Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. The regulations in this subpart apply to owners and operators of
facilities that treat or dispose of dangerous waste in land treatment units,
except as WAC
173-303-600 provides
otherwise.
(2) Treatment program.
(a) An owner or operator subject to this
section must establish a land treatment program that is designed to ensure that
dangerous constituents placed in or on the treatment zone are degraded,
transformed, or immobilized within the treatment zone. The department will
specify in the facility permit the elements of the treatment program,
including:
(i) The wastes that are capable of
being treated at the unit based on a demonstration under subsection (3) of this
section;
(ii) Design measures and
operating practices necessary to maximize the success of degradation,
transformation, and immobilization processes in the treatment zone in
accordance with subsection (4)(a) of this section; and
(iii) Unsaturated zone monitoring provisions
meeting the requirements of subsection (6) of this section.
(b) The department will specify in
the facility permit the dangerous constituents that must be degraded,
transformed, or immobilized under this section. Dangerous constituents are
constituents identified in WAC
173-303-9905, and any other
constituents which, although not listed in WAC
173-303-9905, cause a waste to be
regulated under this chapter, that are reasonably expected to be in, or derived
from, waste placed in or on the treatment zone.
(c) The department will specify the vertical
and horizontal dimensions of the treatment zone in the facility permit. The
treatment zone is the portion of the unsaturated zone below, and including, the
land surface in which the owner or operator intends to maintain the conditions
necessary for effective degradation, transformation, or immobilization of
dangerous constituents. The maximum depth of the treatment zone must be:
(i) No more than 1.5 meters (5 feet) below
the initial soil surface; and
(ii)
More than 3 meters (10 feet) above the seasonal high water table; except that
the owner or operator may demonstrate to the satisfaction of the department
that a distance of less than 3 meters will be adequate. In no case will the
distance be less than 1 meter.
(3) Treatment demonstration.
(a) For each waste that will be applied to
the treatment zone, the owner or operator must demonstrate, prior to
application of the waste, that dangerous constituents in the waste can be
completely degraded, transformed, or immobilized in the treatment
zone.
(b) In making this
demonstration, the owner or operator may use field tests, laboratory analyses,
available data, or, in the case of existing units, operating data. If the owner
or operator intends to conduct field tests or laboratory analyses in order to
make the demonstration required under (a) of this subsection, he must obtain a
land treatment demonstration permit under WAC
173-303-808. The department will
specify in this permit the testing, analytical, design, and operating
requirements (including the duration of the tests and analyses, and, in the
case of field tests, the horizontal and vertical dimensions of the treatment
zone, monitoring procedures, closure, and clean-up activities) necessary to
meet the requirements in (c) of this subsection.
(c) Any field test or laboratory analysis
conducted in order to make a demonstration under (a) of this subsection must:
(i) Accurately simulate the characteristics
and operating conditions for the proposed land treatment unit including:
(A) The characteristics of the waste and of
dangerous constituents present;
(B)
The climate in the area;
(C) The
topography of the surrounding area;
(D) The characteristics and depth of the soil
in the treatment zone; and
(E) The
operating practices to be used at the unit;
(ii) Be likely to show that dangerous
constituents in the waste to be tested will be completely degraded,
transformed, or immobilized in the treatment zone of the proposed land
treatment unit; and
(iii) Be
conducted in a manner that protects human health and the environment
considering:
(A) The characteristics of the
waste to be tested;
(B) The
operating and monitoring measures taken during the course of the
test;
(C) The duration of the
test;
(D) The volume of waste used
in the test; and
(E) In the case of
field tests, the potential for migration of dangerous constituents to
groundwater or surface water.
(4) Design and operating requirements. The
department will specify in the facility permit how the owner or operator will
design, construct, operate, and maintain the land treatment unit in compliance
with this subsection.
(a) The owner or
operator must design, construct, operate, and maintain the unit to maximize the
degradation, transformation, and immobilization of dangerous constituents in
the treatment zone. The owner or operator must design, construct, operate, and
maintain the unit in accordance with all design and operating conditions that
were used in the treatment demonstration under subsection (3) of this section.
At a minimum, the department will specify in the facility permit:
(i) The rate and method of waste application
to the treatment zone;
(ii)
Measures to control soil pH;
(iii)
Measures to enhance microbial or chemical reactions (e.g., fertilization,
tilling); and
(iv) Measures to
control the moisture content of the treatment zone.
(b) The owner or operator must design,
construct, operate, and maintain the treatment zone to minimize runoff of
dangerous constituents during the active life of the land treatment
unit.
(c) The owner or operator
must design, construct, operate, and maintain a run-on control system capable
of preventing flow onto the treatment zone during peak discharge from at least
a twenty-five-year storm.
(d) The
owner or operator must design, construct, operate, and maintain a runoff
management system to collect and control at least the water volume resulting
from a twenty-four-hour, twenty-five-year storm.
(e) Collection and holding facilities (e.g.,
tanks or basins) associated with run-on and runoff control systems must be
emptied or otherwise managed expeditiously and in accordance with this chapter
after storms to maintain the design capacity of the system.
(f) If the treatment zone contains
particulate matter which may be subject to wind dispersal, the owner or
operator must control wind dispersal.
(g) The owner or operator must inspect the
unit weekly and after storms to detect evidence of:
(i) Deterioration, malfunctions, or improper
operation of run-on and runoff control systems; and
(ii) Improper functioning of wind dispersal
control measures.
(5) Food chain crops. The department may
allow the growth of food chain crops in or on the treatment zone only if the
owner or operator satisfies the conditions of this subsection. The department
will specify in the facility permit the specific food chain crops which may be
grown.
(a)
(i) The owner or operator must demonstrate
that there is no substantial risk to human health caused by the growth of such
crops in or on the treatment zone by demonstrating, prior to the planting of
such crops, that dangerous constituents other than cadmium:
(A) Will not be transferred to the food or
feed portions of the crop by plant uptake or direct contact, and will not
otherwise be ingested by food chain animals (e.g., by grazing); or
(B) Will not occur in greater concentrations
in or on the food or feed portions of crops grown on the treatment zone than in
or on identical portions of the same crops grown on untreated soils under
similar conditions in the same region.
(ii) The owner or operator must make the
demonstration required under (a)(i) of this subsection prior to the planting of
crops at the facility for all dangerous constituents that are reasonably
expected to be in, or derived from, waste placed in or on the treatment
zone.
(iii) In making such a
demonstration, the owner or operator may use field tests, greenhouse studies,
available data, or, in the case of existing units, operating data, and must:
(A) Base the demonstration on conditions
similar to those present in the treatment zone, including soil characteristics
(e.g., pH, cation exchange capacity), specific wastes, application rates,
application methods, and crops to be grown; and
(B) Describe the procedures used in
conducting any tests, including the sample selection criteria, sample size,
analytical methods, and statistical procedures.
(iv) If the owner or operator intends to
conduct field tests or greenhouse studies in order to make the demonstration he
must obtain a permit for conducting such activities.
(b) The owner or operator must comply with
the following conditions if cadmium is contained in wastes applied to the
treatment zone;
(i)
(A) The pH of the waste and soil mixture must
be 6.5 or greater at the time of each waste application, except for waste
containing cadmium at concentrations of 2 mg/kg (dry weight) or less;
(B) The annual application of cadmium from
waste must not exceed 0.5 kilograms per hectare (kg/ha) on land used for
production of tobacco, leafy vegetables, or root crops grown for human
consumption. For other food chain crops, the annual cadmium application rate
must not exceed:
Time period
|
|
|
|
Annual Cd
application rate
(kilograms per hectare)
|
Present to June 30, 1984 . . . . . . . . . . .
.
|
2.0
|
July 1, 1984 to Dec. 31, 1986 . . . . . . . . . . .
.
|
1.25
|
Beginning Jan. 1, 1987 . . . . . . . . . . . .
|
0.5
|
(C)
The cumulative application of cadmium from waste must not exceed 5kg/ha if the
waste and soil mixture has a pH of less than 6.5; and
(D) If the waste and soil mixture has a pH of
6.5 or greater or is maintained at a pH of 6.5 or greater during crop growth,
the cumulative application of cadmium from waste must not exceed: 5 kg/ha if
soil cation exchange capacity (CEC) is less than 5 meq/100g; 10 kg/ha if soil
CEC is 5-15 meq/100g; and 20 kg/ha if soil CEC is greater than 15 meq/100g;
or
(ii)
(A) Animal feed must be the only food chain
crop produced;
(B) The pH of the
waste and soil mixture must be 6.5 or greater at the time of waste application
or at the time the crop is planted, whichever occurs later, and this pH level
must be maintained whenever food chain crops are grown;
(C) There must be an operating plan which
demonstrates how the animal feed will be distributed to preclude ingestion by
humans. The operating plan must describe the measures to be taken to safeguard
against possible health hazards from cadmium entering the food chain, which may
result from alternative land uses; and
(D) Future property owners must be notified
by a stipulation in the land record or property deed which states that the
property has received waste at high cadmium application rates and that food
chain crops must not be grown except in compliance with (b)(ii) of this
subsection.
(6) Unsaturated zone monitoring. An owner or
operator subject to this section must establish an unsaturated zone monitoring
program to discharge the responsibilities described in this subsection.
(a) The owner or operator must monitor the
soil and soil-pore liquid to determine whether dangerous constituents migrate
out of the treatment zone.
(i) The department
will specify the dangerous constituents to be monitored in the facility permit.
The dangerous constituents to be monitored are those specified under subsection
(2)(b) of this section.
(ii) The
department may require monitoring for principal dangerous constituents (PDCs)
in lieu of the constituents specified under subsection (2)(b) of this section.
PDCs are dangerous constituents contained in the wastes to be applied at the
unit that are the most difficult to treat, considering the combined effects of
degradation, transformation, and immobilization. The department will establish
PDCs if it finds, based on waste analyses, treatment demonstrations, or other
data, that effective degradation, transformation, or immobilization of the PDCs
will assure treatment at least equivalent levels for the other dangerous
constituents in the wastes.
(b) The owner or operator must install an
unsaturated zone monitoring system that includes soil monitoring using soil
cores and soil-pore liquid monitoring using devices such as lysimeters. The
unsaturated zone monitoring system must consist of a sufficient number of
sampling points at appropriate locations and depths to yield samples that:
(i) Represent the quality of background
soil-pore liquid quality and the chemical makeup of soil that has not been
affected by leakage from the treatment zone; and
(ii) Indicate the quality of soil-pore liquid
and the chemical makeup of the soil below the treatment zone.
(c) The owner or operator must
establish a background value for each dangerous constituent to be monitored
under (a) of this subsection. The permit will specify the background values for
each constituent or specify the procedures to be used to calculate the
background values.
(i) Background soil values
may be based on a one-time sampling at a background plot having characteristics
similar to those of the treatment zone.
(ii) Background soil-pore liquid values must
be based on at least quarterly sampling for one year at a background plot
having characteristics similar to those of the treatment zone.
(iii) The owner or operator must express all
background values in a form necessary for the determination of statistically
significant increases under (f) of this subsection.
(iv) In taking samples used in the
determination of all background values, the owner or operator must use an
unsaturated zone monitoring system that complies with (b)(i) of this
subsection.
(d) The
owner or operator must conduct soil monitoring and soil-pore liquid monitoring
immediately below the treatment zone. The department will specify the frequency
and timing of soil and soil-pore liquid monitoring in the facility permit after
considering the frequency, timing, and rate of waste application, and the soil
permeability. The owner or operator must express the results of soil and
soil-pore liquid monitoring in a form necessary for the determination of
statistically significant increases under (f) of this subsection.
(e) The owner or operator must use consistent
sampling and analysis procedures that are designed to ensure sampling results
that provide a reliable indication of soil-pore liquid quality and the chemical
makeup of the soil below the treatment zone. At a minimum, the owner or
operator must implement procedures and techniques for:
(i) Sample collection;
(ii) Sample preservation and
shipment;
(iii) Analytical
procedures; and
(iv) Chain of
custody control.
(f) The
owner or operator must determine whether there is a statistically significant
change over background values for any dangerous constituent to be monitored
under (a) of this subsection, below the treatment zone each time he conducts
soil monitoring and soil-pore liquid monitoring under (d) of this subsection.
(i) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent, as determined under (d) of this subsection, to the
background value for that constituent according to the statistical procedure
specified in the facility permit under this subsection.
(ii) The owner or operator must determine
whether there has been a statistically significant increase below the treatment
zone within a reasonable time period after completion of sampling. The
department will specify that time period in the facility permit after
considering the complexity of the statistical test and the availability of
laboratory facilities to perform the analysis of soil and soil-pore liquid
samples.
(iii) The owner or
operator must determine whether there is a statistically significant increase
below the treatment zone using a statistical procedure that provides reasonable
confidence that migration from the treatment zone will be identified. The
department will specify a statistical procedure in the facility permit that it
finds:
(A) Is appropriate for the
distribution of the data used to establish background values; and
(B) Provides a reasonable balance between the
probability of falsely identifying migration from the treatment zone and the
probability of failing to identify real migration from the treatment
zone.
(g) If
the owner or operator determines, pursuant to (f) of this subsection, that
there is a statistically significant increase of dangerous constituents below
the treatment zone, he must:
(i) Notify the
department of his finding in writing within seven days. The notification must
indicate what constituents have shown statistically significant
increases;
(ii) Within forty-five
days, submit to the department an application for a permit modification to
amend the operating practices at the facility in order to maximize the success
of degradation, transformation, or immobilization processes in the treatment
zone; and
(iii) Continue to monitor
in accordance with the unsaturated zone monitoring program established under
this subsection.
(h) If
the owner or operator determines, pursuant to (f) of this subsection, that
there is a statistically significant increase of dangerous constituents below
the treatment zone, he may demonstrate that a source other than regulated units
caused the increase or that the increase resulted from an error in sampling,
analysis, or evaluation. While the owner or operator may make a demonstration
under this subsection, he is not relieved of the requirement to submit
concurrently a permit modification application within the forty-five-day
period, unless the demonstration made under this subsection successfully shows
that a source other than regulated units caused the increase or that the
increase resulted from an error in sampling, analysis, or evaluation. In making
a demonstration under this subsection, the owner or operator must:
(i) Notify the department in writing within
seven days of determining a statistically significant increase below the
treatment zone that he intends to make a demonstration under this
subsection;
(ii) Within forty-five
days, submit a report to the department demonstrating that a source other than
the regulated units caused the increase or that the increase resulted from
error in sampling, analysis, or evaluation;
(iii) Within forty-five days, submit to the
department an application for a permit modification to make any appropriate
changes to the unsaturated zone monitoring program at the facility;
and
(iv) Continue to monitor in
accordance with the unsaturated zone monitoring program established under this
subsection.
(7) Recordkeeping. The owner or operator must
include dangerous waste application dates and rates in the operating record
required under WAC
173-303-380.
(8) Closure and post-closure care.
(a) During the closure period the owner or
operator must:
(i) Continue all operations
(including pH control) necessary to maximize degradation, transformation, or
immobilization of dangerous constituents within the treatment zone as required
under subsection (4)(a) of this section, except to the extent such measures are
inconsistent with (a)(viii) of this subsection;
(ii) Continue all operations in the treatment
zone to minimize runoff of dangerous constituents as required under subsection
(4)(b) of this section;
(iii)
Maintain the run-on control system required under subsection (4)(c) of this
section;
(iv) Maintain the runoff
management system required under subsection (4)(d) of this section;
(v) Control wind dispersal of dangerous waste
if required under subsection (4)(f) of this section;
(vi) Continue to comply with any prohibitions
or conditions concerning growth of food chain crops under subsection (5) of
this section;
(vii) Continue
unsaturated zone monitoring in compliance with subsection (6) of this section,
except that soil-pore liquid monitoring may be terminated ninety days after the
last application of waste to the treatment zone; and
(viii) Establish a vegetative cover on the
portion of the facility being closed at such time that the cover will not
substantially impede degradation, transformation, or immobilization of
dangerous constituents in the treatment zone. The vegetative cover must be
capable of maintaining growth without extensive maintenance.
(b) For the purpose of complying
with WAC 173-303-610(6)
when closure is completed, the owner or operator may submit to the department a
certification by an independent qualified soil scientist, in lieu of an
independent, qualified registered professional engineer, that the facility has
been closed in accordance with the specifications in the approved closure
plan.
(c) During the post-closure
care period the owner or operator must:
(i)
Continue all operations (including pH control) necessary to enhance degradation
and transformation and sustain immobilization of dangerous constituents in the
treatment zone to the extent that such measures are consistent with other
post-closure care activities;
(ii)
Maintain a vegetative cover over closed portions of the facility;
(iii) Maintain the run-on control system
required under subsection (4)(c) of this section;
(iv) Maintain the runoff management system
required under subsection (4)(d) of this section;
(v) Control wind dispersal of dangerous
waste, if required under subsection (4)(f) of this section;
(vi) Continue to comply with any prohibitions
or conditions concerning growth of food chain crops under subsection (5) of
this section; and
(vii) Continue
unsaturated zone monitoring in compliance with subsection (6) of this section,
except that soil-pore liquid monitoring may be terminated one hundred eighty
days after the last application of waste to the treatment zone.
(d) The owner or operator is not
subject to regulation under (a)(viii) and (c) of this subsection, if the
department finds that the level of dangerous constituents in the treatment zone
soil does not exceed the background value of those constituents by an amount
that is statistically significant when using the test specified in (d)(iii) of
this subsection. The owner or operator may submit such a demonstration to the
department at any time during the closure or post-closure care periods. For the
purposes of this subsection:
(i) The owner or
operator must establish background soil values and determine whether there is a
statistically significant increase over those values for all dangerous
constituents specified in the facility permit under subsection (2)(b) of this
section;
(A) Background soil values may be
based on a one-time sampling of a background plot having characteristics
similar to those of the treatment zone;
(B) The owner or operator must express
background values and values for dangerous constituents in the treatment zone
in a form necessary for the determination of statistically significant
increases under (d)(iii) of this subsection;
(ii) In taking samples used in the
determination of background and treatment zone values, the owner or operator
must take samples at a sufficient number of sampling points and at appropriate
locations and depths to yield samples that represent the chemical makeup of
soil that has not been affected by leakage from the treatment zone and the soil
within the treatment zone, respectively;
(iii) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent in the treatment zone to the background value for that
constituent using a statistical procedure that provides reasonable confidence
that constituent presence in the treatment zone will be identified. The owner
or operator must use a statistical procedure that:
(A) Is appropriate for the distribution of
the data used to establish background values; and
(B) Provides a reasonable balance between the
probability of falsely identifying dangerous constituent presence in the
treatment zone and the probability of failing to identify real presence in the
treatment zone.
(e) The owner or operator is not subject to
regulation under WAC
173-303-645 if the department
finds that the owner or operator satisfies (d) of this subsection, and if
unsaturated zone monitoring under subsection (6) of this section, indicates
that dangerous constituents have not migrated beyond the treatment zone during
the active life of the land treatment unit.
(9) Special requirements for ignitable or
reactive waste. The owner or operator must not apply ignitable or reactive
waste to the treatment zone unless the waste and the treatment zone meet all
applicable requirements of WAC
173-303-140(2)(a),
and:
(a) The waste is immediately incorporated
into the soil so that:
(i) The resulting
waste, mixture, or dissolution of material no longer meets the definition of
ignitable or reactive waste under WAC
173-303-090(5) and
(7); and
(ii) WAC
173-303-395 is complied with;
or
(b) The waste is
managed in such a way that it is protected from any material or conditions
which may cause it to ignite or react.
(10) Special requirements for incompatible
wastes. The owner or operator must not place incompatible wastes, or
incompatible wastes and materials, in or on the same treatment zone, unless WAC
173-303-395(1)(b)
is complied with.
(11) Special requirements for extremely
hazardous waste. Under no circumstances will EHW be allowed to remain in a
closed land treatment unit after concluding the post-closure care period. If
EHW remains at the end of the scheduled post-closure care period specified in
the permit, then the department will either extend the post-closure care
period, or require that all EHW be disposed of off-site or that it be treated.
In deciding whether to extend post-closure care or require disposal or
treatment, the department will take into account the likelihood that the waste
will or will not continue to degrade in the land treatment unit to the extent
that it is no longer EHW. For the purposes of this subsection, EHW will be
considered to remain in a land treatment unit if representative samples of the
treatment zone are designated as EHW. Procedures for representative sampling
and testing will be specified in the permit.
(12) Special requirements for dangerous
wastes F020, F021, F022, F023, F026, and F027.
(a) Dangerous wastes F020, F021, F022, F023,
F026, and F027 must not be placed in a land treatment unit unless the owner or
operator operates the facility in accordance with a management plan for these
wastes that is approved by the department pursuant to the standards set out in
this subsection and in accord with all other applicable requirements of this
chapter. The factors to be considered are:
(i)
The volume, physical, and chemical characteristics of the wastes including
their potential to migrate through soil or to volatilize or escape into the
atmosphere;
(ii) The attenuative
properties of underlying and surrounding soils or other materials;
(iii) The mobilizing properties of other
materials co-disposed with these wastes; and
(iv) The effectiveness of additional
treatment, design, or monitoring techniques.
(b) The department may determine that
additional design, operating, and monitoring requirements are necessary for
land treatment facilities managing dangerous wastes F020, F021, F022, F023,
F026, or F027 in order to reduce the possibility of migration of these wastes
to groundwater, surface water, or air so as to protect human health and the
environment.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-655, filed 6/30/09, effective 7/31/09; 95-22-008 (Order
94-30), § 173-303-655, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-655, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 86-12-057
(Order DE-85-10), § 173-303-655, filed 6/3/86; 84-09-088 (Order DE 83-36),
§ 173-303-655, filed 4/18/84.