Current through Register Vol. 24-06, March 15, 2024
Purpose, scope, and applicability.
(1) Final facility standards are established
in WAC 173-303-600 through
173-303-695,
and also include WAC
173-303-280
through
173-303-395.
Final facility standards are minimum statewide standards which describe the
acceptable management of dangerous waste.
(2) The final facility standards apply to
owners and operators of all facilities which treat, store or dispose of
dangerous waste, and which are not exempted by subsection (3) of this section.
Only permitted facilities which treat, store or dispose of dangerous waste and
owners or operators of a facility which recycles dangerous waste in compliance
with subsection (5) of this section can receive dangerous waste from off-site
sources, unless exempted by subsection (3) of this section.
(3) The final facility standards do not apply
to:
(a) Persons whose disposal activities are
permitted under the Marine Protection, Research and Sanctuaries Act, except
that storage, or treatment facilities where dangerous waste is loaded onto an
ocean vessel for incineration or disposal at sea are subject to final facility
standards;
(b) Persons whose
disposal activities are permitted under the underground injection control
program of the Safe Drinking Water Act, except that storage, or treatment
facilities needed to handle dangerous wastes are subject to final facility
standards;
(c) The owner or
operator of a POTW which treats, stores, or disposes of dangerous waste
provided they have a permit by rule pursuant to the requirements of WAC
173-303-802(4);
(d) A generator accumulating waste on site in
compliance with all applicable requirements in WAC
173-303-171,
173-303-172,
173-303-174,
173-303-200
and
173-303-201;
(e) The owner or operator of a facility which
is permitted to manage solid waste pursuant to chapter 173-350 WAC, if the only
dangerous waste the facility manages is excluded from regulation under this
chapter by WAC
173-303-171;
(f) A farmer disposing of waste pesticides
from their own use provided they comply with WAC
173-303-160(2)(b);
(g) A transporter storing a manifested
shipment of dangerous waste for ten days or less in accordance with WAC
173-303-240(6);
(h) Any person, other than an owner or
operator who is already subject to the final facility standards, who is
carrying out an immediate or emergency response to contain or treat a discharge
or potential discharge of a dangerous waste or hazardous substance;
(i) The owner or operator of a facility which
is in compliance with the interim status requirements of WAC
173-303-400
and
173-303-805,
until final administrative disposition of their final facility
permit;
(j) The owner or operator
of a totally enclosed treatment facility as defined in WAC
173-303-040, provided
that they have a permit by rule pursuant to the requirements of WAC
173-303-802(5);
(k) The addition, by a generator, of
absorbent material to waste in a container, or of waste to absorbent material
in a container, provided that these actions occur at the time the waste is
first placed in containers or, in the case of repackaging of previously
containerized waste into new containers, at the time the waste is first placed
into the new containers and the generator complies with all applicable
requirements of WAC
173-303-200
and
173-303-201
for large quantity generators, WAC
173-303-172
for medium quantity generators, and WAC
173-303-395(1)(a) and
(b);
(l) The compaction or sorting of
miscellaneous waste forms such as cans, rags, and bottles in a container, so
long as the activity is solely for the purpose of reducing waste void space,
and so long as these activities are conducted in a manner that protects human
health and prevents any release to the environment and the generator complies
with all applicable requirements of WAC
173-303-200
and
173-303-201
for large quantity generators, WAC
173-303-172
for medium quantity generators, and WAC
173-303-395(1)(a) and
(b);
(m) Generators treating dangerous waste
on-site in tanks, containers, or containment buildings that are used for
accumulation of such wastes provided the generator complies with the WAC
173-303-170(2)(b);
(n) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in WAC
173-303-040, provided
that they have a permit by rule pursuant to the requirements of WAC
173-303-802(5)
and provided that if the owner or operator is diluting hazardous ignit-able
(D001) wastes (other than the D001 High TOC Subcate-gory defined in
40 C.F.R. section
268.40, Table Treatment Standards for
Hazardous Wastes), or reactive (D003) waste, to remove the characteristic
before land disposal, the owner/operator must comply with the requirements set
out in WAC
173-303-395(1)(a);
(o) Universal waste handlers and universal
waste transporters (as defined in WAC
173-303-040 )
handling the wastes listed below. These handlers are subject to regulation
under WAC
173-303-573,
when handling the below listed universal wastes.
(i) Batteries as described in WAC
173-303-573(2);
(ii) Mercury-containing equipment as
described in WAC
173-303-573(3);
and
(iii) Lamps as described in WAC
173-303-573(5);
(p)
(i)
Except as provided in (p)(ii) of this subsection, a person engaged in treatment
or containment activities during immediate response to any of the following
situations:
(A) A discharge of a dangerous
waste;
(B) An imminent and
substantial threat of a discharge of dangerous waste;
(C) A discharge of a material that, when
discharged, becomes a dangerous waste;
(D) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in WAC
173-303-040.
(ii) An owner or operator of a facility
otherwise regulated by WAC 173-303-600 must comply with all applicable
requirements of WAC
173-303-340
and
173-303-350.
(iii) Any person who is covered by (p)(i) of
this subsection and who continues or initiates dangerous waste treatment or
containment activities after the immediate response is over is subject to all
applicable requirements of this chapter for those activities.
(iv) In the case of an explosives or
munitions emergency response, if a federal, state, tribal or local official
acting within the scope of their official responsibilities, or an explosives or
munitions emergency response specialist, determines that immediate removal of
the material or waste is necessary to protect human health or the environment,
that official or specialist may authorize the removal of the material or waste
by transporters who do not have EPA/state identification numbers and without
the preparation of a manifest. In the case of emergencies involving military
munitions, the responding military emergency response specialist's
organizational unit must retain records for three years identifying the dates
of the response, the responsible persons responding, the type and description
of material addressed, and its disposition;
(q) WAC
173-303-578
identifies when the requirements of WAC 173-303-600 apply to the storage of
military munitions classified as solid waste under WAC
173-303-578(2).
The treatment and disposal of dangerous waste military munitions are subject to
the applicable permitting, procedural, and technical standards in this
chapter;
(r) Reverse distributors
accumulating potentially creditable dangerous waste pharmaceuticals and
evaluated dangerous waste pharmaceuticals, as defined in WAC 173-303-555(1).
Reverse distributors are subject to regulation under WAC 173-303-555 in lieu of
this part for accumulation and management of potentially creditable dangerous
waste pharmaceuticals and evaluated dangerous waste
pharmaceuticals.
(5) The owner or
operator of a facility which recycles dangerous waste may, for such recycled
wastes only, comply with the applicable recycling standards specified in WAC
173-303-120
and
173-303-500
through
173-303-525
in lieu of the final facility standards.
(6) The owner or operator must comply with
the special land disposal restrictions for certain dangerous wastes in WAC
173-303-140.
(7) The final facility requirements apply to
owners or operators of all facilities that treat, store, or dispose of
hazardous wastes referred to in 40 C.F.R. Part 268, which is incorporated by
reference at WAC
173-303-140(2).
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-600, 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), §
173-303-600, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-600, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-600, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-600, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-600, 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), §
173-303-600, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 88-18-083
(Order 88-29), § 173-303-600, filed 9/6/88; 88-07-039 (Order 87-37),
§ 173-303-600, filed 3/11/88; 87-14-029 (Order DE-87-4), §
173-303-600, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-600,
filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-600, filed 4/18/84.
Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-600, filed 2/10/82.