Current through Register Vol. 24-06, March 15, 2024
Any person who generates a solid waste must determine if their
solid waste designates as DW or EHW by the requirements of WAC
173-303-070
through
173-303-100.
A person is a dangerous waste generator if their solid waste is designated as
such.
(1) The following definitions
apply to this section:
(a) "Condition for
exemption" means any requirement in WAC
173-303-171
through
173-303-174,
173-303-200
through
173-303-201,
173-303-235
and also in WAC
173-303-160(2)(b)
in reference to farmers, that states an event, action, or standard that must
occur or be met in order to obtain an exemption from any applicable requirement
in WAC
173-303-400,
173-303-600,
173-303-800
and from any requirement for notification under WAC
173-303-060.
(b) "Independent requirement" means a
requirement of WAC 173-303-170(2) that states an event, action, or standard
that must occur or be met, and that applies without relation to, or
irrespective of, the purpose of obtaining a conditional
exemption.
(2) The
regulations in this section establish standards for generators of dangerous
waste.
(a) A person who generates a dangerous
waste is subject to all the applicable independent requirements in the sections
and subsections listed below:
(i) Independent
requirements of a small quantity generator:
(A) Designate their waste in accordance with
WAC
173-303-070;
(B) Determine generator category in
accordance with WAC
173-303-169;
(C) Manage their waste in a way that does not
pose a potential threat to human health or the environment; and
(D) Submit an annual report in accordance
with WAC
173-303-220
if they have obtained an EPA/state identification number pursuant to WAC
173-303-060;
and
(E) If a small quantity
generator's wastes are mixed with used oil, the mixture is subject to WAC
173-303-510 if it is destined to be burned for energy recovery. Any material
produced from such a mixture by processing, blending, or other treatment is
also subject to WAC 173-303-510 if it is destined to be burned for energy
recovery; and
(F) If a small
quantity generator's used oil is to be recycled by being burned for energy
recovery or rerefined, the used oil is subject to WAC
173-303-515.
(ii) Independent requirements of a medium
quantity generator:
(A) WAC
173-303-070
Designation of dangerous waste. The generator is responsible for designating
their waste as DW or EHW;
(B) WAC
173-303-169
Quantity exclusion limits-Generator category determinations. The generator is
responsible for determining their generator category;
(C) WAC
173-303-060
Notification, identification numbers, and annual reports. A dangerous waste
generator must notify the department and obtain an EPA/state identification
number as required by WAC
173-303-060;
(D) WAC
173-303-140.
The generator must comply with all applicable land disposal restrictions for
dangerous wastes in WAC
173-303-140;
(E) WAC
173-303-180
Manifest;
(F) WAC
173-303-190
Preparing dangerous waste for transport;
(G) WAC
173-303-210
Generator recordkeeping;
(H) WAC
173-303-220
Generator reporting;
(I) WAC
173-303-230
Special conditions.
(iii)
Independent requirements of a large quantity generator:
(A) WAC
173-303-070
Designation of dangerous waste. The generator is responsible for designating
their waste as DW or EHW;
(B) WAC
173-303-169
Quantity exclusion limits-Generator category determinations. The generator is
responsible for determining their generator category;
(C) WAC
173-303-060
Notification, identification numbers, and annual reports. A dangerous waste
generator must notify the department and obtain an EPA/state identification
number as required by WAC
173-303-060;
(D) WAC
173-303-140.
The generator must comply with all applicable land disposal restrictions for
dangerous wastes in this section;
(E) WAC
173-303-180
Manifest;
(F) WAC
173-303-190
Preparing dangerous waste for transport;
(G) WAC
173-303-210
Generator recordkeeping;
(H) WAC
173-303-220
Generator reporting;
(I) WAC
173-303-230
Special conditions.
(b) A generator that accumulates dangerous
waste on site is a person that stores dangerous waste. Any generator who
stores, treats, or disposes of dangerous waste on site must perform their
operations in accordance with the TSD facility requirements (as specified by
WAC
173-303-600
) with the following exceptions:
(i) A small
quantity generator that meets the conditions for exemption in WAC
173-303-171;
or
(ii) A medium quantity generator
that meets the conditions of exemption in WAC
173-303-172
and
173-303-174;
or
(iii) A large quantity generator
that meets the conditions for exemption in WAC
173-303-174,
173-303-200,
and
173-303-201.
(iv) In addition to complying with the
requirements of (b)(ii) of this subsection for medium quantity generators, and
(b)(iii) of this subsection for large quantity generators, generators that
treat their dangerous waste on site in accumulation tanks, containers and
containment buildings must:
(A) Not treat
dangerous waste on drip pads; and
(B) Maintain a treatment log showing dates
and amounts of waste treated; and
(C) Comply with 173-303-283(3).
(v) A generator who treats special
waste on site provided:
(A) The accumulation
standards of WAC
173-303-073(2)(a)
and (b) are met;
(B) When treated in units other than tanks or
containers, the unit is designed, constructed, and operated in a manner that
prevents:
(I) A release of waste and waste
constituents to the environment;
(II) Endangerment of health of employees or
the public;
(III) Excessive noise;
and
(IV) Negative aesthetic impact
on the use of adjacent property.
(C) The treatment unit must also be inspected
routinely for deterioration that would lead to a release and repairs must be
conducted promptly.
(c) A generator shall not transport, offer
its dangerous waste for transport, or otherwise cause its dangerous waste to be
sent to a facility that is not a designated facility, as defined in WAC
173-303-040, or not
otherwise authorized to receive the generator's dangerous
waste.
(3) Determining
generator category. A generator must use WAC
173-303-169
to determine which provisions of this section are applicable to the generator
based on the quantity of dangerous waste generated per month.
(4) Any person who exports or imports
dangerous waste must comply with WAC
173-303-060
and
173-303-230.
(5) Violations of independent requirements or
conditions for exemption:
(a) Independent
requirement violations. A generator's violation of an independent requirement
is subject to penalty under this chapter 173-303 WAC and
RCW
70.105.080.
(b) Condition for exemption violations. A
generator's noncompliance with a condition for exemption in this section is not
subject to penalty under the authority of this chapter 173-303 WAC or
RCW
70.105.080 as a violation of a condition of
exemption.
Noncompliance by any generator with an applicable condition for
exemption from a storage permit and operations requirements means that the
facility is a storage facility operating without an exemption from the permit,
interim status, and operations requirements in WAC
173-303-400,
173-303-600,
173-303-800,
173-303-500
through
173-303-578,
173-303-700,
and the notification requirements of WAC
173-303-060.
Without an exemption, any violations of such storage requirements are subject
to penalty under this chapter 173-303 WAC and
RCW
70.105.080.
(6) Persons responding to an explosives or
munitions emergency in accordance with WAC
173-303-400(2)(c)
(xiii)(A)(IV) or
173-303-600(3)(p)(i)(D)
or (3)(p)(iv), and WAC
173-303-800(7)(c)(i)(D)
or (7)(c)(i)(E) are not required to comply
with the standards of WAC 173-303-170 through
173-303-230.
(7) Any person who exports or imports
hazardous waste subject to the manifesting requirements of WAC
173-303-180, the
universal waste management standards of WAC
173-303-573,
or to the export requirements in the spent lead-acid battery management
standards of WAC
173-303-520,
or to or from another country for recovery or disposal must comply with 40
C.F.R. 262 subpart H. 40 C.F.R. 262 subpart H is incorporated by reference at
WAC
173-303-230(1).
(8) The laboratories owned by an eligible
academic entity that chooses to be subject to the requirements of WAC
173-303-235
are not subject to (for purposes of this subsection, the terms "laboratory" and
"eligible academic entity" shall have the meaning as defined in WAC
173-303-235(1)
):
(a) The requirements of WAC
173-303-070(3)
or the regulations in WAC
173-303-174
for large quantity generators and medium quantity generators, except as
provided in WAC
173-303-235;
and
(b) The conditions of WAC
173-303-171,
for small quantity generators, except as provided in WAC
173-303-235.
(9) All reverse distributors (as defined in
WAC 173-303-555(1) ) are subject to WAC 173-303-555 for the management of
dangerous waste pharmaceuticals in lieu of this section.
(10) Each health care facility (as defined in
WAC 173-303-555(1) ) must determine whether it is subject to WAC 173-303-555
for the management of dangerous waste pharmaceuticals, based on the total
dangerous waste it generates per calendar month (including both dangerous waste
pharmaceuticals and nonpharmaceutical dangerous waste). A health care facility
that generates more than the following quantities of dangerous waste per
calendar month is subject to WAC 173-303-555 for the management of dangerous
waste pharmaceuticals in lieu of this section:
(a) 220 pounds (100 kg) of dangerous waste;
or
(b) 2.2 pounds (1 kg) of either
acute hazardous waste or WT01 extremely hazardous waste or any combination of
the two; or
(c) 220 pounds (100 kg)
of any residue or contaminated soil, water, or other debris, resulting from the
clean-up of a spill, into or on any land or water, of any acute hazardous waste
and/or WT01 extremely hazardous waste.
(11) A health care facility (as defined in
WAC 173-303-555(1) ) that is a small quantity generator when counting all its
dangerous waste generated per calendar month, including both dangerous waste
pharmaceuticals and nonpharmaceuti-cal dangerous waste, remains subject to
subsection (2)(a)(i) of this section and WAC
173-303-171
and is not subject to WAC 173-303-555, except for WAC 173-303-555(6) and (8)
and the optional provisions of WAC 173-303-555(5).
(12) Law enforcement agencies managing
dangerous waste have the option of complying with WAC 173-303-555(7) and (10)
with respect to only dangerous waste pharmaceuticals held in their custody. Law
enforcement agencies remain subject to all applicable dangerous waste
regulations with respect to the management of its other dangerous
wastes.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-170, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-170, 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), §
173-303-170, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-170, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-170, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 88-02-057
(Order DE 83-36), § 173-303-170, filed 1/5/88, effective 2/5/88; 87-14-029
(Order DE-87-4), § 173-303-170, filed 6/26/87; 86-12-057 (Order DE-85-10),
§ 173-303-170, filed 6/3/86; 84-09-088 (Order DE 83-36), §
173-303-170, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-170, filed 2/10/82.