Current through Register Vol. 24-06, March 15, 2024
(1) Precautions for ignitable, reactive, or
incompatible wastes.
(a) The owner or
operator must take precautions to prevent accidental ignition or reaction of
ignitable or reactive waste. This waste must be separated and protected from
sources of ignition or reaction including, but not limited to, open flames,
smoking, cutting and welding, hot surfaces, frictional heat, sparks (static,
electrical, or mechanical), spontaneous ignition (e.g., from heat-producing
chemical reactions), and radiant heat. While ignitable or reactive waste is
being handled, the owner or operator must confine smoking and open flame to
specially designated locations. "No smoking" signs must be conspicuously placed
wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
sections of this chapter 173-303 WAC, the treatment, storage, or disposal of
ignitable or reactive waste, and the mixture or commingling of incompatible
wastes, or incompatible wastes and materials, must be conducted so that it does
not:
(i) Generate extreme heat or pressure,
fire or explosion, or violent reaction;
(ii) Produce uncontrolled toxic mists, fumes,
dusts, or gases in sufficient quantities to threaten human health or the
environment;
(iii) Produce
uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosions;
(iv) Damage
the structural integrity of the facility or device containing the waste;
or
(v) Through other like means,
threaten human health or the environment.
(c) When required to comply with (a) and (b)
of this subsection, the owner or operator must document that compliance in the
operating record required under WAC
173-303-380(1).
This documentation may be based on references to published scientific or
engineering literature, data from trial tests, waste analyses, or the results
of the treatment of similar wastes by similar treatment processes and under
similar operating conditions.
(d)
At least yearly, the owner or operator must inspect those areas of their
facility where ignitable or reactive wastes are stored. This inspection must be
performed in the presence of a professional person who is familiar with the
International Fire Code, or in the presence of the local, state, or federal
fire marshal. The owner or operator must enter the following information in
their inspection log or operating record as a result of this inspection:
(i) The date and time of the
inspection;
(ii) The name of the
professional inspector or fire marshal;
(iii) A notation of the observations made;
and
(iv) Any remedial actions which
were taken as a result of the inspection.
(2) Compliance with other environmental
protection laws and regulations. In receiving, storing, handling, treating,
processing, or disposing of dangerous wastes, the owner/ operator must design,
maintain and operate their dangerous waste facility in compliance with all
applicable federal, state and local laws and regulations (e.g., control of
stormwater or sanitary water discharge, control of volatile air emissions,
etc.).
(4) Loading and unloading areas. TSD
facilities which receive or ship manifested shipments of liquid dangerous waste
for treatment, storage or disposal must provide for and use an area (or areas)
for loading and unloading waste shipments. The loading and unloading area(s)
must be designed, constructed, operated and maintained to:
(a) Contain spills and leaks that might occur
during loading or unloading;
(b)
Prevent release of dangerous waste or dangerous waste constituents to ground or
surface waters;
(c) Contain wash
waters (if any) resulting from the cleaning of contaminated transport vehicles
and load/unload equipment; and
(d)
Allow for removal, as soon as possible, of collected wastes resulting from
spills, leaks and equipment cleaning (if any) in a manner which assures
compliance with (b) of this subsection.
(5) Storage time limit for impoundments and
piles.
(a) Except as provided in (b) or (c) of
this subsection, dangerous waste may not be stored in a surface impoundment or
waste pile for more than five years after the waste was first placed in the
impoundment or pile. For the purposes of this requirement, the five-year limit,
for waste regulated under this chapter and being stored in impoundments or
piles on the effective date of this requirement, will begin on August 1, 1984.
The age of stored wastes must be determined on a monthly basis.
The owner/operator of a surface impoundment or waste pile used
for storing dangerous waste must develop a written plan, to be kept at the
facility, for complying with the five-year storage limit. The plan must
describe the operating conditions, waste identification procedures (for keeping
track of the age of the wastes), and a waste removal schedule, and at a minimum
the plan must include the following elements:
(i) Methods for identifying the age of
dangerous wastes placed in the impoundment or pile;
(ii) Where practical, procedures for
segregating wastes of different ages. If the wastes cannot be practically
segregated, then the age of all wastes placed in the impoundment or pile must
be deemed the same age as the oldest waste in the impoundment or
pile;
(iii) A schedule for removing
dangerous waste from the impoundment or pile, or for disposing of them in a
timely manner to assure compliance with the five-year limit;
(iv) A description of the actions to be taken
according to the schedule required by (a)(iii) of this subsection;
(v) Procedures for noting in the operating
record required by WAC
173-303-380(1)
that the requirements of this subsection have been satisfied; and
(vi) Such other requirements as the
department specifies.
(b)
If the owner/operator of a surface impoundment or waste pile can develop a
written plan and schedule for developing and implementing a recycling or
treatment process for the wastes stored in their impoundment or pile, then the
department may grant an extension to the storage time limit required in (a) of
this subsection. Such extension will be granted only once, will only apply to
those dangerous wastes covered by the recycling or treatment plan and which are
less than five years old on the date that the plan is approved by the
department, and will not exceed five years: Provided, That on a case-by-case
basis the department may grant an extension of longer than five years, but in
no case will any extension be granted for longer than ten years, if the
owner/operator of the impoundment or pile can demonstrate to the department's
satisfaction that an extension of more than five years will not pose a threat
to public health or the environment, and is necessary because: Other treatment
or recycling options of shorter durations are not available; the treatment or
recycling plan developed by the owner/operator cannot be implemented within
five years due to technological circumstances; or, such other reasons as are
determined acceptable by the department. Until the department grants the
extension by approving the recycling or treatment plan, the owner/operator must
continue to comply with the requirements of (a) of this subsection. The
recycling or treatment plan and schedule, at a minimum, must:
(i) Specify the wastes which will be recycled
or treated in accordance with the plan;
(ii) Describe in detail the recycling or
treatment which the owner/operator intends to perform. If the recycling or
treatment will involve physical changes to the owner's/operator's facility, the
plan must include descriptions of all necessary equipment, processes to be
used, site plans, and maps to show any new structures, pipes, channels, waste
handling areas, roads, etc.;
(iii)
Discuss any permit actions (including issuance or modification) necessary under
this chapter, and any other permits which will be required under other federal,
state or local laws;
(iv) Establish
a schedule for complying with the plan. The schedule must, at a minimum, cover:
(A) The rate at which wastes will be recycled
or treated in order to comply with the extension granted by the
department;
(B) Construction and
equipment installation times as appropriate;
(C) Timing for complying with all required
permit actions; and
(D) Such other
elements as the department might require;
(v) Describe how the owner/operator will
continue to comply with the requirements of (a) of this subsection for all
wastes not specified in (b)(i) of this subsection;
(vi) Identify any future occurrences or
situations which the owner/operator could reasonably expect to occur and which
might cause them to fail to comply with their recycling or treatment plan. The
owner/operator must also describe what actions they would take in the event
that such occurrences or situations happen;
(vii) Be approved by the department. The plan
may not be implemented until it is approved by the department including, if
necessary, issuance or modification of a facility permit as required by this
chapter. Any extension granted by the department will begin on the date that
the plan is approved, or the date five years after the effective date of this
subsection, whichever is later; and
(viii) Include any other elements that the
department might require.
(c) The owner/operator of a surface
impoundment or waste pile is exempted from the requirements of (a) and (b) of
this subsection if:
(i) The owner/operator of
a surface impoundment or waste pile can demonstrate to the department's
satisfaction that the impoundment or pile is not used primarily for storage,
but that it is primarily used to actively and effectively neutralize, detoxify,
or other wise treat dangerous waste; or
(ii) The owner/operator of a surface
impoundment or waste pile can demonstrate to the department's satisfaction that
dangerous waste is removed on a frequent basis (at least four times a year) for
treatment, recycling or disposal, provided that the amount of waste removed
during any five-year period must equal or exceed the amount of waste placed in
the impoundment or pile during that five-year period. However, this exemption
does not apply to waste removal which is being performed pursuant to a
recycling or treatment plan developed and approved under (b) of this
subsection; or
(iii) The
owner/operator of a surface impoundment or waste pile has demonstrated, through
their permit, closure plan or other instrument, that the impoundment or pile is
being operated as a land disposal unit and that it will be closed as a
landfill.
(6)
Labeling for containers and tanks. The owner or operator must label containers
and tanks in a manner which adequately identifies the hazard(s) associated with
the contents for employees, emergency response personnel and the public . The
owner or operator must ensure that labels are not obscured, removed, or
otherwise unreadable in the course of inspection required under WAC
173-303-320.
For tanks, the label or sign must be legible at a distance of at least fifty
feet. For containers, the owner or operator must affix labels upon transfer of
dangerous waste from one container to another. The owner or operator 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.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-395, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-395, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-395, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-395, filed 6/3/86; 84-14-031 (Order DE 84-22),
§ 173-303-395, filed 6/27/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-395, filed 2/10/82.