Current through Register Vol. 24-06, March 15, 2024
(1) This section describes the requirements
for persons who recycle materials that are solid wastes and dangerous. Except
as provided in subsections (2) and (3) of this section, dangerous wastes that
are recycled are subject to the requirements for generators, transporters, and
storage facilities of subsection (4) of this section. Dangerous wastes that are
recycled will be known as "recyclable materials."
(2)
(a) The
following recyclable materials are solid wastes and sometimes are dangerous
wastes. However, they are subject only to the requirements of (b) of this
subsection, WAC
173-303-050,
173-303-145
and
173-303-960:
(i) Industrial ethyl alcohol that is
reclaimed except that exports and imports of such recyclable materials must
comply with the requirements of 40 C.F.R. Part 262, Subpart H. See export
requirements at
40 C.F.R.
261.6(a)(3)(i)(A) and (B)
that are incorporated by reference at WAC
173-303-230(1);
(ii) (Reserved);
(iii) (Reserved);
(iv) Scrap metal that is not excluded under
WAC
173-303-071(3)(ff);
(v) Fuels produced from the refining of
oil-bearing dangerous wastes along with normal process streams at a petroleum
refining facility if such wastes result from normal petroleum refining,
production, and transportation practices (this exemption does not apply to
fuels produced from oil recovered from oil-bearing dangerous wastes where such
recovered oil is already excluded under WAC
173-303-071(3)(cc)
);
(vi) (Reserved);
(vii) Coke and coal tar from the iron and
steel industry that contains dangerous waste from the iron and steel production
process;
(viii)
(A) Dangerous waste fuel produced from
oil-bearing dangerous wastes from petroleum refining, production, or
transportation practices, or produced from oil reclaimed from such dangerous
wastes, where such dangerous wastes are reintroduced into a process that does
not use distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under
40 C.F.R.
279.11 (which is incorporated by reference at
WAC
173-303-515(4)
) and so long as no other dangerous wastes are used to produce the dangerous
waste fuel;
(B) Dangerous waste
fuel produced from oil-bearing dangerous waste from petroleum refining
production, and transportation practices, where such dangerous wastes are
reintroduced into a refining process after a point at which contaminants are
removed, so long as the fuel meets the used oil fuel specification under
40 C.F.R.
279.11 (which is incorporated by reference at
WAC
173-303-515(4)
); and
(C) Oil reclaimed from
oil-bearing dangerous wastes from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process, so long as the reclaimed oil meets the
used oil fuel specification under
40 C.F.R.
279.11 (which is incorporated by reference at
WAC
173-303-515(4)
).
(b) Any
recyclable material listed in (a) of this subsection will be subject to the
applicable requirements listed in subsection (4) of this section if the
department determines, on a case-by-case basis, that:
(i) It is being accumulated, used, reused, or
handled in a manner that poses a threat to public health or the environment;
or
(ii) Due to the dangerous
constituent(s) in it, any use or reuse would pose a threat to public health or
the environment. Such recyclable material will be listed in WAC
173-303-016(6).
(3) The recyclable materials listed in (a)
through (h) of this subsection are not subject to the requirements of this
section but are subject to the requirements of WAC
173-303-070
through
173-303-110,
173-303-160,
173-303-500
through
173-303-525,
and all applicable provisions of WAC
173-303-800
through
173-303-840.
The recyclable materials listed in (b), (d), (f) and (g) of this subsection are
also subject to WAC
173-303-140.
In addition to these requirements, owners and operators of
facilities that receive recyclable materials from off-site are subject to WAC
173-303-610(2) and
(12) and to WAC
173-303-620(1)(e).
(a) Recycling requirements for state-only
dangerous wastes (see WAC
173-303-500
);
(b) Recyclable materials used in
a manner constituting disposal (see WAC
173-303-505
);
(c) Spent CFC or HCFC
refrigerants that are recycled on-site or sent to be reclaimed off-site (see
WAC
173-303-506
);
(d) Dangerous wastes burned (as
defined in WAC
173-303-510(1)(a)
) in boilers and industrial furnaces that are not regulated under Subpart O of
40 C.F.R. Part 265 or WAC
173-303-670 (see WAC
173-303-510
);
(e) (Reserved);
(f) Spent lead-acid batteries that are being
reclaimed (see WAC
173-303-520
);
(g) Recyclable materials from
which precious metals are reclaimed (see WAC
173-303-525
); and
(h) Spent antifreeze that is
recycled on-site or sent to be recycled off-site (see WAC
173-303-522
).
(4) Those recycling
processes not specifically discussed in subsections (2) and (3) of this section
are generally subject to regulation only up to and including storage prior to
recycling. For the purpose of this section, the department may determine on a
case-by-case basis that recyclable materials received from off-site are not
stored if they are moved into an active recycling process within a period of
time not to exceed seventy-two hours after being received. In making such a
determination, the department will consider factors including, but not limited
to, the types and volumes of wastes being recycled, operational factors of the
recycling process, and the compliance history of the owner or operator. An
active recycling process refers to a dynamic recycling operation that occurs
within a recycling unit such as a distillation or centrifuge unit. The phrase
does not refer to passive storage-like activities that occur, for example, when
tanks or containers are used for phase separation or for settling impurities.
Passive storage-like activities are not eligible for the recycling exemption
under this subsection.
The recycling process itself is generally exempt from
permitting unless the department determines, on a case-by-case basis, that the
recycling process poses a threat to public health or the environment.
Unless specified otherwise in subsections (2) and (3) of this
section:
(a) Generators of recyclable
materials are subject to all applicable requirements of this chapter including,
but not limited to, WAC
173-303-170
through
173-303-230;
(b) Transporters of recyclable materials are
subject to all applicable requirements of this chapter including, but not
limited to, WAC
173-303-240
through
173-303-270;
(c) Owners or operators of facilities that
receive recyclable materials from off-site and recycle these recyclable
materials without storing them before they are recycled are subject to the
following requirements:
(i) WAC
173-303-060,
(ii) WAC 173-303-120(4)(e),
(iii) WAC
173-303-283
through
173-303-290,
(iv) WAC
173-303-310 through
173-303-395,
(v) WAC
173-303-610(2) and
(12),
(vi) WAC
173-303-620(1)(e),
(vii) WAC
173-303-630(2)
through (10), and
(viii) WAC
173-303-640(2) through
(10) except that requirements to post-closure
planning or care in WAC
173-303-640(8)
will not apply to closure of recycling units. In lieu of the dates in WAC
173-303-640(2) and
(4), for existing tank systems regulated
under this subsection, owners and operators must complete the assessment of the
tank system's integrity by June 1, 1992, and must meet the secondary
containment requirements of WAC
173-303-640(4)
by January 12, 1993;
(ix) The owner or operator must obtain data,
by screening-type analysis if necessary, confirming the designation of each
waste stream, such that each dangerous waste received can be effectively
recycled without jeopardizing human health or the environment. The owner or
operator must verify the waste designation periodically, so that it is accurate
and current, but at least once every six months or on a batch basis if
shipments of a specific waste stream are less frequent. Copies of all analyses
and data must be retained for at least five years and made available to the
department upon request.
(d) Owners and operators of facilities that
store recyclable materials before they are recycled are subject to the
following requirements including, but not limited to:
(i) For all recyclers, the applicable
provisions of:
(A) WAC
173-303-280
through
173-303-395,
(B) WAC
173-303-800
through
173-303-840,
(C) WAC
173-303-140(2)(a),
(D) WAC
173-303-120(4)(e);
(ii)
For recyclers with interim status permits, the applicable storage provisions of
WAC
173-303-400
including Sub-parts F through L of 40 C.F.R. Part 265;
(iii) For recyclers with final facility
permits, the applicable storage provisions of:
(A) WAC
173-303-600
through
173-303-650,
and
(B) WAC
173-303-660.
(e) Owners and operators
of facilities subject to dangerous waste permitting requirements with dangerous
waste management units that recycle hazardous wastes are subject to the
requirements of WAC
173-303-690,
173-303-691
(Air emission standards for process vents and equipment leaks), and WAC
173-303-692
(Air emission standards for tanks, surface impoundments, and containers) for
final status facilities, and 40 C.F.R. Part 265 Subparts AA, BB, and CC,
incorporated by reference at WAC
173-303-400(3)
for interim status facilities.
(5) Used oil that is recycled and is also a
dangerous waste solely because it exhibits a dangerous waste characteristic or
criteria is not subject to this chapter except for applicable requirements of
WAC
173-303-515
and the requirements of 40 C.F.R. Part 279, which is incorporated by reference
at WAC
173-303-515.
Used oil that is recycled includes any used oil that is reused, following its
original use, for any purpose (including the purpose for which the oil was
originally used). Such term includes, but is not limited to, oil that is
re-refined, reclaimed, burned for energy recovery, or reprocessed.
(6) Hazardous waste that is exported to or
imported from any country for recovery is subject to the requirements of 40
C.F.R. Part 262, Subpart H.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-120, 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), §
173-303-120, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-120, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-120, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-120, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-120, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 93-02-050
(Order 92-32), § 173-303-120, 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), §
173-303-120, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 88-18-083
(Order 88-29), § 173-303-120, filed 9/6/88; 88-07-039 (Order 87-37),
§ 173-303-120, filed 3/11/88; 87-14-029 (Order DE-87-4), §
173-303-120, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-120,
filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-120, filed 6/27/84.
Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-120, filed 2/10/82.