Current through Register Vol. 24-06, March 15, 2024
(1)
Purpose. This section requires the facility owner or operator to confirm his
knowledge about a dangerous waste before he stores, treats, or disposes of it.
The purpose for the analysis is to insure that a dangerous waste is managed
properly.
(2) The owner or operator
must obtain a detailed chemical, physical, and/or biological analysis of a
dangerous waste, or nondangerous wastes if applicable under WAC
173-303-610(4)(d),
before they store, treat, or dispose of it. This analysis must contain the
information necessary to manage the waste in accordance with the requirements
of this chapter. The analysis must include or consist of existing published or
documented data on the dangerous waste, or on waste generated from similar
processes, or data obtained by testing, or a combination of these.
(a) When an owner or operator relies on
knowledge from the generator for waste designation or for this detailed
analysis (commonly known as a waste profile) instead of analytical testing of a
sample, that information must be documented and must meet the definition of
"knowledge" as defined in WAC
173-303-040. To confirm the
sufficiency and reliability of the "knowledge" used for the waste profile, the
facility must do one or more of the following:
(i) Be familiar with the generator's
processes by conducting site visits, and reviewing sampling data and other
information provided by the generator to ensure they are adequate for safe
management of the waste;
(ii)
Ensure waste analysis contained in documented studies on the generator's waste
is based on representative and appropriate sampling and test methods;
(iii) Compare the generator's waste
generating process to documented studies of similar waste generating processes
to ensure the waste profile is accurate and current;
(iv) Obtain other information as
predetermined by the department on a case-by-case basis to be
equivalent.
(b) As
required in WAC
173-303-380(1)(c),
records must be retained containing specific information that show compliance
with this subsection for sufficient and reliable information on the waste
whether the owner or operator relies on analytical testing of the waste or
knowledge from the generator, or a combination of these.
(3) The owner or operator of an off-site
facility must confirm, by analysis if necessary, that each dangerous waste
received at the facility matches the identity of the waste specified on the
accompanying manifest or shipping paper.
(4) Analysis must be repeated as necessary to
ensure that it is accurate and current. At a minimum, analysis must be
repeated:
(a) When the owner or operator has
been notified, or has reason to believe, that the process or operation
generating the dangerous waste, or nondangerous wastes if applicable under WAC
173-303-610(4)(d),
has significantly changed; and
(b)
When a dangerous waste received at an off-site facility does not match the
identity of the waste specified on the manifest or the shipping
paper.
(5) Waste
analysis plan. The owner or operator must develop and follow a written waste
analysis plan which describes the procedures he will use to comply with the
waste analysis requirements of subsections (1), (2), (3), and (4) of this
section. He must keep this plan at the facility, and the plan must contain at
least:
(a) The parameters for which each
dangerous waste, or nondangerous waste if applicable under WAC
173-303-610(4)(d),
will be analyzed, and the rationale for selecting these parameters (i.e., how
analysis for these parameters will provide sufficient information on the
waste's properties to comply with subsections (1) through (4) of this
section);
(b) The methods of
obtaining or testing for these parameters;
(c) The methods for obtaining representative
samples of wastes for analysis (representative sampling methods are discussed
in WAC 173-303-110(2)
);
(d) The frequency with which
analysis of a waste will be reviewed or repeated to ensure that the analysis is
accurate and current;
(e) The waste
analyses which generators have agreed to supply;
(f) Where applicable, the methods for meeting
the additional waste analysis requirements for specific waste management
methods as specified in WAC
173-303-400(3)
which incorporates by reference the regulations in 40 C.F.R. Part 265 Subparts
F through R, 265.1034, 265.1063(d), 265.1084, 268.4(a) and 268.7 for interim
status facilities and in WAC
173-303-140(4)(b),
173-303-395(1),
173-303-630 through
173-303-670, and
40 C.F.R.
264.1034,
264.1063(d),
264.1083,
268.4(a) and
268.7 for final status facilities.
Note that data provided from laboratory analyses for WAC
173-303-400(3)
which incorporates by reference 40 C.F.R. Part 265 Subparts F through R, WAC
173-303-140(4)(b),
173-303-395(1),
173-303-630 through
173-303-670,
40 C.F.R.
268.4(a) and
268.7 must meet the requirements
of WAC 173-303-110;
(g) For off-site facilities, the waste
analysis that dangerous waste generators have agreed to supply;
(h) For surface impoundments exempted from
land disposal restrictions under
40 C.F.R.
268.4(a), incorporated by
reference in WAC
173-303-140(2),
the procedures and schedules for:
(i) The
sampling of impoundment contents;
(ii) The analysis of test data; and
(iii) The annual removal of residues that are
not delisted under 40 C.F.R.
260.22 and WAC
173-303-910(3)
or which exhibit a characteristic of hazardous waste and either:
(A) Do not meet applicable treatment
standards of 40 C.F.R. Part 268, Subpart D; or
(B) Where no treatment standards have been
established:
(I) Such residues are prohibited
from land disposal under 40
C.F.R. 268.32 or RCRA section 3004(d);
or
(II) Such residues are
prohibited from land disposal under
40 C.F.R.
268.33(f).
(i) For
owners and operators seeking an exemption to the air emission standards of
subpart CC in accordance with Sec. 264.1082, incorporated by reference at WAC
173-303-692, or with 265.1083,
incorporated by reference at WAC
173-303-400(3)(a):
(i) If direct measurement is used for the
waste determination, the procedures and schedules for waste sampling and
analysis, and the results of the analysis of test data to verify the
exemption.
(ii) If knowledge of the
waste is used for the waste determination, any information prepared by the
facility owner or operator or by the generator of the hazardous waste, if the
waste is received from off-site, that is used as the basis for knowledge of the
waste.
(6)
For off-site facilities, the waste analysis plan required in subsection (5) of
this section must also specify the procedures which will be used to inspect
and, if necessary, analyze each movement of hazardous waste received at the
facility to ensure that it matches the identity of the waste designated on the
accompanying manifest or shipping paper. At a minimum, the plan must describe:
(a) The procedures which will be used to
determine the identity of each movement of waste managed at the
facility;
(b) The sampling method
which will be used to obtain a representative sample of the waste to be
identified, if the identification method includes sampling; and
(c) The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
Comment:
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WAC
173-303-806 requires that the
waste analysis plan be submitted with Part B of the permit application.
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Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-300, 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), §
173-303-300, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-300, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-300, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-300, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-300, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-300, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-300, filed 2/10/82.