Current through Register Vol. 24-06, March 15, 2024
(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, except as prohibited by WAC 173-303-555(6), 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 C.F.R. 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 that fails any state
criteria, if the waste is generated by persons who utilize the
arsenical-treated wood for the materials' intended end use. Intended end use
means the wood products must have been used in typical treated wood
applications (for example, fence posts, decking, poles, and timbers).
(ii) Wood treated with other
preservatives provided such treated wood and wood waste (for example, sawdust
and shavings) are, within one hundred eighty days after becoming waste:
(A) Disposed of at a landfill that is
permitted in accordance with chapter 173-350 WAC, Solid waste handling
standards, 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
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) (Reserved);
(j) Mining overburden returned to the mining
site;
(k) Polychlorinated biphenyl
(PCB) wastes:
(i) PCB containing dielectric
fluid and electric equipment containing such fluid, and any PCB wastes meeting
(k)(i)(B) of this subsection, whose disposal is regulated by EPA under 40
C.F.R. Part 761 (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 C.F.R. 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 C.F.R. Part
266;
(ii) Wastes that
would be designated as dangerous waste under this chapter solely because they
are listed as WPCB under WAC
173-303-9904
when such wastes are stored and disposed in a manner equivalent to the
requirements of 40 C.F.R. Part 761, Subpart D for PCB concentrations of 50 ppm
or greater.
(l) Samples:
(i) Except as provided in (l)(ii) and (iv) 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;
(iv) In order to
qualify for the exemption in (l)(i) and (ii) of this subsection, the mass of a
sample that will be exported to a foreign laboratory or that will be imported
to a U.S. laboratory from a foreign source must additionally not exceed 25
kg.
(m)
(Reserved);
(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-man-ufacturing
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 (NAICS codes 331111 and 332111), 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)(vii)
and (viii). 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) and (iv) 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
173-303-172(1),
173-303-180,
173-303-190,
and
173-303-200(1),
nor are such samples included in the quantity determinations of WAC
173-303-169
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 "treatabil-ity 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 C.F.R. 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.
(iv) In order to qualify for the
exemption in (r)(i) and (ii) of this subsection, the mass of a sample that will
be exported to a foreign laboratory or testing facility, or that will be
imported to a U.S. laboratory or testing facility from a foreign source must
additionally not exceed 25 kg.
(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 treat-ability 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 treat-ability 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 treatabil-ity 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 hazard(s) associated with the waste in the
container or tank for employees, emergency response personnel and the public.
(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 C.F.R. 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 groundwater 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 wastewa-ters
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)
(i) 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:
(A) The chromium in the waste is exclusively
(or nearly exclusively) trivalent chromium; and
(B) 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
(C) The waste is typically and frequently
managed in nonoxidizing environments.
(ii) Specific wastes which meet the standard
in (aa)(i) (A), (B), and (C) of this subsection (so long as they do not fail
the test for the toxicity characteristic for any other constituent, and do not
exhibit any other characteristic) are:
(A)
Chrome (blue) trimmings generated by the following subcategories of the leather
tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/ retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(B) Chrome (blue) shavings generated by the
following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/ retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(C) Buffing dust generated by the following
subcatego-ries of the leather tanning and finishing industry: Hair pulp/ chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish;
no beamhouse; through-the-blue.
(D)
Sewer screenings generated by the following subcat-egories of the leather
tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair
save/chrome tan/retan/ wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/ chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(F) Wastewater treatment sludges generated by
the following subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/ chrome tan/retan/wet finish; and
through-the-blue.
(G) Waste scrap
leather from the leather tanning industry, the shoe manufacturing industry, and
other leather product manufacturing industries.
(H) Wastewater treatment sludges from the
production of TiO2 pigment using chromium-bearing ores by the chloride
process.
(bb)
(i) Nonwastewater residues, such as slag,
resulting from high temperature metals recovery (HTMR) processing of K061, K062
or F006 waste, in units identified as rotary kilns, flame reactors, electric
furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric
furnace combinations or industrial furnaces (as defined in WAC
173-303-040 - blast
furnaces, smelting, melting and refining furnaces, and other devices the
department may add to the list - of the definition for "industrial furnace"),
that are disposed in subtitle D units, provided that these residues meet the
generic exclusion levels identified in the tables in this paragraph for all
constituents, and exhibit no characteristics of dangerous waste. Testing
requirements must be incorporated in a facility's waste analysis plan or a
generator's self-implementing waste analysis plan; at a minimum, composite
samples of residues must be collected and analyzed quarterly and/or when the
process or operation generating the waste changes. Persons claiming this
exclusion in an enforcement action will have the burden of proving by clear and
convincing evidence that the material meets all of the exclusion requirements.
Constituent
|
Maximum for any single composite sample-TCLP
(mg/l)
|
Generic exclusion levels for K061 and K062
nonwastewater HTMR residues
|
Antimony
|
0.10
|
Arsenic
|
0.50
|
Barium
|
7.6
|
Beryllium
|
0.010
|
Cadmium
|
0.050
|
Chromium (total)
|
0.33
|
(2)Lead
|
0.15
|
Mercury
|
0.009
|
Nickel
|
1.0
|
Selenium
|
0.16
|
Silver
|
0.30
|
Thallium
|
0.020
|
Zinc
|
70
|
Generic exclusion levels for F006 nonwastewater HTMR
residues
Antimony
|
0.10
|
Arsenic
|
0.50
|
Barium
|
7.6
|
Beryllium
|
0.010
|
Cadmium
|
0.050
|
Chromium (total)
|
0.33
|
Cyanide (total) (mg/kg)
|
1.8
|
Lead
|
0.15
|
Mercury
|
0.009
|
Nickel
|
1.0
|
Selenium
|
0.16
|
Silver
|
0.30
|
Thallium
|
0.020
|
Zinc
|
70
|
(ii) A
one-time notification and certification must be placed in the facility's files
and sent to the department for K061, K062 or F006 HTMR residues that meet the
generic exclusion levels for all constituents and do not exhibit any
characteristics that are sent to subtitle D units. The notification and
certification that is placed in the generator's or treater's files must be
updated if the process or operation generating the waste changes and/or if the
subtitle D unit receiving the waste changes. However, the generator or treater
need only notify the department on an annual basis if such changes occur. Such
notification and certification should be sent to the department by the end of
the calendar year, but no later than December 31. The notification must include
the following information: The name and address of the subtitle D unit
receiving the waste shipments; the dangerous waste number(s) and treatability
group(s) at the initial point of generation; and, the treatment standards
applicable to the waste at the initial point of generation. The certification
must be signed by an authorized representative and must state as follows: "I
certify under penalty of law that the generic exclusion levels for all
constituents have been met without impermissible dilution and that no
characteristic of dangerous waste is exhibited. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment." These wastes are not excluded if they
exhibit one or more of the dangerous waste characteristics (WAC
173-303-090
) or criteria (WAC
173-303-100
).
(cc)
(i) Oil-bearing hazardous secondary materials
(that is, sludges, by-products, or spent materials) that are generated at a
petroleum refinery (NAICS code 324110) and are inserted into the petroleum
refining process (NAICS code 324110 - 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 (NAICS codes 211111, 211112,
213111, 213112, 541360, 237120, 238910, 324110, 486110, 486910, 486210, 221210,
488210, 488999, 424710, 454311, 454312, 424720, 425120). 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 (NAICS code 324110) 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 NAICS code is 325110, 325120, 325188, 325192,
325193, or 325199, but where operations may also include NAICS codes 325211,
325212, 325110, 325132, 325192; 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, byproducts, 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, K172, K174, K175, K176, K177, K178, and
K181 if these wastes had been generated after the effective date of the
listing;
(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 do not exhibit any characteristic or criteria of
dangerous waste nor are 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) As of February 13, 2001, leachate or gas
condensate derived from K169 - K172 is no longer exempt if it is stored or
managed in a surface impoundment prior to discharge. As of November 21, 2003,
leachate or gas condensate derived from K176, K177, and K178 is no longer
exempt if it is stored or managed in a surface impoundment prior to discharge.
After February 26, 2007, leachate or gas condensate derived from K181 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
C.F.R. 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
C.F.R. 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 C.F.R.
63.446(e). The exemption
applies only to combustion at the mill generating the condensates.
(nn) Controlled substances, legend drugs, and
over-the-counter drugs that are state-only dangerous wastes and are held in the
custody of law enforcement agencies within the state of Washington, provided
the drugs are disposed of by incineration in a controlled combustion unit with
a heat input rate greater than 250 million British thermal units/hour and a
combustion zone temperature greater than 1500 degrees Fahrenheit, or a facility
permitted to incinerate municipal solid waste.
(oo) Cathode ray tubes (CRTs) and glass
removed from CRTs:
(i) Prior to processing:
These materials are not solid wastes if they are destined for recycling and if
they meet the following requirements:
(A)
Storage. CRTs must be either:
(I) Stored in a
building with a roof, floor, and walls; or
(II) Placed in a container (that is, a
package or a vehicle) that is constructed, filled, and closed to minimize
releases to the environment of CRT glass (including fine solid
materials).
(B) Labeling.
Each container in which the CRT is contained must be labeled or marked clearly
with one of the following phrases: "Used cathode ray tube(s) - contains leaded
glass" or "leaded glass from televisions or computers." It must also be
labeled: "Do not mix with other glass materials."
(C) Transportation. CRTs must be transported
in a container meeting the requirements of (oo)(i)(A)(II) and (B) of this
subsection.
(D) Speculative
accumulation and use constituting disposal. CRTs are subject to the limitations
on speculative accumulation as defined in WAC
173-303-016(5)(d).
If they are used in a manner constituting disposal, they must comply with the
applicable requirements of WAC
173-303-505
instead of the requirements of this section.
(E) Exports. In addition to the applicable
conditions specified in (oo)(i)(A) through (D) of this subsection, exporters of
CRTs must comply with the requirements in
40
C.F.R. 261.39(a)(5)(i) through
(xi), which are incorporated by reference
into this chapter 173-303 WAC.
(ii) Requirements for used CRT processing:
CRTs undergoing CRT processing as defined in WAC
173-303-040 are not
solid wastes if they meet the following requirements:
(A) Storage. CRTs undergoing processing are
subject to the requirement of (oo)(i)(D) of this subsection.
(B) Processing.
(I) All activities specified in the second
and third bullets of the definition of "CRT processing" in WAC
173-303-040 must be
performed within a building with a roof, floor, and walls; and
(II) No activities may be performed that use
temperatures high enough to volatilize lead from CRTs.
(iii) Processed CRT glass sent to
CRT glass making or lead smelting: Glass from CRTs that is destined for
recycling at a CRT glass manufacturer or a lead smelter after processing is not
a solid waste unless it is speculatively accumulated as defined in WAC
173-303-016(5)(d).
(iv) Use constituting disposal: Glass from
used CRTs that is used in a manner constituting disposal must comply with the
requirements of WAC
173-303-505.
(v) Notification and recordkeeping for
cathode ray tubes (CRTs) exported for reuse. Persons who export CRTs for reuse
must comply with the requirements in
40
C.F.R. 261.41, which are incorporated by
reference into this chapter 173-303 WAC.
(pp) Zinc fertilizers made from hazardous
wastes provided that:
(i) The fertilizers meet
the following contaminant limits:
(A) For
metal contaminants:
Maximum Allowable Total Concentration Constituent in
Fertilizer, per Unit (1%) of Zinc (ppm)
Arsenic ..................................
|
0.3
|
Cadmium ................................
|
1.4
|
Chromium ................................
|
0.6
|
Lead ....................................
|
2.8
|
Mercury .................................
|
0.3
|
(B) For
dioxin contaminants the fertilizer must contain no more than eight parts per
trillion of dioxin, measured as toxic equivalent (TEQ).
(ii) The manufacturer performs sampling and
analysis of the fertilizer product to determine compliance with the contaminant
limits for metals no less than every six months, and for dioxins no less than
every twelve months. Testing must also be performed whenever changes occur to
manufacturing processes or ingredients that could significantly affect the
amounts of contaminants in the fertilizer product. The manufacturer may use any
reliable analytical method to demonstrate that no constituent of concern is
present in the product at concentrations above the applicable limits. It is the
responsibility of the manufacturer to ensure that the sampling and analysis are
unbiased, precise, and representative of the product(s) introduced into
commerce.
(iii) The manufacturer
maintains for no less than three years records of all sampling and analyses
performed for purposes of determining compliance with the requirements of (pp)
(ii) of this subsection. Such records must at a minimum include:
(A) The dates and times product samples were
taken, and the dates the samples were analyzed;
(B) The names and qualifications of the
person(s) taking the samples;
(C) A
description of the methods and equipment used to take the samples;
(D) The name and address of the laboratory
facility at which analyses of the samples were performed;
(E) A description of the analytical methods
used, including any cleanup and sample preparation methods; and
(F) All laboratory analytical results used to
determine compliance with the contaminant limits specified in this subsection
(3)(pp).
(qq)
Debris. 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 C.F.R. section
268.45, which is incorporated by reference at
WAC
173-303-140(2)(a);
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.
(rr) Solvent-contaminated wipes that are sent
for cleaning and reuse are not solid wastes from the point of generation,
provided that:
(i) The solvent-contaminated
wipes, when accumulated, stored, and transported, are contained in nonleaking,
closed containers that are labeled "Excluded Solvent-Contaminated Wipes." The
containers must be able to contain free liquids, should free liquids occur.
During accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary to add
or remove solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container must be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
accumulated by the generator for up to one hundred eighty days from the
accumulation start date for each container prior to being sent for
cleaning;
(iii) At the point of
being sent for cleaning on site or at the point of being transported off site
for cleaning, the solvent-contaminated wipes must contain no free liquids as
defined in WAC
173-303-040;
(iv) Free liquids removed from the
solvent-contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in this chapter if the
solvent designates as a dangerous waste;
(v) Generators must maintain at their site
for five years the following documentation:
(A) Name and address of the laundry or dry
cleaner that is receiving the solvent-contaminated wipes;
(B) Documents proving that the one hundred
eighty-day accumulation time limit in (rr)(ii) of this subsection is being
met;
(C) Description of the process
the generator is using to ensure the solvent-contaminated wipes contain no free
liquids at the point of being laundered or dry cleaned on site or at the point
of being transported off site for laundering or dry cleaning;
(vi) The solvent-contaminated
wipes are sent to a laundry or dry cleaner whose discharge, if any, is
regulated under sections 301 and 402 or section 307 of the Clean Water Act.
(ss)
Solvent-contaminated wipes, except for wipes that are dangerous waste due to
the presence of trichloroethylene, that are sent for disposal are not dangerous
wastes from the point of generation, provided that:
(i) The solvent-contaminated wipes, when
accumulated, stored, and transported, are contained in nonleaking, closed
containers that are labeled "Excluded Solvent-Contaminated Wipes." The
containers must be able to contain free liquids, should free liquids occur.
During accumulation, a container is considered closed when there is complete
contact between the fitted lid and the rim, except when it is necessary to add
or remove solvent-contaminated wipes. When the container is full, or when the
solvent-contaminated wipes are no longer being accumulated, or when the
container is being transported, the container must be sealed with all lids
properly and securely affixed to the container and all openings tightly bound
or closed sufficiently to prevent leaks and emissions;
(ii) The solvent-contaminated wipes may be
accumulated by the generator for up to one hundred eighty days from the start
date of accumulation for each container prior to being sent for
disposal;
(iii) At the point of
being transported for disposal, the solvent-contaminated wipes must contain no
free liquids as defined in WAC
173-303-040;
(iv) Free liquids removed from the
solvent-contaminated wipes or from the container holding the wipes must be
managed according to the applicable regulations found in this chapter if the
solvent designates as a dangerous waste;
(v) Generators must maintain at their site
for five years the following documentation:
(A) Name and address of the permitted
treatment, storage, and disposal facility that is receiving the
solvent-contaminated wipes;
(B)
Documentation that the one hundred eighty-day accumulation time limit in
(ss)(ii) of this subsection is being met;
(C) Description of the process the generator
is using to ensure solvent-contaminated wipes contain no free liquids at the
point of being transported for disposal;
(vi) The solvent-contaminated wipes are sent
for disposal:
(A) To a dangerous waste
landfill regulated under WAC
173-303-280
through
173-303-400;
or
(B) To a dangerous waste
combustor, boiler, or industrial furnace regulated under 40 C.F.R. Parts 264,
265, or 266, Subpart H.
(tt) Airbag waste.
(i) Airbag waste at the airbag waste handler
or during transport to an airbag waste collection facility or designated
facility provided that:
(A) The airbag waste
is accumulated in a quantity of no more than two hundred fifty airbag modules
or airbag infla-tors and for no longer than one hundred eighty days, whichever
comes first;
(B) The airbag waste
is packaged in a container designed to address the hazard posed by the airbag
waste and labeled "Airbag Waste - Do Not Reuse";
(C) The airbag waste is sent directly to
either:
(I) An airbag waste collection
facility in the United States under the control of a vehicle manufacturer or
their authorized representative, or under the control of an authorized party
administering a remedy program in response to a recall under the National
Highway Traffic Safety Administration;
(II) A designated facility as defined in WAC
173-303-040;
(D) The transport of the airbag waste
complies with all applicable U.S. Department of Transportation regulations in
49 C.F.R. Part 171 through 180 during transit;
(E) The airbag waste handler maintains at the
handler facility for no less than five years records of all off-site shipments
of airbag waste and all confirmations of receipt from the receiving facility.
For each shipment, these records must, at a minimum, contain the name of the
transporter and date of the shipment; name and address of receiving facility;
and the type and quantity of airbag waste (i.e., airbag modules or air-bag
inflators) in the shipment. Confirmations of receipt must include the name and
address of the receiving facility; the types and quantity of the airbag waste
(i.e., airbag modules or airbag inflators) received; and the date which it was
received. Shipping records and confirmations of receipt must be made available
for inspection upon request by an authorized state inspector and may be
satisfied by routine business records (e.g., electronic or paper financial
records, bills of lading, copies of DOT shipping papers, or electronic
confirmations of receipt);
(ii) Once the airbag waste arrives at an
airbag waste collection facility or designated facility, it becomes subject to
all applicable dangerous waste regulations of this chapter, and the facility
receiving airbag waste is considered the dangerous waste generator for the
purposes of the dangerous waste regulations and must comply with the
requirements of WAC
173-303-060,
173-303-070,
and
173-303-169
through
173-303-210;
(iii) Reuse in vehicles of defective airbag
modules or defective airbag inflators subject to a recall under the National
Highway Traffic Safety Administration or managed under the exclusion is
considered sham recycling and prohibited under WAC
173-303-016(8).
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-071, filed 6/30/09, effective 7/31/09. Statutory
Authority: Chapters 70.95N,
70.105, and
70.105D RCW. 07-21-013 (Order
07-05), § 173-303-071, filed 10/5/07, effective 11/5/07. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-071, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-071, 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), §
173-303-071, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018, (Order
97-03), § 173-303-071, 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 C.F.R. 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.