Current through Register Vol. 24-06, March 15, 2024
(1) Applicability. This section applies to
the recycling of state-only dangerous waste that are not regulated as hazardous
wastes (defined in WAC
173-303-040 ) by EPA. (Also, see
WAC 173-303-120(3) and
(5).)
(2) Standards.
(a) If state-only dangerous wastes are
recycled in any of the ways described in WAC
173-303-505 through
173-303-525, then such recycling
is subject to the respective requirements of WAC
173-303-505 through
173-303-525, except as provided
in (c) of this subsection.
(b) If
state-only dangerous wastes are recycled in any way not specifically described
in WAC 173-303-505 through
173-303-525, then such recycling
is subject to the requirements of WAC
173-303-120(4),
except as provided in (c) of this subsection.
(c) Recyclers who receive state-only
dangerous wastes from offsite and who store the wastes in containers or tanks
may, in lieu of the provisions for storing dangerous wastes prior to recycling,
comply with:
(i) WAC
173-303-060;
(ii) WAC
173-303-370 (if the dangerous
waste received must be accompanied by a manifest); and
(iii) The following requirements, provided
that the dangerous waste is recycled within ninety days of the date it is
received by the recycler:
(A) WAC
173-303-330 through
173-303-360;
(B) WAC
173-303-630(2), (3), (4), (5), (6), (8) and
(9), for containers;
(C) WAC
173-303-640(3), (4), (5), (6) and
(7), for tanks; and
(D) WAC
173-303-630(7)
for new container areas installed after September 30, 1986, and WAC
173-303-640(2)
for new tanks installed after September 30, 1986.
(d) The department may require a
recycler who is storing his waste under the provisions of (c) of this
subsection to comply with the provisions for storing dangerous waste prior to
recycling specified in WAC
173-303-505 through
173-303-525 and
173-303-120(4)
if:
(i) The recycler fails to comply with the
requirements of (c) of this subsection; or
(ii) The department determines, on a
case-by-case basis, that the requirements of (c) of this subsection do not
adequately protect public health or the environment.
(3) Relief from standards. The
owner/operator of a facility recycling dangerous wastes under the provisions of
this section may ask the department to provide relief from any of the
applicable requirements of this section. Requests for relief must be submitted
as described in (a) of this subsection. Requests for relief will be approved or
denied as described in (b) of this subsection.
(a) A request for relief must be submitted by
the recycler to the department in writing and must describe the standards from
which the recycler is seeking relief. The request must include:
(i) The facility name, EPA/state
identification number, address, telephone number, and a contact person at the
facility;
(ii) The waste(s) managed
at the facility and the type(s) recycling;
(iii) The specific standards from which the
owner/operator seeks relief;
(iv) A
description, for each standard, demonstrating:
(A) Why the owner/operator believes the
standard to be unnecessary;
(B) How
public health and the environment will continue to be protected if the standard
is not applied to the facility; and
(C) Any evidence supporting the contention
that public health and the environment will be adequately protected if the
standard is not applied (e.g., test data, diagrams, experiences at similar
facilities, records, reports, etc.); and
(v) The following certification, signed and
dated by a person who would be authorized to sign a report under WAC
173-303-810(12)(b):
"I certify under penalty of law that I have personally examined
and am familiar with the information submitted in this request and all
attachments and that, based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the information is
true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment."
The department may ask for any additional information it deems
necessary, and will not consider approval of the owner's/operator's request
until all necessary information has been submitted. Failure to provide any of
the information required may result in the department's denying the
owner's/operator's request.
(b) The department will review any requests
submitted pursuant to (a) of this subsection, and based on the adequacy of the
information provided in the request will approve or deny all or any part of the
request. The department will notify the recycler of its decision in writing. If
the department decides to approve all or part of the request and the recycler
agrees with the department's decision, then the department will proceed to
grant the approval as described below. No approval will be effective until the
procedures described below have been completed.
(i) For facilities which are required to have
a final facility permit, the department will follow the procedures for issuing
(or, for facilities which already have a final facility permit, the procedures
for modifying) a final facility permit, as described in WAC
173-303-806. The new or modified
final facility permit will include the standards the owner/operator must
meet.
(ii) For all other types of
recycling facilities, the department will issue a notice of modification
stating what standards will be applied. Before issuing the notice of
modification, the department will provide public notice of its intent, will
allow thirty days for public comment, and will hold a public hearing if there
is a significant degree of public interest or there is written notice of
opposition and the department receives a request for a hearing during the
comment period. Notice of a public hearing will be provided at least fifteen
days in advance, and the public comment period will be extended to include the
date of the hearing if it will occur after the initial thirty-day comment
period. Within fifteen days of the end of the public comment period the
department will, based on comments received, issue, modify and issue, or deny
the notice of modification.
(c) Failure to comply with the conditions and
standards as stated in the permit or notice of modification issued under (b) of
this subsection will form a basis for modifying or revoking the permit or
notice of modification.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-500, filed 3/13/03, effective 4/13/03; 95-22-008 (Order
94-30), § 173-303-500, filed 10/19/95, effective 11/19/95. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-500, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-500, filed 6/3/86; 84-14-031 (Order DE 84-22),
§ 173-303-500, filed 6/27/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-500, filed 2/10/82.