Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-306 - Special incinerator ash management standards
Section 173-306-490 - Ash utilization standards
Universal Citation: WA Admin Code 173-306-490
Current through Register Vol. 24-06, March 15, 2024
(1) Applicability.
(a) These standards apply to persons who
utilize special incinerator ash including:
(i) Generators of special incinerator
ash;
(ii) Owners and operators of
disposal facilities; and
(iii)
Persons who neither generate nor dispose of special incinerator ash but are
involved in the reuse or utilization of special incinerator ash.
(b) These standards do not apply
to the following wastes and waste processes:
(i) Ferrous metal separation from
ash;
(ii) Special incinerator ash
that is reinjected into the incinerator or energy-recovery facility from which
it was produced;
(iii) Reclamation
of nonferrous metals.
(2) Standards.
(a) Accumulation before reuse or utilization.
(i) All ash for utilization must be stored in
totally enclosed buildings.
(ii)
Floor or surface drains serving storage areas may not be connected to
uncontaminated storm water run-off drains. Contaminated water must be processed
according to WAC
173-306-200(3)(c)(ii).
(iii) All ash not utilized within one
calendar year of generation is subject to:
(A)
The management plan requirements of WAC
173-306-200 if a generator is
accumulating the ash; or
(B) The
permitting and facility standard requirements of WAC
173-306-300 and
173-306-400, if a disposal
facility is accumulating the ash.
(b) Use constituting disposal. Use
constituting disposal is applying ash to the land or placing ash on the land in
a manner constituting disposal, or applying ash contained in a product to the
land or placing ash products on the land in a manner constituting disposal.
Placement on the land includes placement in water (such as in reef
construction).
(i) Persons wishing to reuse
or utilize ash in a manner constituting disposal shall apply for a permit under
WAC 173-306-310.
(ii) Persons reusing or utilizing ash in a
manner constituting disposal are subject to the following sections of the
general facility standards:
(A) WAC
173-306-405(2);
(B) WAC
173-306-405(3)(b);
(C) WAC
173-306-405(5)(a), (b), (c), and
(f); and
(D) WAC
173-306-405(7).
(iii) The department will base its
decision on whether to issue a permit upon the following factors:
(A) The effectiveness of the utilized ash or
ash product for the claimed use;
(B) The degree to which the utilized ash is
like an analogous product;
(C) The
extent to which the utilized ash or ash product minimizes loss or escapes to
the environment;
(D) The extent to
which the utilized ash or ash product impacts public health, the environment,
and employee health given a reasonable worst case exposure, risk assessment
analyses and compliance with the performance standards of WAC
173-306-440(2);
(E) The extent to which an end market for the
utilized ash and ash product is guaranteed;
(F) The time period between generating the
ash and utilization;
(G) The degree
to which the end uses (and users) can be tracked and recorded; and
(H) Other factors as appropriate.
(iv) The department may require
that applicants apply for a demonstration permit or class use permit under WAC
173-306-320, if available
information exists to satisfy the informational requirements of (b)(ii) and
(iii) of this subsection.
(c) Utilization as ingredients in industrial
products, or as effective substitutes. The utilization of ash in industrial
products or as effective substitutes for commercial products are activities
that ordinarily are not considered to be waste management because they are like
normal production processes and/or the products are used like commercial
products. (E.g., ash as a substitute in cement construction blocks is an
example.)
(i) The department may grant
requests for classifying that type of reuse or utilization for solely
commercial purposes, if:
(A) The applicant
shows that the ash or ash products are recycled in a manner so that they
closely resemble products or raw materials rather than waste; and
(B) The applicant addresses the factors of
(b)(iii) of this subsection (except for (2)(b)(iii)(G)).
(ii) Public review of the decision to grant
or deny such a request must be conducted according to WAC
173-306-900(4), (5), and
(6).
Statutory Authority: Chapter 70.138 RCW. 00-19-018 (Order 00-17), § 173-306-490, filed 9/8/00, effective 10/9/00; 90-10-047, § 173-306-490, filed 4/30/90, effective 5/31/90.
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