Current through Register Vol. 24-06, March 15, 2024
(1) Purpose.
(a) The purpose of this section is to
encourage the best management practices for dangerous wastes according to the
priorities of
RCW
70.105.150 which are, in order of priority:
(i) Reduction;
(ii) Recycling;
(iii) Physical, chemical, and biological
treatment;
(iv)
Incineration;
(v) Stabilization and
solidification; and
(vi)
Landfill.
(b) This
section identifies dangerous wastes that are restricted from land disposal,
describes requirements for restricted wastes, and defines the circumstances
under which a prohibited waste may continue to be land disposed.
(c) For the purposes of this section, the
term "landfill," as stated in the priorities of
RCW
70.105.150, will be the same as the term
"land disposal." Land disposal will be used in this section to identify the
lowest waste management priority.
(2) Applicability.
The land disposal restrictions of this section apply to any
person who owns or operates a dangerous waste treatment, storage, or disposal
facility in Washington state and to any person who generates or transports
dangerous waste.
(a) Land disposal
restrictions for wastes designated in accordance with WAC
173-303-070(3)
(d)(i) through (iii) are the restrictions set
forth by the Environmental Protection Agency in 40 C.F.R. Part 268 which are
incorporated by reference into this regulation, as modified in (c) through (f)
of this subsection, and the restrictions set forth in subsections (3) through
(7) of this section. The words "regional administrator" (in 40 C.F.R.) will
mean the "department," except for 40 C.F.R. Parts 268.5 and 268.6; 268 Sub-part
B; 268.42(b) and 268.44 (a) through (g). The authority for implementing these
excluded C.F.R. sections remains with the U.S. Environmental Protection Agency.
The word "EPA" (in 40 C.F.R.) means "Ecology" at
40 C.F.R.
268.44(m) and
268.45(a).
The exemption and exception provisions of subsections (3) through (7) of this
section are not applicable to the federal land disposal restrictions.
Where the federal regulations that have been incorporated by
reference refer to
40 C.F.R.
260.11, data provided under this section must
instead meet the requirements of WAC
173-303-110.
(b) Land disposal restrictions for state-only
dangerous waste are the restrictions set forth in subsections (3) through (7)
of this section.
(c) Where
40
C.F.R. 268.7(a)(1) is
incorporated by reference, delete the sentence "Alternatively, the generator
must send the waste to a RCRA-permitted hazardous waste treatment facility,
where the waste treatment facility must comply with the requirements of 264.13
of this chapter and paragraph (b) of this section."
(d) Where
40
C.F.R. 268.7(a)(2) is
incorporated by reference:
(i) Delete the
words "or if the generator chooses not to make the determination of whether
their waste must be treated" from the first sentence; and
(ii) Delete the sentence "(Alternatively, if
the generator chooses not to make the determination of whether the waste must
be treated, the notification must include the EPA Hazardous Waste Numbers and
Manifest Number of the first shipment and must state 'This hazardous waste may
or may not be subject to the LDR treatment standards. The treatment facility
must make the determination'.)"
(e) Where
40
C.F.R. 268.7(b)(6) is
incorporated by reference, replace the words "for the initial shipment of
waste, prepare a one-time certification described in paragraph (b)(4) of this
section, and a one-time notice which includes the information in paragraph
(b)(3) of this section (except the manifest number)" with the words "submit a
certification described in paragraph (b)(4) of this section, and a notice which
includes the information listed in paragraph (b)(3) of this section (except for
the manifest number) to the department for each shipment".
(f) Where
40
C.F.R. 268.9(d) is
incorporated by reference, replace paragraph (d) with the following: Wastes
that exhibit a characteristic are also subject to Section 268.7 requirements,
except that once the waste is no longer dangerous, a one-time notification and
certification must be placed in the generators or treaters files and sent to
the department. The notification and certification that is placed in the
generators or treaters files must be updated if the process or operation
generating the waste changes and/or if the subtitle D facility 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.
(i) The
notification must include the following information:
(A) Name and address of the RCRA Subtitle D
facility receiving the waste shipment; and
(B) A description of the waste as initially
generated, including the applicable dangerous waste code(s), treatability
group(s), and underlying hazardous constituents (as defined in Sec. 268.2(i)),
unless the waste will be treated and monitored for all underlying hazardous
constituents. If all underlying hazardous constituents will be treated and
monitored, there is no requirement to list any of the underlying hazardous
constituents on the notice.
(ii) The certification must be signed by an
authorized representative and must state the language found in Section 268.7
(b)(4).
If treatment removes the characteristic but does not meet
standards applicable to underlying hazardous constituents, then the
certification found in Sec. 268.7 (b)(4)(iv) applies.
(3) Definitions.
When used in this section the following terms have the meaning
provided in this subsection. All other terms have the meanings given under WAC
173-303-040.
(a) "Dangerous waste constituents" means
those constituents listed in WAC
173-303-9905
and any other constituents which have caused a waste to be a dangerous waste
under this chapter.
(b) "Land
disposal" means placement in a facility or on the land with the intent of
leaving the dangerous waste at closure, and includes, but is not limited to,
placement for disposal purposes in a: Landfill; surface impoundment; waste
pile; injection well; land treatment facility; salt dome or salt bed formation;
underground cave or mine; concrete vault or bunker.
(c) "Organic/carbonaceous waste" means a
dangerous waste that contains combined concentrations of greater than ten
percent organic/carbonaceous constituents in the waste; organic/carbonaceous
constituents are those substances that contain carbon-hydrogen, carbon-halogen,
or carbon-carbon chemical bonding.
(d) "Solid acid waste" means a dangerous
waste that exhibits the characteristic of low pH under the corrosivity test of
WAC
173-303-090(6)(a)(iii).
(e) "Stabilization" and "solidification" mean
a technique that limits the solubility and mobility of dangerous waste
constituents. Solidification immobilizes a waste through physical means and
stabilization immobilizes the waste by bonding or chemically reacting with the
stabilizing material.
(4)
Land disposal restrictions and prohibitions. The land disposal requirements of
this subsection apply to land disposal in Washington state.
(a) Disposal of extremely hazardous waste
(EHW). No person may land dispose of EHW, except as provided in subsection (5)
of this section, at any land disposal facility in the state. No person may land
dispose of EHW at the facility established under
RCW
70.105.050, except as provided by subsections
(5), (6), and (7) of this section. A person is encouraged to reclaim, recycle,
recover, treat, detoxify, neutralize, or otherwise process EHW to remove or
reduce its harmful properties or characteristics, provided that such processing
is performed in accordance with the requirements of this chapter.
(b) Disposal of liquid waste. Special
requirements for bulk and containerized liquids.
(i) The placement of bulk or noncontainerized
liquid dangerous waste or dangerous waste containing free liquids (whether or
not sorbents have been added) in any landfill is prohibited.
(ii) Containers holding free liquids must not
be placed in a landfill unless:
(A) All
free-standing liquid:
(I) Has been removed by
decanting, or other methods; or
(II) Has been mixed with sorbent or
stabilized (solidified) so that free-standing liquid is no longer observed;
or
(III) Has been otherwise
eliminated; or
(B) The
container is very small, such as an ampule; or
(C) The container is designed to hold free
liquids for use other than storage, such as a battery or capacitor;
or
(D) The container is a labpack
and is disposed of in accordance with WAC
173-303-161
and this chapter.
(iii)
To demonstrate the absence or presence of free liquids in either a
containerized or a bulk waste, the following tests must be used: Method 9095
(Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid
Wastes, Physical/Chemical Methods" EPA Publication SW-846 as incorporated by
reference in WAC
173-303-110(3)(a).
(iv) Sorbents used to treat free liquids to
be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents
are: Materials listed or described in (b)(iv)(A) of this subsection; materials
that pass one of the tests in (b)(iv)(B) of this subsection; or materials that
are determined by the department to be nonbiodegradable through WAC
173-303-910.
(A) Nonbiodegradable sorbents.
(I) Inorganic minerals, other inorganic
materials, and elemental carbon (e.g., aluminosilicates, clays, smectites,
Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined
montmorillonite, kaolinite, micas (illite), vermicu-lites, zeolites; calcium
carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica
(sand), diatoma-ceous earth; perlite (volcanic glass); expanded volcanic rock;
volcanic ash; cement kiln dust; fly ash; rice hull ash; activated
charcoal/activated carbon); or
(II)
High molecular weight synthetic polymers (e.g., polyethylene, high density
polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate,
polynor-borene, polyisobutylene, ground synthetic rubber, cross-linked
allylstyrene and tertiary butyl copolymers). This does not include polymers
derived from biological material or polymers specifically designed to be
degradable; or
(III) Mixtures of
these nonbiodegradable materials.
(B) Tests for nonbiodegradable sorbents.
(I) The sorbent material is determined to be
nonbiode-gradable under ASTM Method G21-96 (2002) - Standard Practice for
Determining Resistance of Synthetic Polymer Materials to Fungi; or
(II) The sorbent material is determined to be
nonbiode-gradable under OECD (Organization for Economic Cooperation and
Development) test 301B: [CO2 Evolution (Modified Sturm
Test)].
(v) The
placement of any liquid which is not a dangerous waste in a landfill is
prohibited unless the owner or operator of such landfill demonstrates to the
department, or the department determines, that:
(A) The only reasonably available alternative
to the placement in such landfill is placement in a landfill or unlined surface
impoundment, whether or not permitted or operating under interim status, which
contains, or may reasonably be anticipated to contain, hazardous waste;
and
(B) Placement in such owner or
operator's landfill will not present a risk of contamination of any underground
source of drinking water (as that term is defined in WAC
173-303-040
).
(c) Disposal
of solid acid waste. No person may land dispose solid acid waste, except as
provided in subsection (5), (6), or (7) of this section. A person is encouraged
to reclaim, recycle, recover, treat, detoxify, neutralize, or otherwise process
these wastes to remove or reduce their harmful properties or characteristics,
provided that such processing is performed in accordance with the requirements
of this chapter.
(d) Disposal of
organic/carbonaceous waste.
(i) No person may
land dispose organic/carbonaceous waste, except as provided in subsection (5),
(6), or (7) of this section. A person is encouraged to reclaim, recycle,
recover, treat, detoxify, or otherwise process these wastes to remove or reduce
their harmful properties or characteristics, provided that such processing is
performed in accordance with the requirements of this chapter.
Organic/carbonaceous wastes must be incinerated as a minimum management method
according to the dangerous waste management priorities as defined in subsection
(1)(a) of this section.
(ii) This
prohibition against the land disposal of organic/carbonaceous waste does not
apply to black mud generated from the caustic leach recovery of cryolite at
primary aluminum smelting plants.
(iii) This prohibition against the land
disposal of organic/ carbonaceous waste does not apply to any person who
certifies to the department that recycling, treatment and incineration
facilities are not available within a radius of one thousand miles from
Washington state's borders. Such certification must be sent to the department
by certified mail or other means that establish proof of receipt (including
applicable electronic means) and must include: The name, address and telephone
number of the person certifying; a brief description of the
organic/carbonaceous waste covered by the certification; a discussion of the
efforts undertaken to identify available recycling, treatment and incineration
facilities; and the signature of the person responsible for the certification
and development of information used to support the certification. Records and
information supporting the certification must be retained by the certifying
person and must be made available to the department upon request.
A certification that has been properly submitted to the
department will remain valid until the department determines that a recycling,
treatment or incineration facility is available within a radius of one thousand
miles from Washington state's borders and the person who submitted the
certification is unable to demonstrate otherwise. A recycling, treatment or
incineration facility will be considered by the department to be available if
such facility: Is operating, and; can safely and legally recycle, treat or
incinerate the organic/carbonaceous waste, and; has sufficient capacity to
receive and handle significant amounts of the waste, and; agrees to accept the
waste.
(5) Treatment in land disposal facilities.
The land disposal restrictions in subsection (4) of this section do not apply
to persons treating dangerous wastes in surface impoundments, waste piles, or
land treatment facilities provided that such treatment is performed in
accordance with the requirements of this subsection and this chapter.
(a) Surface impoundment treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid
waste, and organic/carbonaceous waste may be placed in surface impoundments for
purposes of treatment provided the owner/operator can demonstrate that
effective treatment of the dangerous waste constituents will occur and at
closure the owner/operator complies with the prohibitions and restrictions of
subsection (4) of this section.
(b) Waste pile treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid
waste, and organic/carbonaceous waste may be placed in waste piles for purposes
of treatment provided the owner/operator can demonstrate that effective
treatment of dangerous waste constituents will occur and that at closure the
owner/operator will be in compliance with the prohibitions and restrictions of
subsection (4) of this section.
(c) Land treatment.
Liquid waste, extremely hazardous waste (EHW), and
organic/carbonaceous waste may be land treated provided that the owner/operator
can demonstrate that effective treatment of dangerous waste constituents will
occur, and at the end of the post-closure care period the owner/operator will
be in compliance with subsection (4) of this section.
(6) Case-by-case exemptions to a
land disposal prohibition. Any person may petition the department for an
exemption from a prohibition in subsection (4) of this section for the land
disposal of a dangerous waste. The procedures to submit a petition to the
department are specified in WAC
173-303-910(6).
The department may deny any petition if it determines that there is a potential
for dangerous waste constituents to migrate from the land disposal facility
where the waste is to be placed. The department will deny any petition when
exemption would result in a substantial or imminent threat to public health or
the environment. The department will deny any petition when exemption would
result in a violation of applicable state laws.
The department may grant an exemption from the prohibitions and
restrictions of subsection (4) of this section based on the demonstrations
specified in (a), (b) or (c) of this subsection.
(a) Land disposal exemption for treatment
residuals. Any person may request an exemption from a land disposal prohibition
in subsection (4) of this section for treatment residuals by demonstrating to
the department that:
(i) The person has
applied the best achievable management method to the original waste;
and
(ii) Application of additional
management methods to the treatment residuals would prevent the person from
utilizing the best achievable management methods for the original dangerous
waste; and
(iii) The land disposal
of the treatment residuals does not pose a greater risk to the public health
and the environment than land disposal of the original dangerous waste would
pose.
(b) Economic
hardship exemption. Any person may request an exemption from a prohibition in
subsection (4) of this section for the land disposal of a dangerous waste by
demonstrating to the department that alternative management of the dangerous
waste will impose an unreasonable economic burden in relation to the threat of
harm to public health and the environment. It will be solely within the
discretion of the department to approve or deny the requests for exemptions
based on economic hardship.
(c)
Organic/carbonaceous waste exemption. Any person may request an exemption from
the requirements in subsection (4) of this section by demonstrating to the
department that:
(i) Alternative management
methods for organic/carbonaceous waste are less protective of public health and
the environment than stabilization or landfilling; or
(ii)
(A)
The organic/carbonaceous waste has a heat content less than 3,000 BTU/LB or
contains greater than sixty-five percent water or other noncombustible
moisture; and
(B) Incineration is
the only management method available within a radius of one thousand miles from
Washington state's border (i.e., recycling or treatment are not
available).
(7) Emergency cleanup provision. The
department may, on a case-by-case basis, grant an exception to the land
disposal restrictions in subsection (4) of this section for an emergency
cleanup where an imminent threat to public health and the environment exists.
Any exception will require compliance with applicable state law and will
require (consistent with the nature of the emergency and imminent threat)
application of the waste management priorities of RCW 70.105.-150.
Reviser's note: The brackets and enclosed
material in the text of the above section occurred in the copy filed by the
agency and appear in the Register pursuant to the requirements of
RCW
34.08.040.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-140, filed 6/30/09, effective 7/31/09; 03-07-049 (Order
02-03), § 173-303-140, filed 3/13/03, effective 4/13/03; 98-03-018 (Order
97-03), § 173-303-140, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-140, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-140, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 88-02-057
(Order DE 83-36), § 173-303-140, filed 1/5/88, effective 2/5/88; 84-09-088
(Order DE 83-36), § 173-303-140, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-140, filed 2/10/82.
Reviser's note: The brackets and enclosed
material in the text of the above section occurred in the copy filed by the
agency.