Current through Register Vol. 24-06, March 15, 2024
(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 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; or
(d) Sham recycled, as defined in subsection
(8) of this section.
(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. Materials
must be placed in a storage unit with a label indicating the first date that
the material began to be accumulated. If placing a label on the storage unit is
not practical, the accumulation period must be documented through an inventory
log or other appropriate method. 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.
TABLE 1
Use constituting disposal WAC 173-303-016(5)(a) |
Energy recovery/ fuel WA C 173-303-016 (5)(b) |
Reclamation WAC 173-303-016(5)(c) |
Speculative accumulation WA C 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 that is not excluded under WAC
173-303-071(3)(ff)
|
(*) |
(*) |
(*) |
(*) |
Note: |
The terms "spent materials," "sludges," "by-products,"
"scrap metal" and "processed scrap metal" are defined in WAC
173-303-040. |
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.
|
(6) Inherently waste-like materials. The
following materials are solid wastes when they are recycled in any manner:
(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.
(8) Sham recycling. A material
found to be sham recycled is considered discarded and a solid waste. Sham
recycling is recycling that is not legitimate recycling as defined in WAC
173-303-019.
Statutory Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-016, filed 5/10/00, effective 6/10/00. 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 C.F.R. 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.