Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. (Also, see WAC
173-303-120(3).)
(a) This section applies to recyclable
materials that are applied to or placed on the land:
(i) Without mixing with any other
substance(s); or
(ii) After mixing
or combining with any other sub-stance(s). These materials will be referred to
as "materials used in a manner that constitutes disposal."
(b)
(i)
Products produced for the general public's use that are used in a manner that
constitutes disposal and that contain recyclable materials are not presently
subject to regulation if the recyclable materials have undergone a chemical
reaction in the course of producing the products so as to become inseparable by
physical means and if such products meet the applicable treatment standards in
40 C.F.R. Part 268, Subpart D (or applicable prohibition levels in 268.32 or
RCRA section 3004(d), where no treatment standards have been established) for
each recyclable material (i.e., hazardous waste) that they contain, and the
recycler complies with
40
C.F.R. 268.7(b)(6) as
modified in WAC
173-303-140(2)(e).
(ii) Antiskid/deicing uses of slags, which
are generated from high temperature metals recovery (HTMR) processing of
dangerous waste K061, K062, and F006, in a manner constituting disposal are not
covered by the exemption in (b)(i) of this subsection and remain subject to
regulation.
(iii) Fertilizers that
contain recyclable materials are not subject to regulation provided that:
(A) They are zinc fertilizers excluded
according to WAC
173-303-071(3)(pp);
or
(B) They meet the applicable
treatment standards in sub-part D of Part 268, which is incorporated by
reference at WAC
173-303-140(2)(a),
for each hazardous waste that they contain.
(Note: Fertilizers that contain recyclable material derived
from state-only waste must also meet the treatment standards in WAC
173-303-140(2)
(b) that apply to the characteristics of
dangerous waste that the state-only waste exhibits.)
(iv) The department may recommend
registration under chapter 15.54 RCW for a waste-derived fertilizer (including
fertilizers that contain recyclable material) or micronutrient fertilizer:
Provided, That the registrant submits the information described in (b)(iv)(A)
or (B) of this subsection. However, the information requirements in (b)(iv)(A)
of this subsection may not be required if: The registrant provides
documentation that the fertilizer has been previously registered in Washington
state two or more times using the information in (b)(iv)(A) of this subsection,
and the source materials used to manufacture the product have not changed.
(A) Initial criteria.
(I) The applicable Land Disposal Restriction
(LDR) Certification as described in 40 C.F.R. Part 268, or toxicity
characteristic leaching procedure (TCLP) data that indicate the product
contains less than the maximum concentrations for TCLP metals described in WAC
173-303-090(8);
and
(II) Total Halogenated Organic
Compounds (HOC) test data that indicate the product contains less than 1% total
HOC.
(B) Secondary
criteria.
(I) A complete description of the
fertilizer manufacturing process, including the location of the manufacturing
facility; and
(II) A complete list
of all ingredients used in manufacturing the fertilizer and a complete
description of the sources of those ingredients, including a description of the
original process and location for each of those ingredients; and
(III) Evidence that any waste(s) used in
manufacturing the product does not designate as dangerous waste according to
procedures described in WAC
173-303-070;
and
(IV) Other information as
required by the department.
(2) Recyclable materials used in a manner
that constitutes disposal are dangerous wastes and are subject to the following
requirements:
(a) For generators, WAC
173-303-170
through
173-303-230;
(b) For transporters, WAC
173-303-240
through
173-303-270;
and
(c) For facilities that store
or use dangerous wastes in a manner constituting disposal, the applicable
requirements of 40 C.F.R. Part 268 (incorporated by reference in WAC
173-303-140(2)(a)
) and 173-303-280 through 173-303-840 (except that users of such products are
not subject to these standards if the products meet the requirements of
subsection (1)(b) of this section).
(d) The use of waste oil, used oil, or other
material that is contaminated with dioxin or any other dangerous waste for dust
suppression or road treatment is prohibited.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-505, 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), §
173-303-505, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-505, filed 3/13/03, effective 4/13/03. Statutory
Authority:
Chapters
70.105,
70.105D,
15.54 RCW and
RCW
70.105.007. 00-11-040 (Order 99-01), §
173-303-505, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-505, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-505, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-505, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-505, filed 1/4/89; 86-12-057 (Order DE-85-10),
§ 173-303-505, filed 6/3/86; 84-09-088 (Order DE 83-36), §
173-303-505, filed 4/18/84.