Current through Register Vol. 24-06, March 15, 2024
(1)
Requirements for recording and reporting of monitoring results.
All permits must specify:
(a) Requirements concerning the proper use,
maintenance, and installation, when appropriate, of monitoring equipment or
methods (including biological monitoring methods when appropriate);
(b) Required monitoring including type,
intervals, and frequency sufficient to yield data which are representative of
the monitored activity including, when appropriate, continuous
monitoring;
(c) Applicable
reporting requirements based upon the impact of the regulated activity and as
specified in this chapter. Reporting must be no less frequent than specified in
this chapter.
(2)
Establishing permit conditions.
(a) In addition to conditions required in all
permits (WAC
173-303-810(1) through
(14) ), the director will establish
conditions, as required on a case-by-case basis, in permits under WAC
173-303-806(11)
(duration of permits), WAC
173-303-815(3)
(Schedules of compliance), and WAC
173-303-815(1)
(monitoring).
(b)
(i) Each permit must include permit
conditions necessary to achieve compliance with the Hazardous Waste Management
Act chapter 70.105
RCW, this chapter and RCRA Subtitle C. In satisfying this provision, the
director may incorporate applicable requirements of this chapter directly into
the permit or establish other permit conditions that are based on this
chapter.
(ii) Each permit issued
under this chapter must contain terms and conditions as the director determines
necessary to protect human health and the environment.
(iii) If, as the result of an assessment(s)
or other information, the department or director determines that conditions are
necessary in addition to those required under 40 C.F.R. parts 63, subpart EEE,
WAC 173-303-280 through
173-303-395, WAC
173-303-505,
173-303-510,
173-303-520,
173-303-525,
173-303-578, and
173-303-600 through
173-303-695 to ensure protection
of human health and the environment, he or she must include those terms and
conditions in a dangerous waste permit for a dangerous waste combustion
unit.
(c) For a
state-issued permit, an applicable requirement is a state statutory or
regulatory requirement that takes effect prior to final administrative
disposition of a permit. (Note: For a permit issued by EPA, an applicable
requirement is a statutory or regulatory requirement (including any interim
final regulation) which takes effect prior to the issuance of the permit
(except as provided in 40 C.F.R. Section 124.86(c) for RCRA permits being
processed under Subpart E or F of part 124). 40 C.F.R. Section 124.14
(reopening of comment period) provides a means for reopening EPA permit
proceedings at the discretion of the director where new requirements become
effective during the permitting process and are of sufficient magnitude to make
additional proceedings desirable). For state and EPA administered programs, an
applicable requirement is also any requirement that takes effect prior to the
modification or revocation and reissuance of a permit, to the extent allowed in
WAC 173-303-830(3).
(d) New or reissued permits, and to the
extent allowed under WAC
173-303-830(3),
modified or revoked and reissued permits, must incorporate each of the
applicable requirements referenced in this subsection and in subsection (1) of
this section.
(e) Incorporation.
All permit conditions must be incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the applicable regulations or
requirements must be given in the permit.
(3)
Schedules of compliance.
(a) The permit may, when appropriate, specify
a schedule of compliance leading to compliance with this chapter.
(i) Time for compliance. Any schedules of
compliance under this section require compliance as soon as possible.
(ii) Interim dates. Except as provided in
(b)(i)(B) of this subsection, if a permit establishes a schedule of compliance
which exceeds one year from the date of permit issuance, the schedule must set
forth interim requirements and the dates for their achievement.
(A) The time between interim dates must not
exceed one year.
(B) If the time
necessary for completion of any interim requirement is more than one year and
is not readily divisible into stages for completion, the permit must specify
interim dates for the submission of reports of progress toward completion of
the interim requirements and indicate a projected completion date.
(iii) Reporting. The permit must
be written to require that no later than fourteen days following each interim
date and the final date of compliance, the permittee must notify the director
in writing, of its compliance or noncompliance with the interim or final
requirements.
(b)
Alternative schedules of compliance. A dangerous waste permit applicant or
permittee may cease conducting regulated activities (by receiving a terminal
volume of hazardous waste and, for treatment and storage dangerous waste
management facilities, closing pursuant to applicable requirements; and, for
disposal dangerous waste management facilities, closing and conducting
post-closure care pursuant to applicable requirements) rather than continue to
operate and meet permit requirements as follows:
(i) If the permittee decides to cease
conducting regulated activities at a given time within the term of a permit
which has already been issued:
(A) The permit
may be modified to contain a new or additional schedule leading to timely
cessation of activities; or
(B) The
permittee must cease conducting permitted activities before noncompliance with
any interim or final compliance schedule requirement already specified in the
permit.
(ii) If the
decision to cease conducting regulated activities is made before issuance of a
permit whose term will include the termination date, the permit will contain a
schedule leading to termination which will ensure timely compliance with
applicable requirements.
(iii) If
the permittee is undecided whether to cease conducting regulated activities,
the director may issue or modify a permit to contain two schedules as follows:
(A) Both schedules will contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities;
(B) One schedule will lead to timely
compliance with applicable requirements;
(C) The second schedule will lead to
cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements;
(D)
Each permit containing two schedules will include a requirement that after the
permittee has made a final decision under (b)(iii)(A) of this subsection it
must follow the schedule leading to compliance if the decision is to continue
conducting regulated activities, and follow the schedule leading to termination
if the decision is to cease conducting regulated activities.
(iv) The applicant's or
permittee's decision to cease conducting regulated activities must be evidenced
by a firm public commitment satisfactory to the director, such as resolution of
the board of directors of a corporation.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-815, filed 6/30/09, effective 7/31/09; 98-03-018 (Order
97-03), § 173-303-815, filed 1/12/98, effective 2/12/98. Statutory
Authority:
Chapter
70.105 RCW. 84-09-088
(Order DE 83-36), § 173-303-815, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-815, filed 2/10/82.