Current through Register Vol. 24-06, March 15, 2024
(1) A
waste will be designated as a dangerous waste and assigned a "P" or "U" code if
it is handled in any of the manners described in (e) of this subsection, and if
it is a residue from the management of:
(a) A
commercial chemical product or manufacturing chemical intermediate (see
definition in WAC
173-303-040 ) which
has the generic name listed in the discarded chemical products list, WAC
173-303-9903;
(b) An off-specification commercial chemical
product or manufacturing chemical intermediate which if it had met
specifications would have the generic name listed in the discarded chemical
products list, WAC
173-303-9903;
(c) Any containers, inner liners, or residue
remaining in a container or in an inner liner removed from a container that has
held any commercial chemical product or manufacturing chemical intermediate
that has, or any off-specification commercial chemical product or manufacturing
chemical intermediate which if it had met specifications would have, the
generic name listed on the "P" or "U" discarded chemical products list of WAC
173-303-9903,
unless the containers or inner liners are empty as described in WAC
173-303-160(2)
or 173-303-555(8);
(d) Any residue
or contaminated soil, water, or other debris resulting from the cleanup of a
spill of a commercial chemical product or manufacturing chemical intermediate
which has, or of an off-specification commercial chemical product or
manufacturing chemical intermediate which if it had met specifications would
have, the generic name listed in the discarded chemical products list, WAC
173-303-9903;
(e) The materials or items described in (a),
(b), (c), and (d) of this subsection are dangerous wastes when they are:
(i) Discarded or intended to be discarded as
described in WAC
173-303-016(3)(b)(i);
(ii) Burned for purposes of energy recovery
in lieu of their original intended use;
(iii) Used to produce fuels in lieu of their
original intended use;
(iv) Applied
to the land in lieu of their original intended use; or
(v) Contained in products that are applied to
the land in lieu of their original intended use.
(2) Quantity exclusion limits:
(a) A person with a waste or wastes
(including residues from the management of wastes) identified in subsection (1)
of this section, will be a dangerous waste generator (and may not be considered
a small quantity generator as determined in WAC
173-303-169(3)
) if the amount of their waste exceeds the following quantity exclusion limits:
(i) For chemicals designated on the "P"
discarded chemical products list of WAC
173-303-9903
- 2.2 lbs. (1.0 kg) per month or per batch. Such wastes are designated DW and
are identified as acute hazardous wastes;
(ii) For chemicals, and for residues from the
cleanup of spills involving chemicals, designated on the "U" discarded chemical
products list of WAC
173-303-9903
- 220 lbs. (100 kg) per month or per batch. Such wastes are designated
DW;
(iii) For containers or inner
liners which held any chemical designated on the "P" discarded chemical
products list of WAC
173-303-9903
- 2.2 lbs. (1.0 kg) of residue remaining in the containers or inner liners per
month or per batch unless the containers or inner liners meet the definition of
empty and have been triple rinsed as described in WAC
173-303-160(2).
Such wastes are designated DW and are identified as acute hazardous
wastes;
(iv) For residues,
contaminated soil, water, or other debris resulting from the cleanup of a
spill, into or on any land or water, of any chemical designated on the "P"
discarded chemical products list of WAC
173-303-9903
- 220 lbs. (100 kg) per month or per batch. Such wastes are designated DW and
are identified as acute hazardous wastes.
(b) A person's total monthly waste quantity
is the sum of all their wastes which share a common quantity exclusion limit
(e.g., the total quantity of all discarded chemical products with a 2.2 pound
QEL, the total quantity of all residues contaminated by discarded chemical
products with a 2.2 pound QEL, etc.) which were generated during a month or a
batch operation at each specific waste generation site.
(3) Dangerous waste numbers and mixtures. A
waste that has been designated as a discarded chemical product dangerous waste
must be assigned the dangerous waste number or numbers listed in WAC
173-303-9903
next to the generic chemical or chemicals that caused the waste to be
designated. A mixture of a solid waste with a waste that would be designated as
a discarded chemical product under this section must be designated. The mixture
designation is the same as the designation for the discarded chemical product
that was mixed with the solid waste unless it has been excluded under WAC
173-303-070(2)(c).
For example, a mixture containing 2.2 lbs. (1 kg) of Aldrin (dangerous waste
number P004, DW designation, QEL of 2.2 lbs.) and 22 lbs. (10 kg) of a solid
waste, would be designated DW, and identified as acute hazardous waste. The
mixture would have the dangerous waste number P004. (4) Reserve.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-081, 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), §
173-303-081, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-081, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-081, filed 10/19/95, effective 11/19/95. 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), §
173-303-081, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 87-14-029
(Order DE-87-4), § 173-303-081, filed 6/26/87; 86-12-057 (Order DE-85-10),
§ 173-303-081, filed 6/3/86; 84-09-088 (Order DE 83-36), §
173-303-081, filed 4/18/84. Statutory Authority:
RCW
70.95.260 and
chapter
70.105 RCW. 82-05-023
(Order DE 81-33), § 173-303-081, filed
2/10/82.
