Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) The
requirements of 40 C.F.R. Part 264 Subpart CC apply to owners and operators of
all facilities that treat, store, or dispose of hazardous waste in tanks,
surface impoundments, or containers subject to either WAC
173-303-630,
173-303-640, or
173-303-650 except as WAC
173-303-600 and (b) of this
subsection provide otherwise.
(b)
The requirements of 40 C.F.R. Part 264 Subpart CC do not apply to the following
waste management units at the facility:
(i) A
waste management unit that holds hazardous waste placed in the unit before
December 6, 1996, and in which no hazardous waste is added to the unit on or
after December 6, 1996.
(ii) A
container that has a design capacity less than or equal to 0.1
m3.
(iii) A tank in which an owner or operator
has stopped adding hazardous waste and the owner or operator has begun
implementing or completed closure pursuant to an approved closure
plan.
(iv) A surface impoundment in
which an owner or operator has stopped adding hazardous waste (except to
implement an approved closure plan) and the owner or operator has begun
implementing or completed closure pursuant to an approved closure
plan.
(v) A waste management unit
that is used solely for on-site treatment or storage of hazardous waste that is
placed in the unit as a result of implementing remedial activities required
under the corrective action authorities of WAC
173-303-646, or RCRA section
3008(h), or CERCLA authorities.
(vi) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Atomic Energy Act and the
Nuclear Waste Policy Act.
(vii) A
hazardous waste management unit that the owner or operator certifies is
equipped with and operating air emission controls in accordance with the
requirements of an applicable Clean Air Act regulation codified under 40 C.F.R.
Parts 60, 61, or 63. For the purpose of complying with this paragraph, a tank
for which the air emission control includes an enclosure, as opposed to a
cover, must be in compliance with the enclosure and control device requirements
of 40 C.F.R. Part 264.1084(i), except as provided in 40 C.F.R. Part 264.1082
(c)(5).
(viii) A tank that has a
process vent as defined in 40 C.F.R. Part 264.1031.
(c) For the owner and operator of a facility
subject to this section who received a final permit under the Hazardous Waste
Management Act prior to December 6, 1996, the requirements of 40 C.F.R. Part
264 Subpart CC will 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)(d).
Until such date 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)(d),
the owner and operator are subject to the requirements of 40 C.F.R. Part 265
Subpart CC, which is incorporated by reference at WAC
173-303-400(3)(a).
(d) The requirements of 40 C.F.R. Part 264
Subpart CC, except for the recordkeeping requirements specified in 40 C.F.R.
Part 264.1089(i), are administratively stayed for a tank or a container used
for the management of hazardous waste generated by organic peroxide
manufacturing and its associated laboratory operations when the owner or
operator of the unit meets all of the following conditions:
(i) The owner or operator identifies that the
tank or container receives hazardous waste generated by an organic peroxide
manufacturing process producing more than one functional family of organic
peroxides or multiple organic peroxides within one functional family, that one
or more of these organic peroxides could potentially undergo self-accelerating
thermal decomposition at or below ambient temperatures, and that organic
peroxides are the predominant products manufactured by the process. For the
purpose of meeting the conditions of this paragraph, "organic peroxide" means
an organic compound that contains the bivalent --O--O--structure and which may
be considered to be a structural derivative of hydrogen peroxide where one or
both of the hydrogen atoms has been replaced by an organic radical.
(ii) The owner or operator prepares
documentation, in accordance with the requirements of 40 C.F.R. Part
264.1089(i) explaining why an undue safety hazard would be created if air
emission controls specified in 40 C.F.R. Parts 264.1084 through 264.1087 are
installed and operated on the tanks and containers used at the facility to
manage the hazardous waste generated by the organic peroxide manufacturing
process or processes meeting the conditions of (d)(i) of this
subsection.
(iii) The owner or
operator notifies the department in writing that hazardous waste generated by
an organic peroxide manufacturing process or processes meeting the conditions
of (d)(i) of this subsection are managed at the facility in tanks or containers
meeting the conditions of (d)(ii) of this subsection. The notification must
state the name and address of the facility, and must be signed and dated by an
authorized representative of the facility owner or operator.
(2)
40 C.F.R.
Parts 264.1081 through 264.1091 (Subpart CC) is incorporated by
reference.
Note:
|
Where the incorporated language refers to 264.1080,
refer to WAC
173-303-692. Where the
incorporated language refers to Part 270, refer to WAC
173-303-800 through
173-303-840.
|
(3)
References within 40 C.F.R. Part 264 Subpart CC to the following parts
are incorporated by reference: 40 C.F.R. Parts 60, 61, and 63. This
includes Method 25E - Determination of Vapor Phase Organic Concentration in
Waste Samples at 40 C.F.R. Part 60 Appendix A.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-692, filed 6/30/09, effective 7/31/09; 03-07-049 (Order
02-03), § 173-303-692, 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), §
173-303-692, filed 5/10/00, effective
6/10/00.