Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(Also, see WAC
173-303-120(3).)
(a) This section applies to generators,
marketers, transporters, blenders, and burners of dangerous waste fuels that
are to be burned for energy recovery in any boiler or industrial furnace that
is not regulated under Subpart O of 40 C.F.R. Part 265 or WAC
173-303-670, except
as provided by (b) of this subsection. These regulations do not apply to gas
recovered from dangerous waste management activities when such gas is burned
for energy recovery. Note: (This note is a reminder that all generators,
transporters, and burners of federally regulated hazardous waste fuels that are
to be burned for energy recovery, and all storage facility owners and operators
of facilities that store dangerous waste that is burned in a boiler or
industrial furnace must comply with the requirements of 40 C.F.R. Part 266
Subpart H.) In addition, the following are incorporated by reference for
boilers and industrial furnaces that burn hazardous waste:
40
C.F.R. 266.100(b)(1),
266.100(b)(2),
266.100(b)(3),
266.100(d)(1),
266.100(d)(3)
intro, and 266.100(h).
(b) The
following dangerous wastes are not subject to regulation under this section:
(i) Used oil burned for energy recovery if it
is a dangerous waste because it:
(A) Exhibits
a characteristic of dangerous waste identified in WAC
173-303-090;
or
(B) Is designated as DW only
(and not EHW) through the criteria of WAC
173-303-100.
Such used oil is subject to regulation under WAC
173-303-515
rather than this section.
Note: Used oil burned for energy recovery containing a listed
waste or a waste designated as EHW through the criteria of WAC
173-303-100(6)(b) and
(c) is subject to this
section.
(ii)
(Reserved.)
(2) Definitions. Any terms used in this
section that are not defined below have the meanings provided in WAC
173-303-040. For the
purposes of this section, the following terms have the described meanings:
(a) "Dangerous waste fuel" means dangerous
waste burned or to be burned for energy recovery. Fuel produced from dangerous
waste by processing, blending, or other treatment is also dangerous waste
fuel.
(b) "Distributor" means
persons who distribute but do not process or blend dangerous waste fuel.
Distributors may broker fuel by arranging for the final disposition of the
fuel. Distributors are regulated under subsection (6) of this
section.
(c) "Blender" means
persons who produce, process, or blend fuel from dangerous wastes. Blenders are
regulated under subsection (7) of this section.
(d) "Marketer" means persons who are:
(i) Generators who market dangerous waste
fuel directly to a burner. Generators are regulated under subsection (4) of
this section;
(ii) Distributors,
regulated under subsection (6) of this section;
(iii) Blenders, regulated under subsection
(7) of this section.
(3) Prohibitions.
(a) A person may market dangerous waste fuel
only:
(i) To persons, in state, who have
notified the department of their dangerous waste fuel activities under WAC
173-303-060
and have an EPA/state identification number or to out-of-state marketers or
burners who have notified the EPA or authorized state agency and who have an
EPA/state identification number; and
(ii) When marketed to a burner, to persons
who burn the fuel in boilers or industrial furnaces identified in (b) of this
subsection.
(b) Dangerous
waste fuel may be burned for energy recovery in the following devices only;
(i) Industrial furnaces identified in WAC
173-303-040;
(ii) Boilers, as defined in WAC
173-303-040, that are
identified as follows:
(A) Industrial boilers
located on the site of a facility engaged in a manufacturing process where
substances are transformed into new products, including the component parts of
products, by mechanical or chemical processes; or
(B) Utility boilers used to produce electric
power, steam, or heated or cooled air or other gases or fluids for
sale.
(c) No
fuel which contains any dangerous waste may be burned in any cement kiln which
is located within the boundaries of any incorporated municipality with a
population greater than five hundred thousand (based on the most recent census
statistics) unless such kiln fully complies with regulations under this chapter
that are applicable to incinerators.
(4) Standards applicable to generators of
dangerous waste fuel.
(a) All generators of
dangerous waste that is used as a fuel or used to produce a fuel are subject to
WAC
173-303-170
through
173-303-230.
(b) Generators who are marketers. Generators
are marketers if they send their waste fuel directly to a burner. Generators
who are marketers must:
(i) Prohibitions.
Comply with the prohibitions under subsection (3) of this subsection.
(ii) Notification. Comply with the
notification requirements under WAC
173-303-060
for dangerous waste fuel activities. Generators who have previously notified
the department of their dangerous waste management activities and obtained an
EPA/state identification number, must renotify to identify their dangerous
waste fuel activities.
(iii)
Accumulation. Comply with applicable accumulation requirements of WAC
173-303-172,
173-303-200,
and
173-303-201.
(iv) Storage. For generators who have interim
or final status and exceed the accumulation time frames referenced in (b)(iii)
of this subsection, comply with the storage provisions of:
(A) WAC
173-303-280
through
173-303-395;
and
(B) WAC
173-303-800
through
173-303-840;
and
(C) WAC
173-303-400
for interim status facilities or WAC
173-303-600
through
173-303-692
for final status facilities.
(v) Required notice. Obtain, prior to
initiating the first shipment of dangerous waste fuel, a one time written and
signed certification notice from the burner certifying that:
(A) The burner has notified as described
under subsection (3) of this subsection; and
(B) The burner will burn the dangerous waste
fuel only in an industrial furnace or boiler identified in subsection (3)(b) of
this subsection.
(vi)
Recordkeeping. Keep a copy of each certification notice received for at least
five years from the date of the last dangerous waste fuel shipment to the
burner who sent such notice.
(c) Generators who are burners also are
subject to subsection (8) of this section.
(5) Standards applicable to transporters of
dangerous waste fuel. Transporters of dangerous waste fuel (and dangerous waste
that is used to produce a fuel) are subject to the requirements of WAC
173-303-240
through
173-303-270.
(6) Standards applicable to distributors of
dangerous waste fuel.
(a) Prohibitions. The
prohibitions under subsection (3) of this section;
(b) Notification. Notification requirements
under WAC
173-303-060
for dangerous waste fuel activities. Distributors who have previously notified
the department of their dangerous waste management activities and obtained an
EPA/state identification number, must renotify to identify their dangerous
waste fuel activities.
(c) Storage.
Distributors who store dangerous waste fuels must comply with the applicable
storage provisions of:
(i) WAC
173-303-280
through
173-303-395;
and
(ii) WAC
173-303-800
through
173-303-840;
and
(iii) WAC
173-303-400
for interim status facilities or WAC
173-303-600
through
173-303-692
for final status facilities;
(iv)
The standards for generators in WAC
173-303-170
through
173-303-230.
(d) Off-site shipment. A distributor must
meet the standards for generators in WAC
173-303-170
through
173-303-230
when the distributor initiates a shipment of dangerous waste fuel. Except that
a distributor may not accumulate dangerous waste fuels under the accumulation
provisions of WAC 173-303-172,
173-303-200,
and
173-303-201;
(e) Required notices.
(i) Before initiating the first shipment of
dangerous waste fuel to another distributor, a blender, or a burner, a
distributor must obtain a one-time written and signed certification notice from
the distributor, blender, or burner certifying that:
(A) The burner, distributor, or blender has
notified as described under subsection (3) of this section; and
(B) If the recipient is a burner, the burner
will burn the dangerous waste fuel only in an industrial furnace or boiler
identified in subsection (3)(b) of this section.
(ii) Before accepting the first shipment of
dangerous waste fuel from another distributor or blender, the distributor must
provide the other distributor or blender with a one-time written and signed
certification that the distributor has complied with the notification
requirements described in subsection (3) of this section; and
(f) Recordkeeping. A distributor
must keep a copy of each certification notice received or sent for at least
five years from the date the distributor last engaged in a dangerous waste fuel
marketing transaction with the person who sent or received the certification
notice.
(7) Standards
applicable to blenders of dangerous waste fuels.
(a) Prohibitions. The prohibitions under
subsection (3) of this section.
(b)
Notification. Notification requirements under WAC
173-303-060
for dangerous waste fuel activities. Blenders who have previously notified the
department of their dangerous waste management activities and obtained an
EPA/state identification number, must renotify to identify their dangerous
waste fuel activities.
(c)
Facility. For tanks, containers, or other units used to hold dangerous waste
prior to blending or processing; for blending or processing tanks, containers,
or other units; and for tanks, containers, or other units, used to hold blended
or processed fuel, blenders must comply with the applicable provisions of:
(i) WAC
173-303-280
through
173-303-395;
and
(ii) WAC
173-303-800
through
173-303-840;
and
(iii) WAC
173-303-400
for interim status facilities or WAC
173-303-600
through
173-303-692
for final status facilities;
(d) Off-site shipment. The standards for
generators in WAC
173-303-170
through
173-303-230
when a blender initiates a shipment of dangerous waste fuel, except that a
blender may not accumulate dangerous waste fuels under the accumulation
provisions of WAC 173-303-172,
173-303-200,
and
173-303-201;
(e) Required notices.
(i) Before initiating the first shipment of
dangerous waste fuel to another blender, a distributor, or a burner, a blender
must obtain a one-time written and signed certification notice from the
blender, distributor, or burner certifying that:
(A) The burner, distributor, or blender has
notified as described under subsection (3) of this section; and
(B) If the recipient is a burner, the burner
will burn the dangerous waste fuel only in an industrial furnace or boiler
identified in subsection (3)(b) of this section.
(ii) Before accepting the first shipment of
dangerous waste fuel from another blender or distributor, the blender must
provide the other blender or distributor with a one-time written and signed
certification that the blender has complied with the notification requirements
described in subsection (3) of this section; and
(f) Recordkeeping. A blender must keep a copy
of each certification notice received or sent for at least five years from the
date the blender last engaged in a dangerous waste fuel marketing transaction
with the person who sent or received the certification notice.
(8) Standards applicable to
burners of dangerous waste fuel.
Owners and operators of industrial furnaces and boilers
identified in subsection (3)(b) of this section must comply with:
(a) Prohibitions. The prohibitions under
subsection (3) of this section;
(b)
Notification. Notification requirements under WAC
173-303-060
for dangerous waste fuel activities. A burner who has previously notified the
department of dangerous waste management activities and obtained an EPA/state
identification number, must renotify to identify the dangerous waste fuel
activities;
(c) Storage.
(i) For short term accumulation by generators
who burn their dangerous waste fuel on-site, the applicable provisions of WAC
173-303-172,
173-303-200,
and
173-303-201.
(ii) For all burners who store dangerous
waste fuel, the applicable storage provisions of:
(A) WAC
173-303-280
through
173-303-395;
(B) WAC
173-303-800
through
173-303-840;
and
(C) WAC
173-303-400
for interim status facilities or WAC
173-303-600
through
173-303-692
for final status facilities (the air emission requirements do not apply to
burners that meet the small quantity burner exemption at
40 C.F.R.
266.101 );
(d) Required notices. Before a burner accepts
the first shipment of dangerous waste fuel from a distributor, or a blender, or
a generator the burner must provide the distributor, or the blender, or the
generator a one-time written and signed notice certifying that:
(i) The burner has notified as described
under subsection (3) of this section; and
(ii) The dangerous waste fuel will only be
burned in an industrial furnace or boiler identified in subsection (3)(b) of
this section.
(e)
Recordkeeping. In addition to the applicable record-keeping requirements of WAC
173-303-380,
a burner must keep a copy of each certification notice sent for at least five
years from the date the burner last receives dangerous waste fuel from the
person who received the certification notice.
(f) Local requirements. Any person who burns
dangerous waste for energy recovery must comply with air emission requirements
of the local air pollution control authority (or department of ecology if no
local authority with jurisdiction exists).
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-510, 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), §
173-303-510, filed 11/30/04, effective 1/1/05. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 03-07-049 (Order
02-03), § 173-303-510, 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), §
173-303-510, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-510, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-510, filed 12/8/93, effective 1/8/94. 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), §
173-303-510, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 88-18-083
(Order 88-29), § 173-303-510, filed 9/6/88; 88-07-039 (Order 87-37),
§ 173-303-510, filed 3/11/88; 86-12-057 (Order DE-85-10), §
173-303-510, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-510,
filed 6/27/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-510, filed 2/10/82.