Current through Register Vol. 24-06, March 15, 2024
A medium quantity generator, not to include transporters as
referenced in WAC
173-303-240(3),
may accumulate dangerous waste on site without a permit, interim status,and
without complying with the requirements of WAC
173-303-600
provided that all the following conditions for exemption listed in this section
are met. The special provisions of this section do not apply to acutely
hazardous wastes or toxic EHW (WT01) that exceed the QEL that are being
generated or accumulated by the generator.
(1) Off-site shipments. All dangerous waste
is shipped off site to a designated facility or placed in an on-site facility
which is permitted by the department under WAC
173-303-800
through
173-303-845 or
recycled or treated on site in one hundred eighty days or less. A generator who
accumulates dangerous waste for more than one hundred eighty days is an
operator of a storage facility and is subject to the facility requirements of
this chapter and the permit requirements of this chapter as a storage facility
unless the generator has been granted an extension to the one hundred
eighty-day period by the department as described in subsection (3) of this
section.
(2) Generation. The
generator generates in a calendar month no more than the amounts specified in
the definition of "medium quantity generator" in WAC
173-303-040.
(3) Accumulation time limit. The generator
accumulates dangerous waste on site for no more than one hundred eighty days
unless the department has granted a maximum ninety-day extension to this one
hundred eighty-day period. The department may, on a case-by-case basis, grant a
maximum ninety-day extension to this one hundred eighty-day period if the
generator must transport its waste, or offer its waste for transportation, over
a distance of two hundred miles or more for off-site treatment, storage, or
disposal and the dangerous wastes must remain on site due to unforeseen,
temporary, and uncontrollable circumstances. For the purposes of this section,
the one hundred eighty-day accumulation period begins on the date that:
(a) The generator first generates a dangerous
waste; or
(b) The generator exceeds
its satellite accumulation limits prescribed in WAC
173-303-174(1).
(4) Accumulation limit. The
quantity of dangerous waste accumulated on site never exceeds the following
limits at any one time:
(a) 6,600 Pounds of
dangerous waste; or
(b) 2.2 Pounds
of acutely hazardous waste or toxic EHW (WT01); or
(c) 220 Pounds of residues from a cleanup of
acutely hazardous waste and/or toxic EHW (WT01).
(5) Accumulation of waste in containers.
(a) Condition of containers. If a container
holding dangerous waste is not in good condition (e.g., severe corroding or
rusting or flaking or scaling, and/or apparent structural defects) or if it
begins to leak or is leaking, the generator must transfer the dangerous waste
to a container that is in good condition and does not leak, and continue to
manage that container and waste in compliance with the conditions for exemption
of this section. In addition, the generator must address leaks and spills in
accordance with the applicable provisions of WAC
173-303-145
and
173-303-360.
(b) Compatibility of waste with container.
The generator must use a container made of or lined with materials which will
not react with, and are otherwise compatible with, the dangerous waste to be
stored, so that the ability of the container to contain the waste is not
impaired.
(c) Management of
containers.
(i) A container holding dangerous
waste must be closed at all times, except when it is necessary to add or remove
waste.
(ii) A container holding
dangerous waste must not be opened, handled, or stored in a manner which may
rupture the container or cause it to leak.
(iii) A minimum thirty-inch aisle space
separation is required between rows of containers. A row of containers must be
no more than two wide and allow for unobstructed inspection of each
container.
(d)
Inspections. The generator must conduct "weekly inspections," as defined in WAC
173-303-040, of each
central accumulation area looking for leaking containers and for deterioration
of containers and the containment system caused by corrosion, deterioration, or
other factors. The generator must keep a written or electronic inspection log
including at least the date and time of the inspection, the printed name and
the handwritten or electronic signature of the inspector, a notation of the
observations made and the date and nature of any repairs or remedial actions
taken. The log must be kept at the facility for at least five years from the
date of inspection. The generator must take remedial action in accordance with
(a) of this subsection if deterioration or leaks are detected.
(e) Secondary containment. For container
accumulation the department requires that the central accumulation area(s)
include secondary containment in accordance with WAC
173-303-630(7).
(f) Special requirements for ignitable or
reactive waste.
(i) Containers holding
reactive waste exhibiting a characteristic specified in WAC
173-303-090(7)(a)(vi),
(vii) or (viii) must be stored in a manner
equivalent to the separation distances for storage of explosives in the
International Fire Code, 2015 edition, or the version adopted by the local fire
district.
(ii) The generator must
design, operate, and maintain ignitable waste and reactive waste (other than a
reactive waste which must meet (f)(i) of this subsection) container storage in
a manner equivalent with the International Fire Code. Where no specific
standard or requirements are specified in the International Fire Code, or in
existing state or local fire codes, applicable sections of NFPA 30 "Flammable
and Combustible Liquids Code," must be used. The generator must also comply
with the requirements of WAC
173-303-395(1)(d).
(g) Special requirements for incompatible
wastes.
(i) Incompatible wastes, or
incompatible wastes and materials must not be placed in the same container,
unless WAC
173-303-395(1)(b)
is complied with.
(ii) Dangerous
waste must not be placed in an unwashed container that previously held an
incompatible waste or material.
(iii) A storage container holding a dangerous
waste that is incompatible with any waste or other materials stored nearby in
other containers, piles, open tanks, or surface impoundments must be separated
from the other materials or protected from them by means of a dike, berm, wall,
or other device. Containment systems for incompatible wastes must be
separate.
(h) Closure.
(i) At closure, all dangerous waste and
dangerous waste residues must be removed from the containment system. Remaining
containers, liners, bases, and soil, containing or contaminated with dangerous
waste or dangerous waste residues must be decontaminated or removed.
(ii) In addition, such a generator is exempt
from all the requirements in WAC
173-303-610
and
173-303-620,
except for WAC
173-303-610(2) and
(5).
(6) Accumulation of dangerous waste in tanks.
(a) Operating requirements. Generators must
comply with the following general operating requirements:
(i) Treatment or storage of dangerous waste
in tanks must comply with WAC
173-303-395(1).
(ii) Dangerous wastes or treatment reagents
must not be placed in a tank if they could cause the tank or its inner liner to
rupture, leak, corrode, or otherwise fail before the end of its intended
life.
(iii) Uncovered tanks must be
operated to ensure at least sixty centimeters (two feet) of freeboard, unless
the tank is equipped with a containment structure (e.g., dike or trench), a
drainage control system, or a diversion structure (e.g., standby tank) with a
capacity that equals or exceeds the volume of the top sixty centimeters (two
feet) of the tank.
(iv) Where
dangerous waste is continuously fed into a tank, the tank must be equipped with
a means to stop this inflow (e.g., waste feed cutoff system or bypass system to
a standby tank).
(b)
Inspections. Generators must inspect the following:
(i) Discharge control equipment (e.g., waste
feed cutoff systems, bypass systems, and drainage systems) at least once each
operating day, to ensure that it is in good working order;
(ii) Data gathered from monitoring equipment
(e.g., pressure and temperature gauges) at least once each operating day to
ensure that the tank is being operated according to its design;
(iii) The level of waste in the tank at least
once each operating day to ensure compliance with (a)(iii) of this
subsection;
(iv) "Weekly
inspections" as defined in WAC
173-303-040, must be
conducted on the construction materials of the tank to detect corrosion or
leaking of fixtures or seams; and
(v) "Weekly inspections," as defined in WAC
173-303-040, must be
conducted on the construction materials of, and the area immediately
surrounding, discharge confinement structures (e.g., dikes) to detect erosion
or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator
must remedy any deterioration or malfunction of equipment or structures which
the inspection reveals on a schedule which ensures that the problem does not
lead to an environmental or human health hazard. Where a hazard is imminent or
has already occurred, remedial action must be taken immediately.
(vi) A generator accumulating dangerous waste
in tanks or tank systems that have full secondary containment and that either
use leak detection equipment to alert personnel to leaks, or implement
established workplace practices to ensure leaks are promptly identified, must
conduct "weekly inspections" as defined in WAC
173-303-040, where
applicable, the areas identified in (b)(i) through (v) of this subsection. Use
of the alternate inspection schedule must be documented in the generator's
operating record. This documentation must include a description of the
established workplace practices at the generator.
(c) Closure.
(i) Generators accumulating dangerous waste
in tanks must, upon closure of the facility, remove all dangerous waste from
tanks, discharge control equipment, and discharge confinement structures. At
closure, as throughout the operating period, unless the generator can
demonstrate, in accordance with WAC
173-303-070(2)(a)
or (b), that any solid waste removed from the
tank is not a dangerous waste, then it must manage such waste in accordance
with all applicable provisions of this chapter.
(ii) In addition, such a generator is exempt
from all the requirements in WAC
173-303-610
and
173-303-620,
except for WAC
173-303-610(2) and
(5).
(d) Special conditions for ignitable or
reactive waste. Generators must comply with the following special requirements
for ignitable or reactive waste:
(i) Ignitable
or reactive waste must not be placed in a tank, unless:
(A) The waste is treated, rendered, or mixed
before or immediately after placement in a tank so that:
(I) The resulting waste, mixture, or
dissolution of material no longer meets the definition of ignitable or reactive
waste under WAC
173-303-090(5) or
(7); and
(II) WAC
173-303-395(1)
is complied with.
(B) The
waste is stored or treated in such a way that it is protected from any material
or conditions that may cause the waste to ignite or react; or
(C) The tank is used solely for
emergencies.
(ii) A
generator who treats or stores ignitable or reactive waste in covered tanks
must comply with the buffer zone requirements for tanks contained in NFPA 30,
"Flammable and Combustible Liquids Code."
(e) Special requirements for incompatible
waste. Generators must comply with the following special requirements for
incompatible wastes:
(i) Incompatible wastes,
or incompatible wastes and materials, (see 40 C.F.R. Part 265, Appendix V for
examples) must not be placed in the same tank, unless WAC
173-303-395(1)
is complied with.
(ii) Dangerous
waste must not be placed in an unwashed tank which previously held an
incompatible waste or material, unless WAC
173-303-395(1)
is complied with.
(7) Accumulation of hazardous waste on drip
pads. If the waste is placed on drip pads, the generator must comply with the
following:
(a) WAC
173-303-675;
(b) Remove all wastes from the drip pad and
associated collection system at least once every ninety days;
(c) Waste removed from drips pads and
associated collection systems must be sent immediately to:
(i) An off-site designated facility;
or
(ii) An on-site permitted
facility; or
(iii) An on-site
central accumulation area where the waste is managed in compliance with the
on-site central accumulation area regulations in this section for the remainder
of the one hundred eighty day accumulation time limit for medium quantity
generators. (Example: A generator removes waste from the drip pad at eighty
days, the generator is then allowed to further accumulate that waste in its
central accumulation area for up to an additional one hundred days);
(d) Maintain the following records
on site and readily available for inspection:
(i) The original start date the waste was
first placed on, or began to accumulate on, the drip pad;
(ii) A description of procedures that will be
followed to ensure that all wastes are removed from the drip pad and associated
collection system at least once every ninety days; and
(iii) Documentation of each waste removal,
including the quantity of waste removed from the drip pad and the sump or
collection system and the date and time of removal.
(8) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the generator must comply with the following:
(a) 40 C.F.R. Part 265, Subpart DD, which is
incorporated by reference; and
(b)
Labeling.
(i) The generator must label its
containment building with the words "Dangerous Waste" or "Hazardous Waste" in a
conspicuous place easily visible and legible to employees, visitors, emergency
responders, waste handlers, or other persons on site. The label must be visible
and legible from a distance of twenty-five feet or the lettering size is a
minimum of one-half inch in height; and
(ii) The generator must also, in a
conspicuous place easily visible and legible to employees, visitors, emergency
responders, waste handlers, or other persons on site, provide its containment
building with an indication of the hazards of the contents (examples include,
but are not limited to, the applicable dangerous waste characteristic(s) and
criteria of ignitable, corrosive, reactive and toxic and the applicable
hazard(s) identified for listed dangerous wastes). The indication must be:
(A) Legible and/or recognizable from a
distance of twenty-five feet or the lettering is a minimum of one-half inch in
height; and
(B) Include descriptive
word(s) and/or pictogram(s) that identifies the hazards associated with the
contents.
(c)
Records. The generator must also maintain the following records at the
facility:
(i) The independent qualified
registered professional engineer certification that the building complies with
the design standards specified in
40 C.F.R.
265.1101. This certification must be placed
in the generator's files no later than sixty days after the date of initial
operation of the unit. Where subpart G and H are referenced in
40 C.F.R.
265.1102, replace them with WAC
173-303-610
and
173-303-620.
(ii) A written description of procedures to
ensure that each waste volume remains in the unit for no more than ninety days,
a written description of the waste generation and management practices for the
facility showing that they are consistent with respecting the ninety-day limit,
and documentation that the procedures are complied with; or
(iii) Documentation that the unit is emptied
at least once every ninety days.
(iv) Inventory logs or records with the above
information must be maintained on site and readily available for
inspection.
(9)
Labeling and marking of containers and tanks in central accumulation areas.
(a) A generator must clearly mark or label
their containers as follows:
(i) With the
date upon which each period of accumulation begins marked and clearly visible
for inspection .
(ii) With the
words "Dangerous Waste" or "Hazardous Waste." Except for containers one gallon
(or four liters) and under, the lettering must be legible from a distance of
twenty-five feet or the lettering size is a minimum of one-half inch in
height.
(iii) With an indication of
the hazards of the contents (examples include, but are not limited to, the
applicable dangerous waste characteristic(s) and criteria of ignitable,
corrosive, reactive and toxic and the applicable hazard(s) identified for
listed dangerous wastes). The label or marking must be:
(A) Legible and/or recognizable from a
distance of twenty-five feet or the lettering size is a minimum one-half inch
in height; and
(B) Include
descriptive word(s) and/or pictogram(s) that identifies the hazards associated
with the contents of the containers for the public, emergency response
personnel, and employees; for containers one gallon (or four liters) and under
the label, marking or lettering can be appropriate for the size of the
container.
(iv) Affix
labels upon transfer of dangerous wastes from one container to another. The
generator must destroy or otherwise remove labels from the emptied container,
unless the container will continue to be used for storing dangerous waste at
the facility.
(v) Ensure that
labels are not obscured, removed, or otherwise unreadable in the course of
inspection as required under subsection (5)(d) of this
section.
(b) Generators
accumulating dangerous waste in tanks must do the following:
(i) Clearly mark or label its tanks with the
words "Dangerous Waste" or "Hazardous Waste" where the label or marking is
legible from a distance of twenty-five feet or the lettering size is a minimum
of one-half inch in size.
(ii)
Clearly mark or label its tanks with an indication of the hazards of the
contents (examples include, but are not limited to, the applicable dangerous
waste characteristic(s) and criteria of ignitable, corrosive, reactive and
toxic and the applicable hazard(s) identified for listed dangerous wastes). The
label or marking must be:
(A) Legible and/or
recognizable from a distance of twenty-five feet or the lettering size is a
minimum of one-half inch in size; and
(B) Include descriptive word(s) and/or
pictogram(s) that identifies the hazard associated with the contents of the
tanks for the public, emergency response personnel, and
employees.
(iii) Use
inventory logs, monitoring equipment, or other records to demonstrate that
dangerous waste has been emptied within one hundred eighty days of first
entering the tank if using a batch process, or in the case of a tank with a
continuous flow process, demonstrate that estimated volumes of dangerous waste
entering the tank daily exit the tank within one hundred eighty days of first
entering.
(iv) Keep inventory logs
or records with the above information on site and readily available for
inspection.
(c) The
department may also require that a sign be posted at each entrance to the
accumulation area, bearing the legend, "danger - unauthorized personnel keep
out," or an equivalent legend, written in English, and legible from a distance
of twenty-five feet or more.
(10) Land disposal restrictions. The
generator complies with all the applicable requirements under 40 C.F.R. Part
268.
(11) Preparedness and
prevention.
(a) Maintenance and operation of
facility. The generator must design, construct, maintain, and operate its
facility to minimize the possibility of fire, explosion, or any unplanned
sudden or nonsudden release of dangerous waste or dangerous waste constituents
to air, soil, surface, or groundwater which could threaten public health or the
environment. This subsection describes preparations and preventive measures
which help avoid or mitigate such situations.
(b) Required equipment. All areas where
dangerous waste is either generated or accumulated must be equipped with the
following items in (b)(i) through (iv) of this subsection, unless it can be
demonstrated to the department that none of the hazards posed by the waste
handled at the facility could require a particular kind of equipment specified
below or the actual waste generation or accumulation area does not lend itself
for safety reasons to have a particular kind of equipment specified below. A
medium quantity generator may determine the most appropriate locations to
locate equipment necessary to prepare for and respond to emergencies:
(i) An internal communications or alarm
system capable of providing immediate emergency instructions (voice or signal)
instruction to facility personnel;
(ii) A device, such as a telephone
(immediately available at the scene of operation) or a hand-held, two-way
radio, capable of summoning emergency assistance from local police departments,
fire departments, or state or local emergency response teams;
(iii) Portable fire extinguishers, fire
control equipment (including special extinguishing equipment, such as those
using foam, inert gas, or dry chemicals), spill control equipment, and
decontamination equipment; and
(iv)
Water at adequate volume and pressure to supply water hose streams, foam
producing equipment, automatic sprinklers, or water spray systems.
(c) Testing and maintenance of
equipment. All facility communications or alarm systems, fire protection
equipment, spill control equipment, and decontamination equipment, where
required, must be tested and maintained as necessary to assure its proper
operation in time of emergency.
(d)
Access to communications or alarms. Personnel must have immediate access to the
signaling devices described in the situations below:
(i) Whenever dangerous waste is being poured,
mixed, spread, or otherwise handled, all personnel involved must have immediate
access (e.g., direct or unimpeded access) to an internal alarm or emergency
communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required in (b) of this
subsection;
(ii) If there is ever
just one employee on the premises while the facility is operating, the employee
must have immediate access to a device, such as a telephone or a hand-held,
two-way radio, capable of summoning external emergency assistance, unless such
a device is not required in subsection (11)(b) of this section.
(e) Aisle space. The generator
must maintain aisle space to allow the unobstructed movement of personnel, fire
protection equipment, spill control equipment, and decontamination equipment to
any area of facility operation in an emergency, unless it can be demonstrated
to the department that aisle space is not needed for any of these
purposes.
(f) Arrangements with
local authorities.
(i) The generator must
attempt to make the following arrangements with the local police department,
fire department, other emergency response teams, emergency response
contractors, equipment suppliers and local hospitals, as appropriate for the
type and quantity of waste handled at its facility and the potential need for
the services of these organizations, unless the hazards posed by wastes handled
at the facility would not require these arrangements:
(A) The generator attempting to make
arrangements with its local fire department must determine the potential need
for the service of the local police department, other emergency response teams,
emergency response contractors, equipment suppliers, and local
hospitals;
(B) Arrangements to
familiarize police, fire departments, and emergency response teams with the
layout of the facility, properties of dangerous waste handled at the facility
and associated hazards, places where facility personnel would normally be
working, entrances to, and roads inside the facility and possible evacuation
routes;
(C) Arrangements to
familiarize local hospitals with the properties of dangerous waste handled at
the facility and the types of injuries or illnesses which could result from
fires, explosions, or releases at the facility;
(D) Agreements with state emergency response
teams, emergency response contractors, and equipment suppliers; and
(E) Where more than one party might respond
to an emergency, agreements designating primary emergency authority and
agreements with any others to provide support to the primary emergency
authority.
(ii) The
generator shall maintain records documenting the arrangements with the local
fire department as well as any other organization necessary to respond to an
emergency. This documentation must include documentation in the operating
record that either confirms such arrangements actively exist or, in cases where
no arrangements exist, confirms that attempts to make such arrangements were
made.
(iii) A facility possessing
twenty-four-hour response capabilities may seek a waiver from the authority
having jurisdiction (AHJ) over the fire code with the facility's locality as
far as needing to make arrangements with the local fire department as well as
any other organization necessary to respond to an emergency, provided that the
waiver is documented in the generator's operating record.
(12) Emergency procedures and
training. The generator must comply with the following conditions for those
areas of the generator's facility where dangerous waste is generated and
accumulated:
(a) At all times there must be
at least one employee either on the premises or on call (i.e., available to
respond to an emergency by reaching the facility within a short period of time)
with the responsibility for coordinating all emergency response measures
specified in (d) of this subsection. This employee is the emergency
coordinator.
(b) The generator must
post the following information next to all emergency communication devices
(including telephones, two-way radios, etc.) or in each area directly involved
in the generation and accumulation of dangerous waste:
(i) The name and telephone number of the
emergency coordinator;
(ii)
Location of fire extinguishers and spill control material, and, if present,
fire alarm; and
(iii) The telephone
number of the fire department, unless the facility has a direct
alarm.
(c) The generator
must ensure that all employees are thoroughly familiar with proper waste
handling and emergency procedures relevant to their responsibilities during
normal facility operations and emergencies;
(d) The emergency coordinator or their
designee must respond to any emergencies that arise. The applicable responses
are as follows:
(i) In the event of a fire,
call the fire department or attempt to extinguish it using a fire
extinguisher;
(ii) In the event of
a spill, contain the flow of dangerous waste to the extent possible, and as
soon as is practical, clean up the dangerous waste and any contaminated
materials or soil;
(iii) In the
event of a fire, explosion, or other release which could threaten human health
outside the facility or when the generator has knowledge that a spill has
reached waters of the state, the generator must immediately notify the
department and the National Response Center (using their twenty-four-hour toll
free number 1-800-424-8802). The report must include the following information:
(A) The name, address, and EPA/state
identification number of the generator;
(B) Date, time, and type of incident (e.g.,
spill or fire);
(C) Quantity and
type of dangerous waste involved in the incident;
(D) Extent of injuries, if any; and
(E) Estimated quantity and disposition of
recovered materials, if any.
(13) General inspections.
(a) The generator must inspect the facility
to prevent malfunctions and deterioration, operator errors, and discharges
which may cause or lead to the release of dangerous waste constituents to the
environment, or a threat to human health. The generator must conduct these
inspections often enough to identify problems in time to correct them before
they harm human health or the environment.
(b) The generator must develop and follow a
written schedule for inspecting all monitoring equipment, safety and emergency
equipment, security devices, and operating and structural equipment that help
prevent, detect, or respond to hazards to the public health or the environment.
In addition:
(i) The schedule must be kept at
the facility;
(ii) The schedule
must identify the types of problems to look for during inspections;
(iii) The generator must keep a written or
electronic inspection log or summary, including at least the date and time of
the inspection, the printed name and handwritten or electronic signature of the
inspector, a notation of the observations made, an account of spills or
discharges in accordance with WAC
173-303-145,
and the date and nature of any repairs or remedial actions taken. The log or
summary must be kept at the facility for at least five years from the date of
inspection.
(c) The
generator must remedy any problems revealed by the inspection, on a schedule
which prevents hazards to the public health and environment. Where a hazard is
imminent or has already occurred, remedial action must be taken
immediately.
(14)
Rejected load. A generator who sends a shipment of dangerous waste to a
designated facility with the understanding that the designated facility can
accept and manage the waste and later receives that shipment back as a rejected
load in accordance with the manifest discrepancy provisions of WAC
173-303-370(5)
may accumulate the returned load on site in accordance with all of the
conditions for exemption, except for subsection (15) of this section. Upon
receipt of the returned shipment, the generator must sign:
(a) Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or
(b) Item 20 of the manifest, if the
transporter returned the shipment using a new manifest.
(15) Episodic event. A generator experiencing
an episodic event may accumulate dangerous waste generated from the episodic
event in accordance with WAC
173-303-173
in lieu of this section.