Part 265, Subpart W which is incorporated by reference at WAC 173-303-400 (3)(a), regardless of whether the plant generates a total of less than 220 pounds/month of dangerous waste; and
(E) Prior to operating pursuant to this exclusion, the plant owner or operator submits to the department a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records for a period of no less than three years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur.
(F) Additional reports.
(I) Upon determination by the department that the storage of wood preserving wastewaters and spent wood preserving solutions in tanks and/or containers poses a threat to public health or the environment, the department may require the owner/operator to provide additional information regarding the integrity of structures and equipment used to store wood preserving wastewaters and spent wood preserving solutions. This authority applies to tanks and secondary containment systems used to store wood preserving wastewaters and spent wood preserving solutions in tanks and containers. The department's determination of a threat to public health or the environment may be based upon observations of factors that would contribute to spills or releases of wood preserving wastewaters and spent wood preserving solutions or the generation of hazardous by-products. Such observations may include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of joints), inability to completely inspect tanks or structures, or concerns about the age or design specification of tanks.
(II) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of tanks or secondary containment systems.
(III) Requirement for facility repairs and improvements. If, upon evaluation of information obtained by the department under (w)(iii)(F)(I) of this subsection, it is determined that repairs or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator to discontinue the use of the tank system or container storage unit and remove the wood preserving wastewaters and spent wood preserving solutions until such repairs or improvements are completed and approved by the department.
(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 | ||
(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.)) (i) Oil-bearing
hazardous secondary materials (that is, sludges, by-products, or
spent materials) that are generated at a petroleum refinery (SIC
code 2911) and are inserted into the petroleum refining process
(SIC code 2911 - including, but not limited to, distillation,
catalytic cracking, fractionation, or thermal cracking units
(that is, cokers)) unless the material is placed on the land, or
speculatively accumulated before being so recycled. Materials
inserted into thermal cracking units are excluded under this
paragraph: Provided, That the coke product also does not exhibit
a characteristic of hazardous waste. Oil-bearing hazardous
secondary materials may be inserted into the same petroleum
refinery where they are generated, or sent directly to another
petroleum refinery, and still be excluded under this provision.
Except as provided in (cc)(ii) of this subsection, oil-bearing
hazardous secondary materials generated elsewhere in the
petroleum industry (that is, from sources other than petroleum
refineries) are not excluded under this section. Residuals
generated from processing or recycling materials excluded under
this paragraph, where such materials as generated would have
otherwise met a listing under WAC 173-303-081 and 173-303-082,
are designated as F037 listed wastes when disposed of or intended
for disposal.
(ii) Recovered oil that is recycled in the same manner and with the same conditions as described in (cc)(i) of this subsection. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172). Recovered oil does not include oil-bearing hazardous wastes listed in WAC 173-303-081 and 173-303-082; however, oil recovered from such wastes may be considered recovered oil. Recovered oil 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.
(ff) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.
(gg) Shredded circuit boards being recycled: Provided, That they are:
(i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.
(hh) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:
(i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in WAC 173-303-090(5) and/or toxicity for benzene (WAC 173-303-090(8), waste code D018); and
(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process.
An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically colocated with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (that is, sludges, by-products, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.
(ii) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in WAC 173-303-016(5).
(jj) Catalyst inert support media separated from one of the following wastes listed in WAC 173-303-9904 Specific Sources - Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172). These wastes are not excluded if they exhibit one or more of the dangerous waste characteristics or criteria.
(kk) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed: Provided, That:
(i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, and K172 if these wastes had been generated after the effective date of the listing (February 8, 1999);
(ii) The solid wastes described in (kk)(i) of this subsection were disposed prior to the effective date of the listing;
(iii) The leachate or gas condensate does not exhibit any characteristic or criteria of dangerous waste nor is derived from any other listed hazardous waste;
(iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act.
(v) After February 13, 2001, leachate or gas condensate will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: If the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (for example, shutdown of wastewater treatment system): Provided, That the impoundment has a double liner, and: Provided further, That the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph after the emergency ends.
(ll) Dredged material. Dredged material as defined in 40 CFR 232.2 that is subject to:
(i) The requirements of a permit that has been issued by the U.S. Army Corps of Engineers or an approved state under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344);
(ii) The requirements of a permit that has been issued by the U.S. Army Corps of Engineers under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of a U.S. Army Corps of Engineers civil works project, the administrative equivalent of the permits referred to in (ll)(i) and (ii) of this subsection, as provided for in U.S. Army Corps of Engineers regulations, including, for example, 33 CFR 336.1, 336.2 and 337.3.
(mm) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018, (Order 97-03), § 173-303-071, filed 1/12/98, effective 2/12/98; 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.]
(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; 173-303-140 (4)(c); 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) Reserve.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-073, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-073, filed 10/19/95, effective 11/19/95.]
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); and
(3) Lamps as described in WAC 173-303-573(5).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-077, filed 1/12/98, effective 2/12/98.]
(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 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.
TOXIC CATEGORY TABLE
Toxic Category |
Fish LC50(mg/L)* |
Oral (Rat) LD50(mg/kg) |
Inhalation (Rat) LC50(mg/L) |
Dermal (Rabbit) 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. | ||||||||
| Equivalent | ∑X% | + | ∑A% | + | ∑B% | + | ∑C% | + | ∑D% |
| Concentration (%)= | 1 | 10 | 100 | 1000 | 10,000 |
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:
| E.C. (%) | = | 0% | + | (0.01%+ 1.0%) | + | 5.0% | + | 2.0% | + | 4.0% |
| 1 | 10 | 100 | 1000 | 10,000 | ||||||
| = | 0%+ 0.101%+ 0.05%+ 0.002%+ 0.0004%= 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
0.1534% (from Example 1. above) is greater than 0.001% and less
than 1.0%. The waste is DW and the dangerous waste number WT02
must be assigned. Since 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)) Kg, 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 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)) Kg 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 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, 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 organic compounds (HOC) for which the concentrations are known, the total halogenated organic compound concentration must be determined by summing the concentration percentages for all of the halogenated organic compounds for which the concentration is known.
Example 2. A waste contains: Carbon tetrachloride - .009%; DDT - .012%; 1,1,1 - trichloroethylene - .020%. The total halogenated organic compound concentration would be:
Total 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 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.
PERSISTENT DANGEROUS WASTE TABLE
If your waste contains. . . |
At a total concentration level of. . . |
Then your waste's designation, and waste # are. . . |
|
Halogenated Organic Compounds (HOC) |
0.01% to 1.0% greater than 1.0% |
DW, WP02 EHW, WP01 |
|
Polycyclic Aromatic Hydrocarbons (PAH) |
greater than 1.0% |
EHW*, WP03 |
|
*No DW concentration level for PAH. |
|||
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-100, filed 1/12/98, effective 2/12/98; 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.]
(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) 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 SW-846, as incorporated by reference at WAC 173-303-110 (3)(a), or the equivalent representative sampling method known as the plunger type sampler, described in ASTM D 5743-97, section 8.6; and,
(vii) Liquid waste in pits, ponds, lagoons, and similar reservoirs - "Pond Sampler" described in SW-846, 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 and the AC & D Liquid Sampler Method which can be obtained by writing to:
ASTM
1916 Race Street
Philadelphia, PA 19103.
AC & D Liquid Sampler Method
AC & D Liquid Samplers
77 Symons Street
Richland, WA 99352
(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) Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods, EPA Publication, SW-846 (Third Edition
(November 1986) as amended by Updates I (dated July 1992), II
(dated September 1994), IIA (dated August 1993), IIB (dated
January 1995), ((and)) III (dated December 1996), and IIIA (dated
April 1998)). The Third Edition of SW-846 and its Updates
(document number 955-001-00000-1) are available from the
Superintendent of Documents. Update IIIA is available through
EPA's Methods Information Communication Exchange (MICE) Service.
MICE can be contacted by phone at (703) 821-4690. Update IIIA
can also be obtained by contacting the U.S. Environmental
Protection Agency, Office of Solid Waste (5307W), OSW Methods
Team, 401 M Street, SW, Washington, D.C. 20460. Copies of the
Third Edition and all of its updates are also available from the
National Technical Information Service (NTIS), 5285 Port Royal
Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847;
(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) 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) 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 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.
(g) The following publications for air emission standards.
(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.
(ix) "API Publication 2517, Third Edition," February 1989, "Evaporative Loss from External Floating-Roof Tanks," available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005.
(x) "ASTM Standard Test Method for Vapor Pressure--Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteriscope," ASTM Standard D 2879-92, available from American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, PA 19103.
(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.
(iv) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Nonpolar Material) by Extraction and Gravimetry. Available from NTIS, PB99-121949, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.
(v) ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester, ASTM Standard D-3278-78, available from American Society for Testing and Materials.
(vi) ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester, ASTM Standard D-93-79 or D-93-80.
(vii) API Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks," available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005.
(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. 98-03-018 (Order 97-03), § 173-303-110, filed 1/12/98, effective 2/12/98; 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.]
(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) 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)) Reserved;
(iv) Scrap metal that is not excluded under WAC 173-303-071 (3)(ff);
(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) 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))) 40 CFR 279.11 (which is incorporated by reference at WAC 173-303-515(4)) 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))) 40 CFR 279.11 (which is incorporated
by reference at WAC 173-303-515(4)); 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)(d); and
(ix) Petroleum coke produced from petroleum refinery dangerous wastes containing oil 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)) 40 CFR 279.11 (which is incorporated by reference at WAC 173-303-515(4)).
(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))) Reserved;
(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)) and 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), and
WAC 173-303-692 (Air emission standards for tanks, surface
impoundments, and containers) for final status facilities, and 40
CFR Part 265 Subparts AA ((and)), BB, and CC, 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.)) Used oil that
is recycled and is also a dangerous waste solely because it
exhibits a dangerous waste characteristic or criteria is not
subject to the requirements of this chapter except for 40 CFR
Part 279 which is incorporated by reference at WAC 173-303-515.
Used oil that is recycled includes any used oil that is reused,
following its original use, for any purpose (including the
purpose for which the oil was originally used). Such term
includes, but is not limited to, oil that is re-refined,
reclaimed, burned for energy recovery, or reprocessed.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-120, filed 1/12/98, effective 2/12/98; 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.]
(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.)) for example, 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.)) for example, 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)) that 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 application 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)).
On-site disposal or burial of pesticide residues is prohibited. 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. 98-03-018 (Order 97-03), § 173-303-160, filed 1/12/98, effective 2/12/98; 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.]
(1) A person is a dangerous waste generator if their solid waste is designated by the requirements of WAC 173-303-070 through 173-303-100.
(a) The generator is responsible for designating their waste as DW or EHW.
(b) The generator may request an exemption for their dangerous waste according to the procedures of WAC 173-303-072.
(2) A dangerous waste generator must notify the department and obtain an EPA/state identification number as required by WAC 173-303-060, and must comply with the requirements of WAC 173-303-170 through 173-303-230.
(3) Any generator who stores, treats, or disposes of dangerous waste on-site must perform their operations in accordance with the TSD facility requirements with the following exceptions:
(a) Generators who accumulate dangerous wastes for less than ninety days as allowed under WAC 173-303-200 or for less than one hundred eighty days as allowed under WAC 173-303-201 and 173-303-202;
(b) Generators who treat dangerous waste on-site in accumulation tanks, containers, and containment buildings provided that the generator maintains a log showing the date and amount of waste treated and complies with:
(i) The applicable requirements of WAC 173-303-200, 173-303-201, and 173-303-202; and
(ii) WAC 173-303-283(3);
(c) Generators who treat special waste on-site provided:
(i) The accumulation standards of WAC 173-303-073 (2)(a) and (b) are met;
(ii) When treated in units other than tanks or containers, the unit is designed, constructed, and operated in a manner that prevents:
(A) A release of waste and waste constituents to the environment;
(B) Endangerment of health of employees or the public;
(C) Excessive noise;
(D) Negative aesthetic impact on the use of adjacent property.
(iii) The treatment unit must also be inspected routinely for deterioration that would lead to a release and repairs must be conducted promptly.
(4) The generator must comply with the special land disposal restrictions for certain dangerous wastes in WAC 173-303-140.
(5) Persons responding to an explosives or munitions emergency in accordance with WAC 173-303-400 (2)(c)(xii)(A)(IV) or 173-303-600 (3)(p)(i)(D), (3)(p)(iv), or (3)(p)(xii)(D), and WAC 173-303-800 (7)(c)(iv) or (7)(e) are not required to comply with the standards of WAC 173-303-170 through 173-303-230.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-170, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-170, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), § 173-303-170, filed 1/5/88, effective 2/5/88; 87-14-029 (Order DE-87-4), § 173-303-170, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-170, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-170, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-170, filed 2/10/82.]
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) 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.
(6) The requirements of this section and WAC 173-303-190(2) do not apply to the transport of dangerous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way: Provided, That ecology has approved an alternative paper tracking system that serves the purpose of a manifest. Notwithstanding WAC 173-303-240(2), the generator or transporter must comply with the requirements for transporters set forth in WAC 173-303-270 and 173-303-145 in the event of a discharge of dangerous waste on a public or private right-of-way.
(7) Special instructions for state-only dangerous waste that designates only by the criteria under WAC 173-303-100 and is not regulated as a hazardous waste under 40 CFR Part 261 or as a hazardous material under the 49 CFR hazardous material regulations. For purposes of completing the uniform hazardous waste manifest, Item 11, and Item 28 if continuation sheet 8700-22A is used, or to describe a state-only dangerous waste on a shipping paper, the shipping description must include the following in sequence with no additional information interspersed:
(a) Material Not Regulated by DOT;
(b) Washington State Dangerous Waste Only followed by the appropriate criteria designation of the waste that is either toxic, persistent, solid corrosive or a combination of these entered in parentheses;
(c) Shipping description examples: Material Not Regulated by DOT (Washington State Dangerous Waste Only, Toxic); Material Not Regulated by DOT (Washington State Dangerous Waste Only, Toxic, Persistent); Material Not Regulated by DOT (Washington State Dangerous Waste Only, Solid Corrosive).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-180, filed 1/12/98, effective 2/12/98; 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.]
The generator must fulfill the following requirements before transporting off-site or offering for off-site transport any dangerous waste.
(1) Packaging. The generator must package all dangerous waste for transport in accordance with United States DOT regulations on packaging, 49 CFR Parts 173, 178, and 179.
(2) Labeling. The generator must label each package in accordance with United States DOT regulations, 49 CFR Part 172.
(3) Marking. The generator must:
(a) Mark each package of dangerous waste in accordance with United States DOT regulations, 49 CFR Part 172; and
(b) Mark each package containing one hundred ten gallons or less of dangerous waste with the following, or equivalent words and information, displayed in accordance with 49 CFR 172.304:
HAZARDOUS WASTE - State and federal law prohibits improper disposal. If found, contact the nearest police or public safety authority, and the Washington state department of ecology or the United States Environmental Protection Agency.
| Generator's Name and Address |
| . . . . . . . . . . . . |
| . . . . . . . . . . . . |
| . . . . . . . . . . . . |
| Manifest Document Number |
| . . . . . . . . . . . . |
(4) Placarding. The generator will placard, or offer to the initial transporter all appropriate placards in accordance with United States DOT regulations, 49 CFR Part 172, Subpart F.
(5) State-only dangerous waste that is not regulated as a hazardous waste under 40 CFR Part 261 or as a hazardous material under 49 CFR must fulfill the following requirements before transport:
(a) Package in a nonleaking, nonsievable container or in a package that is equivalent to the manufacturing and testing specifications for packagings and containers of 49 CFR Parts 173, 178 and 179.
(b) Mark each package containing one hundred ten gallons or less with the following:
(i) Washington State Dangerous Waste-State law prohibits improper disposal. If found, contact the nearest police or public safety authority, and the Washington State Department of Ecology. The generator's name and address and manifest number must also be included; and
(ii) The state shipping description as described in WAC 173-303-180(7).
(c) Use of any other markings for a state-only dangerous waste is prohibited.
(6) State-only dangerous waste that is also regulated as a hazardous material under 49 CFR must be packaged, labeled and marked in accordance with WAC 173-303-190 (1), (2), (3) and (5)(b)(i).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-190, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-190, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-190, filed 2/10/82.]
(1) A generator, not to include transporters as referenced in WAC 173-303-240(3), may accumulate dangerous waste on-site without a permit for ninety days or less after the date of generation, provided that:
(a) All such waste is shipped off-site to a designated facility or placed in an on-site facility which is permitted by the department under WAC 173-303-800 through 173-303-845 or recycled or treated on-site in ninety days or less. The department may, on a case-by-case basis, grant a maximum thirty day extension to this ninety day period if dangerous wastes must remain on-site due to unforeseen, temporary and uncontrollable circumstances. A generator who accumulates dangerous waste for more than ninety days is an operator of a storage facility and is subject to the facility requirements of this chapter and the permit requirements of this chapter as a storage facility unless he has been granted an extension to the ninety day period allowed pursuant to this subsection;
(b)(i) The waste is placed in containers and the generator
complies with WAC 173-303-630 (2), (3), (4), (5), (6), (8), (9),
((and)) (10), and (11). For container accumulation (including
satellite areas as described in subsection (2) of this section),
the department may require that the accumulation 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 accumulated, or due to a history of spills or releases from
accumulated containers. In addition, any new container
accumulation areas (but not including new satellite areas, unless
required by the department) constructed or installed after
September 30, 1986, must comply with the provisions of WAC 173-303-630(7); and/or
(ii) The waste is placed in tanks and the generator complies
with WAC 173-303-640 (2) through (((10))) (11), except WAC 173-303-640 (8)(c) and the second sentence of WAC 173-303-640
(8)(a). (Note: A generator, 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.) Such a generator
is exempt from the requirements of WAC 173-303-620 and
173-303-610, except for WAC 173-303-610 (2) and (5); and/or
(iii) The waste is placed on drip pads and the generator complies with WAC 173-303-675 and maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
(B) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or
(iv) The waste is placed in containment buildings and the generator complies with 40 CFR Part 265 Subpart DD, which is incorporated by reference, and the generator has placed its professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101 in the facility's operating record no later than sixty days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
(A) A written description of procedures to ensure that each waste volume remains in the unit for no more than ninety days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the ninety-day limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90 days.
In addition, such a generator is exempt from all the requirements in WAC 173-303-610 and 173-303-620, except for WAC 173-303-610(2).
(c) The date upon which each period of accumulation begins is marked and clearly visible for inspection on each container;
(d) While being accumulated 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). The department may also require that a sign be posted at each entrance to the accumulation area, bearing the legend, "danger--unauthorized personnel keep out," or an equivalent legend, written in English, and legible from a distance of twenty-five feet or more; and
(e) The generator complies with the requirements for facility operators contained in:
(i) WAC 173-303-330 through 173-303-360 (personnel training, preparedness and prevention, contingency plan and emergency procedures, and emergencies) except for WAC 173-303-355 (SARA Title III coordination); and
(ii) WAC 173-303-320 (1), (2)(a), (b), (d), and (3) (general inspection); and
(f) The generator complies with 40 CFR 268.7(a)(((4) (waste
analysis plan when treating waste to meet treatment standards for
land disposal restrictions))) (5).
(2) Satellite accumulation.
(a) A generator may accumulate as much as fifty-five gallons of dangerous waste or one quart of acutely hazardous waste per waste stream in containers at or near any point of generation where waste initially accumulates (defined as a satellite accumulation area in WAC 173-303-040). The satellite 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 to a satellite container. Satellite accumulation is allowed without a permit provided the generator:
(i) Complies with WAC 173-303-630 (2), (4), (5) (a) and (b), (8)(a), and (9) (a) and (b); and
(ii) Complies with subsection (1)(d) of this section.
(b) When fifty-five gallons of dangerous waste or one quart of acutely hazardous waste is accumulated per waste stream, the container(s) must be marked immediately with the accumulation date and moved within three days to a designated storage or accumulation area.
(c) On a case-by-case basis the department may require the satellite area to be managed in accordance with all or some of the requirements under subsection (1) of this section, if the nature of the wastes being accumulated, a history of spills or releases from accumulated containers, or other factors are determined by the department to be a threat or potential threat to human health or the environment.
(3) For the purposes of this section, the ninety-day accumulation period begins on the date that:
(a) The generator first generates a dangerous waste; or
(b) The quantity (or aggregated quantity) of dangerous waste
being accumulated by a small quantity generator first exceeds the
((quantity exclusion)) accumulation limit for such waste (or
wastes); or
(c) Fifty-five gallons of dangerous waste or one quart of acutely hazardous waste, per waste stream, is accumulated in a satellite accumulation area.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-200, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-200, 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), § 173-303-200, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), § 173-303-200, filed 1/4/89; 86-12-057 (Order DE-85-10), § 173-303-200, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-200, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-200, filed 2/10/82.]
(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 no more than 2200 pounds per month ((and))
or who accumulate on-site ((less)) no more than 2200 pounds
(((1000 kg) per month)) of dangerous waste at any one time 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);
(e) The generator must comply with WAC 173-303-630 (1), (2), (4), (5), (6), and (9). The generator does not need to comply with 40 CFR Part 265.176 and 178.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-201, filed 1/12/98, effective 2/12/98; 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.]
(1) Applicability. This section establishes standards that apply to persons transporting dangerous waste and transporters who own or lease and operate a transfer facility.
(2) A transporter must have a current EPA/state ID#.
Transporters must comply with the notification and identification
requirements of WAC 173-303-060((, Notification and
identification numbers. Transporters who are involved in
interstate transport must use the identification number assigned
to their national headquarters office, unless the department
requires, on a case-by-case basis, that a transporter obtain his
own unique EPA/state ID#. Transporters who are involved only in
intrastate transport must use the identification number assigned
to their headquarters office located within the state)). A
transporter who has previously obtained an EPA/state ID# in
another state is not required to obtain a new ID# when operating
in Washington state. Transporters who must comply with the
generator requirements as a result of a spill at a ((terminal))
transfer facility or during transport must obtain a separate
generator EPA/state ID# for ((such)) the spill ((or terminal)).
(((2))) (3) Any person who transports a dangerous waste must
comply with the requirements of WAC 173-303-240 through
173-303-270, when ((such)) the dangerous waste ((is required to))
must be manifested ((by)) in accordance with WAC 173-303-180.
(((3))) (4) Any person who transports a dangerous waste must
also comply with the requirements of WAC 173-303-170 through
173-303-230 for generators, if he:
(a) Transports dangerous waste into the state from another country; or
(b) Mixes dangerous waste of different United States DOT shipping descriptions by mixing them into a single container.
(((4))) (5) These requirements do not apply to on-site (as
defined in WAC 173-303-040) transportation of dangerous waste by
generators, or by owners((/)) or operators of permitted TSD
facilities.
(((5) Transporters may store at a transfer facility
manifested shipments of dangerous waste in containers meeting the
requirements of WAC 173-303-190 (1), (2), and (3) for ten days or
less. Transporters may not accumulate or store manifested
shipments of dangerous waste for more than ten days. Reference
to WAC 173-303-200 in 173-303-240(3) does not constitute
authority for storage in excess of ten days for transporters. Transporters who do not comply with these conditions are subject
to all applicable TSD facility requirements.)) (6) Transfer
facility. The requirements of this subsection apply to a
transporter or marine terminal operator who owns or leases and
operates a transfer facility. Transfer of a shipment of
dangerous waste from one transport vehicle to another transport
vehicle, from one container to another container, and from one
transporter to another transporter and any ten-day storage
activities may only occur at a transfer facility that is
registered with the department. A transporter may store
manifested shipments of dangerous waste in containers meeting the
requirements of WAC 173-303-190 (1), (2), (3), and (5) for ten
days or less at a transfer facility: Provided, That he or she
complies with the following:
(a) A transporter who owns or leases and operates a transfer facility within Washington that is related to their dangerous waste transportation activities must register with the department. Washington registration is not required for a transporter whose activities are limited to passing through Washington with shipments of dangerous waste or picking up shipments from Washington generators or delivering shipments to designated treatment, storage or disposal facilities. In order to obtain registration, a transporter must complete a Notification of Dangerous Waste Activities Form 2 per Form 2 instructions and submit it to the department;
(b) Maintains ten-day storage records that include the dates that a manifested shipment of dangerous waste entered the facility and departed the facility. The ten-day records must be retained for a period of three years from the date the shipment was transported from the transfer facility;
(c) WAC 173-303-310 (1) and (2), Security. Instead of WAC 173-303-310(2) for an enclosed or an open flatbed transport vehicle parked at a transfer facility that has no twenty-four-hour surveillance system or natural or artificial barrier, the transport vehicle must meet the placarding requirements of 49 CFR Part 172 and be secured (that is, locked) or the shipment must be transferred to a secured area of the facility to prevent unknowing entry and minimize unauthorized entry;
(d) WAC 173-303-320, General inspection. Instead of keeping inspection records for a period of five years from the date of inspection in WAC 173-303-320 (2)(d), inspection records must be kept at the transfer facility for one year from the date of inspection;
(e) WAC 173-303-330, Personnel training;
(f) WAC 173-303-340, Preparedness and prevention except WAC 173-303-340(3), Aisle space;
(g) WAC 173-303-350, Contingency plan and emergency procedures;
(h) WAC 173-303-360, Emergencies;
(i) WAC 173-303-630 (2), (3), (4), (5)(a) and (b), (8), (9)(a) and (b) and (10), Use and management of containers;
(j) WAC 173-303-630(7) in areas where waste is transferred from container to container and in areas where containers are stored outside in the weather. The secondary containment system must be completed by October 15, 2001. The department may, on a case-by-case basis, grant an extension to the required completion date if the transporter has a design and has entered into binding financial or other agreements for construction prior to October 15, 2001;
(k) The requirements of WAC 173-303-630(7) may be required in areas other than those described in WAC 173-303-240 (6)(j) if the department determines that there is a potential threat to public health and the environment due to the nature of the wastes being stored or due to a history of spills or releases from waste stored in containers.
(7) Transporter exemptions. A transporter will not be required to comply with the following:
(a) The requirements of WAC 173-303-240(6) in the event of an emergency or other unforeseen event beyond the reasonable control of the transporter during transit over public highway, rail track or water route and the waste shipment is loaded, reloaded or transferred to another transport vehicle or container to facilitate transportation;
(b) The requirements of WAC 173-303-240 (6)(i) and (j) for dangerous waste that is stored in a secured, enclosed transport vehicle, intermodal container or portable tank during the time it is parked at a transfer facility;
(c) The requirements of WAC 173-303-240 (6)(i) and (j) for a transfer facility that is located at a pier, dock or barge unloading facility and associated with the loading and unloading of water vessels: Provided, That the dangerous waste shipment is stored within a transport unit, as defined under 49 CFR Part 176, and accepted by the approval authority of the United States Coast Guard;
(d) The requirements of WAC 173-303-240 (6)(j) for dangerous waste that is stored within a building: Provided, That the floor is compatible with and sufficiently impervious to the waste stored and is designed and operated so that any release or spill will be captured within the building and will prevent any waste from migrating to the soil, ground water or surface water.
(8) A transporter who accumulates or stores manifested shipments of dangerous waste for more than ten days at a transfer facility is subject to the dangerous waste management facility general requirements and permit requirements of this chapter with respect to the storage of those wastes.
(9) Reference to WAC 173-303-200 in WAC 173-303-240(4) does not constitute authority for storage in excess of ten days for a transporter who owns or leases and operates a transfer facility.
(10) The regulations in WAC 173-303-250 through 173-303-260 do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with WAC 173-303-400 (2)(c)(xiii)(A)(IV) or (xiii)(D) or WAC 173-303-600 (3)(p)(i)(D) or (3)(p)(iv), and WAC 173-303-800 (7)(c)(i)(C) or (D).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-240, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-240, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-240, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-240, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-240, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-240, filed 2/10/82. Formerly WAC 173-302-210.]
(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.
(6) The requirements of WAC 173-303-290 through 173-303-360 and WAC 173-303-395 do not apply to cleanup-only facilities. Instead, owners/operators of cleanup-only facilities must comply with the following requirements.
(a) Obtain an EPA/state identification number in accordance with WAC 173-303-060(2).
(b) Obtain a detailed chemical and physical analysis of a representative sample of the dangerous remediation waste to be treated, stored or disposed at the site. At a minimum, this analysis must contain all information that must be known to treat, store or dispose of the dangerous remediation waste according to WAC 173-303-140 (2)(a), 173-303-280 through 173-303–395 and WAC 173-303-600 through 173-303-695 and must be kept accurate and up to date.
(c) Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the director that:
(i) Physical contact with the dangerous remediation waste, structures or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and
(ii) Disturbance of the dangerous remediation waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site will not cause a violation of the requirements of WAC 173-303-280 through 173-303-395 or WAC 173-303-600 through 173-303-695.
(d) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may lead to a release of dangerous constituents to the environment or a threat to human health. Inspections must be conducted often enough to identify problems in time to correct them before they harm human health or the environment. Problems must be remedied before they lead to a human health or environmental threat. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(e) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of WAC 173-303-280 through 173-303–395 and WAC 173-303-600 through 173-303-695 and on how to effectively respond to emergencies.
(f) Take precautions to prevent accidental ignition or reaction of ignitable or reactive dangerous remediation waste and prevent threats to human health and the environment from ignitable, reactive and incompatible dangerous remediation waste.
(g) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with WAC 173-303-650 (2)(j) and (k), 173-303-660 (2)(j) and (k) or 173-303-655 (2)(h), (i) and (j). The construction quality assurance must meet the requirements of WAC 173-303-335.
(h) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. The procedures must address proper design, construction, maintenance and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from, a fire, explosion or any other unplanned sudden or nonsudden release of dangerous remediation waste or dangerous constituents to the air, soil or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store or dispose of the remediation waste in question and must be implemented immediately whenever a fire, explosion or release of dangerous remediation waste or dangerous constituents occurs and could threaten human health or the environment.
(i) Designate at least one employee, either on the remediation waste management site premises or on call (that is, available to respond to an emergency by reaching the remediation waste management site quickly), to coordinate all emergency response measures. The emergency coordinator must be thoroughly familiar with all aspects of the remediation waste management site contingency plan, all operations and activities at the site, the location and characteristics of dangerous remediation waste handled, the location of all records within the site, and the site layout. The emergency coordinator must have authority to commit the resources needed to carry out the contingency plan.
(j) Develop, maintain and implement a plan to meet the requirements of this subsection.
(k) Maintain records documenting compliance with this subsection.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-280, filed 1/12/98, effective 2/12/98; 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.]
(1) Purpose. The purpose of this section is to provide notification to the department, local communities and the public that the siting of a dangerous waste management facility is being considered. Also, to provide general information about the proposed facility owner/operator, the type of facility and the types of wastes to be managed and compliance with the siting criteria.
(2) Applicability. This section applies to owners/operators
of proposed facilities. This section also applies to existing
facilities ((for which the department receives an application
for)) applying for a significant expansion, as defined in WAC 173-303-282(3). This section does not apply to 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. In addition, this section does
not apply to owners/operators of facilities operating under an
emergency permit pursuant to WAC 173-303-804 or to 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. As used in this section:
(a) "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 prior to the effective date of this section;
(b) "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 prior to the effective date of this section; and
(c) "Expansion" means the enlargement of the land surface area of an existing facility from that described in an interim status permit application or final status permit, the addition of a new dangerous waste management process, or an increase in the overall design capacity of existing dangerous waste management processes at a facility.
(3) Notice of intent to file for an interim status or a dangerous waste permit.
(a) The notice of intent to be prepared by the owners/operators of the applicable facilities must consist of:
(i) The name, address, and telephone number of the owner, operator, and corporate officers;
(ii) The location of the proposed facility or expansion on a topographic map with specifications as detailed in WAC 173-303-806 (4)(a)(xviii);
(iii) A brief description of the types and amounts of wastes to be managed annually;
(iv) A brief description of the major equipment items proposed, if any, and the waste management activities requiring a permit or revision of an existing permit;
(v) Demonstration of compliance with the siting criteria as required under WAC 173-303-282 (6) and (7). The site conditions with regards to satisfying the criteria are to be assessed as of the date of submittal of the notice of intent to the department;
(vi) For informational purposes a complete summary of compliance violations of permit conditions at hazardous waste management facilities owned or operated by the applicant, its subsidiaries or its parent company, during the ten calendar years preceding the permit application. Along with the summary of compliance violations, as issued by appropriate state or federal regulatory agencies, the applicant must also submit responses to past violations and any written correspondence with regulatory agencies regarding the compliance status of any hazardous waste management facility owned or operated by the applicant, its subsidiaries or parent company of the owner or operator. A more detailed compliance record must be provided upon request by the department;
(vii) For informational purposes the need for the proposed facility or expansion must be demonstrated by one of the following methods:
(A) Current overall capacity within Washington is inadequate for dangerous wastes generated in Washington as determined by regional or state dangerous waste management plans; or
(B) The facility is a higher priority management method, as described in RCW 70.105.150, than is currently in place or practical and available for the types of waste proposed to be managed; or
(C) The facility will add to the types of technology available or will reduce cost impacts (not to include transportation costs) to Washington generators for disposal of dangerous wastes; and
(ix) For informational purposes it must be shown how the capacity of the proposed facility or expansion will affect the overall capacity within the state, in conjunction with existing facilities in Washington.
(b) The notice of intent must be filed with the department,
and copies must be made available for public review, no less than
one hundred fifty days prior to filing an application for a
permit or permit revision. ((Public notification of the notice
of intent to file shall be given at the time of filing by
announcement in a daily newspaper within the area of the proposed
facility or expansion for a minimum of fourteen consecutive days.
In addition,)) The department will send a copy of the notice of
intent to the elected officials of the lead local government and
all local governments within the potentially affected area as
required by WAC 173-303-902 (5)(b)(i). The department will
continue to coordinate with interested local governments
throughout the review of the proposal.
(c) Reserved.
(4) Preapplication public meeting and notice.
(a) Applicability. The requirements of subsections (4), (5), and (6) of this section apply to all final facility (part B) applications seeking initial permits for dangerous waste management units over which the department has permit issuance authority. These requirements also apply to final facility part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of these subsections, a "significant change" is any change that would qualify as a class 3 permit modification under WAC 173-303-840(4). For the purposes of these subsections only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue dangerous waste permits. The requirements of these subsections do not apply to permit modifications under WAC 173-303-840(4) or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
The applicant's meeting date must be coordinated with and approved by ecology. If timing allows, both the applicant and ecology's meetings may be held on the same day.
(b) Prior to the submission of a part B final facility permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed dangerous waste management activities. The applicant must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant must submit a summary of the meeting, along with the list of attendees and their addresses developed under (b) of this subsection, and copies of any written comments or materials submitted at the meeting, to the department as a part of the part B application, in accordance with WAC 173-303-806 (4)(a).
(d) The applicant must provide public notice of the preapplication meeting at least thirty days prior to the meeting. The applicant must maintain, and provide to the department upon request, documentation of the notice.
(i) The applicant must provide public notice in all of the following forms:
(A) A newspaper advertisement. The applicant must publish a notice, fulfilling the requirements in (d)(ii) of this subsection, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the department will instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties, where the department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
(B) A visible and accessible sign. The applicant must post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in (d)(ii) of this subsection. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
(C) A broadcast media announcement. The applicant must broadcast a notice, fulfilling the requirements in (d)(ii) of this subsection, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the department.
(D) A notice to the department. The applicant must send a copy of the newspaper notice to the department and to the appropriate units of state and local government, in accordance with WAC 173-303-840 (3)(e)(i)(E).
(ii) The notices required under (d)(i) of this subsection must include:
(A) The date, time, and location of the meeting;
(B) A brief description of the purpose of the meeting;
(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
(D) A statement encouraging people to contact the facility at least seventy-two hours before the meeting if they need special access to participate in the meeting; and
(E) The name, address, and telephone number of a contact person for the applicant.
(5) Public notice requirements at the application stage.
(a) Applicability. The requirements of this section apply to all final facility part B applications seeking initial permits for dangerous waste management units over which the department has permit issuance authority. The requirements of this section also apply to final facility part B applications seeking renewal of permits for such units under WAC 173-303-806 (7)(a). For the purposes of this section only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue final facility permits. The requirements of this section do not apply to permit modifications under WAC 173-303-830(4) or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(i) The department will provide public notice as set forth in WAC 173-303-840 (3)(e)(i)(D), and notice to appropriate units of state and local government as set forth in WAC 173-303-840 (3)(e)(i)(E), that a part B permit application has been submitted to the department and is available for review.
(ii) The notice will be published within a reasonable period of time after the application is received by the department. The notice must include:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the department's contact, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
(C) An address to which people can write in order to be put on the facility mailing list;
(D) The location where copies of the permit application and any supporting documents can be viewed and copied;
(E) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location on the front page of the notice; and
(F) The date that the application was submitted.
(iii) Concurrent with the notice required under (b) of this subsection, the department will place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the department's office.
(6) Information repository.
(a) Applicability. The requirements of this section apply to all applications seeking final facility permits for dangerous waste management units over which the department has permit issuance authority. For the purposes of this section only, "dangerous waste management units over which the department has permit issuance authority" refers to dangerous waste management units for which the department has been authorized to issue dangerous waste permits.
(b) The department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the department will consider a variety of factors, including: The level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the department determines, at any time after submittal of a permit application, that there is a need for a repository, then the department will notify the facility that it must establish and maintain an information repository. (See WAC 173-303-810(16) for similar provisions relating to the information repository during the life of a permit.)
(c) The information repository must contain all documents, reports, data, and information deemed necessary by the department to fulfill the purposes for which the repository is established. The department will have the discretion to limit the contents of the repository.
(d) The information repository must be located and maintained at a site chosen by the facility. If the department finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the department will specify a more appropriate site.
(e) The department will specify requirements for informing the public about the information repository. At a minimum, the department will require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
(f) The facility owner/operator will be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the department. The department may close the repository at its discretion, based on the factors in (b) of this subsection.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-281, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-281, filed 12/8/93, effective 1/8/94. Statutory Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, § 173-303-281, filed 9/21/90, effective 10/22/90. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-281, filed 9/6/88.]
(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(d), 265.1084, 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(d), 264.1083, 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).
(i) For owners and operators seeking an exemption to the air emission standards of subpart CC in accordance with Sec. 264.1082, incorporated by reference at WAC 173-303-692, or with 265.1083, incorporated by reference at WAC 173-303-400 (3)(a):
(A) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.
(B) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.
(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. 98-03-018 (Order 97-03), § 173-303-300, filed 1/12/98, effective 2/12/98; 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.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears 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 173-303-320
General inspection.
(1) The owner or operator must inspect his facility to prevent malfunctions and deterioration, operator errors, and discharges which may cause or lead to the release of dangerous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(2) The owner or operator must develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment that help prevent, detect, or respond to hazards to the public health or the environment. In addition:
(a) He must keep the schedule at the facility;
(b) The schedule must identify the types of problems which are to be looked for during inspections;
(c) The schedule must indicate the frequency of inspection
for specific items. The frequency should be based on the rate of
possible deterioration of equipment, and the probability of an
environmental or human health incident. Areas subject to spills
must be inspected daily when in use. At a minimum the inspection
schedule must also include the applicable items and frequencies
required for the specific waste management methods described in
40 CFR Part 265 Subparts F through R, 265.1033, 265.1052,
265.1053, ((and)) 265.1058 and 265.1084 through 265.1090, for
interim status facilities and in WAC 173-303-630 through
173-303-680, and 40 CFR 264.1033, 264.1052, 264.1053, ((and))
264.1058 and 264.1083 through 264.1089 for final status
facilities; and
(d) The owner or operator must keep an inspection log or summary, including at least the date and time of the inspection, the printed name and the handwritten signature of the inspector, a notation of the observations made, an account of spills or discharges in accordance with WAC 173-303-145, and the date and nature of any repairs or remedial actions taken. The log or summary must be kept at the facility for at least five years from the date of inspection.
(3) The owner or operator must remedy any problems revealed by the inspection, on a schedule which prevents hazards to the public health and environment. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-320, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-320, 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), § 173-303-320, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-320, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-320, filed 2/10/82.]
(1) Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (that is, 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. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, required by WAC 173-303-350(2), all operations and activities at the facility, the location and properties of all wastes handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
(2) Emergency procedures. The following procedures must be implemented in the event of an emergency.
(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:
(i) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(ii) Notify appropriate state or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials.
(c) Concurrently, the emergency coordinator must assess possible hazards to human health and the environment (considering direct, indirect, immediate, and long-term effects) that may result from the release, fire, or explosion.
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health or the environment, he must report his findings as follows:
(i) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and
(ii) He must immediately notify the department and either the government official designated as the on-scene coordinator, or the National Response Center (using their 24-hour toll free number (800) 424-8802).
(e) His assessment report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health or the environment outside the facility.
(f) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other dangerous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
(g) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(h) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.
(i) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(i) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and
(ii) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(j) The owner or operator must notify the department, and appropriate local authorities, that the facility is in compliance with (i) of this subsection before operations are resumed in the affected area(s) of the facility.
(k) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen days after the incident, he must submit a written report on the incident to the department. The report must include:
(i) Name, address, and telephone number of the owner or operator;
(ii) Name, address, and telephone number of the facility;
(iii) Date, time, and type of incident (e.g., fire, explosion);
(iv) Name and quantity of material(s) involved;
(v) The extent of injuries, if any;
(vi) An assessment of actual or potential hazards to human health or the environment, where this is applicable;
(vii) Estimated quantity and disposition of recovered material that resulted from the incident;
(viii) Cause of incident; and
(ix) Description of corrective action taken to prevent reoccurrence of the incident.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-360, 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), § 173-303-360, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-360, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-360, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-360, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-360, filed 2/10/82. Formerly chapter 173-302 WAC.]
(1) Applicability. The requirements of this section apply to owners and operators who receive dangerous waste from off-site sources.
(2) If a facility receives dangerous waste accompanied by a manifest, the owner or operator, or his agent, must:
(a) Sign and date each copy of the manifest to certify that the dangerous waste covered by the manifest was received;
(b) Note any significant discrepancies in the manifest, as described in subsection (4) of this section, on each copy of the manifest;
(c) Immediately give the transporter at least one copy of the signed manifest;
(d) Within thirty days after the delivery, send a copy of the manifest to the generator; and
(e) Retain at the facility a copy of each manifest for at least three years from the date of delivery.
(3) If a facility receives, from a rail or water (bulk shipment) transporter, dangerous waste which is accompanied by a manifest or shipping paper containing all the information required on the manifest (excluding the EPA/state identification numbers, generator's certification, and signatures), the owner or operator, or his agent, must:
(a) Sign and date each copy of the manifest or shipping paper to certify that the dangerous waste covered by the manifest or shipping paper was received;
(b) Note any significant discrepancies in the manifest or shipping paper, as described in subsection (4) of this section, on each copy of the manifest or shipping paper;
(c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper;
(d) Within thirty days after the delivery, send a copy of the signed and dated manifest or shipping paper to the generator. However, if the manifest is not received within thirty days after the delivery, the owner or operator, or his agent, must send a copy of the signed and dated shipping paper to the generator; and
(e) Retain at the facility a copy of each shipping paper and manifest for at least three years from the date of delivery.
(4) Manifest discrepancies.
(a) Manifest discrepancies are significant discrepancies between the quantity or type of dangerous waste designated on the manifest or shipping paper and the quantity or type of dangerous waste a facility actually receives. Significant discrepancies in quantity are variations greater than ten percent in weight for bulk quantities (e.g., tanker trucks, railroad tank cars, etc.), or any variations in piece count for nonbulk quantities (i.e., any missing container or package would be a significant discrepancy). Significant discrepancies in type are obvious physical or chemical differences which can be discovered by inspection or waste analysis (e.g., waste solvent substituted for waste acid).
(b) Upon discovering a significant discrepancy, the owner or
operator must attempt to reconcile the discrepancy with the waste
generator ((or)) and transporter. If the discrepancy is not
resolved within fifteen days after receiving the waste, the owner
or operator must immediately submit to the department a letter
describing the discrepancy and attempts to reconcile it, and a
copy of the manifest or shipping paper at issue.
(5) Reasons for not accepting dangerous waste shipments. The owner or operator may decide that a dangerous shipment should not be accepted by his facility.
(a) The following are acceptable reasons for denying receipt of a dangerous waste shipment:
(i) The facility is not capable of properly managing the type(s) of dangerous waste in the shipment;
(ii) There is a significant discrepancy (as described in subsection (4) of this section) between the shipment and the wastes listed on the manifest or shipping paper; or
(iii) The shipment has arrived in a condition which the owner or operator believes would present an unreasonable hazard to facility operations, or to facility personnel handling the dangerous waste(s) (including, but not limited to, leaking or damaged containers, and improperly labeled containers).
(b) The owner or operator may send the shipment on to the alternate facility designated on the manifest or shipping paper, or contact the generator to identify another facility capable of handling the waste and provide for its delivery to that other facility, unless, the containers are damaged to such an extent, or the dangerous waste is in such a condition as to present a hazard to the public health or the environment in the process of further transportation.
(c) If the dangerous waste shipment cannot leave the facility for the reasons described in (b) of this subsection, then the owner or operator must take those actions described in the contingency plan, WAC 173-303-350 (3)(b).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-370, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-370, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-370, filed 2/10/82. Formerly chapter 173-302 WAC.]
(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, waste determinations (as required by Subpart CC), and trial tests required by WAC 173-303-300, General waste analysis, and by 40 CFR sections 264.1034, 264.1063, 264.1083, 265.1034, 265.1063, 265.1084, 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, and 265.1083 through 265.1090 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, and 264.1082 through 264.1090 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 recorded, as it becomes available, and maintained in the operating record until closure of the facility, as follows:
(a) Each dangerous waste received, 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, 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 |
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 |
| Acres-feet . . . . . . . . . . . . | A |
| Hectares . . . . . . . . . . . . | Q |
| Hectare-meter . . . . . . . . . . . . | F |
| Btu's per Hour . . . . . . . . . . . . |
I |
| Footnote: | 1Single-digit symbols are used here for data processing purposes. |
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
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 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
D79 Underground injection
D80 Landfill
D81 Land treatment
D82 Ocean disposal
D83 Surface impoundment
(to be closed as a landfill)
D99 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. 98-03-018 (Order 97-03), § 173-303-380, filed 1/12/98, effective 2/12/98; 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.]
The owner or operator of a facility is responsible for preparing and submitting the reports described in this section.
(1) Unmanifested waste reports. If a facility accepts any dangerous waste from an off-site source without an accompanying manifest or shipping paper, and if the waste is not excluded from the manifest requirements of this chapter 173-303 WAC, then the owner or operator must prepare and submit a single copy of a report to the department within fifteen days after receiving the waste. The report form and instructions in the Unmanifested Dangerous Waste Report - Form 6 (which may be obtained from the department) must be used for this report. The report must include at least the following information:
(a) The EPA/state identification number, name, and address of the facility;
(b) The date the facility received the waste;
(c) The EPA/state identification number, name, and address of the generator and the transporter, if available;
(d) A description and the quantity of each unmanifested dangerous waste the facility received;
(e) The method of management for each dangerous waste;
(f) The certification signed by the owner or operator of the facility or his authorized representative; and
(g) A brief explanation of why the waste was unmanifested, if known.
(2) Annual reports. The owner or operator of a facility that holds an active EPA/state identification number must prepare and submit a single copy of an annual report to the department by March 1 of each year. The report form and instructions in the Dangerous Waste Annual Report (which may be obtained from the department) must be used for this report. In addition, any facility which ships dangerous waste off-site must comply with the annual reporting requirements of WAC 173-303-220. The annual report must cover facility activities during the previous calendar year and must include, but is not limited to the following information:
(a) The EPA/state identification number, name, and address of the facility;
(b) The calendar year covered by the report;
(c) For off-site facilities, the EPA/state identification number of each dangerous waste generator from which the facility received a dangerous waste during the year. For imported shipments, the report must give the name and address of the foreign generator;
(d) A description and the quantity of each dangerous waste the facility received during the year. For off-site facilities, this information must be listed by EPA/state identification number of each generator;
(e) The method of treatment, storage, or disposal for each dangerous waste;
(f) The most recent closure cost estimate under WAC 173-303-620(3) (or 40 CFR 265.142 for interim status facilities), and for disposal facilities, the most recent post-closure cost estimate under WAC 173-303-620(5) (or 40 CFR 265.144 for interim status facilities); and
(g) The certification signed in accordance with the requirements of WAC 173-303-810(12).
(3) Additional reports. The owner or operator must report to the department:
(a) Releases of dangerous wastes, fires, and explosions as
specified in WAC 173-303-360 (2)(k)((, facility closures
specified in WAC 173-303-610(6)));
(b) Interim status ground water monitoring data, as specified in 40 CFR 265.94 (a)(2) and (b)(2);
(c) Facility closures specified in WAC 173-303-610(6); and
(d) As otherwise required by WAC 173-303-645 through
173-303-665, WAC 173-303-690 through ((173-303-691)) 173-303-692,
and WAC 173-303-400.
The owner or operator must also submit any other reports (including engineering reports, plans, and specifications) required by the department.
(4) Recordkeeping. The owner/operator of a facility must keep a copy of all unmanifested waste reports, annual reports, and any other reports submitted to the department according to the requirements of this section for a period of three years from the date the report was submitted. Note that some records must be kept until closure of the facility as otherwise required under WAC 173-303-380.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-390, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-390, 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), § 173-303-390, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), § 173-303-390, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-390, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-390, filed 2/10/82.]
(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) Except as provided in 40 CFR 265.1080(b), the interim
status standards apply to owners and operators of facilities
((which)) that treat, store, transfer, and/or dispose of
dangerous waste. For purposes of this section, interim status
applies to all facilities ((which)) that 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, 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.
(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).
(C) Lamps as described in WAC 173-303-573(5).
(xii) WAC 173-303-578 identifies when the requirements of this section apply to the storage of military munitions classified as solid waste under WAC 173-303-578(2). The treatment and disposal of dangerous waste military munitions are subject to the applicable permitting, procedural, and technical standards in this chapter.
(xiii)(A) Except as provided in (c)(xiii)(B) of this subsection, a person engaged in treatment or containment activities during immediate response to any of the following situations:
(I) A discharge of a dangerous waste;
(II) An imminent and substantial threat of a discharge of dangerous waste;
(III) A discharge of a material that, when discharged, becomes a dangerous waste;
(IV) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in WAC 173-303-040.
(B) An owner or operator of a facility otherwise regulated by WAC 173-303-600 must comply with all applicable requirements of WAC 173-303-340 and 173-303-350.
(C) Any person who is covered by (c)(xiii)(A) of this section and who continues or initiates dangerous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter for those activities.
(D) In the case of an explosives or munitions emergency response, if a federal, state, tribal or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA/state identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(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)) CC (including references to 40 CFR Parts
60, 61, and 63), DD, EE, and Appendix VI, 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;
(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)) CC, DD, and EE 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)) CC, DD, and EE:
(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: "Ground water monitoring wells must be designed, constructed, and operated so as to prevent ground water 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 except for 268.44(h).
(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.
(G) 40 CFR 265.110(c) and 40 CFR 265.121.
(xii) "Subpart EE - Hazardous waste munitions and explosives storage." The first sentence at 40 CFR 265.1202 is modified to exclude the exception for hazardous wastes managed under 261.3(d).
(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. 98-03-018 (Order 97-03), § 173-303-400, filed 1/12/98, effective 2/12/98; 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.]
(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.)) For the purpose of
implementation of this section, fertilizers that contain
recyclable material derived from state-only waste must also meet
the treatment standards in 40 CFR Part 268 Subpart D that apply
to the characteristics of dangerous waste that the state-only
waste exhibits. The prohibition levels for fertilizer using K061,
in mg/l, are as follows: Arsenic, 5.0; Barium, 100.0; Cadmium,
1.0; Chromium (Total), 5.0; Lead, 5.0; Mercury, 0.20; Selenium,
5.7; and Silver, 5.0. The department may recommend registration
under chapter 15.54 RCW for a waste-derived fertilizer (including
fertilizers that contain recyclable material) or micronutrient
fertilizer: Provided, That the registrant submits the
information described in (b)(i)(A) or (B) of this subsection:
(A) Initial Criteria.
(I) The applicable Land Disposal Restriction (LDR) Certification as described in 40 CFR Part 268, or toxicity characteristic leaching procedure (TCLP) data that indicate the product contains less than the maximum concentrations for TCLP metals described in WAC 173-303-090(8); and
(II) Total Halogenated Organic Compounds (HOC) test data that indicate the product contains less than 1% total HOC.
(B) Secondary Criteria.
(I) A complete description of the fertilizer manufacturing process, including the location of the manufacturing facility; and
(II) A complete list of all ingredients used in manufacturing the fertilizer and a complete description of the sources of those ingredients, including a description of the original process and location for each of those ingredients; and
(III) Evidence that any waste(s) used in manufacturing the product does not designate as dangerous waste according to procedures described in WAC 173-303-070; and
(IV) Other information as required by the department.
(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. 98-03-018 (Order 97-03), § 173-303-505, filed 1/12/98, effective 2/12/98; 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.]
(1) Applicability.
(a) This section applies to generators, marketers, transporters, blenders, and burners of dangerous waste fuels that are to be burned for energy recovery in any boiler or industrial furnace that is not regulated under Subpart O of 40 CFR Part 265 or WAC 173-303-670, except as provided by (b) of this subsection. These regulations do not apply to gas recovered from dangerous waste management activities when such gas is burned for energy recovery. Note: (This note is a reminder that all generators, transporters, and burners of federally regulated hazardous waste fuels that are to be burned for energy recovery, and all storage facility owners and operators of facilities that store dangerous waste that is burned in a boiler or industrial furnace must comply with the requirements of 40 CFR Part 266 Subpart H.)
(b) The following dangerous wastes are not subject to regulation under this section:
(i) Used oil burned for energy recovery if it is a dangerous waste because it:
(A) Exhibits a characteristic of dangerous waste identified in WAC 173-303-090; or
(B) Is designated as DW only through the criteria of WAC 173-303-100; or
(C) Is a dangerous waste designated solely as W001.
Such used oil is subject to regulation under WAC 173-303-515 rather than this section.
Note: Used oil burned for energy recovery containing a listed waste (unless such listed waste is only state source W001) or a waste designated as EHW through the criteria of WAC 173-303-100 (a) and (b) is subject to this section.
(ii) (Reserved.)
(2) 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) "Dangerous waste fuel" means dangerous waste burned or to be burned for energy recovery. Fuel produced from dangerous waste by processing, blending, or other treatment is also dangerous waste fuel.
(b) "Distributor" means persons who distribute but do not process or blend dangerous waste fuel. Distributors may broker fuel by arranging for the final disposition of the fuel. Distributors are regulated under subsection (6) of this section.
(c) "Blender" means persons who produce, process, or blend fuel from dangerous wastes. Blenders are regulated under subsection (7) of this section.
(d) "Marketer" means persons who are:
(i) Generators who market dangerous waste fuel directly to a burner. Generators are regulated under subsection (4) of this section;
(ii) Distributors, regulated under subsection (6) of this section;
(iii) Blenders, regulated under subsection (7) of this section.
(3) Prohibitions.
(a) A person may market dangerous waste fuel only:
(i) To persons, in state, who have notified the department of their dangerous waste fuel activities under WAC 173-303-060 and have an EPA/state identification number or to out-of-state marketers or burners who have notified the EPA or authorized state agency and who have an EPA/state identification number; and
(ii) When marketed to a burner, to persons who burn the fuel in boilers or industrial furnaces identified in (b) of this subsection.
(b) Dangerous waste fuel may be burned for energy recovery in the following devices only;
(i) Industrial furnaces identified in WAC 173-303-040;
(ii) Boilers, as defined in WAC 173-303-040, that are identified as follows:
(A) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or
(B) Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale.
(c) No fuel which contains any dangerous waste may be burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population greater than five hundred thousand (based on the most recent census statistics) unless such kiln fully complies with regulations under this chapter that are applicable to incinerators.
(4) Standards applicable to generators of dangerous waste fuel.
(a) All generators of dangerous waste that is used as a fuel or used to produce a fuel are subject to WAC 173-303-170 through 173-303-230.
(b) Generators who are marketers. Generators are marketers if they send their waste fuel directly to a burner. Generators who are marketers must:
(i) Prohibitions. Comply with the prohibitions under subsection (3) of this subsection.
(ii) Notification. Comply with the notification requirements under WAC 173-303-060 for dangerous waste fuel activities. Generators who have previously notified the department of their dangerous waste management activities and obtained an EPA/state identification number, must renotify to identify their dangerous waste fuel activities.
(iii) Accumulation. Comply with accumulation requirements of WAC 173-303-200 or 173-303-201.
(iv) Storage. For generators who have interim or final status and exceed the accumulation time frames referenced in (b)(iii) of this subsection, comply with the storage provisions of:
(A) WAC 173-303-280 through 173-303-395; and
(B) WAC 173-303-800 through 173-303-840; and
(C) WAC 173-303-400 for interim status facilities or WAC 173-303-600 through ((173-303-691)) 173-303-692 for final status
facilities.
(v) Required notice. Obtain, prior to initiating the first shipment of dangerous waste fuel, a one time written and signed certification notice from the burner certifying that:
(A) The burner has notified as described under subsection (3) of this subsection; and
(B) The burner will burn the dangerous waste fuel only in an industrial furnace or boiler identified in subsection (3)(b) of this subsection.
(vi) Recordkeeping. Keep a copy of each certification notice received for at least five years from the date of the last dangerous waste fuel shipment to the burner who sent such notice.
(c) Generators who are burners also are subject to subsection (8) of this section.
(5) Standards applicable to transporters of dangerous waste fuel. Transporters of dangerous waste fuel (and dangerous waste that is used to produce a fuel) are subject to the requirements of WAC 173-303-240 through 173-303-270.
(6) Standards applicable to distributors of dangerous waste fuel.
(a) Prohibitions. The prohibitions under subsection (3) of this section;
(b) Notification. Notification requirements under WAC 173-303-060 for dangerous waste fuel activities. Distributors who have previously notified the department of their dangerous waste management activities and obtained an EPA/state identification number, must renotify to identify their dangerous waste fuel activities.
(c) Storage. Distributors who store dangerous waste fuels must comply with the applicable storage provisions of:
(i) WAC 173-303-280 through 173-303-395; and
(ii) WAC 173-303-800 through 173-303-840; and
(iii) WAC 173-303-400 for interim status facilities or WAC 173-303-600 through ((173-303-691)) 173-303-692 for final status
facilities;
(iv) The standards for generators in WAC 173-303-170 through 173-303-230.
(d) Off-site shipment. A distributor must meet the standards for generators in WAC 173-303-170 through 173-303-230 when the distributor initiates a shipment of dangerous waste fuel. Except that a distributor may not accumulate dangerous waste fuels under the accumulation provisions of WAC 173-303-200 or 173-303-201;
(e) Required notices.
(i) Before initiating the first shipment of dangerous waste fuel to another distributor, a blender, or a burner, a distributor must obtain a one-time written and signed certification notice from the distributor, blender, or burner certifying that:
(A) The burner, distributor, or blender has notified as described under subsection (3) of this section; and
(B) If the recipient is a burner, the burner will burn the dangerous waste fuel only in an industrial furnace or boiler identified in subsection (3)(b) of this section.
(ii) Before accepting the first shipment of dangerous waste fuel from another distributor or blender, the distributor must provide the other distributor or blender with a one-time written and signed certification that the distributor has complied with the notification requirements described in subsection (3) of this section; and
(f) Recordkeeping. A distributor must keep a copy of each certification notice received or sent for at least five years from the date the distributor last engaged in a dangerous waste fuel marketing transaction with the person who sent or received the certification notice.
(7) Standards applicable to blenders of dangerous waste fuels.
(a) Prohibitions. The prohibitions under subsection (3) of this section.
(b) Notification. Notification requirements under WAC 173-303-060 for dangerous waste fuel activities. Blenders who have previously notified the department of their dangerous waste management activities and obtained an EPA/state identification number, must renotify to identify their dangerous waste fuel activities.
(c) Facility. For tanks, containers, or other units used to hold dangerous waste prior to blending or processing; for blending or processing tanks, containers, or other units; and for tanks, containers, or other units, used to hold blended or processed fuel, blenders must comply with the applicable provisions of:
(i) WAC 173-303-280 through 173-303-395; and
(ii) WAC 173-303-800 through 173-303-840; and
(iii) WAC 173-303-400 for interim status facilities or WAC 173-303-600 through ((173-303-691)) 173-303-692 for final status
facilities;
(d) Off-site shipment. The standards for generators in WAC 173-303-170 through 173-303-230 when a blender initiates a shipment of dangerous waste fuel, except that a blender may not accumulate dangerous waste fuels under the accumulation provisions of WAC 173-303-200 or 173-303-201;
(e) Required notices.
(i) Before initiating the first shipment of dangerous waste fuel to another blender, a distributor, or a burner, a blender must obtain a one-time written and signed certification notice from the blender, distributor, or burner certifying that:
(A) The burner, distributor, or blender has notified as described under subsection (3) of this section; and
(B) If the recipient is a burner, the burner will burn the dangerous waste fuel only in an industrial furnace or boiler identified in subsection (3)(b) of this section.
(ii) Before accepting the first shipment of dangerous waste fuel from another blender or distributor, the blender must provide the other blender or distributor with a one-time written and signed certification that the blender has complied with the notification requirements described in subsection (3) of this section; and
(f) Recordkeeping. A blender must keep a copy of each certification notice received or sent for at least five years from the date the blender last engaged in a dangerous waste fuel marketing transaction with the person who sent or received the certification notice.
(8) Standards applicable to burners of dangerous waste fuel.
Owners and operators of industrial furnaces and boilers identified in subsection (3)(b) of this section must comply with:
(a) Prohibitions. The prohibitions under subsection (3) of this section;
(b) Notification. Notification requirements under WAC 173-303-060 for dangerous waste fuel activities. A burner who has previously notified the department of dangerous waste management activities and obtained an EPA/state identification number, must renotify to identify the dangerous waste fuel activities;
(c) Storage.
(i) For short term accumulation by generators who burn their dangerous waste fuel on-site, the applicable provisions of WAC 173-303-200 or 173-303-201.
(ii) For all burners who store dangerous waste fuel, the applicable storage provisions of:
(A) WAC 173-303-280 through 173-303-395;
(B) WAC 173-303-800 through 173-303-840; and
(C) WAC 173-303-400 for interim status facilities or WAC 173-303-600 through ((173-303-691)) 173-303-692 for final status
facilities (the air emission requirements do not apply to burners
that meet the small quantity burner exemption at 40 CFR 266.101);
(d) Required notices. Before a burner accepts the first shipment of dangerous waste fuel from a distributor, or a blender, or a generator the burner must provide the distributor, or the blender, or the generator a one-time written and signed notice certifying that:
(i) The burner has notified as described under subsection (3) of this section; and
(ii) The dangerous waste fuel will only be burned in an industrial furnace or boiler identified in subsection (3)(b) of this section.
(e) Recordkeeping. In addition to the applicable recordkeeping requirements of WAC 173-303-380, a burner must keep a copy of each certification notice sent for at least five years from the date the burner last receives dangerous waste fuel from the person who received the certification notice.
(f) Local requirements. Any person who burns dangerous waste for energy recovery must comply with air emission requirements of the local air pollution control authority (or department of ecology if no local authority with jurisdiction exists).
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-510, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-510, 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), § 173-303-510, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-510, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-510, filed 3/11/88; 86-12-057 (Order DE-85-10), § 173-303-510, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-510, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-510, filed 2/10/82.]
(1) ((Applicability.
(a) This section applies to used oil that is burned for energy recovery in any boiler or industrial furnace that is not regulated under Subpart O of 40 CFR Part 265 or WAC 173-303-670, if such used oil:
(i) Exhibits any characteristic of a dangerous waste identified in WAC 173-303-090; or
(ii) Is designated as DW solely through WAC 173-303-100; or
(iii) Is designated solely as W001.
(b)(i) This section does not apply to used oil burned for energy recovery that is mixed with a listed waste (except as provided in (a)(iii) of this subsection) or that is designated as EHW through WAC 173-303-100. Such used oil is subject to the requirements of WAC 173-303-510.
(ii) Used oil containing more than 1000 ppm of total halogens is presumed to be a dangerous waste because it has been mixed with halogenated dangerous waste listed in WAC 173-303-9903 or 173-303-9904. Such dangerous wastes are subject to the requirements of WAC 173-303-510. Persons may rebut this presumption by demonstrating that the used oil does not contain dangerous waste (for example, by showing that the used oil does not contain significant concentrations of halogenated dangerous constituents listed in WAC 173-303-9905).
(iii) This section does not apply to used oil that is designated for any reason other than being listed as W001 if such used oil is burned for energy recovery by the generator of the used oil in his own marine or diesel engines.
(c) If a used oil subject to this section does not exceed any of the specifications of Table 1, it is subject only to the analysis and recordkeeping requirements under subsection (4)(b)(i) and (vi) of this section; otherwise, it is subject to all applicable provisions of this section.
(d) For the purposes of this chapter:
(i) "Used oil" means any oil that has been refined from crude oil, used, and, as a result of such use, is contaminated by physical or chemical impurities;
(ii) Used oil fuel includes any fuel produced from used oil by processing, blending, or other treatments;
(iii) Used oil fuel that exceeds any specification level (described in Table 1) is termed "off-specification used oil fuel."
Constituent/property |
Allowable level |
Arsenic . . . . . . . . . . . . |
5 ppm maximum |
| Used oil containing more than 1,000 ppm total halogens is presumed to be a dangerous waste under the rebuttable presumption provided under (b)(ii) of this subsection. Such used oil is subject to WAC 173-303-510 rather than this section when burned for energy recovery unless the presumption of mixing can be successfully rebutted.)) |
(2) Prohibitions.
(a) A person may market off-specification used oil for energy recovery only:
(i) To burners or other marketers who have notified the department of their used oil management activities stating the location and general description of such activities, and who have an EPA/state identification number; and
(ii) To burners who burn the used oil in an industrial furnace or boiler identified in (b) of this subsection.
(b) Off-specification used oil may be burned for energy recovery in only the following devices:
(i) Industrial furnaces identified in WAC 173-303-040; or
(ii) Boilers, as defined in WAC 173-303-040 that are identified as follows:
(A) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;
(B) Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale; or
(C) Used oil-fired space heaters provided that:
(I) The heater burns only used oil that the owner or operator generates or used oil received from do-it-yourself oil changers who generate used oil as household waste;
(II) The heater is designed to have a maximum capacity of not more than 0.5 million Btu per hour; and
(III) The combustion gases from the heater are vented to the ambient air.
(3) Standards applicable to generators of used oil burned for energy recovery.
(a) Except as provided in (b) and (c) of this subsection generators of used oil are not subject to this section.
(b) Generators who market used oil directly to a burner are subject to subsection (4) of this section.
(c) Generators who burn used oil are subject to subsection (5) of this section.
(4) Standards applicable to marketers of used oil burned for energy recovery.
(a) Persons who market used oil fuel are termed "marketers." Except as provided below, marketers include generators who market used oil fuel directly to a burner, persons who receive used oil from generators and produce, process, or blend used oil fuel from these used oils. However, the following persons are not marketers subject to this section:
(i) Used oil generators, and collectors who transport used oil received only from generators, unless the generator or collector markets the used oil directly to a person who burns it for energy recovery. However, persons who burn some used oil fuel for purposes of processing or other treatment to produce used oil fuel for marketing are considered to be burning incidentally to processing. Thus, generators and collectors who market to such incidental burners are not marketers subject to this section;
(ii) Persons who market only used oil fuel that meets the specification under Table 1 of subsection (1) of this section and who are not the first person to claim the oil meets the specification (i.e., marketers who do not receive used oil from generators or initial transporters and marketers who neither receive nor market off-specification used oil fuel).
(b) Marketers are subject to the following requirements:
(i) Analysis of used oil fuel. Used oil fuel is subject to regulation under this section unless the marketer obtains analyses or other information documenting that the used oil fuel meets the specification provided under Table 1 of subsection (1) of this section.
(ii) Prohibitions. The prohibitions under subsection (2)(a) of this section;
(iii) Notification. Notification to the department stating the location and general description of used oil management activities. Even if a marketer has previously notified the department of his dangerous waste management activities under WAC 173-303-060 and obtained an EPA/state identification number, he must renotify to identify his used oil management activities.
(iv) Invoice system. When a marketer initiates a shipment of off-specification used oil, he must prepare and send the receiving facility an invoice containing the following information:
(A) An invoice number;
(B) His own EPA/state identification number and the EPA/state identification number of the receiving facility;
(C) The names and addresses of the shipping and receiving facilities;
(D) The quantity of off-specification used oil to be delivered;
(E) The date(s) of shipment or delivery; and
(F) The following statement: "This used oil subject to Washington state department of ecology regulation under WAC 173-303-515;
(A) Before a marketer initiates the first shipment of off-specification used oil to a burner or other marketer, he must obtain a one-time written and signed notice from the burner or marketer certifying that:
(I) The burner or marketer has notified the department stating the location and general description of his used oil management activities; and
(II) If the recipient is a burner, the burner will burn the off-specification used oil only in an industrial furnace or boiler identified in subsection (2)(b) of this section; and
(B) Before a marketer accepts the first shipment of off-specification used oil from another marketer subject to the requirements of this subsection, he must provide the marketer with a one-time written and signed notice certifying that he has notified the department of his used oil management activities; and
(vi) Recordkeeping.
(A) Used oil fuel that meets the specification. A marketer who first claims under (b)(i) of this subsection that used oil fuel meets the specification must keep copies of analysis (or other information used to make the determination) of used oil for three years. Such marketers must also record in an operating log and keep for three years the following information on e