Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(a) The regulations in this section apply to
owners and operators of facilities that treat, store, or dispose of hazardous
wastes.
(b) Except for
40 C.F.R. 264.1034(d)
and (e), this section applies to process
vents associated with distillation, fractionation, thin-film evaporation,
solvent extraction, or air or steam stripping operations that manage hazardous
wastes with organic concentrations of at least 10 ppmw, if these operations are
conducted in one of the following:
(i) A unit
that is subject to the permitting requirements of WAC
173-303-800
through
173-303-840;
or
(ii) A unit (including a
hazardous waste recycling unit) that is not exempt from permitting under the
provisions of WAC
173-303-200
(i.e., a hazardous waste recycling unit that is not a ninety-day tank or
container) and that is located at a hazardous waste management facility
otherwise subject to the permitting requirements of WAC
173-303-800
through
173-303-840;
or
(iii) A unit that is exempt from
permitting under the provisions of WAC
173-303-200
(that is, a "ninety-day" tank or container) and is not a recycling unit under
the provisions of WAC
173-303-120.
(c) For the owner and operator of a facility
subject to this section and who received a final hazardous waste permit prior
to December 6, 1996, the requirements of this section must be incorporated into
the permit when the permit is reissued in accordance with the requirements of
WAC
173-303-840(8)
or reviewed in accordance with the requirements of WAC
173-303-806(11).
Until such date when the owner and operator receive a final permit
incorporating the requirements of this section, the owner and operator are
subject to the requirements of 40 C.F.R. 265 Subpart AA.
Note: |
The requirements of 40 C.F.R. Parts 264.1032 through
264.1036 apply to process vents on hazardous waste recycling units previously
exempt under WAC
173-303-120(4)(d).
Other exemptions under WAC
173-303-071
and
173-303-600(2)
are not affected by these requirements. |
(d) The
requirements of this section do not apply to the process vents at a facility
where the facility owner or operator certifies that all of the process vents
that would otherwise be subject to this section are equipped with and operating
air emission controls in accordance with the process vent requirements of an
applicable Clean Air Act regulation codified under 40 C.F.R. Part 60, Part 61,
or Part 63. The documentation of compliance under regulations at 40 C.F.R. Part
60, Part 61, or Part 63 must be kept with, or made readily available with, the
facility operating record.
(2)
40
C.F.R. 264.1031 through 1036 (Subpart AA) is
incorporated by reference.
Note: |
Where the incorporated language refers to 264.1030, refer
to subsection (1) of this section. Where the incorporated language refers to
Part 270, refer to WAC
173-303-800
through
173-303-840.
|
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-690, filed 6/30/09, effective 7/31/09; 03-07-049 (Order
02-03), § 173-303-690, 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), §
173-303-690, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-690, filed 10/19/95, effective
11/19/95.