Current through Register Vol. 24-06, March 15, 2024
(1) Purpose and applicability.
(a) The purpose of this section is to
describe the procedures that will be followed by generators and the department
when wastes are considered for exemption or exclusion from the requirements of
this chapter. Any person(s) whose waste is exempted or excluded will not be
subject to the requirements of this chapter unless the department revokes the
exemption or exclusion.
(b) Any
person seeking a waste exemption must submit a petition to the department
according to the procedures of WAC
173-303-910(3).
A petition for exemption will be assessed against the applicable bases for
exemption described in subsections (3) and (4) of this section.
(c) Any persons seeking to categorically
exclude a class of wastes must submit a petition to the department according to
the procedures of WAC
173-303-910(4).
A petition for exclusion will be assessed against the applicable bases for
exclusion described in subsection (6) of this section.
(2) Department procedures. When considering,
granting, or denying a petition for exemption or exclusion, the department will
follow the appropriate procedures described in WAC
173-303-910(1).
(3) Bases for exempting wastes. To
successfully petition the department to exempt a waste, the petitioner must
demonstrate to the satisfaction of the department that:
(a) He has been able to accurately describe
the variability or uniformity of his waste over time, and has been able to
obtain demonstration samples which are representative of his waste's
variability or uniformity; and, either
(b) The representative demonstration samples
of his waste are not designated DW or EHW by the dangerous waste criteria, WAC
173-303-100; or
(c) It can be shown, from information
developed by the petitioner through consultation with the department, that his
waste does not otherwise pose a threat to public health or the environment.
However, this basis for exemption is not applicable to wastes that exhibit any
of the characteristics specified in WAC
173-303-090, except 173-303-090
(6)(a)(iii).
(4)
Additional bases for exempting listed wastes. In addition to the demonstrations
required by subsections (3)(a) and (b) of this section, for wastes listed in
WAC 173-303-081 or
173-303-082 the petitioner must
also demonstrate to the satisfaction of the department that his waste is not
capable of posing a substantial present or potential threat to public health or
the environment when improperly treated, stored, transported, disposed of or
otherwise managed. The following factors will be considered by the department
when assessing such a demonstration:
(a)
Whether or not the listed waste contains the constituent or constituents which
caused it to be listed. (For the purposes of this subsection, the constituents
referred to will include any of the dangerous waste constituents listed in WAC
173-303-9905 );
(b) The nature of the threat posed by the
waste constituent(s);
(c) The
concentration of the constituent(s) in the waste;
(d) The potential of the constituent(s) or
any degradation product of the constituent(s) to migrate from the waste into
the environment under the types of improper management considered in (h) of
this subsection;
(e) The
persistence of the constituent(s) or any degradation product of the
constituent(s);
(f) The potential
for the constituent(s) or any degradation product of the constituent(s) to
degrade into nonharmful constituents and the rate of degradation;
(g) The degree to which the constituent(s) or
degradation product of the constituent(s) bioaccumulates in
ecosystems;
(h) The plausible types
of improper management to which the waste could be subjected;
(i) The quantities of the waste generated at
individual generation sites or on a statewide basis. Under this factor, the
department will also consider whether or not the waste is listed under WAC
173-303-081 as a discarded
chemical product and occurs in a relatively pure form. Any waste discarded
chemical product which exceeds the quantity exclusion limit specified in WAC
173-303-081(2)
for that waste will not be exempted;
(j) The nature and severity of the public
health and environmental damage that has occurred as a result of the improper
management of wastes containing the constituent(s);
(k) Actions taken by other governmental
agencies or regulatory programs based on the health or environmental threat
posed by the waste or waste constituent(s); and
(l) Such other factors as may be
appropriate.
(6) Bases for
categorically excluding classes of wastes. This subsection does not apply to
any waste class that includes hazardous waste regulated under 40 C.F.R. Part
261. To successfully petition the department to categorically exclude a class
of wastes, petitioners must demonstrate to the satisfaction of the department
that the petition or petitions for exclusion:
(a) Accurately describe the class of wastes
for which categorical exclusion is sought and show that the class of wastes
does not include any wastes which would be regulated as hazardous waste under
40 C.F.R. Part 261;
(b) Describe
the variability or uniformity of the class of wastes over time and in relation
to the individual wastes that comprise the class of waste;
(c) Discuss the generators and their
individual wastes that belong to the class of wastes and, to the extent
practical, any generators or individual wastes that, although belonging to the
class of wastes, are not represented by the petition or petitions;
and
(d) For each individual waste
within the class of wastes, provide the demonstration described by subsection
(3) of this section, except that where it is determined by consultation with
the department to be impractical to provide the demonstration for each
individual waste, the petitioner or petitioners will provide the demonstration
for samples of the individual wastes determined by consultation with the
department to be representative of the class of wastes.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-072, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-072, 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), §
173-303-072, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 84-14-031
(Order DE 84-22), § 173-303-072, filed
6/27/84.