Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. This section is applicable
to small quantity generators and medium quantity generators as defined in WAC
173-303-040.
(2) Definitions for this section. The
following definitions apply to this section:
(a)
Episodic event means an
activity or activities, either planned or unplanned, that does not normally
occur during generator operations, resulting in an increase in the generation
of dangerous wastes that exceeds the calendar month quantity exclusion limits
for the generator's usual category.
(b)
Planned episodic event means
an episodic event that the generator planned and prepared for, including tank
cleanouts, short-term project, and removal of excess chemical
inventory.
(c)
Unplanned
episodic event means an episodic event that the generator did not plan
or reasonably did not expect to occur, including production process upsets,
product recalls, accidental spill, or "acts of nature," such as a tornado,
hurricane, earthquake, or flood.
(3) Conditions for a small quantity
generator. A small quantity generator may maintain its existing generator
category for dangerous waste generated during an episodic event provided that
the generator complies with all the following conditions:
(a) Number of events. The small quantity
generator is limited to one episodic event per calendar year, unless a petition
is granted under subsection (5) of this section.
(b) Notification. The small quantity
generator must notify the Department's Hazardous Waste & Toxics Reduction
Program at least thirty calendar days prior to initiating a planned episodic
event using and completing a Washington State Dangerous Waste Site
Identification Form, according to the directions on that form.
Note:
|
These systems are intended to be used in the event of
a leak or overflow from the tank due to a system failure (e.g., a malfunction
in the treatment process, a crack in the tank, etc.).
|
In the event of an unplanned episodic event, the generator must
notify the Department's Hazardous Waste & Toxics Reduction Program's
appropriate regional office within seventy-two hours of the unplanned event via
email or fax and subsequently submit to the department within thirty days of
the notification a completed Washington State Dangerous Waste Site
Identification Form, according to the directions on that form. The generator
shall include the start date and end date of the episodic event, the reason(s)
for the event, types and estimated quantities of dangerous waste expected to be
generated as a result of the episodic event, and shall identify a facility
contact and emergency coordinator with twenty-four-hour telephone access to
discuss the notification submit-tal or respond to any emergency in compliance
with WAC
173-303-172(12)(a)
and
173-303-145(3).
(c) EPA/state identification number. The
small quantity generator must have an EPA/state identification number or obtain
an identification number using and completing a Washington State Dangerous
Waste Site Identification Form.
(d)
Annual report. The small quantity generator must submit an annual report in
accordance with WAC
173-303-220
covering all dangerous waste generated during the episodic event.
(e) Pollution prevention. Dangerous waste
generated from an episodic event is subject to pollution prevention planning
and fees as required in chapters 173-307 and 173-305 WAC,
respectively.
(f) Accumulation. A
small quantity generator is prohibited from accumulating dangerous waste
generated from an episodic event on drip pads and in containment buildings. The
accumulating of dangerous waste generated from an episodic event shall only
occur in containers or tanks and the generator comply with the following:
(i) Containers. The small quantity generator
accumulating in containers must mark or label its containers as follows:
(A) With the date upon which the episodic
event began, clearly visible for inspection on each container.
(B) With the words "Episodic Dangerous Waste"
or "Episodic 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.
(C) 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). The indication label or marking must be:
(I) Legible and recognizable from a distance
of twenty-five feet or the lettering size is one-half inch in height;
and
(II) 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.
(ii)
Tanks. The small quantity generator accumulating episodic dangerous waste in
tanks must do the following:
(A) Clearly mark
or label the tanks with the words "Episodic Dangerous Waste" or "Episodic
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
height.
(B) 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). The indication label or
marking must be:
(I) Legible and recognizable
from a distance of twenty-five feet or the lettering size is a minimum of
one-half inch in height; and
(II)
Include descriptive word(s) and/or pictogram(s) that identifies the hazard
associated with the contents of the tank for the public, emergency response
personnel, and employees.
(C) Use inventory logs, monitoring equipment
or other records to identify the date upon which each episodic event
begins.
(D) Keep inventory logs or
records with the above information on site and readily available for inspection
upon request.
(iii)
Dangerous waste must be managed in a manner that minimizes the possibility of a
fire, explosion, or release of dangerous waste or hazardous substance or
dangerous waste constituent to the air and environment.
(iv) Containers must be in good condition and
compatible with the dangerous waste being accumulated therein.
(v) Containers must be kept closed except to
add or remove waste.
(vi) Tanks
must be in good condition and compatible with the dangerous waste accumulated
therein.
(vii) Tanks must have
procedures in place to prevent the overflow (e.g., be equipped with a means to
stop inflow with systems such as a waste feed cutoff system or bypass system to
a standby tank when dangerous waste is continuously fed into the tank).
(viii) Inspections. Tanks must be
inspected at least once each operating day to ensure all applicable discharge
control equipment, such as waste feed cutoff systems, bypass systems, and
drainage systems are in good working order and to ensure the tank is operated
according to its design by reviewing the data gathered from monitoring
equipment such as pressure and temperature gauges from the
inspection.
(g) Manifest.
The small quantity generator must comply with the hazardous waste manifest
provision of WAC
173-303-180 when it
sends its dangerous waste generated from the episodic event off site to a
designated facility as defined in WAC
173-303-040.
(h) Treatment. The small quantity generator
is prohibited from treating dangerous waste generated from an episodic
event.
(i) Off-site shipments. The
small quantity generator has up to sixty calendar days from the start of the
episodic event to manifest and send its dangerous waste generated from the
episodic event to a designated facility as defined in WAC
173-303-040.
(j) Recordkeeping. Small quantity generators
must maintain the following records for five years from the end date of the
episodic event:
(i) Beginning and end dates of
the episodic event;
(ii) A
description of the episodic event;
(iii) A description of the types and
quantities of dangerous wastes generated during the event;
(iv) A description of how the dangerous waste
was managed as well as the name of the designated facility, as defined in WAC
173-303-040, that
received the dangerous waste;
(v)
Name(s) of dangerous waste transporters; and
(vi) An approval letter from the department
if the generator petitioned to conduct one additional episodic event per
calendar year.
(4) Conditions for medium quantity
generators. A medium quantity generator may maintain its existing generator
category for dangerous waste generated during an episodic event provided that
the generator complies with all the following conditions:
(a) Number of events. The medium quantity
generator is limited to one episodic event per calendar year, unless a petition
is granted under subsection (5) of this section.
(b) Notification. The medium quantity
generator must notify the Department's Hazardous Waste & Toxics Reduction
Program at least thirty calendar days prior to initiating a planned episodic
event using and completing a Washington State Dangerous Waste Site
Identification Form, according to the directions on that form.
Note:
|
Ecology recommends that sites notify a minimum of
sixty days prior to the planned event proposed start date. Additionally,
incomplete or incorrect application forms that do not comply with form
directions will be returned.
|
In the event of an unplanned episodic event, the generator must
notify the Department's Hazardous Waste & Toxics Reduction Program's
appropriate regional office within seventy-two hours of the unplanned event via
email or fax and subsequently submit to the department within thirty days of
the notification a completed Washington State Dangerous Waste Site
Identification Form, according to the directions on that form. The generator
shall include the start date and end date of the episodic event, the reason(s)
for the event, types and estimated quantities of dangerous waste expected to be
generated as a result of the episodic event, and shall identify a facility
contact and emergency coordinator with twenty-four-hour telephone access to
discuss the notification submit-tal or respond to any emergency in compliance
with WAC
173-303-172(12)(a)
and
173-303-145(3).
(c) EPA/state identification number. The
medium quantity generator must have an EPA/state identification number or
obtain an identification number using and completing a Washington State
Dangerous Waste Site Identification Form.
(d) Annual report. The medium quantity
generator must submit an annual report in accordance with WAC
173-303-220
covering all dangerous waste generated during the calendar year of the episodic
event.
(e) Pollution prevention.
Dangerous waste generated from an episodic event is subject to pollution
prevention planning and fees as required in chapters 173-307 and 173-305 WAC,
respectively.
(f) Accumulation. A
medium quantity generator is prohibited from accumulating dangerous waste
generated from an episodic event on drip pads and in containment buildings. The
accumulating of dangerous waste generated from an episodic event shall only
occur in containers or tanks and the generator comply with the following:
(i) Containers. The medium quantity generator
accumulating episodic dangerous waste in containers must meet the standards in
WAC
173-303-172(5)
and must mark or label its containers as follows:
(A) With the date upon which the episodic
event began, clearly visible for inspection on each container.
(B) With the words "Episodic Dangerous Waste"
or "Episodic 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.
(C) 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). The indication label or marking must be:
(I) Legible and recognizable from a distance
of twenty-five feet or the lettering size is a minimum of one-half inch in
height; and
(II) 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.
(ii)
Tanks. The medium quantity generator accumulating episodic dangerous waste in
tanks must meet the standards in WAC
173-303-172(6)
and must do the following:
(A) Clearly mark
or label its tanks with the words "Episodic Dangerous Waste" or "Episodic
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
height.
(B) 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). The indication label or
marking must be:
(I) Legible and recognizable
from a distance of twenty-five feet or the lettering size is a minimum of
one-half inch in height; and
(II)
Include descriptive word(s) and/or pictogram(s) that identifies the hazards
associated with the contents of the tanks for the public, emergency response
personnel, and employees.
(C) Use inventory logs, monitoring equipment
or other records to identify the date upon which each period of accumulation
begins and ends.
(D) Keep inventory
logs or records with the above information on site and readily available for
inspection upon request.
(g) The medium quantity generator must treat
dangerous waste generated from an episodic event on site or manifest and ship
such dangerous waste off site to a designated facility (as defined by WAC
173-303-040 ) within
sixty calendar days from the start of the episodic event.
(h) Recordkeeping. The medium quantity
generator must maintain the following records for five years from the end date
of the episodic event:
(i) Beginning and end
dates of the episodic event;
(ii) A
description of the episodic event;
(iii) A description of the types and
quantities of dangerous wastes generated during the event;
(iv) A description of how the dangerous waste
was managed as well as the name of the designated facility, as defined in WAC
173-303-040, that
received the dangerous waste;
(v)
Name(s) of dangerous waste transporters; and
(vi) An approval letter from the department
if the generator petitioned to conduct one additional episodic event per
calendar year.
(5) Petition to manage one additional
episodic event per calendar year.
(a) A
generator may petition the department for a second episodic event in a calendar
year without impacting its generator category under the following conditions:
(i) If a small quantity generator or a medium
quantity generator has already held a planned episodic event in a calendar
year, the generator may petition the department for an additional unplanned
episodic event in that calendar year within seventy-two hours of the unplanned
event.
(ii) If a small quantity
generator or medium quantity generator has already held an unplanned episodic
event in a calendar year, the generator may petition the department for an
additional planned episodic event in that calendar year.
(b) The petition must include the following:
(i) The reason(s) why an additional episodic
event is needed and the nature of the episodic event;
(ii) The estimated amount and type(s) of
dangerous waste to be managed from the event;
(iii) How the dangerous waste is to be
managed;
(iv) The estimated length
of time needed to complete management of the dangerous waste generated from the
episodic event not to exceed sixty days; and
(v) Information regarding the previous
episodic event managed by the generator, including the nature of the event,
whether it was a planned or unplanned event, and how the generator complied
with the conditions.
(c)
The petition must be sent to the Department's Hazardous Waste & Toxics
Reduction Program's appropriate regional office for review and
approval.