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 as provided in
40 C.F.R.
264.1064(k), this section
applies to equipment that contains or contacts hazardous wastes with organic
concentrations of at least 10 percent by weight that are managed 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
(i.e., a "ninety-day" tank or container) and is not a recycling unit under the
provisions of WAC
173-303-120.
(c) For the owner or operator of a facility
subject to the requirements of
40 C.F.R.
264.1052 through
264.1065
and who received a final permit under section 3005 of RCRA prior to December 6,
1996, the requirements of
40 C.F.R.
264.1052 through
264.1065
must be incorporated into the permit when the permit is reissued under WAC
173-303-840(8)
or reviewed under WAC
173-303-806(11).
Until such date when the owner or operator receives a final permit
incorporating the requirements of
40 C.F.R.
264.1052 through
264.1065,
the owner or operator is subject to the requirements of 40 C.F.R. 265, Subpart
BB, which is incorporated by reference at WAC
173-303-400(3)(a).
(d) Each piece of equipment to which this
section applies must be marked in such a manner that it can be distinguished
readily from other pieces of equipment.
(e) Equipment that is in vacuum service is
excluded from the requirements of
40 C.F.R.
264.1052 to
264.1060
if it is identified as required in
40 C.F.R.
264.1064(g)(5).
(f) Equipment that contains or contacts
hazardous waste with an organic concentration of at least ten percent by weight
for less than three hundred hours per calendar year is excluded from the
requirements of 40 C.F.R. Parts 264.1052 through 264.1060 if it is identified,
as required in 40 C.F.R. Part 264.1064 (g)(6).
(g) Purged coatings and solvents from surface
coating operations subject to the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for the surface coating of automobiles and light-duty
trucks at 40 C.F.R. Part 63, Subpart IIII, are not subject to the requirements
of this section.
Note: |
The requirements of 40 C.F.R. Parts 264.1052 through
264.1065 apply to equipment associated with 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. |
(2)
40
C.F.R. 264.1051 through 1065 (Subpart BB) is
incorporated by reference.
Note: |
Where the incorporated language refers to 264.1050, refer
to WAC 173-303-691. 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), § 173-303-691, filed 6/30/09, effective 7/31/09; 03-07-049 (Order
02-03), § 173-303-691, 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), §
173-303-691, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-691, filed 10/19/95, effective
11/19/95.