(3) Standards.
(a) Interim status standards are the
standards set forth by the Environmental Protection Agency in 40 C.F.R. Part
265 Section 265.19 of Subpart B, Subparts F through R, Subpart W, Subparts AA,
BB, CC (including references to 40 C.F.R. Parts 60, 61, and 63), DD, EE, and
Appendix VI, which are incorporated by reference into this regulation
(including, by reference, any EPA requirements specified in those subparts
which are not otherwise explicitly described in this chapter), and:
(i) The land disposal restrictions of WAC
173-303-140;
the facility requirements of WAC
173-303-280
through
173-303-440 except WAC
173-303-335;
and the corrective action requirements of WAC
173-303-646;
(ii) WAC
173-303-630(3),
for containers. In addition, for container storage, the department may require
that the storage area include secondary containment in accordance with WAC
173-303-630(7),
if the department determines that there is a potential threat to public health
or the environment due to the nature of the wastes being stored, or due to a
history of spills or releases from stored containers. Any new container storage
areas constructed or installed after September 30, 1986, must comply with the
provisions of WAC
173-303-630(7);
(iii) WAC
173-303-640(5)(d),
for tanks;
(iv) WAC
173-303-805;
(v) WAC
173-303-060;
(vi) WAC
173-303-320;
and
(vii) WAC
173-303-370.
(b) For purposes of applying the interim
status standards of 40 C.F.R. Part 265 Subparts F through R, Subpart W, and
Subparts AA, BB, CC, DD, and EE to the state of Washington facilities, the
federal terms have (and in the case of the wording used in the financial
instruments referenced in Subpart H of Part 265, must be replaced with) the
following state of Washington meanings:
(i)
"Regional administrator" means the "department" except for 40 C.F.R. Parts
270.2; 270.3; 270.5; 270.10 (e)(1), (2) and (4); 270.10 (f) and (g); 270.11
(a)(3); 270.14 (b)(20); 270.32 (b)(2); and 270.51;
(ii) "Hazardous" means "dangerous" except for
Subparts AA, BB, CC, and DD. These subparts apply only to hazardous waste as
defined in WAC
173-303-040;
(iii) "Compliance procedure" has the meaning
set forth in WAC
173-303-040,
Definitions;
(iv) "EPA hazardous
waste numbers" mean "dangerous waste numbers";
(v) "At least weekly, owners and operators
must inspect" means "weekly inspections" as defined in WAC
173-303-040.
(c) In addition to the changes described in
(b) of this subsection, the following modifications are made to interim status
standards of 40 C.F.R. Part 265 Subparts F through R, Subpart W, and Subparts
AA, BB, CC, DD, and EE:
(i) The words "the
effective date of these regulations" means:
(A) November 19, 1980, for facilities which
manage any wastes designated by 40 C.F.R. Part 261;
(B) For wastes which become designated by 40
C.F.R. Part 261 subsequent to November 19, 1980, the effective date is the date
on which the wastes become regulated;
(C) March 12, 1982, for facilities which
manage wastes designated only by WAC
173-303-080
through
173-303-100
and not designated by 40 C.F.R. Part 261;
(D) For wastes which become designated only
by WAC
173-303-080
through
173-303-100
and not designated by 40 C.F.R. Part 261 subsequent to March 12, 1982, the
effective date is the date on which the wastes become
regulated.
(ii) The
following sections and any cross-reference to these sections are not
incorporated or adopted by reference:
(A) 40
C.F.R. Parts 260.1 (b)(4)-(6) and 260.20-22.
(B) 40 C.F.R. Parts 264.1 (d) and (f); 265.1
(c)(4); 264.149-150 and 265.149-150; 264.301(k); and 265.430.
(C) 40 C.F.R. Parts 268.5 and 6; 268 Subpart
B; 268.42(b); and 268.44 (a) through (g).
(D) 40 C.F.R. Parts 270.1 (c)(1)(i);
270.60(b); and 270.64.
(E) 40
C.F.R. Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9; 124.10 (a)(1)(iv);
124.12(e); 124.14(d); 124.15 (b)(2); 124.16; 124.17(b); 124.18; 124.19; and
124.21.
(F) 40 C.F.R. Parts
2.106(b); 2.202(b); 2.205(i); 2.209 (b)-(c); 2.212-213; and
2.301-311.
(G)
40
C.F.R. 265.1080(e) and
(f).
(iii) Where 40 C.F.R. 265 Subparts F through
R, W, DD, and EE have been incorporated by reference refer to
40 C.F.R.
260.11, data provided under this section must
instead meet the requirements of WAC
173-303-110.
(iv) "Subpart B - general facility
standards." References to "EPA" in
40 C.F.R.
265.19, means the "department." Additionally,
references to "administrator" means the "director."
(v) "Subpart F - groundwater monitoring."
(A) Section 265.90 (d)(1) is modified by
adding the following sentence. "A copy of the plan must be submitted to the
department,"
(B) Section 265.90
(d)(3) is modified by adding the following sentence. "A copy of the plan must
be submitted to the department,"
(C) Section 265.91(c) includes the
requirement that: "Groundwater monitoring wells must be designed, constructed,
and operated so as to prevent groundwater contamination. Chapter 173-160 WAC
may be used as guidance in the installation of wells",
(D) Section 265.93 (d)(2) is modified by
adding the following sentence. "A copy of the plan must be submitted to the
department," and
(E) Section 265.93
(d)(5) is modified by adding the following sentence. "A copy of the report must
be submitted to the department within 15 days."
(vi) "Subpart G - closure and post-closure."
(A) The third sentence in section 265.112
(d)(1) is modified to read "The owner or operator must submit the closure plan
to the department at least 45 days prior to the date on which they expect to
begin closure of a tank, container storage, or incinerator unit, or final
closure of a facility with only such units."
(B) The sixth sentence of section 265.112
(d)(1) is modified to read "Owners or operators with approved closure plans
must notify the department in writing at least 45 days prior to the date on
which they expect to begin closure of a tank, container storage, or incinerator
unit, or final closure of a facility with only such units." The first sentence
of section 265.115 is modified to read "Within 60 days of completion of closure
of each dangerous waste management unit (including tank systems and container
storage areas) and within 60 days of completion of final closure, the owner or
operator must submit to the department, by registered mail or other means that
establish proof of receipt (including appropriate electronic means), a
certification that the dangerous waste management unit or facility, as
applicable, has been closed in accordance with the specifications in the
approved closure plan." In addition, the cleanup levels for removal or
decontamination set forth at WAC
173-303-610(2)(b)
apply.
(C) Section 265.113 (e)(5)
is modified by changing "annual reports" to "semi-annual reports."
(D) Section 265.115 is modified by changing
"qualified Professional Engineer" to "independent qualified registered
professional engineer."
(E) Section
265.120 is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(vii) "Subpart H - financial requirements."
(A) An additional sentence that reads: "Any
owner or operator who can provide financial assurances and instruments which
satisfy the requirements of WAC
173-303-620
will be deemed to be in compliance with 40 C.F.R. Part 265 Subpart
H."
(B) In 40 C.F.R. Parts
265.143(g) and 265.145(g) the following sentence does not apply to the state:
"If the facilities covered by the mechanisms are in more than one Region,
identical evidence of financial assurance must be submitted to, and maintained
with the Regional Administrators of all such Regions." Instead, the following
sentence applies: "If the facilities covered by the mechanism are in more than
one state, identical evidence of financial assurance must be submitted to and
maintained with the state agency regulating hazardous waste or with the
appropriate regional administrator if the facility is located in an
unauthorized state."
(C) Section
265.143(h) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(D) Section 265.145(h) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(E) Section
265.147(e) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(F) The following sections and any
cross-reference to these sections are not incorporated by reference: 40 C.F.R.
Parts 265.149 and 265.150;
(viii) "Subpart I use and management of
containers." Section 265.174 is modified by replacing the paragraph with the
following. "The owner or operator must inspect areas where containers are
stored, at least weekly, looking for leaks and for deterioration caused by
corrosion or other factors."
(ix)
"Subpart J - tank systems."
(A) Section
265.191(a) is modified so that the date by which an assessment of a tank
system's integrity must be completed is January 12, 1990.
(B) Section 265.191(a) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(C) Section
265.191 (b)(5)(ii) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(D) Section 265.192(a) introductory text is
modified by changing "qualified Professional Engineer" to "independent
qualified registered professional engineer."
(E) Section 265.192(b) introductory text is
modified by changing "qualified Professional Engineer" to "independent
qualified registered professional engineer."
(F) Section 265.193(a) is modified so that
the dates by which secondary containment (which meets the requirements of that
section) must be provided are the same as the dates in WAC
173-303-640(4)(a).
(G) Section 265.193 (i)(2) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(H) Section
265.195(b) is modified by deleting the words "Except as noted under the
paragraph (c) of this section."
(I)
Section 265.195 is modified by deleting paragraphs (c) and (d).
(J) Section 265.196(f) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer" and by adding the following sentence. "A copy of the
plan must be submitted to the department within seven days after returning the
tank system to use."
(K) Section
265.201(c) is modified by deleting the words "Except as noted in paragraph (d)
of this section."
(L) Section
265.201 is modified by deleting paragraphs (d) and (e).
(x) "Subpart K surface impoundments." Section
265.224(a) is modified by adding the following sentence. "A copy of the plan
must be submitted to the department when submitting the proposed action leakage
rate under section 265.222."
(xi)
"Subpart L waste piles." Section 265.259(a) is modified by adding the following
sentence. "A copy of the response action plan must be submitted to the
department when submitting the proposed action leakage rate under section
265.255."
(xii) "Subpart M land
treatment."
(A) Section 265.273(b) is
modified by replacing the words "Part 261, Subpart D of this chapter" with "WAC
173-303-080
";
(B) Section 265.280(e) is
modified by changing "qualified Professional Engineer" to "independent
qualified registered professional engineer."
(xiii) "Subpart N - landfills."
(A) An additional sentence reads: "An
owner/operator must not landfill an organic/carbonaceous waste or an EHW, as
defined by WAC
173-303-080
through
173-303-100,
except at the EHW facility at Hanford" as allowed under WAC
173-303-700
or as allowed under WAC
173-303-140(4).
(B) Section 265.303(a). "A copy of the
response action plan must be submitted to the department when submitting the
proposed action leakage rate under section 265.302."
(xiv) "Subpart O incinerators."
(xv) "Subpart P thermal treatment."
(xvi) "Subpart Q chemical, physical and
biological treatment."
(xvii)
"Subpart R - underground injection." An additional sentence reads: "Owners and
operators of wells are prohibited from disposing of EHW or an organic
carcinogen designated under WAC
173-303-080
through
173-303-100."
(xviii) "Subpart W drip pads."
(A) Section 265.441(a) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(B) Section
265.441(b) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(C) Section 265.441(c) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(D) Section
265.443 (a)(4)(ii) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(E) Section 265.443(g) is modified by
changing "qualified Professional Engineer" to "independent qualified registered
professional engineer."
(F)
265.444(a) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(xix) "Subpart AA air emission standards for
process vents."
(xx) "Subpart BB
air emission standards for equipment leaks."
(A) Section 265.1061 is modified by adding
(d) "If an owner or operator decides no longer to comply with this section, the
owner or operator must notify the department in writing that the work practice
standard described in 265.1057 (a) through (e) will be followed."
(B) Section 265.1061(b) is modified by adding
(b)(3) "An owner or operator must notify the department that the owner or
operator has elected to comply with the requirements of this
section."
(C) Section 265.1062(a)
is modified by adding the sentence "An owner or operator must notify the
department before implementing one of the alternative work
practices."
(xxi)
"Subpart CC air emission standards for tanks, surface impoundments, and
containers."
(xxii) "Subpart DD
containment buildings."
(A) Section 265.1101
(c)(2) is modified by changing "qualified Professional Engineer" to
"independent qualified registered professional engineer."
(B) Section 265.1101 (c)(3)(iii) is modified
by changing "qualified registered professional engineer" to "independent
qualified registered professional engineer."
(xxiii) "Subpart EE - hazardous waste
munitions and explosives storage."
The first sentence at
40 C.F.R.
265.1202 is modified to exclude the exception
for hazardous wastes managed under 261.3(d).