Current through Register Vol. 24-06, March 15, 2024
(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, or discovers on their site, a solid
waste, as defined in WAC
173-303-016
(including recyclable materials) that is not exempted or excluded by this
chapter, or by the department, or who is directed to or must further designate
waste by subsection (4) or (5) of this section. Any person who generates or
discovers a solid waste on their site must make an accurate determination if
that waste is a dangerous waste in order to ensure wastes are properly managed
according to applicable dangerous waste regulations. A dangerous waste
determination is made by following the designation 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.
(2)
(a)
Except as provided in (c) of this subsection, 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 runoff.
Precipitation runoff will not be considered a dangerous waste if it can be
shown that the runoff has not been contaminated with the dangerous waste, or
that the runoff is adequately addressed under existing state laws (e.g.,
chapter 90.48 RCW), or that the runoff 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)
(i) A dangerous waste that is listed in WAC
173-303-081(1)
or
173-303-082(1)
solely because it exhibits one or more characteristics of ignitability as
defined under WAC
173-303-090(5),
corrosivity as defined under WAC
173-303-090(6),
or reactivity as defined under WAC
173-303-090(7)
is not a dangerous waste, if the waste no longer exhibits any characteristic of
dangerous waste identified in WAC
173-303-090
or any criteria identified in WAC
173-303-100.
(ii) The exclusion described in (c)(i) of
this subsection also pertains to:
(A) Any
solid waste generated from treating, storing, or disposing of a dangerous waste
listed in WAC
173-303-081(1)
or
173-303-082(1)
solely because it exhibits the characteristics of ignitability, corrosivity, or
reactivity as regulated under (a) and (b) of this section.
(B) Wastes excluded under this section are
subject to 40 C.F.R. Part 268, which is incorporated by reference at WAC
173-303-140(2)(a)
(as applicable), even if they no longer exhibit a characteristic at the point
of land disposal.
(3) Designation procedures.
(a) The dangerous waste designation for each
solid waste must begin promptly at the point of waste generation or upon the
discovery of a solid waste on their site. This must be done before any
dilution, mixing, or other alteration of the waste occurs, and at any time in
the course of its management that it has, or may have, changed its properties
as a result of exposure to the environment or other factors that may change the
properties of the waste such that the solid waste or dangerous waste
classification of the waste may change.
(b) A person must determine whether the solid
waste is excluded from regulation under WAC
173-303-071.
(c) A person must check each section, in the
order set forth in (d) of this subsection, to determine whether the waste is
designated as a dangerous waste. When the waste is determined to be a dangerous
waste following the steps in (d)(i) through (iii) of this subsection, 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 this
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.
(d) 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, determine if the waste also
exhibits one or more 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 one or more dangerous waste criteria, WAC
173-303-100.
(e) 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
accurately; and
(B) All data and
records supporting this determination in accordance with WAC
173-303-210(3)
are retained on-site; and
(C) When
available knowledge is inadequate or absent to make an accurate designation,
the generator must test the waste according to the methods, or an approved
equivalent method, set forth in WAC
173-303-110.
(f) Persons testing their waste
must obtain a representative sample of the waste for the testing set forth in
WAC
173-303-110.
(g) Test results from properly performed test
methods specified in WAC
173-303-090
and
173-303-100
are definitive for determining the designation and regulatory status of the
waste.
(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 accurately.
(5) Additional designation required. A
generator must manage dangerous waste under the most stringent management
standards that apply. 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 be further designated under the dangerous waste criteria, WAC
173-303-100.
This further designation under the criteria is necessary because 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
designating, 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) through (5) of this section.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-070, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-070, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-070, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-070, filed 5/10/00, effective 6/10/00. 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 C.F.R. 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.