Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. The
requirements in this section apply to both interim and final status facilities.
In addition to this section, the applicable provisions of WAC
173-303-800,
173-303-805, and
173-303-806 must be followed.
Persons currently authorized with interim status must apply for permits when
required by the department (see requirements at WAC
173-303-806 ).
(2)
Existing dangerous waste management
facilities and interim status qualifications.
(a) Owners and operators of existing
dangerous waste management facilities or of dangerous waste management
facilities in existence on the effective date of statutory or regulatory
amendments under the Hazardous Waste Management Act and RCRA that render the
facility subject to the requirement to have a dangerous waste permit must
submit part A of their permit application no later than:
(i) Six months after the date of publication
of regulations that first require them to comply with the standards set forth
in WAC 173-303-400,
173-303-505,
173-303-520, or
173-303-525, or 40 C.F.R. Part
266 Subpart H; or
(ii) Thirty days
after the date they first become subject to the standards set forth in WAC
173-303-400,
173-303-505,
173-303-520, or
173-303-525, or 40 C.F.R. Part
266 Subpart H 40 C.F.R., whichever first occurs;
(iii) For generators generating greater than
220 pounds but less than 2200 pounds of dangerous waste in a calendar month and
treats, stores, or disposes of these wastes on-site, by March 24,
1987.
(b) The owner or
operator of an existing dangerous waste management facility may be required to
submit part B of their permit application. The department may require
submission of part B if the department has received interim or final
authorization; if not, the EPA Regional Administrator may require submission of
part B. Any owner or operator will be allowed at least six months from the date
of request to submit part B of the application. Any owner or operator of an
existing dangerous waste management facility may voluntarily submit part B of
the application at any time. Notwithstanding the above, any owner or operator
of an existing dangerous waste management facility must submit a part B permit
application in accordance with the dates specified in WAC
173-303-805(8).
Any owner or operator of a land disposal facility in existence on the effective
date of statutory or regulatory amendments under the Hazardous Waste Management
Act or RCRA that render the facility subject to the requirement to have an RCRA
permit must submit a part B application in accordance with the dates specified
in WAC 173-303-805(8).
(c) Failure to furnish a requested part B
application on time, or to furnish in full the information required by the part
B application, is grounds for termination of interim status under WAC
173-303-840.
(3)
Contents of part A of the permit
application. Part A of the final facility permit application must
include the following information:
(a) The
activities conducted by the applicant that require it to obtain a permit under
the Hazardous Waste Management Act;
(b) Name, mailing address, and location,
including latitude and longitude of the facility for which the application is
submitted;
(c) Up to four NAICS
codes that best reflect the principal products or services provided by the
facility;
(d) The operator's name,
address, telephone number, ownership status, and status as federal, state,
private, public, or other entity;
(e) The name, address, and phone number of
the owner of the facility;
(f)
Whether the facility is located on tribal lands;
(g) An indication of whether the facility is
new or existing and whether it is a first or revised application;
(h) For existing facilities:
(i) A scale drawing of the facility showing
the location of all past, present, and future treatment, storage, and disposal
areas; and
(ii) Photographs of the
facility clearly delineating all existing structures, existing treatment,
storage, and disposal areas, and sites of future treatment, storage, and
disposal areas;
(i) A
description of the processes to be used for treating, storing, and disposing of
dangerous waste, and the design capacity of these items;
(j) A specification of the dangerous wastes
listed or designated under WAC
173-303-070 to be treated,
stored, or disposed of at the facility, an estimate of the quantity of those
wastes to be treated, stored, or disposed annually, and a general description
of the processes to be used for the wastes;
(k) A listing of all permits or construction
approvals received or applied for under any of the following programs:
(i) Hazardous waste management
program;
(ii) UIC program under the
SWDA;
(iii) NPDES program under the
CWA;
(iv) Prevention of Significant
Deterioration (PSD) program under the Clean Air Act;
(v) Nonattainment program under the Clean Air
Act;
(vi) National Emission
Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the
Clean Air Act;
(vii) Ocean dumping
permits under the Marine Protection Research and Sanctuaries Act;
(viii) Dredge or fill permits under section
404 of the CWA;
(ix) Other relevant
environmental permits, including state permits;
(l) A topographic map (or other map if a
topographic map is unavailable) extending one mile beyond the property
boundaries of the source, depicting the facility and each of its intake and
discharge structures; each of its dangerous waste treatment, storage, or
disposal facilities; each well where fluids from the facility are injected
underground; and those wells, springs, other surface water bodies, and drinking
water wells listed in public records or otherwise known to the applicant within
1/4 mile of the facility property boundary;
(m) A brief description of the nature of the
business;
(n) For hazardous debris,
a description of the debris category(ies) and contaminant category(ies) to be
treated, stored, or disposed of at the facility.
(4)
New TSD facilities.
(a) Except as provided in
40 C.F.R.
270.10(f)(3) for TSCA
facilities, no person may begin physical construction of a new TSD facility
without having submitted parts A and B of the permit application and having
received a finally effective final facility permit.
(b) An application for a permit for a new TSD
facility (including both parts A and B) may be filed any time after adoption of
those standards in WAC
173-303-630 that apply to such a
facility. The application must be filed with the EPA Regional Administrator if
at the time of application the state in which the new TSD facility is proposed
to be located has not received interim or final authorization for permitting
such facility; otherwise it must be filed with the department. Except as
provided in paragraph 40
C.F.R. 270.10(f)(3), all
applications must be submitted at least one hundred eighty days before physical
construction is expected to begin.
(5)
(a)
Updating permit applications.
(i) If any owner or operator of a dangerous
waste management facility has filed part A of a permit application and has not
yet filed part B, the owner or operator must file an amended part A
application:
(A) With the EPA Regional
Administrator if the department has not obtained interim authorization or final
authorization, within six months after the adoption of revised regulations
under 40 C.F.R. Part 261 listing or identifying additional hazardous wastes, if
the facility is treating, storing, or disposing of any of those newly listed or
identified wastes;
(B) With the
department, if it has obtained interim authorization or final authorization, no
later than the effective date of regulatory provisions listing or designating
wastes as dangerous in addition to those listed or designated under the
previously approved state program, if the facility is treating, storing, or
disposing of any of those newly listed or designated wastes; or
(C) As necessary to comply with provisions of
WAC 173-303-805(7)
for changes during interim status. Revised part A applications necessary to
comply with the provisions of WAC
173-303-805(7)
must be filed with the department.
(b) The owner or operator of a facility who
fails to comply with the updating requirements of (a)(i) of this subsection
does not receive interim status as to the wastes not covered by duly filed part
A applications.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-803, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-803, filed 5/10/00, effective
6/10/00.