i 

 CHAPTER 173-303 WAC 

DANGEROUS WASTE REGULATIONS 

 June 2009 Edition 

INTRODUCTORY REGULATIONS 

Section 

-010 Purpose ............................................................................................................................. 2

-016 Identifying solid waste ....................................................................................................... 2 

-017 Recycling processes involving solid waste ....................................................................... 4 

-020 Applicability ....................................................................................................................... 6 

-030 Abbreviations .................................................................................................................... 6 

-040 Definitions ......................................................................................................................... 6 

-045 References to EPA’s hazardous waste and permit regulations ...................................... 17 

-050 Department of Ecology cleanup authority ....................................................................... 18 

-060 Notification and identification numbers ........................................................................... 18 

DANGEROUS WASTE DESIGNATION 

Section 

-070 Designation of dangerous waste ..................................................................................... 18 

-071 Excluded categories of waste ......................................................................................... 21 

-072 Procedures and bases for exempting and excluding wastes .......................................... 31 

-073 Conditional exclusion of special wastes .......................................................................... 32 

-075 Certification of designation .............................................................................................. 32 

-077 Requirements for universal waste ................................................................................... 33 

-080 Dangerous waste lists ..................................................................................................... 34 

-081 Discarded chemical products .......................................................................................... 34 

-082 Dangerous waste sources .............................................................................................. 35 

-083 Deletion of certain dangerous waste codes following equipment cleaning 

and replacement ............................................................................................................. 35 

-090 Dangerous waste characteristics .................................................................................... 36 

-100 Dangerous waste criteria ................................................................................................ 38 

-104 State-specific dangerous waste numbers ....................................................................... 40 

-110 Sampling, testing methods, and analytes ....................................................................... 41 

GENERAL RECYCLING REQUIREMENTS 

Section 

-120 Recycled, reclaimed, and recovered wastes .................................................................. 42 

PROHIBITIONS AND RESTRICTIONS 

Section 

-140 Land disposal restrictions ............................................................................................... 44 

-141 Treatment, storage, or disposal of dangerous waste ...................................................... 47 
ii 

SPILLS AND DIVISION DILUTION 

Section 

-145 Spills and discharges into the environment .................................................................... 48 

-150 Division, dilution, and accumulation ................................................................................ 48 

CONTAINERS 

Section 

-160 Containers ....................................................................................................................... 49 

-161 Overpacked containers (labpacks) ................................................................................. 49 

GENERATOR REQUIREMENTS 

Section 

-170 Requirements for generators of dangerous waste .......................................................... 50 

-180 Manifest .......................................................................................................................... 50 

-190 Preparing dangerous waste for transport ........................................................................ 52 

-200 Accumulating dangerous waste on-site .......................................................................... 52 

-201 Special accumulation standards ..................................................................................... 55 

-202 Special requirements for generators of between two hundred twenty and two 

thousand two hundred pounds per month that accumulate waste in tanks .................... 55 

-210 Generator recordkeeping ................................................................................................ 56 

-220 Generator reporting ......................................................................................................... 57 

-230 Special conditions ........................................................................................................... 57 

TRANSPORTER REQUIREMENTS 

Section 

-240 Requirements for transporters of dangerous waste ........................................................ 58 

-250 Dangerous waste acceptance, transport, and delivery ................................................... 59 

-260 Transporter recordkeeping .............................................................................................. 60 

-270 Discharges during transport ............................................................................................ 61 

GENERAL TREATMENT, STORAGE, AND DISPOSAL FACILITY (TSDF) REQUIREMENTS 

Section 

-280 General requirements for dangerous waste management facilities ................................ 61 

-281 Notice of intent ................................................................................................................ 62 

-282 Siting criteria ................................................................................................................... 64 

-283 Performance standards ................................................................................................... 69 

-290 Required notices ............................................................................................................. 69 

-300 General waste analysis ................................................................................................... 69 

-310 Security ........................................................................................................................... 71 

-320 General inspection .......................................................................................................... 71 

-330 Personnel training ........................................................................................................... 72 

-335 Construction quality assurance program ........................................................................ 72 

-340 Preparedness and prevention ......................................................................................... 73 
iii 

-350 Contingency plan and emergency procedures ............................................................... 74 

-355 Superfund Amendments and Reauthorization Act Title III coordination ......................... 74 

-360 Emergencies ................................................................................................................... 74 

-370 Manifest system .............................................................................................................. 75 

-380 Facility recordkeeping ..................................................................................................... 77 

-390 Facility reporting .............................................................................................................. 80 

-395 Other general requirements ............................................................................................ 81

INTERIM STATUS TSDF STANDARDS 

Section 

-400 Interim status facility standards ....................................................................................... 83 

SPECIFIC RECYCLING REQUIREMENTS 

Section 

-500 Recycling requirements for state-only dangerous waste ................................................ 87 

-505 Special requirements for recyclable materials used in a manner constituting disposal .. 88 

-506 Special requirements for the recycling of spent CFC or HCFC refrigerants ................... 89 

-510 Special requirements for dangerous wastes burned for energy recovery ....................... 89 

-515 Standards for the management of used oil ..................................................................... 92 

-520 Special requirements for reclaiming spent lead acid battery wastes .............................. 94 

-522 Special requirements for recycling spent antifreeze ....................................................... 94 

-525 Special requirements for recyclable material utilized for precious metal recovery ......... 94 

UNIVERSAL WASTE 

Section 

-573 Standards for universal waste management ................................................................... 96 

MILITARY MUNITIONS 

Section 

-578 Military munitions (See -693) ....................................................................................... 104

FINAL STATUS TSDF REQUIREMENTS 

Section 

-600 Final facility standards .................................................................................................. 106 

-610 Closure and postclosure ............................................................................................... 107 

-620 Financial requirements .................................................................................................. 114 

-630 Use and management of containers ............................................................................. 118 

-640 Tank systems ................................................................................................................ 119 

-645 Releases from regulated units ...................................................................................... 126 

-646 Corrective action ........................................................................................................... 134 

-64610 Purpose and applicability .............................................................................................. 134 

-64620 Requirements ................................................................................................................ 134 
iv 

-64630 Use of the Model Toxics Control Act ............................................................................. 135 

-64640 Grandfathered corrective action management units (CAMUs) ..................................... 135 

-64650 Corrective action management unit (CAMU) ................................................................ 136 

-64660 Designation of a corrective action management unit .................................................... 137 

-64670 Incorporation of a regulated unit within a CAMU .......................................................... 140 

-64680 Temporary units (TUs) .................................................................................................. 140 

-64690 Staging piles ................................................................................................................. 141 

-646910 Disposal of CAMU-eligible wastes into permitted hazardous waste landfills ................ 141 

-646920 Disposal of CAMU-eligible wastes into permitted hazardous waste landfills 

located outside Washington .......................................................................................... 142 

-650 Surface impoundments ................................................................................................. 142

-655 Land treatment .............................................................................................................. 146 

-660 Waste piles ................................................................................................................... 151 

-665 Landfills ......................................................................................................................... 154 

-670 Incinerators ................................................................................................................... 158 

-675 Drip pads ....................................................................................................................... 161 

-680 Miscellaneous units ....................................................................................................... 164 

-690 Air emission standards for process vents ..................................................................... 165 

-691 Air emission standards for equipment leaks ................................................................. 165 

-692 Air emission standards for tanks, surface impoundments, and containers ................... 166 

-693 Dangerous waste munitions and explosives storage .................................................... 167 

-695 Containment buildings .................................................................................................. 168 

EXTREMELY HAZARDOUS WASTE TSDF REQUIREMENTS AT HANFORD 

Section 

-700 Requirements for the Washington State extremely hazardous waste management 

facility at Hanford .......................................................................................................... 168 

PERMITS 

Section 

-800 Permit requirements for dangerous waste management facilities ................................ 169 

-801 Types of dangerous waste management facility permits .............................................. 170 

-802 Permits by rule .............................................................................................................. 170 

-803 Permit application requirements ................................................................................... 172 

-804 Emergency permits ....................................................................................................... 173 

-805 Interim status permits .................................................................................................... 173 

-806 Final facility permits ...................................................................................................... 176 

-807 Trial burns for dangerous waste incinerator final facility permits .................................. 189 

-808 Demonstrations for dangerous waste land treatment final facility permits .................... 192 

-809 Research, development, and demonstration permits ................................................... 193 

-810 General permit conditions ............................................................................................. 193 

-811 Permits for boilers and industrial furnaces burning hazardous waste ........................... 196 

-815 Facility-specific permit conditions ................................................................................. 196 

-830 Permit changes ............................................................................................................. 197 

-840 Procedures for decision making .................................................................................... 208 
v 

-841 Integration with maximum achievable control technology (MACT) standards .............. 211 

APPEAL OF DECISION 

Section 

-845 Appeal of decision ......................................................................................................... 211 

PUBLIC INVOLVEMENT 

Section 

-900 Public involvement and participation ............................................................................. 211 

-902 Citizen/proponent negotiations ..................................................................................... 211 

-905 Response to requests for public records ...................................................................... 215 

-910 Petitions ........................................................................................................................ 215 

VIOLATIONS AND SPECIAL POWERS 

Section 

-950 Violations and enforcement .......................................................................................... 218 

-960 Special powers and authorities of the department ........................................................ 219 

LISTED WASTES 

Section 

-9903 Discarded chemical products list .................................................................................. 219 

-9904 Dangerous waste sources list ....................................................................................... 231 

-9905 Dangerous waste constituents list ................................................................................ 240 

 

APPENDICES 

Section 

-9906 Special waste bill of lading ............................................................................................ 247 

 Chapter 70.105 RCW Hazardous Waste Management Act .......................................... 249 
(6/30/09) [Ch. 173-303 WACóp. 1]

Chapter 173-303 Chapter 173-303 WAC

DANGEROUS WASTE REGULATIONS

WAC 

173-303-010 Purpose.

173-303-016 Identifying solid waste.

173-303-017 Recycling processes involving solid waste.

173-303-020 Applicability.

173-303-030 Abbreviations.

173-303-040 Definitions.

173-303-045 References to EPA's hazardous waste and permit regulations.

173-303-050 Department of ecology cleanup authority.

173-303-060 Notification and identification numbers.

173-303-070 Designation of dangerous waste.

173-303-071 Excluded categories of waste.

173-303-072 Procedures and bases for exempting and excluding 

wastes.

173-303-073 Conditional exclusion of special wastes.

173-303-075 Certification of designation.

173-303-077 Requirements for universal waste.

173-303-080 Dangerous waste lists.

173-303-081 Discarded chemical products.

173-303-082 Dangerous waste sources.

173-303-083 Deletion of certain dangerous waste codes following 

equipment cleaning and replacement.

173-303-084 Reserved.

173-303-090 Dangerous waste characteristics.

173-303-100 Dangerous waste criteria.

173-303-101 Reserved.

173-303-102 Reserved.

173-303-103 Reserved.

173-303-104 State-specific dangerous waste numbers.

173-303-110 Sampling, testing methods, and analytes.

173-303-120 Recycled, reclaimed, and recovered wastes.

173-303-121 Reserved.

173-303-130 Containment and control of infectious wastes.

173-303-140 Land disposal restrictions.

173-303-141 Treatment, storage, or disposal of dangerous waste.

173-303-145 Spills and discharges into the environment.

173-303-150 Division, dilution, and accumulation.

173-303-160 Containers.

173-303-161 Overpacked containers (labpacks).

173-303-170 Requirements for generators of dangerous waste.

173-303-180 Manifest.

173-303-190 Preparing dangerous waste for transport.

173-303-200 Accumulating dangerous waste on-site.

173-303-201 Special accumulation standards.

173-303-202 Special requirements for generators of between two 

hundred twenty and two thousand two hundred 

pounds per month that accumulate dangerous waste 

in tanks.

173-303-210 Generator recordkeeping.

173-303-220 Generator reporting.

173-303-230 Special conditions.

173-303-240 Requirements for transporters of dangerous waste.

173-303-250 Dangerous waste acceptance, transport, and delivery.

173-303-260 Transporter recordkeeping.

173-303-270 Discharges during transport.

173-303-280 General requirements for dangerous waste management 

facilities.

173-303-281 Notice of intent.

173-303-282 Siting criteria.

173-303-283 Performance standards.

173-303-290 Required notices.

173-303-300 General waste analysis.

173-303-310 Security.

173-303-320 General inspection.

173-303-330 Personnel training.

173-303-335 Construction quality assurance program.

173-303-340 Preparedness and prevention.

173-303-350 Contingency plan and emergency procedures.

173-303-355 Superfund Amendments and Reauthorization Act Title 

III coordination.

173-303-360 Emergencies.

173-303-370 Manifest system.

173-303-380 Facility recordkeeping.

173-303-390 Facility reporting.

173-303-395 Other general requirements.

173-303-400 Interim status facility standards.

173-303-430 Reserved.

173-303-440 Reserved.

173-303-500 Recycling requirements for state-only dangerous waste.

173-303-505 Special requirements for recyclable materials used in a 

manner constituting disposal.

173-303-506 Special requirements for the recycling of spent CFC or 

HCFC refrigerants.

173-303-510 Special requirements for dangerous wastes burned for 

energy recovery.

173-303-515 Standards for the management of used oil.

173-303-520 Special requirements for reclaiming spent lead acid battery wastes.

173-303-522 Special requirements for recycling spent antifreeze.

173-303-525 Special requirements for recyclable material utilized for 

precious metal recovery.

173-303-550 Reserved.

173-303-560 Reserved.

173-303-573 Standards for universal waste management.

173-303-575 Reserved.

173-303-578 Military munitions.

173-303-600 Final facility standards.

173-303-610 Closure and post-closure.

173-303-620 Financial requirements.

173-303-630 Use and management of containers.

173-303-640 Tank systems.

173-303-645 Releases from regulated units.

173-303-646 Corrective action.

173-303-64610 Purpose and applicability.

173-303-64620 Requirements.

173-303-64630 Use of the Model Toxics Control Act.

173-303-64640 Grandfathered corrective action management units 

(CAMUs).

173-303-64650 Corrective action management unit (CAMU).

173-303-64660 Designation of a corrective action management unit.

173-303-64670 Incorporation of a regulated unit within a CAMU.

173-303-64680 Temporary units (TUs).

173-303-64690 Staging piles.

173-303-646910 Disposal of CAMU-eligible wastes into permitted dangerous waste landfills.

173-303-646920 Disposal of CAMU-eligible wastes into permitted hazardous waste landfills located outside Washington.

173-303-650 Surface impoundments.

173-303-655 Land treatment.

173-303-660 Waste piles.

173-303-665 Landfills.

173-303-670 Incinerators.

173-303-675 Drip pads.

173-303-680 Miscellaneous units.

173-303-690 Air emission standards for process vents.

173-303-691 Air emission standards for equipment leaks.

173-303-692 Air emission standards for tanks, surface impoundments, and containers.

173-303-693 Dangerous waste munitions and explosives storage.

173-303-695 Containment buildings.

173-303-700 Requirements for the Washington state extremely hazardous waste management facility at Hanford.

173-303-800 Permit requirements for dangerous waste management 

facilities.

173-303-801 Types of dangerous waste management facility permits.

173-303-802 Permits by rule.

173-303-803 Permit application requirements.

173-303-804 Emergency permits.

173-303-805 Interim status permits.

173-303-806 Final facility permits.

173-303-807 Trial burns for dangerous waste incinerator final facility 

permits.

173-303-808 Demonstrations for dangerous waste land treatment 

final facility permits.

173-303-809 Research, development and demonstration permits.

173-303-810 General permit conditions.
173-303-010 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 2] (6/30/09)

173-303-811 Permits for boilers and industrial furnaces burning hazardous waste.

173-303-815 Facility-specific permit conditions.

173-303-820 Reserved.

173-303-825 Reserved.

173-303-830 Permit changes.

173-303-840 Procedures for decision making.

173-303-841 Integration with maximum achievable control technology (MACT) standards.

173-303-845 Appeal of decision.

173-303-900 Public involvement and participation.

173-303-902 Citizen/proponent negotiations.

173-303-905 Response to requests for public records.

173-303-910 Petitions.

173-303-950 Violations and enforcement.

173-303-960 Special powers and authorities of the department.

173-303-9901 Reserved.

173-303-9902 Reserved.

173-303-9903 Discarded chemical products list.

173-303-9904 Dangerous waste sources list.

173-303-9905 Dangerous waste constituents list.

173-303-9906 Special waste bill of lading.

173-303-9907 Reserved.

DISPOSITION OF SECTIONS FORMERLY

CODIFIED IN THIS CHAPTER

173-303-275 Transfer facilities (or collection facilities). [Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-275, filed

2/10/82.] Repealed by 84-14-031 (Order DE 84-22),

filed 6/27/84. Statutory Authority: Chapter 70.105

RCW.

173-303-284 Notice of intent. [Statutory Authority: Chapter 70.105

RCW. 88-07-039 (Order 87-37), ß 173-303-284, filed

3/11/88.] Repealed by 88-18-083 (Order 88-29), filed

9/6/88. Statutory Authority: Chapter 70.105 RCW.

173-303-285 Location standards. [Statutory Authority: Chapter

70.105 RCW. 88-07-039 (Order 87-37), ß 173-303-285,

filed 3/11/88.] Repealed by 88-18-083 (Order 88-29),

filed 9/6/88. Statutory Authority: Chapter 70.105

RCW.

173-303-286 Performance standards. [Statutory Authority: Chapter

70.105 RCW. 88-07-039 (Order 87-37), ß 173-303-286,

filed 3/11/88.] Repealed by 88-18-083 (Order 88-29),

filed 9/6/88. Statutory Authority: Chapter 70.105

RCW.

173-303-420 Siting standards. [Statutory Authority: Chapter 70.105

RCW. 88-18-083 (Order 88-29), ß 173-303-420, filed

9/6/88; 88-07-039 (Order 87-37), ß 173-303-420, filed

3/11/88; 87-14-029 (Order DE-87-4), ß 173-303-420,

filed 6/26/87. Statutory Authority: RCW 70.105.200

through 70.105.270. 87-03-014 (Order 86-37), ß 173-

303-420, filed 1/13/87. Statutory Authority: Chapter

70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

420, filed 4/18/84.] Repealed by 90-20-016, filed

9/21/90, effective 10/22/90. Statutory Authority: RCW

43.21A.080 and 70.105.210, et seq.

173-303-901 Response to requests for public records. [Statutory

Authority: Chapter 70.105 RCW. 88-07-039 (Order 87-

37), ß 173-303-901, filed 3/11/88.] Repealed by 88-18-

083 (Order 88-29), filed 9/6/88. Statutory Authority:

Chapter 70.105 RCW.

173-303-010 WAC 173-303-010 Purpose. This regulation implements chapter 70.105 RCW, the Hazardous Waste Management Act of 1976 as amended, and implements, in part, chapters 70.105A, 70.105D, and 15.54 RCW, and Subtitle C of

Public Law 94-580, the Resource Conservation and Recovery Act, which the legislature has empowered the department

to implement. The purposes of this regulation are to:

(1) Designate those solid wastes which are dangerous or

extremely hazardous to the public health and environment;

Note: The terms public health and human health are used in this

chapter interchangeably.

(2) Provide for surveillance and monitoring of dangerous

and extremely hazardous wastes until they are detoxified,

reclaimed, neutralized, or disposed of safely;

(3) Provide the form and rules necessary to establish a

system for manifesting, tracking, reporting, monitoring,

recordkeeping, sampling, and labeling dangerous and

extremely hazardous wastes;

(4) Establish the siting, design, operation, closure, postclosure, financial, and monitoring requirements for dangerous and extremely hazardous waste transfer, treatment, storage, and disposal facilities;

(5) Establish design, operation, and monitoring requirements for managing the state's extremely hazardous waste

disposal facility;

(6) Establish and administer a program for permitting

dangerous and extremely hazardous waste management facilities; and

(7) Encourage recycling, reuse, reclamation, and recovery to the maximum extent possible.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-010, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-010, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE85-10), ß 173-303-010, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-

303-010, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-010, filed

2/10/82. Formerly WAC 173-302-010.]

173-303-016 WAC 173-303-016 Identifying solid waste. (1) Purpose and applicability.

(a) The purpose of this section is to identify those materials that are and are not solid wastes.

(b)(i) The definition of solid waste contained in this section applies only to wastes that also are dangerous for purposes of the regulations implementing chapter 70.105 RCW.

For example, it does not apply to materials (such as nondangerous scrap, paper, textiles, or rubber) that are not otherwise

dangerous wastes and that are recycled.

(ii) This section identifies only some of the materials

which are solid wastes and dangerous wastes under chapter

70.105 RCW. A material which is not defined as a solid

waste in this section, or is not a dangerous waste identified or

listed in this section, is still a solid waste and a dangerous

waste for purposes of these sections if reason and authority

exists under chapter 70.105 RCW and WAC 173-303-960.

Within the constraints of chapter 70.105 RCW, this includes

but is not limited to any material that: Is accumulated, used,

reused, or handled in a manner that poses a threat to public

health or the environment; or, due to the dangerous constituent(s) in it, when used or reused would pose a threat to public

health or the environment.

(c) Certain materials are solid wastes but are excluded

from the requirements of this chapter by WAC 173-303-071

and 173-303-073.

(2) The following terms are used and have the meanings

as defined in WAC 173-303-040:

(a) Boiler

(b) By-product

(c) Incinerator

(d) Industrial furnace

(e) Reclaim

(f) Recover

(g) Recycle

(h) Used or reused (see reuse or use)

(i) Sludge
Dangerous Waste Regulations 173-303-016

(6/30/09) [Ch. 173-303 WACóp. 3]

(j) Scrap metal

(k) Spent material

(l) Excluded scrap metal

(m) Processed scrap metal

(n) Home scrap metal

(o) Prompt scrap metal

(3) Definition of solid waste.

(a) A solid waste is any discarded material that is not

excluded by WAC 173-303-017(2) or that is not excluded by

variance granted under WAC 173-303-017(5).

(b) A discarded material is any material that is:

(i) Abandoned, as explained in subsection (4) of this section; or

(ii) Recycled, as explained in subsection (5) of this section; or

(iii) Considered inherently waste-like, as explained in

subsection (6) of this section. Persons registering micronutrient or waste-derived fertilizers under chapter 15.54 RCW

must submit information required by the department to indicate compliance with this chapter. The required minimum

information is described in WAC 173-303-505; or

(iv) A military munition identified as a solid waste at

WAC 173-303-578(2).

(4) Materials are solid waste if they are abandoned by

being:

(a) Disposed of; or

(b) Burned or incinerated; or

(c) Accumulated, stored, or treated (but not recycled)

before or in lieu of being abandoned by being disposed of,

burned, or incinerated.

(5) Materials are solid wastes if they are recycledóor

accumulated, stored, or treated before recyclingóas specified in (a) through (d) of this subsection.

(a) Used in a manner constituting disposal. Materials

noted with a "*" in column 1 of Table 1 are solid wastes when

they are:

(i)(A) Applied to or placed on the land in a manner that

constitutes disposal; or

(B) Used to produce products that are applied to or

placed on the land or are otherwise contained in products that

are applied to or placed on the land (in which cases the product itself remains a solid waste).

(ii) However, commercial chemical products listed in

WAC 173-303-9903 or which exhibit any of the criteria or

characteristics listed in WAC 173-303-090 or 173-303-100

are not solid wastes if they are applied to the land and that is

their ordinary manner of use.

(b) Burning for energy recovery. Materials noted with a

"*" in column 2 of Table 1 are solid wastes when they are:

(i) Burned to recover energy;

(ii) Used to produce a fuel or are otherwise contained in

fuels (in which cases the fuel itself remains a solid waste).

However, commercial chemical products listed in WAC

173-303-9903 or which exhibit any of the criteria or characteristics listed in WAC 173-303-090 or 173-303-100 are not

solid wastes if they are themselves fuels.

(c) Reclaimed. Materials noted with a "*" in column 3 of

Table 1 are solid wastes when reclaimed.

(d)(i) Accumulated speculatively. Materials noted with a

"*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

(ii) A material is "accumulated speculatively" if it is

accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it

can show that the material is potentially recyclable and has a

feasible means of being recycled; and thatóduring the calendar year (commencing on January 1)óthe amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of that material accumulated at the

beginning of the period. In calculating the percentage of turnover, the seventy-five percent requirement is to be applied to

each material of the same type (e.g., slags from a single

smelting process) that is recycled in the same way (i.e., from

which the same material is recovered or that is used in the

same way). Materials accumulating in units that would be

exempt from regulation under WAC 173-303-071 (3)(n) are

not to be included in making the calculation. (Materials that

are already defined as solid wastes also are not to be included

in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.

Note: The terms "spent materials," "sludges," "by-products," "scrap

metal" and "processed scrap metal" are defined in WAC 173-

303-040.

1 The characteristics of dangerous waste are described in WAC

173-303-090.

2 The dangerous waste criteria are described in WAC 173-303-

100.

(6) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner:

(a) Dangerous Waste Nos. F020, F021 (unless used as an

ingredient to make a product at the site of generation), F022,

F023, F026, and F028.

(b) Secondary materials fed to a halogen acid furnace

that exhibit a characteristic of a dangerous waste or are listed

as a dangerous waste as defined in WAC 173-303-090 or

TABLE 1

Use

constituting

disposal

WAC

173-303-

016(5)(a)

Energy

recovery/

fuel

WAC

173-303-

016 (5)(b)

Reclamation

WAC

173-303-

016 (5)(c)

Speculative

accumulation

WAC

173-303-

016 (5)(d)

Spent materials (*) (*) (*) (*)

Commercial 

chemical products (*) (*)  

By-products

listed in WAC

173-303-9904 (*) (*) (*) (*)

Sludges listed

in WAC 173-303-

9904 (*) (*) (*) (*)

By-products

exhibiting a

characteristic1

or criteria2 (*) (*)  (*)

Sludges exhibiting

a characteristic1

or criteria2 (*) (*)  (*)

Scrap metal other

than excluded

scrap metal (see

WAC 173-303-

016 (2)(l))

(*) (*) (*) (*)
173-303-017 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 4] (6/30/09)

173-303-080 through 173-303-082, except for brominated

material that meets the following criteria:

(i) The material must contain a bromine concentration of

at least 45%; and

(ii) The material must contain less than a total of 1% of

toxic organic compounds listed in WAC 173-303-9905; and

(iii) The material is processed continually on-site in the

halogen acid furnace via direct conveyance (hard piping).

(c) The department will use the following criteria to add

wastes to (a) of this subsection:

(i)(A) The materials are ordinarily disposed of, burned,

or incinerated; or

(B) The materials contain toxic constituents listed in

WAC 173-303-9905 and these constituents are not ordinarily

found in raw materials or products for which the materials

substitute (or are found in raw materials or products in

smaller concentrations) and are not used or reused during the

recycling process; and

(ii) The material may pose a substantial hazard to human

health or the environment when recycled.

(7) Documentation of claims that materials are not solid

wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing chapter

70.105 RCW who raise a claim that a certain material is not a

solid waste, or is conditionally exempt from regulation, must

demonstrate that there is a known market or disposition for

the material, and that they meet the terms of the exclusion or

exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person

uses the material as an ingredient in a production process) to

demonstrate that the material is not a waste, or is exempt

from regulation. In addition, owners or operators of facilities

claiming that they actually are recycling materials must show

that they have the necessary equipment to do so.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-016, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-016, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-016, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-016,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

86-12-057 (Order DE-85-10), ß 173-303-016, filed 6/3/86; 84-14-031 (Order

DE 84-22), ß 173-303-016, filed 6/27/84.]

173-303-017 WAC 173-303-017 Recycling processes involving

solid waste. (1) The purpose of this section is to identify

those materials that are and are not solid wastes when recycled. Certain materials, as described in subsection (2) of this

section, would not typically be considered to involve waste

management and are exempt from the requirements of this

chapter. All recycling processes not exempted by subsection

(2) of this section are subject to the recycling requirements of

WAC 173-303-120.

(2) General categories of materials that are not solid

waste when recycled.

(a) Except as provided in subsection (3) of this section,

materials are not solid wastes when they can be shown to be

recycled by being:

(i) Used or reused as ingredients in an industrial process

to make a product provided the materials are not being

reclaimed; or

(ii) Used or reused as effective substitutes for commercial products; or

(iii) Returned to the original process from which they are

generated, without first being reclaimed or land disposed.

The material must be returned as a substitute for feedstock

materials. In cases where the original process to which the

material is returned is a secondary process, the materials must

be managed such that there is no placement on the land.

(b) Except as provided in subsection (3) of this section,

the department has determined that the following materials

when used as described are not solid wastes:

(i) Pulping liquors (e.g., black liquor) that are reclaimed

in a pulping liquor recovery furnace and then reused in the

pulping process;

(ii) Spent pickle liquor which is reused in wastewater

treatment at a facility holding a national pollutant discharge

elimination system (NPDES) permit, or which is being accumulated, stored, or treated before such reuse;

(iii) Spent sulfuric acid used to produce virgin sulfuric

acid.

(3) The following materials are solid wastes, even if the

recycling involves use, reuse, or return to the original process

(as described in subsection (2)(a) of this section):

(a) Materials used in a manner constituting disposal, or

used to produce products that are applied to the land; or

(b) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or

(c) Materials accumulated speculatively as defined in

WAC 173-303-016 (5)(d)(ii); or

(d) Materials listed in WAC 173-303-016(6); or

(e) Any materials that the department determines are

being accumulated, used, reused or handled in a manner that

poses a threat to public health or the environment.

(4) Documentation of claims that materials are not solid

wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing chapter

70.105 RCW who raise a claim that a certain material is not a

solid waste, or is conditionally exempt from regulation, must

demonstrate that there is a known market or disposition for

the material, and that they meet the terms of the exclusion or

exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person

uses the material as an ingredient in a production process) to

demonstrate that the material is not a waste, or is exempt

from regulation. In addition, owners or operators of facilities

claiming that they actually are recycling materials must show

that they have the necessary equipment to do so.

(5) Variances from classification as a solid waste.

(a) In accordance with the standards and criteria in (b) of

this subsection and the procedures in subsection (7) of this

section, the department may determine on a case-by-case

basis that the following recycled materials are not solid

wastes:

(i) Materials that are accumulated speculatively without

sufficient amounts being recycled (as defined in WAC 173-

303-016 (5)(d)(ii));

(ii) Materials that are reclaimed and then reused within

the original production process in which they were generated;

(iii) Materials that have been reclaimed but must be

reclaimed further before the materials are completely recovered;
Dangerous Waste Regulations 173-303-017

(6/30/09) [Ch. 173-303 WACóp. 5]

(iv) State-only dangerous materials (not regulated as

hazardous wastes (defined in WAC 173-303-040) by EPA)

which serve as an effective substitute for a commercial product or raw material.

(b) Standards and criteria for variances from classification as a solid waste.

(i) The department may grant requests for a variance

from classifying as a solid waste those materials that are

accumulated speculatively without sufficient amounts being

recycled if the applicant demonstrates that sufficient amounts

of the material will be recycled or transferred for recycling in

the following year. If a variance is granted, it is valid only for

the following year, but can be renewed, on an annual basis,

by filing a new application. The department's decision will be

based on the following criteria:

(A) The manner in which the material is expected to be

recycled, when the material is expected to be recycled, and

whether this expected disposition is likely to occur (for

example, because of past practice, market factors, the nature

of the material, or contractual arrangements for recycling);

(B) The reason that the applicant has accumulated the

material for one or more years without recycling seventy-five

percent of the volume accumulated at the beginning of the

year;

(C) The quantity of material already accumulated and the

quantity expected to be generated and accumulated before the

material is recycled;

(D) The extent to which the material is handled to minimize loss;

(E) Other relevant factors.

(ii) The department may grant requests for a variance

from classifying as a solid waste those materials that are

reclaimed and then reused as feedstock within the original

production process in which the materials were generated if

the reclamation operation is an essential part of the production process. This determination will be based on the following criteria:

(A) How economically viable the production process

would be if it were to use virgin materials, rather than

reclaimed materials;

(B) The extent to which the material is handled before

reclamation to minimize loss;

(C) The time periods between generating the material

and its reclamation, and between reclamation and return to

the original primary production process;

(D) The location of the reclamation operation in relation

to the production process;

(E) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned

to the original process, and whether it is returned to the process in substantially its original form;

(F) Whether the person who generates the material also

reclaims it;

(G) Other relevant factors.

(iii) The department may grant requests for a variance

from classifying as a solid waste those materials that have

been reclaimed but must be reclaimed further before recovery

is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial

product, and has to be reclaimed further). This determination

will be based on the following factors:

(A) The degree of processing the material has undergone

and the degree of further processing that is required;

(B) The value of the material after it has been reclaimed;

(C) The degree to which the reclaimed material is like an

analogous raw material;

(D) The extent to which an end market for the reclaimed

material is guaranteed;

(E) The extent to which the reclaimed material is handled to minimize loss;

(F) Other relevant factors.

(iv) The department may grant requests for a variance

from classifying as a solid waste those materials that serve as

an effective substitute for a commercial product or raw material, when such material is not regulated as hazardous waste

(defined in WAC 173-303-040) by EPA, if the materials are

recycled in a manner such that they more closely resemble

products or raw materials rather than wastes. This determination will be based on the following factors:

(A) The effectiveness of the material for the claimed use;

(B) The degree to which the material is like an analogous

raw material or product;

(C) The extent to which the material is handled to minimize loss or escape to the environment;

(D) The extent to which an end market for the reclaimed

material is guaranteed;

(E) The time period between generating the material and

its recycling;

(F) Other factors as appropriate.

(6) Variance to be classified as a boiler.

In accordance with the standards and criteria in WAC

173-303-040 (definition of "boiler"), and the procedures in

subsection (7) of this section, the department may determine

on a case-by-case basis that certain enclosed devices using

controlled flame combustion are boilers, even though they do

not otherwise meet the definition of boiler contained in WAC

173-303-040, after considering the following criteria:

(a) The extent to which the unit has provisions for recovering and exporting thermal energy in the form of steam,

heated fluids, or heated gases; and

(b) The extent to which the combustion chamber and

energy recovery equipment are of integral design; and

(c) The efficiency of energy recovery, calculated in

terms of the recovered energy compared with the thermal

value of the fuel; and

(d) The extent to which exported energy is utilized; and

(e) The extent to which the device is in common and customary use as a "boiler" functioning primarily to produce

steam, heated fluids, or heated gases; and

(f) Other factors, as appropriate.

(7) Procedures for variances from classification as a

solid waste or to be classified as a boiler.

The department will use the following procedures in

evaluating applications for variances from classification as a

solid waste or applications to classify particular enclosed

controlled flame combustion devices as boilers:

(a) The applicant must apply to the department for the

variance. The application must address the relevant criteria

contained in subsections (5)(b) or (6) of this section.

(b) The department will evaluate the application and

issue a draft public notice tentatively granting or denying the

application. Notification of this tentative decision will be pro-
173-303-020 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 6] (6/30/09)

vided by newspaper advertisement and radio broadcast in the

locality where the recycler is located. The department will

accept comment on the tentative decision for thirty days, and

may also hold a public hearing upon request or at its discretion. The department will issue a final decision after receipt

of comments and after the hearing (if any).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-017, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-017, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-017, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-017,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-017, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-017, filed 6/3/86; 84-14-031 (Order DE 84-22), ß

173-303-017, filed 6/27/84.]

173-303-020 WAC 173-303-020 Applicability. Except as expressly

provided elsewhere herein, this chapter 173-303 WAC

applies to all persons who handle dangerous wastes and solid

wastes that may designate as dangerous wastes including, but

not limited to:

(1) Generators;

(2) Transporters;

(3) Owners and operators of dangerous waste recycling,

transfer, storage, treatment, and disposal facilities; and

(4) The operator of the state's extremely hazardous waste

management facility.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-020, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-020, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

020, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-020, filed 2/10/82. Formerly WAC 173-302-020.]

173-303-030 WAC 173-303-030 Abbreviations. The following

abbreviations are used in this regulation.

APTI - Association for Preservation Technology International

ASTM - American Society for Testing Materials

APHA - American Public Health Association

CAMU - corrective action management unit

CDC - Center for Disease Control

CFR - Code of Federal Regulations

DOT - Department of Transportation

°C - degrees Celsius

DRE - destruction and removal efficiency

DW - dangerous waste

DWS - drinking water standards of the Safe Drinking

Water Act

EHW - extremely hazardous waste

EP - extraction procedure

EPA - Environmental Protection Agency

°F - degrees Fahrenheit

g - gram

IARC - International Agency for Research on Cancer

IFC - International Fire Code

kg - kilogram (one thousand grams)

L - liter

lb - pound

LC50 - median lethal concentration 

LD50 - median lethal dose 

MACT - maximum achievable control technology

M - molar (gram molecular weights per liter of solution)

mg - milligram (one thousandth of a gram)

NFPA - National Fire Protection Association

NIOSH - National Institute for Occupational Safety and

Health

pH - negative logarithm of the hydrogen ion concentration

PODC - principal organic dangerous constituent

POTW - publicly owned treatment works

ppm - parts per million (weight/weight)

RCRA - Resource Conservation and Recovery Act

RCW - Revised Code of Washington

TEQ - toxicity equivalence

TSD facility - treatment, storage, or disposal facility

TU - temporary unit

UBC - Uniform Building Code

UFC - Uniform Fire Code

USCG - United States Coast Guard

USGS - United States Geological Survey

WAC - Washington Administrative Code

% - percent

# - number

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-030, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-030, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-030, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-030, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-030, filed

2/10/82. Formerly WAC 173-302-030.]

173-303-040 WAC 173-303-040 Definitions. When used in this

chapter, the following terms have the meanings given below.

"Aboveground tank" means a device meeting the definition of "tank" in this section and that is situated in such a way

that the entire surface area of the tank is completely above the

plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be

visually inspected.

"Active life" of a facility means the period from the initial receipt of dangerous waste at the facility until the department receives certification of final closure.

"Active portion" means that portion of a facility which is

not a closed portion, and where dangerous waste recycling,

reuse, reclamation, transfer, treatment, storage or disposal

operations are being or have been conducted after:

The effective date of the waste's designation by 40 CFR

Part 261; and

March 10, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261. (See also "closed

portion" and "inactive portion.")

"Active range" means a military range that is currently in

service and is being regularly used for range activities.

"Acute hazardous waste" means dangerous waste

sources (listed in WAC 173-303-9904) F020, F021, F022,

F023, F026, or F027, and discarded chemical products (listed

in WAC 173-303-9903) that are identified with a dangerous

waste number beginning with a "P", including those wastes
Dangerous Waste Regulations 173-303-040

(6/30/09) [Ch. 173-303 WACóp. 7]

mixed with source, special nuclear, or by-product material

subject to the Atomic Energy Act of 1954. The abbreviation

"AHW" will be used in this chapter to refer to those dangerous and mixed wastes which are acute hazardous wastes.

Note - the terms acute and acutely are used interchangeably.

"Ampule" means an airtight vial made of glass, plastic,

metal, or any combination of these materials.

"Ancillary equipment" means any device including, but

not limited to, such devices as piping, fittings, flanges,

valves, and pumps, that is used to distribute, meter, or control

the flow of dangerous waste from its point of generation to a

storage or treatment tank(s), between dangerous waste storage and treatment tanks to a point of disposal on-site, or to a

point of shipment for disposal off-site.

"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant

amount of ground water to wells or springs.

"Batch" means any waste which is generated less frequently than once a month.

"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to

receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an

electrolyte, plus such connections (electrical and mechanical)

as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

"Berm" means the shoulder of a dike.

"Boiler" means an enclosed device using controlled

flame combustion and having the following characteristics:

The unit must have physical provisions for recovering

and exporting thermal energy in the form of steam, heated

fluids, or heated gases; and

The unit's combustion chamber and primary energy

recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy

recovery section(s) (such as waterwalls and superheaters)

must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the

primary energy recovery section(s) are joined only by ducts

or connections carrying flue gas is not integrally designed;

however, secondary energy recovery equipment (such as

economizers or air preheaters) need not be physically formed

into the same unit as the combustion chamber and the primary energy recovery section. The following units are not

precluded from being boilers solely because they are not of

integral design: Process heaters (units that transfer energy

directly to a process stream), and fluidized bed combustion

units; and

While in operation, the unit must maintain a thermal

energy recovery efficiency of at least sixty percent, calculated in terms of the recovered energy compared with the

thermal value of the fuel; and

The unit must export and utilize at least seventy-five percent of the recovered energy, calculated on an annual basis.

In this calculation, no credit will be given for recovered heat

used internally in the same unit. (Examples of internal use are

the preheating of fuel or combustion air, and the driving of

induced or forced draft fans or feedwater pumps); or

The unit is one which the department has determined, on

a case-by-case basis, to be a boiler, after considering the standards in WAC 173-303-017(6).

"By-product" means a material that is not one of the primary products of a production process and is not solely or

separately produced by the production process. Examples are

process residues such as slags or distillation column bottoms.

The term does not include a coproduct that is produced for

the general public's use and is ordinarily used in the form it is

produced by the process.

"Carbon regeneration unit" means any enclosed thermal

treatment device used to regenerate spent activated carbon.

"Carcinogenic" means a material known to contain a

substance which has sufficient or limited evidence as a

human or animal carcinogen as listed in both IARC and either

IRIS or HEAST.

"Cathode ray tube" or "CRT" means a vacuum tube,

composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT

means a CRT whose vacuum has not been released. A used,

broken CRT means glass removed from its housing or casing

whose vacuum has been released.

"Chemical agents and chemical munitions" are defined

as in 50 U.S.C. section 1521 (j)(1).

"Cleanup-only facility" means a site, including any contiguous property owned or under the control of the owner or

operator of the site, where the owner or operator is or will be

treating, storing, or disposing of remediation waste, including

dangerous remediation waste, and is not, has not and will not

be treating, storing or disposing of dangerous waste that is

not remediation waste. A cleanup-only facility is not a "facility" for purposes of corrective action under WAC 173-303-

646.

"Closed portion" means that portion of a facility which

an owner or operator has closed, in accordance with the

approved facility closure plan and all applicable closure

requirements.

"Closure" means:

ï The requirements placed upon all recycling, used oil,

and TSD facilities, plus some generators, and some transporters to ensure that all such facilities are closed in an acceptable

manner (see also "post-closure"); and

ï Once taken out of service, the proper cleaning up

and/or decontaminating of a dangerous waste management

unit or a recycling unit and any areas affected by releases

from the unit.

"Commercial chemical product or manufacturing chemical intermediate" refers to a chemical substance which is

manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the

chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient.

"Commercial fertilizer" means any substance containing

one or more recognized plant nutrients and which is used for

its plant nutrient content and/or which is designated for use or

claimed to have value in promoting plant growth, and

includes, but is not limited to, limes, gypsum, and manipulated animal manures and vegetable compost. The commercial fertilizer must be registered with the state or local agency
173-303-040 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 8] (6/30/09)

regulating the fertilizer in the locale in which the fertilizer is

being sold or applied.

"Compliance procedure" means any proceedings instituted pursuant to the Hazardous Waste Management Act,

chapter 70.105 RCW, and Hazardous waste fees, chapter

70.105A RCW, or regulations issued under authority of state

law, which seeks to require compliance, or which is in the

nature of an enforcement action or an action to cure a violation. A compliance procedure includes a notice of intention to

terminate a permit pursuant to WAC 173-303-830(5), or an

application in the state superior court for appropriate relief

under the Hazardous Waste Management Act. A compliance

procedure is considered to be pending from the time a notice

of violation or of intent to terminate a permit is issued or judicial proceedings are begun, until the department notifies the

owner or operator in writing that the violation has been corrected or that the procedure has been withdrawn or discontinued.

"Component" means either the tank or ancillary equipment of a tank system.

"Constituent" or "dangerous waste constituent" means a

chemically distinct component of a dangerous waste stream

or mixture.

"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise

handled.

"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste

under the provisions of WAC 173-303-695.

"Contingency plan" means a document setting out an

organized, planned, and coordinated course of action to be

followed in case of a fire, explosion, or release of dangerous

waste or dangerous waste constituents which could threaten

human health or environment.

"Contract" means the written agreement signed by the

department and the state operator.

"Corrosion expert" means a person who, by reason of his

knowledge of the physical sciences and the principles of

engineering and mathematics, acquired by a professional

education and related practical experience, is qualified to

engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person

must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that

includes education and experience in corrosion control on

buried or submerged metal piping systems and metal tanks.

"CRT collector" means a person who receives CRTs for

recycling, repair, resale, or donation.

"CRT glass manufacturer" means an operation or part of

an operation that uses a furnace to manufacture CRT glass.

"CRT processing" means conducting all of the following

activities:

ï Receiving broken or intact CRTs; and

ï Intentionally breaking intact CRTs or further breaking

or separating broken CRTs; and

ï Sorting or otherwise managing glass removed from

CRT monitors.

"Dangerous waste constituents" means those constituents listed in WAC 173-303-9905 and any other constituents

that have caused a waste to be a dangerous waste under this

chapter.

"Dangerous waste management unit" is a contiguous

area of land on or in which dangerous waste is placed, or the

largest area in which there is a significant likelihood of mixing dangerous waste constituents in the same area. Examples

of dangerous waste management units include a surface

impoundment, a waste pile, a land treatment area, a landfill

cell, an incinerator, a tank and its associated piping and

underlying containment system and a container storage area.

A container alone does not constitute a unit; the unit includes

containers and the land or pad upon which they are placed.

"Dangerous wastes" means those solid wastes designated in WAC 173-303-070 through 173-303-100 as dangerous, or extremely hazardous or mixed waste. As used in this

chapter, the words "dangerous waste" will refer to the full

universe of wastes regulated by this chapter. The abbreviation "DW" will refer only to that part of the regulated universe which is not extremely hazardous waste. (See also

"extremely hazardous waste," "hazardous waste," and "mixed

waste" definitions.)

"Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic

material. However, the following materials are not debris:

Any material for which a specific treatment standard is provided in 40 CFR Part 268 Subpart D (incorporated by reference in WAC 173-303-140 (2)(a)); process residuals such as

smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers

of hazardous waste that are not ruptured and that retain at

least seventy-five percent of their original volume. A mixture of debris that has not been treated to the standards provided by 40 CFR 268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of

debris, by volume, based on visual inspection.

"Department" means the department of ecology.

"Dermal Rabbit LD50" means the single dosage in milligrams per kilogram (mg/kg) body weight which, when dermally (skin) applied for 24 hours, within 14 days kills half of

a group of ten rabbits each weighing between 2.0 and 3.0

kilograms.

"Designated facility" means:

ï A dangerous waste treatment, storage, disposal, or

recycling facility that:

ñ Has received a permit (or interim status) in accordance

with the requirements of this chapter,

ñ Has received a permit (or interim status) from another

state authorized in accordance with 40 CFR Part 271,

ñ Has received a permit (or interim status) from EPA in

accordance with 40 CFR Part 270,

ñ Has a permit by rule under WAC 173-303-802(5), or is

regulated under WAC 173-303-120 (4)(c) or 173-303-525

when the dangerous waste is to be recycled, and

ñ That has been designated on the manifest pursuant to

WAC 173-303-180(1).

ï "Designated facility" also means a generator site designated on the manifest to receive its waste as a return shipment

from a facility that has rejected the waste in accordance with

WAC 173-303-370 (5)(f).
Dangerous Waste Regulations 173-303-040

(6/30/09) [Ch. 173-303 WACóp. 9]

ï If a waste is destined to a facility in an authorized state

that has not yet obtained authorization to regulate that particular waste as dangerous, then the designated facility must be

a facility allowed by the receiving state to accept such waste.

ï The following are designated facilities only for receipt

of state-only waste; they cannot receive federal hazardous

waste from off-site: Facilities operating under WAC 173-

303-500 (2)(c).

"Designation" is the process of determining whether a

waste is regulated under the dangerous waste lists, WAC

173-303-080 through 173-303-082; or characteristics, WAC

173-303-090; or criteria, WAC 173-303-100. The procedures

for designating wastes are in WAC 173-303-070. A waste

that has been designated as a dangerous waste may be either

DW or EHW.

"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste,

except those management activities described in WAC 173-

303-573 (9)(a), (b) and (c) and 173-303-573 (20)(a), (b) and

(c). A facility at which a particular category of universal

waste is only accumulated, is not a destination facility for

purposes of managing that category of universal waste.

"Dike" means an embankment or ridge of natural or

man-made materials used to prevent the movement of liquids,

sludges, solids, or other substances.

"Dioxins and furans (D/F)" means tetra, penta, hexa,

hepta, and octa-chlorinated dibenzo dioxins and furans.

"Director" means the director of the department of ecology or his designee.

"Discharge" or "dangerous waste discharge" means the

accidental or intentional release of hazardous substances,

dangerous waste or dangerous waste constituents such that

the substance, waste or a waste constituent may enter or be

emitted into the environment. 

"Disposal" means the discharging, discarding, or abandoning of dangerous wastes or the treatment, decontamination, or recycling of such wastes once they have been discarded or abandoned. This includes the discharge of any dangerous wastes into or on any land, air, or water.

"Domestic sewage" means untreated sanitary wastes that

pass through a sewer system to a publicly owned treatment

works (POTW) for treatment.

"Draft permit" means a document prepared under WAC

173-303-840 indicating the department's tentative decision to

issue or deny, modify, revoke and reissue, or terminate a permit. A notice of intent to terminate or deny a permit are types

of draft permits. A denial of a request for modification, revocation and reissuance, or termination as discussed in WAC

173-303-830 is not a draft permit.

"Drip pad" is an engineered structure consisting of a

curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water runon to an associated collection system at wood preserving

plants.

"Elementary neutralization unit" means a device which:

Is used for neutralizing wastes which are dangerous

wastes only because they exhibit the corrosivity characteristics defined in WAC 173-303-090 or are listed in WAC 173-

303-081, or in 173-303-082 only for this reason; and

Meets the definition of tank, tank system, container,

transport vehicle, or vessel.

"Enforceable document" means an order, consent

decree, plan or other document that meets the requirements of

40 CFR 271.16(e) and is issued by the director to apply alternative requirements for closure, post-closure, ground water

monitoring, corrective action or financial assurance under

WAC 173-303-610 (1)(d), 173-303-645 (1)(e), or 173-303-

620 (8)(d) or, as incorporated by reference at WAC 173-303-

400, 40 CFR 265.90(f), 265.110(d), or 265.140(d). Enforceable documents include, but are not limited to, closure plans

and post-closure plans, permits issued under chapter 70.105

RCW, orders issued under chapter 70.105 RCW and orders

and consent decrees issued under chapter 70.105D RCW.

"Environment" means any air, land, water, or ground

water.

"EPA/state identification number" or "EPA/state ID#"

means the number assigned by EPA or by the department of

ecology to each generator, transporter, and TSD facility.

"Existing tank system" or "existing component" means a

tank system or component that is used for the storage or treatment of dangerous waste and that is in operation, or for which

installation has commenced on or prior to February 3, 1989.

Installation will be considered to have commenced if the

owner or operator has obtained all federal, state, and local

approvals or permits necessary to begin physical construction

of the site or installation of the tank system and if either:

A continuous on-site physical construction or installation program has begun; or

The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable

time.

"Excluded scrap metal" is processed scrap metal,

unprocessed home scrap metal, and unprocessed prompt

scrap metal.

"Existing TSD facility" means a facility which was in

operation or for which construction commenced on or before

November 19, 1980, for wastes designated by 40 CFR Part

261, or August 9, 1982, for wastes designated only by this

chapter and not designated by 40 CFR Part 261. A facility has

commenced construction if the owner or operator has

obtained permits and approvals necessary under federal,

state, and local statutes, regulations, and ordinances and

either:

A continuous on-site, physical construction program has

begun; or

The owner or operator has entered into contractual obligation, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be

completed within a reasonable time.

"Explosives or munitions emergency" means a situation

involving the suspected or detected presence of unexploded

ordnance (UXO), damaged or deteriorated explosives or

munitions, an improvised explosive device (IED), other

potentially explosive material or device, or other potentially

harmful military chemical munitions or device, that creates

an actual or potential imminent threat to human health,

including safety, or the environment, including property, as

determined by an explosives or munitions emergency
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[Ch. 173-303 WACóp. 10] (6/30/09)

response specialist. Such situations may require immediate

and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate

the threat.

"Explosives or munitions emergency response" means

all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or

eliminate the actual or potential threat encountered during an

explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe

procedures, treatment or destruction of the explosives or

munitions and/or transporting those items to another location

to be rendered safe, treated, or destroyed. Any reasonable

delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or

munitions emergency. Explosives and munitions emergency

responses can occur on either public or private lands and are

not limited to responses at RCRA facilities.

"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional

munitions or explosives handling, transportation, render-safe

procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of

Defense (DOD) emergency explosive ordnance disposal

(EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other federal, state, or local

government, or civilian personnel similarly trained in explosives or munitions emergency responses.

"Extremely hazardous waste" means those dangerous

and mixed wastes designated in WAC 173-303-100 as

extremely hazardous. The abbreviation "EHW" will be used

in this chapter to refer to those dangerous and mixed wastes

which are extremely hazardous. (See also "dangerous waste"

and "hazardous waste" definitions.)

"Facility" means:

ï All contiguous land, and structures, other appurtenances, and improvements on the land used for recycling,

reusing, reclaiming, transferring, storing, treating, or disposing of dangerous waste. A facility may consist of several

treatment, storage, or disposal operational units (for example,

one or more landfills, surface impoundments, or combination

of them). Unless otherwise specified in this chapter, the terms

"facility," "treatment, storage, disposal facility," "TSD facility," "dangerous waste facility" or "waste management facility" are used interchangeably.

ï For purposes of implementing corrective action under

WAC 173-303-64620 or 173-303-64630, "facility" also

means all contiguous property under the control of an owner

or operator seeking a permit under chapter 70.105 RCW or

chapter 173-303 WAC and includes the definition of facility

at RCW 70.105D.020(4).

"Facility mailing list" means the mailing list for a facility

maintained by the department in accordance with WAC 173-

303-840 (3)(e)(I)(D).

"Final closure" means the closure of all dangerous waste

management units at the facility in accordance with all applicable closure requirements so that dangerous waste management activities under WAC 173-303-400 and 173-303-600

through 173-303-670 are no longer conducted at the facility.

Areas only subject to generator standards WAC 173-303-170

through 173-303-230 need not be included in final closure.

"Fish LC50" means the concentration that will kill fifty

percent of the exposed fish in a specified time period. For

book designation, LC50 data must be derived from an exposure period greater than or equal to twenty-four hours. A hierarchy of species LC50 data should be used that includes (in

decreasing order of preference) salmonids, fathead minnows

(Pimephales promelas), and other fish species. For the

ninety-six-hour static acute fish toxicity test, described in

WAC 173-303-110 (3)(b)(i), coho salmon (Oncorhynchus

kisutch), rainbow trout (Oncorhynchus mykiss), or brook

trout (Salvelinus fontinalis) must be used.

"Food chain crops" means tobacco, crops grown for

human consumption, and crops grown to feed animals whose

products are consumed by humans.

"Freeboard" means the vertical distance between the top

of a tank or surface impoundment dike, and the surface of the

waste contained therein.

"Fugitive emissions" means the emission of contaminants from sources other than the control system exit point.

Material handling, storage piles, doors, windows and vents

are typical sources of fugitive emissions.

"Generator" means any person, by site, whose act or process produces dangerous waste or whose act first causes a

dangerous waste to become subject to regulation.

"Genetic properties" means those properties which cause

or significantly contribute to mutagenic, teratogenic, or carcinogenic effects in man or wildlife.

"Ground water" means water which fills voids below the

land surface and in the earth's crust.

"Halogenated organic compounds" (HOC) means any

organic compounds which, as part of their composition,

include one or more atoms of fluorine, chlorine, bromine, or

iodine which is/are bonded directly to a carbon atom. This

definition does not apply to the federal land disposal restrictions of 40 CFR Part 268 which are incorporated by reference

at WAC 173-303-140 (2)(a). Note: Additional information

on HOCs may be found in Chemical Testing Methods for

Designating Dangerous Waste, Ecology Publication #97-

407.

"Hazardous debris" means debris that contains a hazardous waste listed in WAC 173-303-9903 or 173-303-9904, or

that exhibits a characteristic of hazardous waste identified in

WAC 173-303-090.

"Hazardous substances" means any liquid, solid, gas, or

sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the

physical, chemical or biological properties described in

WAC 173-303-090 or 173-303-100.

"Hazardous wastes" means those solid wastes designated

by 40 CFR Part 261, and regulated as hazardous and/or

mixed waste by the United States EPA. This term will never

be abbreviated in this chapter to avoid confusion with the

abbreviations "DW" and "EHW." (See also "dangerous

waste" and "extremely hazardous waste" definitions.)

"Home scrap metal" is scrap metal as generated by steel

mills, foundries, and refineries such as turnings, cuttings,

punchings, and borings.
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(6/30/09) [Ch. 173-303 WACóp. 11]

"Ignitable waste" means a dangerous waste that exhibits

the characteristic of ignitability described in WAC 173-303-

090(5).

"Inactive portion" means that portion of a facility which

has not recycled, treated, stored, or disposed dangerous waste

after:

The effective date of the waste's designation, for wastes

designated under 40 CFR Part 261; and

March 10, 1982, for wastes designated only by this chapter and not designated by 40 CFR Part 261.

"Inactive range" means a military range that is not currently being used, but that is still under military control and

considered by the military to be a potential range area, and

that has not been put to a new use that is incompatible with

range activities.

"Incinerator" means any enclosed device that:

Uses controlled flame combustion and neither meets the

criteria for classification as a boiler, sludge dryer, or carbon

regeneration unit, nor is listed as an industrial furnace; or

Meets the definition of infrared incinerator or plasma arc

incinerator.

"Incompatible waste" means a dangerous waste that is

unsuitable for:

ï Placement in a particular device or facility because it

may cause corrosion or decay of containment materials (for

example, container inner liners or tank walls); or

ï Commingling with another waste or material under

uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction,

toxic dusts, fumes, mists, or gases, or flammable fumes or

gases.

(See appendix V of 40 CFR Parts 264 and 265 for examples.)

"Independent qualified registered professional engineer"

means a person who is licensed by the state of Washington, or

a state which has reciprocity with the state of Washington as

defined in RCW 18.43.100, and who is not an employee of

the owner or operator of the facility for which construction or

modification certification is required. A qualified professional engineer is an engineer with expertise in the specific

area for which a certification is given.

"Industrial-furnace" means any of the following

enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish

recovery of materials or energy: Cement kilns; lime kilns;

aggregate kilns; phosphate kilns; blast furnaces; smelting,

melting, and refining furnaces (including pyrometallurgical

devices such as cupolas, reverberator furnaces, sintering

machines, roasters and foundry furnaces); titanium dioxide

chloride process oxidation reactors; coke ovens; methane

reforming furnaces; combustion devices used in the recovery

of sulfur values from spent sulfuric acid; pulping liquor

recovery furnaces; combustion devices used in the recovery

of sulfur values from spent sulfuric acid; and halogen acid

furnaces (HAFs) for the production of acid from halogenated

dangerous waste generated by chemical production facilities

where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at

least 3%, the acid product is used in a manufacturing process,

and, except for dangerous waste burned as fuel, dangerous

waste fed to the furnace has a minimum halogen content of

20% as-generated. The department may decide to add devices

to this list on the basis of one or more of the following factors:

The device is designed and used primarily to accomplish

recovery of material products;

The device burns or reduces secondary materials as

ingredients in an industrial process to make a material product;

The device burns or reduces secondary materials as

effective substitutes for raw materials in processes using raw

materials as principal feedstocks;

The device burns or reduces raw materials to make a

material product;

The device is in common industrial use to produce a

material product; and

Other factors, as appropriate.

"Infrared incinerator" means any enclosed device that

uses electric powered resistance heaters as a source of radiant

heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

"Inground tank" means a device meeting the definition

of "tank" in this section whereby a portion of the tank wall is

situated to any degree within the ground, thereby preventing

visual inspection of that external surface area of the tank that

is in the ground.

"Inhalation Rat LC50" means a concentration in milligrams of substance per liter of air (mg/L) which, when

administered to the respiratory tract for one hour or more,

kills within fourteen days half of a group of ten rats each

weighing between 200 and 300 grams.

"Inner liner" means a continuous layer of material placed

inside a tank or container which protects the construction

materials of the tank or container from the waste or reagents

used to treat the waste.

"Installation inspector" means a person who, by reason

of his knowledge of the physical sciences and the principles

of engineering, acquired by a professional education and

related practical experience, is qualified to supervise the

installation of tank systems.

"Interim status permit" means a temporary permit given

to TSD facilities which qualify under WAC 173-303-805.

"Knowledge" means sufficient information about a

waste to reliably substitute for direct testing of the waste. To

be sufficient and reliable, the "knowledge" used must provide

information necessary to manage the waste in accordance

with the requirements of this chapter.

Note: "Knowledge" may be used by itself or in combination with

testing to designate a waste pursuant to WAC 173-303-070

(3)(c), or to obtain a detailed chemical, physical, and/or biological analysis of a waste as required in WAC 173-303-

300(2).

"Lamp," also referred to as "universal waste lamp"

means any type of high or low pressure bulb or tube portion

of an electric lighting device that generates light through the

discharge of electricity either directly or indirectly as radiant

energy. Universal waste lamps include, but are not limited to,

fluorescent, mercury vapor, metal halide, high-pressure

sodium and neon. As a reference, it may be assumed that

four, four-foot, one-inch diameter unbroken fluorescent tubes

are equal to 2.2 pounds in weight.
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[Ch. 173-303 WACóp. 12] (6/30/09)

"Land disposal" means placement in or on the land,

except in a corrective action management unit or staging pile,

and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment

facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or

bunker intended for disposal purposes.

"Landfill" means a disposal facility, or part of a facility,

where dangerous waste is placed in or on land and which is

not a pile, a land treatment facility, a surface impoundment,

or an underground injection well, a salt dome formation, a

salt bed formation, an underground mine, a cave, or a corrective action management unit.

"Land treatment" means the practice of applying dangerous waste onto or incorporating dangerous waste into the soil

surface so that it will degrade or decompose. If the waste will

remain after the facility is closed, this practice is disposal.

"Large quantity handler of universal waste" means a universal waste handler (as defined in this section) who accumulates 11,000 pounds or more total of universal waste (batteries, mercury-containing equipment, and lamps calculated

collectively) or who accumulates more than 2,200 pounds of

lamps at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 11,000 pounds or more total of universal

waste and/or 2,200 pounds of lamps is accumulated.

"Leachable inorganic waste" means solid dangerous

waste (that is, passes the Paint Filter Test Method 9095B as

described in "Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods" EPA Publication SW-846 as

incorporated by reference in WAC 173-303-110 (3)(a)) that

is not an organic/carbonaceous waste and exhibits the toxicity characteristic (dangerous waste numbers D004 to D011,

only) under WAC 173-303-090(8).

"Leachate" means any liquid, including any components

suspended in the liquid, that has percolated through or

drained from dangerous waste.

"Leak-detection system" means a system capable of

detecting the failure of either the primary or secondary containment structure or the presence of a release of dangerous

waste or accumulated liquid in the secondary containment

structure. Such a system must employ operational controls

(e.g., daily visual inspections for releases into the secondary

containment system of aboveground tanks) or consist of an

interstitial monitoring device designed to detect continuously

and automatically the failure of the primary or secondary

containment structure or the presence of a release of dangerous waste into the secondary containment structure.

"Legal defense costs" means any expenses that an

insurer incurs in defending against claims of third parties

brought under the terms and conditions of an insurance policy.

"Liner" means a continuous layer of man-made or natural materials which restrict the escape of dangerous waste,

dangerous waste constituents, or leachate through the sides,

bottom, or berms of a surface impoundment, waste pile, or

landfill.

"Major facility" means a facility or activity classified by

the department as major.

"Manifest" means the shipping document EPA Form

8700-22 (including, if necessary, EPA Form 8700-22A, originated and signed by the generator or offeror in accordance

with the requirements of WAC 173-303-180 (Manifest), and

the applicable requirements of WAC 173-303-170 through

173-303-692.

"Manifest tracking number" means the alphanumeric

identification number (a unique three letter suffix preceded

by nine numerical digits), that is preprinted in Item 4 of the

Manifest by a registered source.

"Manufacturing process unit" means a unit which is an

integral and inseparable portion of a manufacturing operation, processing a raw material into a manufacturing intermediate or finished product, reclaiming spent materials or reconditioning components.

"Marine terminal operator" means a person engaged in

the business of furnishing wharfage, dock, pier, warehouse,

covered and/or open storage spaces, cranes, forklifts, bulk

loading and/or unloading structures and landings in connection with a highway or rail carrier and a water carrier. A

marine terminal operator includes, but is not limited to, terminals owned by states and their political subdivisions; railroads who perform port terminal services not covered by

their line haul rates; common carriers who perform port terminal services; and warehousemen and stevedores who operate port terminal facilities.

"Mercury-containing equipment" means a device or part

of a device (including thermostats, but excluding batteries

and lamps) that contains elemental mercury integral to its

function. Examples of mercury-containing equipment

include thermostats, thermometers, manometers, and electrical switches.

"Micronutrient fertilizer" means a produced or imported

commercial fertilizer that contains commercially valuable

concentrations of micronutrients but does not contain commercially valuable concentrations of nitrogen, phosphoric

acid, available phosphorous, potash, calcium, magnesium, or

sulfur. Micronutrients are boron, chlorine, cobalt, copper,

iron, manganese, molybdenum, sodium, and zinc.

"Military" means the Department of Defense (DOD), the

Armed Services, Coast Guard, National Guard, Department

of Energy (DOE), or other parties under contract or acting as

an agent for the foregoing, who handle military munitions.

"Military munitions" means all ammunition products

and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national

defense and security, including military munitions under the

control of the Department of Defense, the U.S. Coast Guard,

the U.S. Department of Energy (DOE), and National Guard

personnel. The term military munitions includes: Confined

gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and

chemical warfare agents, chemical munitions, rockets,

guided and ballistic missiles, bombs, warheads, mortar

rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and

dispensers, demolition charges, and devices and components

thereof. Military munitions do not include wholly inert items,

improvised explosive devices, and nuclear weapons, nuclear

devices, and nuclear components thereof. However, the term

does include nonnuclear components of nuclear devices,

managed under DOE's nuclear weapons program after all
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(6/30/09) [Ch. 173-303 WACóp. 13]

required sanitization operations under the Atomic Energy Act

of 1954, as amended, have been completed.

"Military range" means designated land and water areas

set aside, managed, and used to conduct research on, develop,

test, and evaluate military munitions and explosives, other

ordnance, or weapon systems, or to train military personnel

in their use and handling. Ranges include firing lines and

positions, maneuver areas, firing lanes, test pads, detonation

pads, impact areas, and buffer zones with restricted access

and exclusionary areas.

"Miscellaneous unit" means a dangerous waste management unit where dangerous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler,

industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146, containment

building, corrective action management unit, temporary unit,

staging pile, or unit eligible for a research, development, and

demonstration permit under WAC 173-303-809.

"Mixed waste" means a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and, as defined by 10 CFR

20.1003, source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et

seq.).

"New tank system" or "new tank component" means a

tank system or component that will be used for the storage or

treatment of dangerous waste and for which installation has

commenced after February 3, 1989; except, however, for purposes of WAC 173-303-640 (4)(g)(ii) and 40 CFR 265.193

(g)(2) as adopted by reference in WAC 173-303-400(3), a

new tank system is one for which construction commences

after February 3, 1989. (See also "existing tank system.")

"New TSD facility" means a facility which began operation or for which construction commenced after November

19, 1980, for wastes designated by 40 CFR Part 261, or

August 9, 1982, for wastes designated only by this chapter

and not designated by 40 CFR Part 261.

"NIOSH registry" means the registry of toxic effects of

chemical substances which is published by the National Institute for Occupational Safety and Health.

"Nonsudden accident" or "nonsudden accidental occurrence" means an unforeseen and unexpected occurrence

which takes place over time and involves continuous or

repeated exposure.

"Occurrence" means an accident, including continuous

or repeated exposure to conditions, which results in bodily

injury or property damage which the owner or operator neither expected nor intended to occur.

"Off-specification used oil fuel" means used oil fuel that

exceeds any specification level described in Table 1 in WAC

173-303-515.

"Onground tank" means a device meeting the definition

of "tank" in this section and that is situated in such a way that

the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be

visually inspected.

"On-site" means the same or geographically contiguous

property which may be divided by public or private right of

way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing

as opposed to going along the right of way. Noncontiguous

properties owned by the same person but connected by a right

of way which they control and to which the public does not

have access, are also considered on-site property.

"Operator" means the person responsible for the overall

operation of a facility. (See also "state operator.")

"Oral Rat LD50" means the single dosage in milligrams

per kilogram (mg/kg) body weight, when orally administered, which, within fourteen days, kills half a group of ten or

more white rats each weighing between 200 and 300 grams.

"Organic/carbonaceous waste" means a dangerous waste

that contains combined concentrations of greater than ten

percent organic/carbonaceous constituents in the waste;

organic/carbonaceous constituents are those substances that

contain carbon-hydrogen, carbon-halogen, or carbon-carbon

chemical bonding.

"Partial closure" means the closure of a dangerous waste

management unit in accordance with the applicable closure

requirements of WAC 173-303-400 and 173-303-600

through 173-303-695 at a facility that contains other active

dangerous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill

cell, surface impoundment, waste pile, or other dangerous

waste management unit, while other units of the same facility

continue to operate.

"Performance track member facility" means a facility

that has been accepted by EPA for membership in the

National Environmental Performance Track Program and is

still a member of the program. The National Environmental

Performance Track Program is a voluntary, facility based

program for top environmental performers. Facility members

must demonstrate a good record of compliance, past success

in achieving environmental goals, and commit to future specific quantified environmental goals, environmental management systems, local community outreach, and annual reporting of measurable results.

"Permit" means an authorization which allows a person

to perform dangerous waste transfer, storage, treatment, or

disposal operations, and which typically will include specific

conditions for such facility operations. Permits must be

issued by one of the following:

The department, pursuant to this chapter;

United States EPA, pursuant to 40 CFR Part 270; or

Another state authorized by EPA, pursuant to 40 CFR

Part 271.

"Permit-by-rule" means a provision of this chapter stating that a facility or activity is deemed to have a dangerous

waste permit if it meets the requirements of the provision.

"Persistence" means the quality of a material that retains

more than half of its initial activity after one year (365 days)

in either a dark anaerobic or dark aerobic environment at

ambient conditions. Persistent compounds are either halogenated organic compounds (HOC) or polycyclic aromatic

hydrocarbons (PAH) as defined in this section.

"Person" means an individual, trust, firm, joint stock

company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.
173-303-040 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 14] (6/30/09)

"Personnel or facility personnel" means all persons who

work at, or oversee the operations of, a dangerous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of WAC 173-303-400 or 173-

303-280 through 173-303-395 and 173-303-600 through

173-303-695.

"Pesticide" means but is not limited to: Any substance or

mixture of substances intended to prevent, destroy, control,

repel, or mitigate any insect, rodent, nematode, mollusk, fungus, weed, and any other form of plant or animal life, or virus

(except virus on or in living man or other animal) which is

normally considered to be a pest or which the department of

agriculture may declare to be a pest; any substance or mixture

of substances intended to be used as a plant regulator, defoliant, or desiccant; any substance or mixture of substances

intended to be used as spray adjuvant; and, any other substance intended for such use as may be named by the department of agriculture by regulation. Herbicides, fungicides,

insecticides, and rodenticides are pesticides for the purposes

of this chapter.

"Pile" means any noncontainerized accumulation of

solid, nonflowing dangerous waste that is used for treatment

or storage.

"Plasma arc incinerator" means any enclosed device

using a high intensity electrical discharge or arc as a source of

heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

"Point source" means any confined and discrete conveyance from which pollutants are or may be discharged. This

term includes, but is not limited to, pipes, ditches, channels,

tunnels, wells, cracks, containers, rolling stock, concentrated

animal feeding operations, or watercraft, but does not include

return flows from irrigated agriculture.

"Polycyclic aromatic hydrocarbons" (PAH) means those

hydrocarbon molecules composed of two or more fused benzene rings. For purposes of this chapter, the PAHs of concern

for designation are: Acenaphthene, acenaphthylene, fluorene, anthracene, fluoranthene, phenanthrene,

benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, pyrene, chrysene, benzo(a)pyrene,

dibenz(a,h)anthracene, indeno(1,2,3-c,d)pyrene,

benzo(g,h,i)perylene, dibenzo [(a,e), (a,h), (a,i), and (a,1)]

pyrenes, and dibenzo(a,j) acridine.

"Post-closure" means the requirements placed upon disposal facilities (e.g., landfills, impoundments closed as disposal facilities, etc.) after closure to ensure their environmental safety for a number of years after closure. (See also "closure.")

"Processed scrap metal" is scrap metal that has been

manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the

handling of materials. Processed scrap metal includes, but is

not limited to, scrap metal which has been baled, shredded,

sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (that is, sorted), and fines, drosses and

related materials that have been agglomerated. Note: Shredded circuit boards being sent for recycling are not considered

processed scrap metal. They are covered under the exclusion

from the definition of solid waste for shredded circuit boards

being recycled (WAC 173-303-071 (3)(gg)).

"Prompt scrap metal" is scrap metal as generated by the

metal working/fabrication industries and includes such scrap

metal as turnings, cuttings, punchings, and borings. Prompt

scrap is also known as industrial or new scrap metal.

"Publicly owned treatment works" or "POTW" means

any device or system, owned by the state or a municipality,

which is used in the treatment, recycling, or reclamation of

municipal sewage or liquid industrial wastes. This term

includes sewers, pipes, or other conveyances only if they

convey wastewater to a POTW.

"Qualified ground water scientist" means a scientist or

engineer who has received a baccalaureate or post-graduate

degree in the natural sciences or engineering, and has sufficient training and experience in ground water hydrology and

related fields to make sound professional judgments regarding ground water monitoring and contaminant fate and transport. Sufficient training and experience may be demonstrated

by state registration, professional certifications, or completion of accredited university courses.

"Reactive waste" means a dangerous waste that exhibits

the characteristic of reactivity described in WAC 173-303-

090(7).

"Reclaim" means to process a material in order to

recover useable products, or to regenerate the material. Reclamation is the process of reclaiming.

"Recover" means extract a useable material from a solid

or dangerous waste through a physical, chemical, biological,

or thermal process. Recovery is the process of recovering.

"Recycle" means to use, reuse, or reclaim a material.

"Recycling unit" is a contiguous area of land, structures

and equipment where materials designated as dangerous

waste or used oil are placed or processed in order to recover

useable products or regenerate the original materials. For the

purposes of this definition, "placement" does not mean "storage" when conducted within the provisions of WAC 173-

303-120(4). A container, tank, or processing equipment alone

does not constitute a unit; the unit includes containers, tanks

or other processing equipment, their ancillary equipment and

secondary containment system, and the land upon which they

are placed.

"Registration number" means the number assigned by

the department of ecology to a transporter who owns or leases

and operates a ten-day transfer facility within Washington

state.

"Regulated unit" means any new or existing surface

impoundment, landfill, land treatment area or waste pile that

receives any dangerous waste after:

July 26, 1982, for wastes regulated by 40 CFR Part 261;

October 31, 1984 for wastes designated only by this

chapter and not regulated by 40 CFR Part 261; or

The date six months after a waste is newly identified by

amendments to 40 CFR Part 261 or this chapter which cause

the waste to be regulated.

"Release" means any intentional or unintentional spilling, leaking, pouring, emitting, emptying, discharging,

injecting, pumping, escaping, leaching, dumping, or disposing of dangerous wastes, or dangerous constituents as defined

at WAC 173-303-64610(4), into the environment and

includes the abandonment or discarding of barrels, containers, and other receptacles containing dangerous wastes or
Dangerous Waste Regulations 173-303-040

(6/30/09) [Ch. 173-303 WACóp. 15]

dangerous constituents and includes the definition of release

at RCW 70.105D.020(20).

"Remediation waste" means all solid and dangerous

wastes, and all media (including ground water, surface water,

soils, and sediments) and debris, that are managed for implementing cleanup.

"Replacement unit" means a landfill, surface impoundment, or waste pile unit from which all or substantially all of

the waste is removed, and that is subsequently reused to treat,

store, or dispose of dangerous waste. "Replacement unit"

does not apply to a unit from which waste is removed during

closure, if the subsequent reuse solely involves the disposal

of waste from that unit and other closing units or corrective

action areas at the facility, in accordance with an approved

closure plan or EPA or state approved corrective action.

"Representative sample" means a sample which can be

expected to exhibit the average properties of the sample

source.

"Reuse or use" means to employ a material either:

As an ingredient (including use as an intermediate) in an

industrial process to make a product (for example, distillation

bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if

distinct components of the material are recovered as separate

end products (as when metals are recovered from metal-containing secondary materials); or

In a particular function or application as an effective substitute for a commercial product (for example, spent pickle

liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

"Runoff" means any rainwater, leachate, or other liquid

which drains over land from any part of a facility.

"Run-on" means any rainwater, leachate, or other liquid

which drains over land onto any part of a facility.

"Satellite accumulation area" means a location at or near

any point of generation where hazardous waste is initially

accumulated in containers (during routine operations) prior to

consolidation at a designated ninety-day accumulation area

or storage area. The area must be under the control of the

operator of the process generating the waste or secured at all

times to prevent improper additions of wastes into the satellite containers.

"Schedule of compliance" means a schedule of remedial

measures in a permit including an enforceable sequence of

interim requirements leading to compliance with this chapter.

"Scrap metal" means bits and pieces of metal parts (e.g.,

bars, turnings, rods, sheets, wire) or metal pieces that may be

combined together with bolts or soldering (e.g., radiators,

scrap automobiles, railroad box cars), which when worn or

superfluous can be recycled.

"Sludge" means any solid, semisolid, or liquid waste

generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air

pollution control facility. This term does not include the

treated effluent from a wastewater treatment plant.

"Sludge dryer" means any enclosed thermal treatment

device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the

sludge itself, of 2,500 Btu/lb of sludge treated on a wetweight basis.

"Small quantity handler of universal waste" means a universal waste handler (as defined in this section) who does not

accumulate 11,000 pounds or more total of universal waste

(batteries, mercury-containing equipment, and lamps, calculated collectively) and/or who does not accumulate more than

2,200 pounds of lamps at any time.

"Solid acid waste" means a dangerous waste that exhibits

the characteristic of low pH under the corrosivity tests of

WAC 173-303-090 (6)(a)(iii).

"Solid waste management unit" or "SWMU" means any

discernible location at a facility, as defined for the purposes

of corrective action, where solid wastes have been placed at

any time, irrespective of whether the location was intended

for the management of solid or dangerous waste. Such locations include any area at a facility at which solid wastes,

including spills, have been routinely and systematically

released. Such units include regulated units as defined by

chapter 173-303 WAC.

"Sorbent" means a material that is used to soak up free

liquids by either adsorption or absorption, or both. Sorb

means to either adsorb or absorb, or both.

"Special incinerator ash" means ash residues resulting

from the operation of incineration or energy recovery facilities managing municipal solid waste from residential, commercial and industrial establishments, if the ash residues are

designated as dangerous waste only by this chapter and not

designated as hazardous waste by 40 CFR Part 261.

"Special waste" means any state-only dangerous waste

that is solid only (nonliquid, nonaqueous, nongaseous), that

is: Corrosive waste (WAC 173-303-090 (6)(b)(ii)), toxic

waste that has Category D toxicity (WAC 173-303-100(5)),

PCB waste (WAC 173-303-9904 under State Sources), or

persistent waste that is not EHW (WAC 173-303-100(6)).

Any solid waste that is regulated by the United States EPA as

hazardous waste cannot be a special waste.

"Spent material" means any material that has been used

and as a result of contamination can no longer serve the purpose for which it was produced without processing.

"Stabilization" and "solidification" means a technique

that limits the solubility and mobility of dangerous waste

constituents. Solidification immobilizes a waste through

physical means and stabilization immobilizes the waste by

bonding or chemically reacting with the stabilizing material.

"Staging pile" means an accumulation of solid, nonflowing, remediation waste that is not a containment building or a

corrective action management unit and that is used for temporary storage of remediation waste for implementing corrective action under WAC 173-303-646 or other clean up activities. Staging piles must be designated by the department

according to the requirements of WAC 173-303-64690.

"State-only dangerous waste" means a waste designated

only by this chapter, chapter 173-303 WAC, and is not regulated as a hazardous waste under 40 CFR Part 261.

"State operator" means the person responsible for the

overall operation of the state's extremely hazardous waste

facility on the Hanford Reservation.

"Storage" means the holding of dangerous waste for a

temporary period. "Accumulation" of dangerous waste, by

the generator on the site of generation, is not storage as long

as the generator complies with the applicable requirements of

WAC 173-303-200 and 173-303-201.
173-303-040 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 16] (6/30/09)

"Sudden accident" means an unforeseen and unexpected

occurrence which is not continuous or repeated in nature.

"Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that

serves to collect dangerous waste for transport to dangerous

waste storage, treatment, or disposal facilities; except that as

used in the landfill, surface impoundment, and waste pile

rules, "sump" means any lined pit or reservoir that serves to

collect liquids drained from a leachate collection and removal

system or leak detection system for subsequent removal from

the system.

"Surface impoundment" means a facility or part of a

facility which is a natural topographic depression, man-made

excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), and

which is designed to hold an accumulation of liquid wastes or

wastes containing free liquids. The term includes holding,

storage, settling, and aeration pits, ponds, or lagoons, but

does not include injection wells.

"Tank" means a stationary device designed to contain an

accumulation of dangerous waste, and which is constructed

primarily of nonearthen materials to provide structural support.

"Tank system" means a dangerous waste storage or treatment tank and its associated ancillary equipment and containment system.

"Temporary unit" means a tank or container that is not an

accumulation unit under WAC 173-303-200 and that is used

for temporary treatment or storage of remediation waste for

implementing corrective action under WAC 173-303-646 or

other clean up activities.

"TEQ" means toxicity equivalence, the international

method of relating the toxicity of various dioxin/furan congeners to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.

"Thermal treatment" means the treatment of dangerous

waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological

character or composition of the dangerous waste. Examples

of thermal treatment processes are incineration, molten salt,

pyrolysis, calcination, wet air oxidation, and microwave discharge.

"Thermostat" means a temperature control device that

contains metallic mercury in an ampule attached to a bimetal

sensing element, and mercury-containing ampules that have

been removed from these temperature control devices in

compliance with the requirements of WAC 173-303-573

(9)(b)(ii) or (20)(b)(ii).

"TLm96" means the same as "Aquatic LC50."

"Totally enclosed treatment facility" means a facility for

treating dangerous waste which is directly connected to a

production process and which prevents the release of dangerous waste or dangerous waste constituents into the environment during treatment.

"Toxic" means having the properties to cause or to significantly contribute to death, injury, or illness of man or

wildlife.

"Transfer facility" means any transportation related

facility including loading docks, parking areas, storage areas,

buildings, piers, and other similar areas where shipments of

dangerous waste are held, consolidated, or transferred within

a period of ten days or less during the normal course of transportation.

"Transport vehicle" means a motor vehicle, water vessel,

or rail car used for the transportation of cargo by any mode.

Each cargo-carrying body (trailer, railroad freight car, steamship, etc.) is a separate transport vehicle.

"Transportation" means the movement of dangerous

waste by air, rail, highway, or water.

"Transporter" means a person engaged in the off-site

transportation of dangerous waste.

"Travel time" means the period of time necessary for a

dangerous waste constituent released to the soil (either by

accident or intent) to enter any on-site or off-site aquifer or

water supply system.

"Treatability study" means a study in which a dangerous

waste is subjected to a treatment process to determine:

Whether the waste is amenable to the treatment process; what

pretreatment (if any) is required; the optimal process conditions needed to achieve the desired treatment; the efficiency

of a treatment process for a specific waste or wastes; or the

characteristics and volumes of residuals from a particular

treatment process. Also included in this definition for the purpose of the exemptions contained in WAC 173-303-071

(3)(r) and (s), are liner compatibility, corrosion, and other

material compatibility studies and toxicological and health

effects studies. A "treatability study" is not a means to commercially treat or dispose of dangerous waste.

"Treatment" means the physical, chemical, or biological

processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amenable for

energy or material resource recovery, amenable for storage,

or reduced in volume, with the exception of compacting,

repackaging, and sorting as allowed under WAC 173-303-

400(2) and 173-303-600(3).

"Treatment zone" means a soil area of the unsaturated

zone of a land treatment unit within which dangerous wastes

are degraded, transformed or immobilized.

"Triple rinsing" means the cleaning of containers in

accordance with the requirements of WAC 173-303-160

(2)(b), containers.

"Underground injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well, or

through a dug well, where the depth of the dug well is greater

than the largest surface dimension.

"Underground source of drinking water" (USDW)

means an aquifer or its portion:

ï Which supplies any public water system or contains a

sufficient quantity of ground water to supply a public water

system; and currently supplies drinking water for human consumption or contains fewer than 10,000 mg/l total dissolved

solids; and

ï Which is not an exempted aquifer.

"USDW" means underground source of drinking water.

"Underground tank" means a device meeting the definition of "tank" in this section whose entire surface area is

totally below the surface of and covered by the ground.

"Unexploded ordnance (UXO)" means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to
Dangerous Waste Regulations 173-303-045

(6/30/09) [Ch. 173-303 WACóp. 17]

operations, installation, personnel, or material and remain

unexploded either by malfunction, design, or any other cause.

"Unfit-for-use tank system" means a tank system that has

been determined through an integrity assessment or other

inspection to be no longer capable of storing or treating dangerous waste without posing a threat of release of dangerous

waste to the environment.

"Universal waste" means any of the following dangerous

wastes that are subject to the universal waste requirements of

WAC 173-303-573:

Batteries as described in WAC 173-303-573(2);

Mercury-containing equipment as described in WAC

173-303-573(3); and

Lamps as described in WAC 173-303-573(5).

"Universal waste handler":

Means:

A generator (as defined in this section) of universal

waste; or

The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and

sends universal waste to another universal waste handler, to a

destination facility, or to a foreign destination.

Does not mean:

A person who treats (except under the provisions of

WAC 173-303-573 (9)(a), (b), or (c) or (20)(a), (b), or (c))

disposes of, or recycles universal waste; or

A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal

waste transfer facility.

"Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas,

storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

"Universal waste transporter" means a person engaged in

the off-site transportation of universal waste by air, rail, highway, or water.

"Unsaturated zone" means the zone between the land

surface and the water table.

"Uppermost aquifer" means the geological formation

nearest the natural ground surface that is capable of yielding

ground water to wells or springs. It includes lower aquifers

that are hydraulically interconnected with this aquifer within

the facility property boundary.

"Used oil" means any oil that has been refined from

crude oil, or any synthetic oil, that has been used and as a

result of such use is contaminated by physical or chemical

impurities.

"Vessel" includes every description of watercraft, used

or capable of being used as a means of transportation on the

water.

"Waste-derived fertilizer" means a commercial fertilizer

that is derived in whole or in part from solid waste as defined

in chapter 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include fertilizers derived from biosolids or

biosolid products regulated under chapter 70.95J RCW or

wastewaters regulated under chapter 90.48 RCW.

"Wastewater treatment unit" means a device that:

Is part of a wastewater treatment facility which is subject

to regulation under either:

Section 402 or section 307(b) of the Federal Clean Water

Act; or

Chapter 90.48 RCW, State Water Pollution Control Act,

provided that the waste treated at the facility is a state-only

dangerous waste; and

Handles dangerous waste in the following manner:

Receives and treats or stores an influent wastewater; or

Generates and accumulates or treats or stores a wastewater treatment sludge; and

Meets the definition of tank or tank system in this section.

"Water or rail (bulk shipment)" means the bulk transportation of dangerous waste which is loaded or carried on board

a vessel or railcar without containers or labels.

"Zone of engineering control" means an area under the

control of the owner/operator that, upon detection of a dangerous waste release, can be readily cleaned up prior to the

release of dangerous waste or dangerous constituents to

ground water or surface water.

Any terms used in this chapter which have not been

defined in this section have either the same meaning as set

forth in Title 40 CFR Parts 260, 264, 270, and 124 or else

have their standard, technical meaning.

As used in this chapter, words in the masculine gender

also include the feminine and neuter genders, words in the

singular include the plural, and words in the plural include

the singular.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-040, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.95N, 70.105, and 70.105D RCW. 07-21-013 (Order

07-05), ß 173-303-040, filed 10/5/07, effective 11/5/07. Statutory Authority:

Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-

065 (Order 03-10), ß 173-303-040, filed 11/30/04, effective 1/1/05; 00-11-

040 (Order 99-01), ß 173-303-040, filed 5/10/00, effective 6/10/00. Statutory

Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), ß

173-303-040, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), ß

173-303-040, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), ß

173-303-040, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters

70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006 (42 U.S.C.

3251). 91-07-005 (Order 90-42), ß 173-303-040, filed 3/7/91, effective

4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-

24), ß 173-303-040, filed 1/4/89; 87-14-029 (Order DE-87-4), ß 173-303-

040, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-040, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-040, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-040, filed 2/10/82. Formerly WAC 173-302-040.]

Reviserís note: The brackets and enclosed material in the text of the

above section occurred in the copy filed by the agency.

173-303-045 WAC 173-303-045 References to EPA's hazardous

waste and permit regulations. (1) Any references in this

chapter to any parts, subparts, or sections from EPA's hazardous waste regulations, including 40 CFR Parts 260 through

280 and Part 124, are in reference to those rules as they

existed on July 1, 2007. Copies of the appropriate referenced

federal requirements are available upon request from the

department.

(2) The following sections and any cross-reference to

these sections are not incorporated or adopted by reference

because they are provisions that EPA cannot delegate to

states:

(a) 40 CFR Parts 260.1 (b)(4)-(6).

(b) 40 CFR Parts 264.1 (d) and (f); 265.1 (c)(4);

264.149-150 and 265.149-150; 264.301(l); and 265.430.
173-303-050 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 18] (6/30/09)

(c) 40 CFR Parts 268.5 and 268.6; 268 Subpart B;

268.42(b) and 268.44 (a) through (g).

(d) 40 CFR Parts 270.1 (c)(1)(i); 270.3; 270.60(b); and

270.64.

(e) 40 CFR Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9;

124.10 (a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2);

124.16; 124.17(b); 124.18; 124.19; and 124.21.

(3) The following sections and any cross-references to

these citations are not incorporated or adopted by reference:

40 CFR Parts 260.20-260.22.

(4) Where EPA's regulations are incorporated by reference:

(a) "Regional administrator" means "the department."

(b) "Administrator" means "director."

(c) "Director" means "department."

(d) "40 CFR 260.11" means "WAC 173-303-110(3)."

(e) These substitutions should be made as appropriate.

They should not be made where noted otherwise in this chapter. They should not be made where another EPA region is

referred to, where a provision cannot be delegated to the

state, or where the director referred to is the director of

another agency.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-045, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-045, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-045, 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), ß 173-303-045, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-045, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-045, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-045, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-045,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-045, filed 1/4/89; 87-14-029 (Order

DE-87-4), ß 173-303-045, filed 6/26/87; 86-12-057 (Order DE-85-10), ß

173-303-045, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-045,

filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105

RCW. 82-05-023 (Order DE 81-33), ß 173-303-045, filed 2/10/82.]

173-303-050 WAC 173-303-050 Department of ecology cleanup

authority. The department may conduct or contract for the

removal of dangerous wastes or hazardous substances where

there has been or is a potential for discharge or release,

regardless of quantity or concentration, which could pose a

threat to public health or the environment.

[Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-050, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-050, filed

2/10/82. Formerly WAC 173-302-060.]

173-303-060 WAC 173-303-060 Notification and identification

numbers. (1) Any person who generates, transports, offers

for transport, or transfers a dangerous waste, or who owns or

operates a dangerous waste TSD facility must have a current

EPA/state identification number (EPA/state ID#). An

EPA/state ID# is issued to TSD facilities and generators by

site. A state registration number is assigned to transfer facilities by site. Any person who offers a dangerous waste to a

transporter or to a dangerous waste TSD facility that does not

have an EPA/state ID#, or whose EPA/state ID# has been

cancelled or withdrawn, is in violation of this regulation.

(2) Every person who must have an EPA/state ID#, and

who has not already received their ID#, must notify the

department by obtaining and completing a Washington State

Dangerous Waste Site Identification Form according to the

instructions on the form and submitting the completed form

to the department. Any person already assigned an EPA/state

ID# must notify the department of any changes to their company's name, mailing address, ownership, physical location,

or type of dangerous waste activity, by submitting a revised

form. A revised form must be submitted prior to adding or

dropping any of the following activities: Permitted treating,

storing and/or disposing, immediate recycling, transporting,

permit by rule, and/or treatment by generator. Any change in

site location will require the issuance of a new EPA/state ID#

for waste generation and management facilities. An

EPA/state ID# may not be used at new company locations. A

company that has obtained an ID# as a "transporter only" can

move to a new location and continue to use the same ID#. A

revised Dangerous Waste Site Identification Form must be

submitted to the department. A Dangerous Waste Site Identification Form and instructions for its completion may be

obtained by contacting the department.

(3) Any person with an EPA/state ID# may request that

his ID# be withdrawn if he will no longer be handling dangerous waste at the site the ID# has been assigned to. Any person

whose ID# has been withdrawn must notify the department

before he uses the ID# at any later date. Notification must be

in writing, except in the case of emergencies (e.g., fires,

spills, etc.) such notification may be provided by telephone

first, and followed within one week by a written notification.

Withdrawal will only be granted when all applicable requirements of this chapter and chapter 173-305 WAC have been

met.

(4) Any person with an EPA/state ID# may request that

his ID# be cancelled if he will no longer occupy the site.

Notification must be in writing. An EPA/state ID# will be

considered cancelled only after all applicable requirements of

this chapter and chapter 173-305 WAC have been met.

(5) Any person with a current EPA/state ID# must submit an annual report as required by WAC 173-303-070(8),

173-303-220, and 173-303-390. Any person who has withdrawn or cancelled their ID# must submit an annual report up

to the effective date of cancellation or withdrawal. The generator should write the effective date on the Dangerous Waste

Site Identification Form for the cancellation or withdrawal; it

is the date by which all regulated waste activities (generation,

transportation, and management) have ceased at the site.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-060, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-060, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-060, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-

303-060, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-060, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-060, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-060, filed 2/10/82.]

173-303-070 WAC 173-303-070 Designation of dangerous waste.

(1) Purpose and applicability.

(a) This section describes the procedures for determining

whether or not a solid waste is DW or EHW.
Dangerous Waste Regulations 173-303-070

(6/30/09) [Ch. 173-303 WACóp. 19]

(b) The procedures in this section are applicable to any

person who generates a solid waste (including recyclable

materials) that is not exempted or excluded by this chapter or

by the department. Any person who must determine whether

or not their solid waste is designated must follow the procedures set forth in subsection (3) of this section. Any person

who determines by these procedures that their waste is designated DW or EHW is subject to all applicable requirements

of this chapter.

(c) The requirements for the small quantity generator

exemption are found in subsection (8) of this section.

(2)(a) Except as provided at WAC 173-303-070 (2)(c),

once a material has been determined to be a dangerous waste,

then any solid waste generated from the recycling, treatment,

storage, or disposal of that dangerous waste is a dangerous

waste unless and until:

(i) The generator has been able to accurately describe the

variability or uniformity of the waste over time, and has been

able to obtain demonstration samples which are representative of the waste's variability or uniformity; and

(ii)(A) It does not exhibit any of the characteristics of

WAC 173-303-090; however, wastes that exhibit a characteristic at the point of generation may still be subject to the

requirements of WAC 173-303-140 (2)(a), even if they no

longer exhibit a characteristic at the point of land disposal;

and

(B) If it was a listed waste under WAC 173-303-080

through 173-303-083, it also has been exempted pursuant to

WAC 173-303-910(3); or

(iii) If originally designated only through WAC 173-

303-100, it does not meet any of the criteria of WAC 173-

303-100.

Such solid waste will include but not be limited to any

sludge, spill residue, ash emission control dust, leachate, or

precipitation runoff. Precipitation runoff will not be considered a dangerous waste if it can be shown that the runoff has

not been contaminated with the dangerous waste, or that the

runoff is adequately addressed under existing state laws (e.g.

chapter 90.48 RCW), or that the runoff does not exhibit any

of the criteria or characteristics described in WAC 173-303-

100.

(b) Materials that are reclaimed from solid wastes and

that are used beneficially (as provided in WAC 173-303-016

and 173-303-017) are not solid wastes and hence are not dangerous wastes under this section unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.

(c)(i) A dangerous waste that is listed in WAC 173-303-

081(1) or 173-303-082(1) solely because it exhibits one or

more characteristics of ignitability as defined under WAC

173-303-090(5), corrosivity as defined under WAC 173-303-

090(6), or reactivity as defined under WAC 173-303-090(7)

is not a dangerous waste, if the waste no longer exhibits any

characteristic of dangerous waste identified in WAC 173-

303-090 or any criteria identified in WAC 173-303-100.

(ii) The exclusion described in (c)(i) of this subsection

also pertains to:

(A) Any solid waste generated from treating, storing, or

disposing of a dangerous waste listed in WAC 173-303-

081(1) or 173-303-082(1) solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under (a) and (b) of this section.

(B) Wastes excluded under this section are subject to 40

CFR Part 268, which is incorporated by reference at WAC

173-303-140 (2)(a) (as applicable), even if they no longer

exhibit a characteristic at the point of land disposal.

(3) Designation procedures.

(a) To determine whether or not a solid waste is designated as a dangerous waste a person must:

(i) First, determine if the waste is a listed discarded

chemical product, WAC 173-303-081;

(ii) Second, determine if the waste is a listed dangerous

waste source, WAC 173-303-082;

(iii) Third, if the waste is not listed in WAC 173-303-081

or 173-303-082, or for the purposes of compliance with the

federal land disposal restrictions as adopted by reference in

WAC 173-303-140, determine if the waste exhibits any dangerous waste characteristics, WAC 173-303-090; and

(iv) Fourth, if the waste is not listed in WAC 173-303-

081 or 173-303-082, and does not exhibit a characteristic in

WAC 173-303-090, determine if the waste meets any dangerous waste criteria, WAC 173-303-100.

(b) A person must check each section, in the order set

forth, until they determine whether the waste is designated as

a dangerous waste. Once the waste is determined to be a dangerous waste, further designation is not required except as

required by subsection (4) or (5) of this section. If a person

has checked the waste against each section and the waste is

not designated, then the waste is not subject to the requirements of chapter 173-303 WAC.

Any person who wishes to seek an exemption for a waste

which has been designated DW or EHW must comply with

the requirements of WAC 173-303-072.

(c) For the purpose of determining if a solid waste is a

dangerous waste as identified in WAC 173-303-080 through

173-303-100, a person must either:

(i) Test the waste according to the methods, or an

approved equivalent method, set forth in WAC 173-303-110;

or

(ii) Apply knowledge of the waste in light of the materials or the process used, when:

(A) Such knowledge can be demonstrated to be sufficient for determining whether or not it designated and/or designated properly; and

(B) All data and records supporting this determination in

accordance with WAC 173-303-210(3) are retained on-site.

(4) Testing required. Notwithstanding any other provisions of this chapter, the department may require any person

to test a waste according to the methods, or an approved

equivalent method, set forth in WAC 173-303-110 to determine whether or not the waste is designated under the dangerous waste lists, characteristics, or criteria, WAC 173-303-080

through 173-303-100. Such testing may be required if the

department has reason to believe that the waste would be designated DW or EHW by the dangerous waste lists, characteristics, or criteria, or if the department has reason to believe

that the waste is designated improperly (e.g., the waste has

been designated DW but should actually be designated

EHW). If a person, pursuant to the requirements of this subsection, determines that the waste is a dangerous waste or that

its designation must be changed, then they are subject to the
173-303-070 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 20] (6/30/09)

applicable requirements of this chapter 173-303 WAC. The

department will base a requirement to test a waste on evidence that includes, but is not limited to:

(a) Test information indicating that the person's waste

may be DW or EHW;

(b) Evidence that the person's waste is very similar to

another persons' already designated DW or EHW;

(c) Evidence that the persons' waste has historically been

a DW or EHW; 

(d) Evidence or information about a person's manufacturing materials or processes which indicate that the wastes

may be DW or EHW; or

(e) Evidence that the knowledge or test results a person

has regarding a waste is not sufficient for determining

whether or not it designated and/or designated properly.

(5) Additional designation required. A generator must

manage dangerous waste under the most stringent management standards that apply. The following subsections

describe how waste that has been designated as DW under the

dangerous waste lists, WAC 173-303-080 through 173-303-

082, or characteristics, WAC 173-303-090, or in the case of

(c) of this subsection, under the lists, characteristics, or criteria, must be further designated under the dangerous waste criteria, WAC 173-303-100. This further designation under the

criteria is necessary because it may change how the waste

must be managed. Additional designation is required when:

(a) The waste is designated as DW with a QEL of 220

pounds and the generator otherwise qualifies as a small quantity generator. In this case, a generator must determine if their

DW is also designated as a toxic EHW, WAC 173-303-100,

with a QEL of 2.2 pounds; or

(b) The waste is designated as DW and the waste is to be

discharged to a POTW operating under WAC 173-303-

802(4) (Permits by rule). In this case, a generator must determine if the waste is also an EHW under WAC 173-303-100;

or

(c) The waste is designated as a state-only DW and the

waste is to be:

(i) Burned for energy recovery, as used oil, under the

provisions of WAC 173-303-515; or

(ii) Land disposed within the state. In this case, a generator must determine if the waste is also an EHW under WAC

173-303-100.

(6) Dangerous waste numbers. When a person is reporting or keeping records on a dangerous waste, they must use

all the dangerous waste numbers which they know are assignable to the waste from the dangerous waste lists, characteristics, or criteria. For example, if the waste is ignitable and contains more than 5 mg/l leachable lead when tested for the toxicity characteristic, they must use the dangerous waste

numbers of D001 and D008. This will not be construed as

requiring a person to designate their waste beyond those designation requirements set forth in subsections (2), (3), (4),

and (5) of this section.

(7) Quantity exclusion limits; aggregated waste quantities.

(a) Quantity exclusion limits. In each of the designation

sections describing the lists, characteristics, and criteria,

quantity exclusion limits (QEL) are identified. The QEL are

used to distinguish when a dangerous waste is only subject to

the small quantity generator provisions, and when a dangerous waste is subject to the full requirements of this chapter.

Any solid waste which is not excluded or exempted and

which is listed by or exhibits the characteristics or meets the

criteria of this chapter is a dangerous waste. Small quantity

generators who produce dangerous waste below the QEL are

subject to the requirements described in subsection (8) of this

section.

(b) Aggregated waste quantities. A person may be generating, accumulating, or storing more than one kind of dangerous waste. In such cases, they must consider the aggregate

quantity of their wastes when determining whether or not

their waste amounts exceed the specific limits for waste accumulation or the specific quantity exclusion limits (QEL) for

waste generation. Waste quantities must be aggregated for all

wastes with common QEL's. Example: If a person generates

100 pounds of an ignitable waste and 130 pounds of a persistent waste, then both wastes are regulated because their

aggregate waste quantity (230 pounds) exceeds their common QEL of 220 pounds. On the other hand, if a person generates one pound of a toxic EHW and 218 pounds of a corrosive waste, their quantities would not be aggregated because

they do not share a common QEL (2.2 pounds and 220

pounds, respective QEL's). (Note: In order to remain a small

quantity generator, the total quantity of dangerous waste generated in one month, all DW and EHW regardless of their

QELs, must not equal or exceed 220 pounds. Not more than

2.2 pounds of a waste with a 2.2 pound QEL may be part of

that total.)

(c) When making the quantity determinations of this subsection and WAC 173-303-170 through 173-303-230, generators must include all dangerous wastes they generate, except

dangerous waste that:

(i) Is exempt from regulation under WAC 173-303-071;

or

(ii) Is recycled under WAC 173-303-120 (2)(a), (3)(c),

(e), (h) or (5); or

(iii) Is managed in accordance with WAC 173-303-

802(5) immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or

totally enclosed treatment facilities as defined in WAC 173-

303-040; or

(iv) Is recycled, without prior storage or accumulation,

only in an on-site process subject to regulation under WAC

173-303-120 (4)(a); or

(v) Is spent lead-acid batteries managed under the

requirements of WAC 173-303-120 (3)(f) and 173-303-520;

or

(vi) Is universal waste managed under WAC 173-303-

077 and 173-303-573.

(d) In determining the quantity of dangerous waste generated, a generator need not include:

(i) Dangerous waste when it is removed from on-site

storage; or

(ii) Reserve; or

(iii) Spent materials that are generated, reclaimed, and

subsequently reused on-site, as long as such spent materials

have been counted once (Note: If after treatment or reclamation a residue is generated with a different waste code(s), that

residue must be counted); or

(iv) The container holding/containing the dangerous

waste as described under WAC 173-303-160(1).
Dangerous Waste Regulations 173-303-071

(6/30/09) [Ch. 173-303 WACóp. 21]

(8) Small quantity generators.

(a) A person is a small quantity generator and subject to

the requirements of this subsection if:

(i) Their waste is dangerous waste under subsection (3)

of this section, and the quantity of waste generated per month

(or the aggregated quantity if more than one kind of waste is

generated) does not equal or exceed the quantity exclusion

limit (QEL) for such waste (or wastes) as described in WAC

173-303-070(7); and

(ii) The quantity accumulated or stored does not exceed

2200 pounds for wastes with a 220 pound QEL and 2.2

pounds for waste with a 2.2 pound QEL. (Exception: The

accumulation limit for the acute hazardous wastes described

in WAC 173-303-081 (2)(iv) and 173-303-082 (2)(b) is 220

lbs); and

(iii) The total quantity of dangerous waste generated in

one month, all DW and EHW regardless of their QELs, does

not equal or exceed 220 pounds. If a person generates any

dangerous wastes that exceed the QEL or accumulates or

stores waste that exceeds the accumulation limits, then all

dangerous waste generated, accumulated, or stored by that

person is subject to the requirements of this chapter. A small

quantity generator who generates in excess of the quantity

exclusion limits or, accumulates, or stores waste in excess of

the accumulation limits becomes subject to the full requirements of this chapter and cannot again be a small quantity

generator until after all dangerous waste on-site at the time he

or she became fully regulated have been removed, treated, or

disposed.

Example. If a person generates four pounds of an acute

hazardous waste discarded chemical product (QEL is 2.2

pounds) and 200 pounds of an ignitable waste (QEL is 220

pounds), then both wastes are fully regulated, and the person

is not a small quantity generator for either waste.

(Comment: If a generator generates acute hazardous

waste in a calendar month in quantities greater than the

QELs, all quantities of that acute hazardous waste are subject

to full regulation under this chapter. "Full regulation" means

the regulations applicable to generators of greater than 2200

pounds of dangerous wastes in a calendar month.)

(b) Small quantity generators will not be subject to the

requirements of this chapter if they:

(i) Designate their waste in accordance with WAC 173-

303-070; and

(ii) Manage their waste in a way that does not pose a

potential threat to human health or the environment; and

(iii) Either treat or dispose of their dangerous waste in an

on-site facility, or ensure delivery to an off-site facility, either

of which, if located in the United States, is:

(A) Permitted (including permit-by-rule, interim status,

or final status) under WAC 173-303-800 through 173-303-

840;

(B) Authorized to manage dangerous waste by another

state with a hazardous waste program approved under 40

CFR Part 271, or by EPA under 40 CFR Part 270;

(C) Permitted to manage moderate-risk waste under

chapter 173-350 WAC (Solid waste handling standards),

operated in accordance with state and local regulations, and

consistent with the applicable local hazardous waste plan that

has been approved by the department;

(D) A facility that beneficially uses or reuses, or legitimately recycles or reclaims the dangerous waste, or that

treats the waste prior to such recycling activities; 

(E) Permitted, licensed, or registered to manage municipal solid waste and, if managed in a municipal solid waste

landfill is subject to 40 CFR Part 258 or chapter 173-351

WAC;

(F) Permitted, licensed, or registered by a state to manage nonmunicipal nonhazardous waste and, if managed in a

nonmunicipal nonhazardous waste disposal unit after January

1, 1998, is subject to the requirements in 40 CFR 257.5

through 257.30;

(G) A publicly owned treatment works (POTW): Provided, That small quantity generator(s) comply with the provisions of the domestic sewage exclusion found in WAC

173-303-071 (3)(a); or

(H) For universal waste managed under WAC 173-303-

573, a universal waste handler or destination facility subject

to the requirements of WAC 173-303-573; and

(iv) Submit an annual report in accordance with WAC

173-303-220 if they have obtained an EPA/state identification number pursuant to WAC 173-303-060.

(c) If a small quantity generator's wastes are mixed with

used oil, the mixture is subject to WAC 173-303-510 if it is

destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other

treatment is also so regulated if it is destined to be burned for

energy recovery.

(d) If a small quantity generator's used oil is to be recycled by being burned for energy recovery or re-refined, the

used oil is subject to WAC 173-303-515.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-070, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-070, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-070, 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), ß 173-303-070, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-070, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-070, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-070, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 93-02-050 (Order 92-32), ß 173-303-

070, filed 1/5/93, effective 2/5/93. Statutory Authority: Chapters 70.105 and

70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-

07-005 (Order 90-42), ß 173-303-070, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-

070, filed 1/4/89; 87-14-029 (Order DE-87-4), ß 173-303-070, filed 6/26/87;

86-12-057 (Order DE-85-10), ß 173-303-070, filed 6/3/86; 84-14-031 (Order

DE 84-22), ß 173-303-070, filed 6/27/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

070, filed 2/10/82.]

173-303-071 WAC 173-303-071 Excluded categories of waste. (1)

Purpose. Certain categories of waste have been excluded

from the requirements of chapter 173-303 WAC, except for

WAC 173-303-050, because they generally are not dangerous waste, are regulated under other state and federal programs, or are recycled in ways which do not threaten public

health or the environment. WAC 173-303-071 describes

these excluded categories of waste.

(2) Excluding wastes. Any persons who generate a common class of wastes and who seek to categorically exclude

such class of wastes from the requirements of this chapter
173-303-071 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 22] (6/30/09)

must comply with the applicable requirements of WAC 173-

303-072. No waste class will be excluded if any of the wastes

in the class are regulated as hazardous waste under 40 CFR

Part 261.

(3) Exclusions. The following categories of waste are

excluded from the requirements of chapter 173-303 WAC,

except for WAC 173-303-050, 173-303-145, and 173-303-

960, and as otherwise specified:

(a)(i) Domestic sewage; and

(ii) Any mixture of domestic sewage and other wastes

that passes through a sewer system to a publicly owned treatment works (POTW) for treatment provided:

(A) The generator or owner/operator has obtained a state

waste discharge permit issued by the department, a temporary

permit obtained pursuant to RCW 90.48.200, or pretreatment

permit (or written discharge authorization) from a local sewage utility delegated pretreatment program responsibilities

pursuant to RCW 90.48.165;

(B) The waste discharge is specifically authorized in a

state waste discharge permit, pretreatment permit or written

discharge authorization, or in the case of a temporary permit

the waste is accurately described in the permit application;

(C) The waste discharge is not prohibited under 40 CFR

Part 403.5; and

(D) The waste prior to mixing with domestic sewage

must not exhibit dangerous waste characteristics for ignitability, corrosivity, reactivity, or toxicity as defined in WAC

173-303-090, and must not meet the dangerous waste criteria

for toxic dangerous waste or persistent dangerous waste

under WAC 173-303-100, unless the waste is treatable in the

publicly owned treatment works (POTW) where it will be

received. This exclusion does not apply to the generation,

treatment, storage, recycling, or other management of dangerous wastes prior to discharge into the sanitary sewage system;

(b) Industrial wastewater discharges that are pointsource discharges subject to regulation under Section 402 of

the Clean Water Act. This exclusion does not apply to the

collection, storage, or treatment of industrial waste-waters

prior to discharge, nor to sludges that are generated during

industrial wastewater treatment. Owners or operators of certain wastewater treatment facilities managing dangerous

wastes may qualify for a permit-by-rule pursuant to WAC

173-303-802(5);

(c) Household wastes, including household waste that

has been collected, transported, stored, or disposed. Wastes

that are residues from or are generated by the management of

household wastes (e.g., leachate, ash from burning of refusederived fuel) are not excluded by this provision. "Household

wastes" means any waste material (including, but not limited

to, garbage, trash, and sanitary wastes in septic tanks) derived

from households (including single and multiple residences,

hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation

areas). A resource recovery facility managing municipal

solid waste will not be deemed to be treating, storing, disposing of, or otherwise managing dangerous wastes for the purposes of regulation under this chapter, if such facility: 

(i) Receives and burns only:

(A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and

(B) Solid waste from commercial or industrial sources

that does not contain dangerous waste; and 

(ii) Such facility does not accept dangerous wastes and

the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that dangerous wastes are not

received at or burned in such facility;

(d) Agricultural crops and animal manures which are

returned to the soil as fertilizers;

(e) Asphaltic materials designated only for the presence

of PAHs by WAC 173-303-100(6). For the purposes of this

exclusion, asphaltic materials means materials that have been

used for structural and construction purposes (e.g., roads,

dikes, paving) that were produced from mixtures of oil and

sand, gravel, ash or similar substances;

(f) Roofing tars and shingles, except that these wastes are

not excluded if mixed with wastes listed in WAC 173-303-

081 or 173-303-082, or if they exhibit any of the characteristics specified in WAC 173-303-090;

(g) Treated wood waste and wood products including:

(i) Arsenical-treated wood that fails the test for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste

numbers D004 through D017 only) or that fails any state criteria, if the waste is generated by persons who utilize the

arsenical-treated wood for the materials' intended end use.

Intended end use means the wood products must have been

used in typical treated wood applications (for example, fence

posts, decking, poles, and timbers).

(ii) Wood treated with other preservatives provided such

treated wood and wood waste (for example, sawdust and

shavings) are, within one hundred eighty days after becoming

waste:

(A) Disposed of at a landfill that is permitted in accordance with chapter 173-350 WAC, Solid waste handling

standards, or chapter 173-351 WAC, criteria for municipal

solid waste landfills, and provided that such wood is neither a

listed waste under WAC 173-303-9903 and 173-303-9904

nor a TCLP waste under WAC 173-303-090(8); or

(B) Sent to a facility that will legitimately treat or recycle

the treated wood waste, and manage any residue in accordance with that state's dangerous waste regulations; or

(C) Sent off-site to a permitted TSD facility or placed in

an on-site facility which is permitted by the department under

WAC 173-303-800 through 173-303-845. In addition, creosote-treated wood is excluded when burned for energy recovery in an industrial furnace or boiler that has an order of

approval issued pursuant to RCW 70.94.152 by ecology or a

local air pollution control authority to burn creosote treated

wood.

(h) Irrigation return flows;

(i) Reserve;

(j) Mining overburden returned to the mining site;

(k) Polychlorinated biphenyl (PCB) wastes:

(i) PCB wastes whose disposal is regulated by EPA

under 40 CFR 761.60 (Toxic Substances Control Act) and

that are dangerous either because:

(A) They fail the test for toxicity characteristic (WAC

173-303-090(8), Dangerous waste codes D018 through D043

only); or

(B) Because they are designated only by this chapter and

not designated by 40 CFR Part 261, are exempt from regula-
Dangerous Waste Regulations 173-303-071

(6/30/09) [Ch. 173-303 WACóp. 23]

tion under this chapter except for WAC 173-303-505 through

173-303-525, 173-303-960, those sections specified in subsection (3) of this section, and 40 CFR Part 266;

(ii) Wastes that would be designated as dangerous waste

under this chapter solely because they are listed as WPCB

under WAC 173-303-9904 when such wastes are stored and

disposed in a manner equivalent to the requirements of 40

CFR Part 761 Subpart D for PCB concentrations of 50 ppm

or greater.

(l) Samples:

(i) Except as provided in (l)(ii) of this subsection, a sample of solid waste or a sample of water, soil, or air, which is

collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements

of this chapter, when:

(A) The sample is being transported to a lab for testing or

being transported to the sample collector after testing; or

(B) The sample is being stored by the sample collector

before transport, by the laboratory before testing, or by the

laboratory after testing prior to return to the sample collector;

or

(C) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until

conclusion of a court case or enforcement action).

(ii) In order to qualify for the exemptions in (l)(i) of this

subsection, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector

must:

(A) Comply with United States Department of Transportation (DOT), United States Postal Service (USPS), or any

other applicable shipping requirements; or

(B) Comply with the following requirements if the sample collector determines that DOT or USPS, or other shipping

requirements do not apply:

(I) Assure that the following information accompanies

the sample:

(AA) The sample collector's name, mailing address, and

telephone number;

(BB) The laboratory's name, mailing address, and telephone number;

(CC) The quantity of the sample;

(DD) The date of shipment;

(EE) A description of the sample; and

(II) Package the sample so that it does not leak, spill, or

vaporize from its packaging.

(iii) This exemption does not apply if the laboratory

determines that the waste is dangerous but the laboratory is

no longer meeting any of the conditions stated in (l)(i) of this

subsection;

(m) Reserve;

(n) Dangerous waste generated in a product or raw material storage tank, a product or raw material transport vehicle

or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated nonwaste-treatment-manufacturing unit until it exits the unit in which it was generated. This exclusion does not apply to surface impoundments,

nor does it apply if the dangerous waste remains in the unit

more than ninety days after the unit ceases to be operated for

manufacturing, or for storage or transportation of product or

raw materials;

(o) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry

(NAICS codes 331111 and 332111), except that these wastes

are not excluded if they exhibit one or more of the dangerous

waste criteria (WAC 173-303-100) or characteristics (WAC

173-303-090);

(p) Wastes from burning any of the materials exempted

from regulation by WAC 173-303-120 (2)(a)(vii) and (viii).

These wastes are not excluded if they exhibit one or more of

the dangerous waste characteristics or criteria;

(q) As of January 1, 1987, secondary materials that are

reclaimed and returned to the original process or processes in

which they were generated where they are reused in the production process provided:

(i) Only tank storage is involved, and the entire process

through completion of reclamation is closed by being entirely

connected with pipes or other comparable enclosed means of

conveyance;

(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or

incinerators);

(iii) The secondary materials are never accumulated in

such tanks for over twelve months without being reclaimed;

(iv) The reclaimed material is not used to produce a fuel,

or used to produce products that are used in a manner constituting disposal; and

(v) A generator complies with the requirements of chapter 173-303 WAC for any residues (e.g., sludges, filters, etc.)

produced from the collection, reclamation, and reuse of the

secondary materials.

(r) Treatability study samples.

(i) Except as provided in (r)(ii) of this subsection, persons who generate or collect samples for the purpose of conducting treatability studies as defined in WAC 173-303-040

are not subject to the requirements of WAC 173-303-180,

173-303-190, and 173-303-200 (1)(a), nor are such samples

included in the quantity determinations of WAC 173-303-

070 (7) and (8) and 173-303-201 when:

(A) The sample is being collected and prepared for transportation by the generator or sample collector; or

(B) The sample is being accumulated or stored by the

generator or sample collector prior to transportation to a laboratory or testing facility; or

(C) The sample is being transported to the laboratory or

testing facility for the purpose of conducting a treatability

study; or

(D) The sample or waste residue is being transported

back to the original generator from the laboratory or testing

facility.

(ii) The exemption in (r)(i) of this subsection is applicable to samples of dangerous waste being collected and

shipped for the purpose of conducting treatability studies provided that:

(A) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated

with nonacute dangerous waste, 1000 kg of nonacute dangerous waste other than contaminated media, 1 kg of acutely

hazardous waste, 2500 kg of media contaminated with

acutely hazardous waste for each process being evaluated for

each generated waste stream; and
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[Ch. 173-303 WACóp. 24] (6/30/09)

(B) The mass of each sample shipment does not exceed

10,000 kg; the 10,000 kg quantity may be all media contaminated with nonacute dangerous waste or may include 2500 kg

of media contaminated with acute hazardous waste, 1000 kg

of dangerous waste, and 1 kg of acutely hazardous waste; and

(C) The sample must be packaged so that it will not leak,

spill, or vaporize from its packaging during shipment and the

requirements of (r)(ii)(C)(I) or (II) of this subsection are met.

(I) The transportation of each sample shipment complies

with United States Department of Transportation (DOT),

United States Postal Service (USPS), or any other applicable

shipping requirements; or

(II) If the DOT, USPS, or other shipping requirements do

not apply to the shipment of the sample, the following information must accompany the sample:

(AA) The name, mailing address, and telephone number

of the originator of the sample;

(BB) The name, address, and telephone number of the

laboratory or testing facility that will perform the treatability

study;

(CC) The quantity of the sample;

(DD) The date of shipment; and

(EE) A description of the sample, including its dangerous waste number.

(D) The sample is shipped, within ninety days of being

generated or of being taken from a stream of previously generated waste, to a laboratory or testing facility which is

exempt under (s) of this subsection or has an appropriate final

facility permit or interim status; and

(E) The generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:

(I) Copies of the shipping documents;

(II) A copy of the contract with the facility conducting

the treatability study;

(III) Documentation showing:

(AA) The amount of waste shipped under this exemption;

(BB) The name, address, and EPA/state identification

number of the laboratory or testing facility that received the

waste;

(CC) The date the shipment was made; and

(DD) Whether or not unused samples and residues were

returned to the generator.

(F) The generator reports the information required under

(r)(ii)(E)(III) of this subsection in its annual report.

(iii) The department may grant requests, on a case-bycase basis, for up to an additional two years for treatability

studies involving bioremediation. The department may grant

requests on a case-by-case basis for quantity limits in excess

of those specified in (r)(ii)(A) and (B) of this subsection and

(s)(iv) of this subsection, for up to an additional 5000 kg of

media contaminated with nonacute dangerous waste, 500 kg

of nonacute dangerous waste, 1 kg of acute hazardous waste,

and 2500 kg of media contaminated with acute hazardous

waste or for up to an additional 10,000 kg of wastes regulated

only by this chapter and not regulated by 40 CFR Part 261, to

conduct further treatability study evaluation:

(A) In response to requests for authorization to ship,

store and conduct treatability studies on additional quantities

in advance of commencing treatability studies. Factors to be

considered in reviewing such requests include the nature of

the technology, the type of process, (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material

required to reach steady state operating conditions, or test

design considerations such as mass balance calculations.

(B) In response to requests for authorization to ship,

store, and conduct treatability studies on additional quantities

after initiation or completion of initial treatability studies,

when:

There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify

the results of previously conducted treatability study; there is

a need to study and analyze alternative techniques within a

previously evaluated treatment process; or there is a need to

do further evaluation of an ongoing treatability study to

determine final specifications for treatment.

(C) The additional quantities and time frames allowed in

(r)(iii)(A) and (B) of this subsection are subject to all the provisions in (r)(i) and (r)(ii)(C) through (F) of this subsection.

The generator or sample collector must apply to the department where the sample is collected and provide in writing the

following information:

(I) The reason the generator or sample collector requires

additional time or quantity of sample for the treatability study

evaluation and the additional time or quantity needed;

(II) Documentation accounting for all samples of dangerous waste from the waste stream which have been sent for

or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity

of each previous shipment, the laboratory or testing facility to

which it was shipped, what treatability study processes were

conducted on each sample shipped, and the available results

of each treatability study;

(III) A description of the technical modifications or

change in specifications which will be evaluated and the

expected results;

(IV) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and

also include what procedures or equipment improvements

have been made to protect against further breakdowns; and

(V) Such other information that the department considers necessary.

(s) Samples undergoing treatability studies at laboratories and testing facilities. Samples undergoing treatability

studies and the laboratory or testing facility conducting such

treatability studies (to the extent such facilities are not otherwise subject to chapter 70.105 RCW) are not subject to the

requirements of this chapter, except WAC 173-303-050, 173-

303-145, and 173-303-960 provided that the conditions of

(s)(i) through (xiii) of this subsection are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to

(s)(i) through (xiii) of this subsection. Where a group of

MTUs are located at the same site, the limitations specified in

(s)(i) through (xiii) of this subsection apply to the entire

group of MTUs collectively as if the group were one MTU.

(i) No less than forty-five days before conducting treatability studies the laboratory or testing facility notifies the

department in writing that it intends to conduct treatability

studies under this subsection.
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(6/30/09) [Ch. 173-303 WACóp. 25]

(ii) The laboratory or testing facility conducting the

treatability study has an EPA/state identification number.

(iii) No more than a total of 10,000 kg of "as received"

media contaminated with nonacute dangerous waste, 2500 kg

of media contaminated with acute hazardous waste or 250 kg

of other "as received" dangerous waste is subject to initiation

of treatment in all treatability studies in any single day. "As

received" waste refers to the waste as received in the shipment from the generator or sample collector.

(iv) The quantity of "as received" dangerous waste

stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can

include 10,000 kg of media contaminated with nonacute dangerous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of nonacute dangerous wastes other

than contaminated media, and 1 kg of acutely hazardous

waste. This quantity limitation does not include treatment

materials (including nondangerous solid waste) added to "as

received" dangerous waste.

(v) No more than ninety days have elapsed since the

treatability study for the sample was completed, or no more

than one year (two years for treatability studies involving

bioremediation) has elapsed since the generator or sample

collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies

may be archived for future evaluation up to five years from

the date of initial receipt. Quantities of materials archived are

counted against the total storage limit for the facility.

(vi) The treatability study does not involve the placement

of dangerous waste on the land or open burning of dangerous

waste.

(vii) The laboratory or testing facility maintains records

for three years following completion of each study that show

compliance with the treatment rate limits and the storage time

and quantity limits. The following specific information must

be included for each treatability study conducted:

(A) The name, address, and EPA/state identification

number of the generator or sample collector of each waste

sample;

(B) The date the shipment was received;

(C) The quantity of waste accepted;

(D) The quantity of "as received" waste in storage each

day;

(E) The date the treatment study was initiated and the

amount of "as received" waste introduced to treatment each

day;

(F) The date the treatability study was concluded;

(G) The date any unused sample or residues generated

from the treatability study were returned to the generator or

sample collector or, if sent to a designated TSD facility, the

name of the TSD facility and its EPA/state identification

number.

(viii) The laboratory or testing facility keeps, on-site, a

copy of the treatability study contract and all shipping papers

associated with the transport of treatability study samples to

and from the facility for a period ending three years from the

completion date of each treatability study.

(ix) The laboratory or testing facility prepares and submits a report to the department by March 15 of each year that

estimates the number of studies and the amount of waste

expected to be used in treatability studies during the current

year, and includes the following information for the previous

calendar year:

(A) The name, address, and EPA/state identification

number of the laboratory or testing facility conducting the

treatability studies;

(B) The types (by process) of treatability studies conducted;

(C) The names and addresses of persons for whom studies have been conducted (including their EPA/state identification numbers); 

(D) The total quantity of waste in storage each day;

(E) The quantity and types of waste subjected to treatability studies;

(F) When each treatability study was conducted;

(G) The final disposition of residues and unused sample

from each treatability study.

(x) The laboratory or testing facility determines whether

any unused sample or residues generated by the treatability

study are dangerous waste under WAC 173-303-070 and if

so, are subject to the requirements of this chapter, unless the

residues and unused samples are returned to the sample originator under the exemption in (r) of this subsection.

(xi) The laboratory or testing facility notifies the department by letter when it is no longer planning to conduct any

treatability studies at the site.

(xii) The date the sample was received, or if the treatability study has been completed, the date of the treatability

study, is marked and clearly visible for inspection on each

container.

(xiii) While being held on site, each container and tank is

labeled or marked clearly with the words "dangerous waste"

or "hazardous waste." Each container or tank must also be

marked with a label or sign which identifies the major risk(s)

associated with the waste in the container or tank for employees, emergency response personnel and the public.

Note: If there is already a system in use that performs this function in accordance with local, state, or federal regulations,

then such system will be adequate.

(t) Petroleum-contaminated media and debris that fail

the test for the toxicity characteristic of WAC 173-303-

090(8) (dangerous waste numbers D018 through D043 only)

and are subject to the corrective action regulations under 40

CFR Part 280.

(u) Special incinerator ash (as defined in WAC 173-303-

040).

(v) Wood ash that would designate solely for corrosivity

by WAC 173-303-090 (6)(a)(iii). For the purpose of this

exclusion, wood ash means ash residue and emission control

dust generated from the combustion of untreated wood, wood

treated solely with creosote, and untreated wood fiber materials including, but not limited to, wood chips, saw dust, tree

stumps, paper, cardboard, residuals from waste fiber recycling, deinking rejects, and associated wastewater treatment

solids. This exclusion allows for the use of auxiliary fuels

including, but not limited to, oils, gas, coal, and other fossil

fuels in the combustion process.

(w)(i) Spent wood preserving solutions that have been

reclaimed and are reused for their original intended purpose;

and
173-303-071 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 26] (6/30/09)

(ii) Wastewaters from the wood preserving process that

have been reclaimed and are reused to treat wood.

(iii) Prior to reuse, the wood preserving wastewaters and

spent wood preserving solutions described in (w)(i) and (ii)

of this subsection, so long as they meet all of the following

conditions:

(A) The wood preserving wastewaters and spent wood

preserving solutions are reused on-site at water borne plants

in the production process for their original intended purpose;

(B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either

land or ground water or both;

(C) Any unit used to manage wastewaters and/or spent

wood preserving solutions prior to reuse can be visually or

otherwise determined to prevent such releases;

(D) Any drip pad used to manage the wastewaters and/or

spent wood preserving solutions prior to reuse complies with

the standards in Part 265, Subpart W which is incorporated

by reference at WAC 173-303-400 (3)(a), regardless of

whether the plant generates a total of less than 220

pounds/month of dangerous waste; and

(E) Prior to operating pursuant to this exclusion, the

plant owner or operator submits to the department a one-time

notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an

exclusion for wood preserving wastewaters and spent wood

preserving solutions and understand it requires me to comply

at all times with the conditions set out in the regulation." The

plant must maintain a copy of that document in its on-site

records for a period of no less than three years from the date

specified in the notice. The exclusion applies only so long as

the plant meets all of the conditions. If the plant goes out of

compliance with any condition, it may apply to the department for reinstatement. The department may reinstate the

exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to

recur.

(F) Additional reports.

(I) Upon determination by the department that the storage of wood preserving wastewaters and spent wood preserving solutions in tanks and/or containers poses a threat to public health or the environment, the department may require the

owner/operator to provide additional information regarding

the integrity of structures and equipment used to store wood

preserving wastewaters and spent wood preserving solutions.

This authority applies to tanks and secondary containment

systems used to store wood preserving wastewaters and spent

wood preserving solutions in tanks and containers. The

department's determination of a threat to public health or the

environment may be based upon observations of factors that

would contribute to spills or releases of wood preserving

wastewaters and spent wood preserving solutions or the generation of hazardous by-products. Such observations may

include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of

joints), inability to completely inspect tanks or structures, or

concerns about the age or design specification of tanks.

(II) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of

tanks or secondary containment systems.

(III) Requirement for facility repairs and improvements.

If, upon evaluation of information obtained by the department under (w)(iii)(F)(I) of this subsection, it is determined

that repairs or structural improvements are necessary in order

to eliminate threats, the department may require the

owner/operator to discontinue the use of the tank system or

container storage unit and remove the wood preserving

wastewaters and spent wood preserving solutions until such

repairs or improvements are completed and approved by the

department.

(x) Nonwastewater splash condenser dross residue from

the treatment of K061 in high temperature metals recovery

units, provided it is shipped in drums (if shipped) and not

land disposed before recovery.

(y) Used oil filters that are recycled in accordance with

WAC 173-303-120, as used oil and scrap metal.

(z) Used oil re-refining distillation bottoms that are used

as feedstock to manufacture asphalt products.

(aa)(i) Wastes that fail the test for the toxicity characteristic in WAC 173-303-090 because chromium is present or

are listed in WAC 173-303-081 or 173-303-082 due to the

presence of chromium. The waste must not designate for any

other characteristic under WAC 173-303-090, for any of the

criteria specified in WAC 173-303-100, and must not be

listed in WAC 173-303-081 or 173-303-082 due to the presence of any constituent from WAC 173-303-9905 other than

chromium. The waste generator must be able to demonstrate

that:

(A) The chromium in the waste is exclusively (or nearly

exclusively) trivalent chromium; and

(B) The waste is generated from an industrial process

that uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

(C) The waste is typically and frequently managed in

nonoxidizing environments.

(ii) Specific wastes which meet the standard in

(aa)(i)(A), (B), and (C) of this subsection (so long as they do

not fail the test for the toxicity characteristic for any other

constituent, and do not exhibit any other characteristic) are:

(A) Chrome (blue) trimmings generated by the following

subcategories of the leather tanning and finishing industry:

Hair pulp/chrome tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no beamhouse;

through-the-blue; and shearling.

(B) Chrome (blue) shavings generated by the following

subcategories of the leather tanning and finishing industry:

Hair pulp/chrome tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no beamhouse;

through-the-blue; and shearling.

(C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: Hair

pulp/chrome tan/retan/wet finish; hair save/chrome

tan/retan/wet finish; retan/wet finish; no beamhouse;

through-the-blue.

(D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair

pulp/chrome tan/retan/wet finish; hair save/chrome
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(6/30/09) [Ch. 173-303 WACóp. 27]

tan/retan/wet finish; retan/wet finish; no beamhouse;

through-the-blue; and shearling.

(E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing

industry: Hair pulp/chrome tan/retan/wet finish; hair

save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing

industry: Hair pulp/chrome tan/retan/wet finish; hair

save/chrome tan/retan/wet finish; and through-the-blue.

(G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.

(H) Wastewater treatment sludges from the production

of TiO2 pigment using chromium-bearing ores by the chloride process.

(bb)(i) Nonwastewater residues, such as slag, resulting

from high temperature metals recovery (HTMR) processing

of K061, K062 or F006 waste, in units identified as rotary

kilns, flame reactors, electric furnaces, plasma arc furnaces,

slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in WAC 173-303-040

- blast furnaces, smelting, melting and refining furnaces, and

other devices the department may add to the list - of the definition for "industrial furnace"), that are disposed in subtitle D

units, provided that these residues meet the generic exclusion

levels identified in the tables in this paragraph for all constituents, and exhibit no characteristics of dangerous waste.

Testing requirements must be incorporated in a facility's

waste analysis plan or a generator's self-implementing waste

analysis plan; at a minimum, composite samples of residues

must be collected and analyzed quarterly and/or when the

process or operation generating the waste changes. Persons

claiming this exclusion in an enforcement action will have

the burden of proving by clear and convincing evidence that

the material meets all of the exclusion requirements.

(ii) A one-time notification and certification must be

placed in the facility's files and sent to the department for

K061, K062 or F006 HTMR residues that meet the generic

exclusion levels for all constituents and do not exhibit any

characteristics that are sent to subtitle D units. The notification and certification that is placed in the generator's or

treater's files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need

only notify the department on an annual basis if such changes

occur. Such notification and certification should be sent to

the department by the end of the calendar year, but no later

than December 31. The notification must include the following information: The name and address of the subtitle D unit

receiving the waste shipments; the dangerous waste number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at

the initial point of generation. The certification must be

signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of dangerous

waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." These wastes are not

excluded if they exhibit one or more of the dangerous waste

characteristics (WAC 173-303-090) or criteria (WAC 173-

303-100).

(cc)(i) Oil-bearing hazardous secondary materials (that

is, sludges, by-products, or spent materials) that are generated

at a petroleum refinery (NAICS code 324110) and are

inserted into the petroleum refining process (NAICS code

324110 - including, but not limited to, distillation, catalytic

cracking, fractionation, or thermal cracking units (that is,

cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials

inserted into thermal cracking units are excluded under this

paragraph: Provided, That the coke product also does not

exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same

petroleum refinery where they are generated, or sent directly

to another petroleum refinery, and still be excluded under this

provision. Except as provided in (cc)(ii) of this subsection,

oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (that is, from sources other

than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph, where such materials as

Maximum for any single

Constituent composite sample-TCLP (mg/l)

Generic exclusion levels for K061

and K062 nonwastewater HTMR residues

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

(2)Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

Generic exclusion levels for

F006 nonwastewater HTMR residues

Antimony 0.10

Arsenic 0.50

Barium 7.6

Beryllium 0.010

Cadmium 0.050

Chromium (total) 0.33

Cyanide (total) (mg/kg) 1.8

Lead 0.15

Mercury 0.009

Nickel 1.0

Selenium 0.16

Silver 0.30

Thallium 0.020

Zinc 70

Maximum for any single

Constituent composite sample-TCLP (mg/l)
173-303-071 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 28] (6/30/09)

generated would have otherwise met a listing under WAC

173-303-081 and 173-303-082, are designated as F037 listed

wastes when disposed of or intended for disposal.

(ii) Recovered oil that is recycled in the same manner

and with the same conditions as described in (cc)(i) of this

subsection. Recovered oil is oil that has been reclaimed from

secondary materials (including wastewater) generated from

normal petroleum industry practices, including refining,

exploration and production, bulk storage, and transportation

incident thereto (NAICS codes 211111, 211112, 213111,

213112, 541360, 237120, 238910, 324110, 486110, 486910,

486210, 221210, 488210, 488999, 424710, 454311, 454312,

424720, 425120). Recovered oil does not include oil-bearing

hazardous wastes listed in WAC 173-303-081 and 173-303-

082; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as

defined in WAC 173-303-040.

(dd) Dangerous waste Nos. K060, K087, K141, K142,

K143, K144, K145, K147, and K148, and any wastes from

the coke by-products processes that are dangerous only

because they exhibit the toxicity characteristic (TC) specified

in WAC 173-303-090(8) when, subsequent to generation,

these materials are recycled to coke ovens, to the tar recovery

process as a feedstock to produce coal tar, or mixed with coal

tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the

point they are generated to the point they are recycled to coke

ovens or tar recovery or refining processes, or mixed with

coal tar.

(ee) Biological treatment sludge from the treatment of

one of the following wastes listed in WAC 173-303-9904 -

organic waste (including heavy ends, still bottoms, light ends,

spent solvents, filtrates, and decantates) from the production

of carbamates and carbamoyl oximes (Dangerous Waste No.

K156), and wastewaters from the production of carbamates

and carbamoyl oximes (Dangerous Waste No. K157) unless

it exhibits one or more of the characteristics or criteria of dangerous waste.

(ff) Excluded scrap metal (processed scrap metal,

unprocessed home scrap metal, and unprocessed prompt

scrap metal) being recycled.

(gg) Shredded circuit boards being recycled: Provided,

That they are:

(i) Stored in containers sufficient to prevent a release to

the environment prior to recovery; and

(ii) Free of mercury switches, mercury relays and nickelcadmium batteries and lithium batteries.

(hh) Petrochemical recovered oil from an associated

organic chemical manufacturing facility, where the oil is to

be inserted into the petroleum refining process (NAICS code

324110) along with normal petroleum refinery process

streams, provided:

(i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in WAC 173-303-090(5)

and/or toxicity for benzene (WAC 173-303-090(8), waste

code D018); and

(ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining

process.

An "associated organic chemical manufacturing facility"

is a facility where the primary NAICS code is 325110,

325120, 325188, 325192, 325193, or 325199, but where

operations may also include NAICS codes 325211, 325212,

325110, 325132, 325192; and is physically colocated with a

petroleum refinery; and where the petroleum refinery to

which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing

facility. "Petrochemical recovered oil" is oil that has been

reclaimed from secondary materials (that is, sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as

oil recovered from organic chemical manufacturing processes.

(ii) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic

or naphthenic acid unless the material is placed on the land,

or accumulated speculatively as defined in WAC 173-303-

016(5).

(jj) Catalyst inert support media separated from one of

the following wastes listed in WAC 173-303-9904 Specific

Sources - Spent hydrotreating catalyst (EPA Hazardous

Waste No. K171), and Spent hydrorefining catalyst (EPA

Hazardous Waste No. K172). These wastes are not excluded

if they exhibit one or more of the dangerous waste characteristics or criteria.

(kk) Leachate or gas condensate collected from landfills

where certain solid wastes have been disposed: Provided,

That:

(i) The solid wastes disposed would meet one or more of

the listing descriptions for Hazardous Waste Codes K169,

K170, K171, K172, K174, K175, K176, K177, K178, and

K181 if these wastes had been generated after the effective

date of the listing;

(ii) The solid wastes described in (kk)(i) of this subsection were disposed prior to the effective date of the listing;

(iii) The leachate or gas condensate do not exhibit any

characteristic or criteria of dangerous waste nor are derived

from any other listed hazardous waste;

(iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to

a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act.

(v) As of February 13, 2001, leachate or gas condensate

derived from K169 - K172 is no longer exempt if it is stored

or managed in a surface impoundment prior to discharge. As

of November 21, 2003, leachate or gas condensate derived

from K176, K177, and K178 is no longer exempt if it is

stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate

derived from K181 will no longer be exempt if it is stored or

managed in a surface impoundment prior to discharge. There

is one exception: If the surface impoundment is used to temporarily store leachate or gas condensate in response to an

emergency situation (for example, shutdown of wastewater

treatment system): Provided, That the impoundment has a

double liner, and: Provided further, That the leachate or gas

condensate is removed from the impoundment and continues

to be managed in compliance with the conditions of this paragraph after the emergency ends.
Dangerous Waste Regulations 173-303-071

(6/30/09) [Ch. 173-303 WACóp. 29]

(ll) Dredged material. Dredged material as defined in 40

CFR 232.2 that is subject to:

(i) The requirements of a permit that has been issued by

the U.S. Army Corps of Engineers or an approved state under

section 404 of the Federal Water Pollution Control Act (33

U.S.C. 1344);

(ii) The requirements of a permit that has been issued by

the U.S. Army Corps of Engineers under section 103 of the

Marine Protection, Research, and Sanctuaries Act of 1972

(33 U.S.C. 1413); or

(iii) In the case of a U.S. Army Corps of Engineers civil

works project, the administrative equivalent of the permits

referred to in (ll)(i) and (ii) of this subsection, as provided for

in U.S. Army Corps of Engineers regulations, including, for

example, 33 CFR 336.1, 336.2 and 337.3.

(mm) Condensates derived from the overhead gases

from kraft mill steam strippers that are used to comply with

40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.

(nn)(i) Controlled substances, legend drugs, and overthe-counter drugs that are state-only dangerous wastes.

(A) Controlled substances as defined and regulated by

chapter 69.50 RCW (Schedule I through V);

(B) Legend drugs as defined and regulated by chapter

69.41 RCW; and

(C) Over-the-counter drugs as defined and regulated by

chapter 69.60 RCW.

(ii) Controlled substances, legend drugs, and over-thecounter drugs that are held in the custody of law enforcement

agencies or possessed by any licensee as defined and regulated by chapter 69.50 RCW or Title 18 RCW and authorized

to possess drugs within the state of Washington are excluded,

provided the drugs are disposed of by incineration in a controlled combustion unit with a heat input rate greater than 250

million British thermal units/hour, a combustion zone temperature greater than 1500 degrees Fahrenheit, or a facility

permitted to incinerate municipal solid waste.

(iii) For the purposes of this exclusion the term "drugs"

means:

(A) Articles recognized in the official United States

pharmacopoeia or the official homeopathic pharmacopoeia

of the United States;

(B) Substances intended for use in the diagnosis, cure,

mitigation, treatment, or prevention of disease in man or

other animals; or

(C) Substances (other than food) intended to affect the

structure or any function of the body of man or other animals,

as defined in RCW 18.64.011(3). (Note: RCW 18.64.011

(3)(d) is intentionally not included in the definition of drugs

for this exclusion.)

(iv) When possessed by any licensee the term drugs used

in this exclusion means finished drug products.

(oo) Cathode ray tubes (CRTs) and glass removed from

CRTs:

(i) Prior to processing: These materials are not solid

wastes if they are destined for recycling and if they meet the

following requirements:

(A) Storage. CRTs must be either:

(I) Stored in a building with a roof, floor, and walls; or

(II) Placed in a container (that is, a package or a vehicle)

that is constructed, filled, and closed to minimize releases to

the environment of CRT glass (including fine solid materials).

(B) Labeling. Each container in which the CRT is contained must be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s) - contains leaded

glass" or "leaded glass from televisions or computers." It

must also be labeled: "Do not mix with other glass materials."

(C) Transportation. CRTs must be transported in a container meeting the requirements of (oo)(i)(A)(II) and (B) of

this subsection.

(D) Speculative accumulation and use constituting disposal. CRTs are subject to the limitations on speculative

accumulation as defined in WAC 173-303-016 (5)(d). If they

are used in a manner constituting disposal, they must comply

with the applicable requirements of WAC 173-303-505

instead of the requirements of this section.

(E) Exports. In addition to the applicable conditions

specified in (oo)(i)(A) through (D) of this subsection, exporters of CRTs must comply with the following requirements:

(I) Notify EPA of an intended export before the CRTs

are scheduled to leave the United States. A complete notification should be submitted sixty days before the initial shipment is intended to be shipped off-site. This notification may

cover export activities extending over a twelve-month or

lesser period. The notification must be in writing, signed by

the exporter, and include the following information:

ï Name, mailing address, telephone number and

EPA/state ID number (if applicable) of the exporter of the

CRTs.

ï The estimated frequency or rate at which the CRTs are

to be exported and the period of time over which they are to

be exported.

ï The estimated total quantity of CRTs specified in kilograms.

ï All points of entry to and departure from each foreign

country through which the CRTs will pass.

ï A description of the means by which each shipment of

the CRTs will be transported (for example, mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).

ï The name and address of the recycler and any alternate

recycler.

ï A description of the manner in which the CRTs will be

recycled in the foreign country that will be receiving the

CRTs.

ï The name of any transit country through which the

CRTs will be sent and a description of the approximate length

of time the CRTs will remain in such country and the nature

of their handling while there.

(II) Notifications submitted by mail should be sent to the

following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International

Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave.,

N.W., Washington, D.C. 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International

Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, Ariel Rios Bldg., Room 6144,

1200 Pennsylvania Ave., N.W., Washington, D.C. In both
173-303-071 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 30] (6/30/09)

cases, the following must be prominently displayed on the

front of the envelope: "Attention: Notification of intent to

export CRTs."

(III) Upon request by EPA, the exporter must furnish to

EPA any additional information which a receiving country

requests in order to respond to a notification.

(IV) EPA will provide a complete notification to the

receiving country and any transit countries. A notification is

complete when EPA receives a notification which EPA determines satisfies the requirements of (oo)(i)(E)(I) of this subsection. Where a claim of confidentiality is asserted with

respect to any notification information required by

(oo)(i)(E)(I) of this subsection, EPA may find the notification

not complete until any such claim is resolved in accordance

with 40 CFR 260.2.

(V) The export of CRTs is prohibited unless the receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs,

EPA will forward an "Acknowledgment of Consent" to

export CRTs to the exporter. Where the receiving country

objects to receipt of the CRTs or withdraws a prior consent,

EPA will notify the exporter in writing. EPA will also notify

the exporter of any responses from transit countries.

(VI) When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change, except for changes to the

telephone number in (oo)(i)(E)(I)(first bullet) of this subsection and decreases in the quantity indicated pursuant to

(oo)(i)(E)(I)(third bullet) of this subsection. The shipment

cannot take place until consent of the receiving country to the

changes has been obtained (except for changes to information

about points of entry and departure and transit countries pursuant to (oo)(i)(E)(I)(fourth bullet) and (i)(E)(I)(eighth bullet) of this section) and the exporter of CRTs receives from

EPA a copy of the "Acknowledgment of Consent" to export

CRTs reflecting the receiving country's consent to the

changes.

(VII) A copy of the "Acknowledgment of Consent" to

export CRTs must accompany the shipment of CRTs. The

shipment must conform to the terms of the Acknowledgment.

(VIII) If a shipment of CRTs cannot be delivered for any

reason to the recycler or the alternate recycler, the exporter of

CRTs must renotify EPA of a change in the conditions of the

original notification to allow shipment to a new recycler in

accordance with (oo)(i)(E)(VI) of this subsection and obtain

another "Acknowledgment of Consent" to export CRTs.

(IX) Exporters must keep copies of notifications and

"Acknowledgments of Consent" to export CRTs for a period

of five years following receipt of the "Acknowledgment."

(ii) Requirements for used CRT processing: CRTs

undergoing CRT processing as defined in WAC 173-303-040

are not solid wastes if they meet the following requirements:

(A) Storage. CRTs undergoing processing are subject to

the requirement of (oo)(i)(D) of this subsection.

(B) Processing.

(I) All activities specified in the second and third bullets

of the definition of "CRT processing" in WAC 173-303-040

must be performed within a building with a roof, floor, and

walls; and

(II) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.

(iii) Processed CRT glass sent to CRT glass making or

lead smelting: Glass from CRTs that is destined for recycling

at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated

as defined in WAC 173-303-016 (5)(d).

(iv) Use constituting disposal: Glass from used CRTs

that is used in a manner constituting disposal must comply

with the requirements of WAC 173-303-505.

(v) Notification and recordkeeping for cathode ray tubes

(CRTs) exported for reuse.

(A) Persons who export CRTs for reuse must send a onetime notification to the U.S. EPA Regional Administrator.

The notification must include a statement that the notifier

plans to export CRTs for reuse, the notifier's name, address,

and EPA/state ID number (if applicable) and the name and

phone number of a contact person.

(B) Persons who export CRTs for reuse must keep copies

of normal business records, such as contracts, demonstrating

that each shipment of exported CRTs will be reused. This

documentation must be retained for a period of at least five

years from the date the CRTs were exported.

(pp) Zinc fertilizers made from hazardous wastes provided that:

(i) The fertilizers meet the following contaminant limits:

(A) For metal contaminants:

(B) For dioxin contaminants the fertilizer must contain

no more than eight parts per trillion of dioxin, measured as

toxic equivalent (TEQ).

(ii) The manufacturer performs sampling and analysis of

the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and

for dioxins no less than every twelve months. Testing must

also be performed whenever changes occur to manufacturing

processes or ingredients that could significantly affect the

amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product

at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and

analysis are unbiased, precise, and representative of the product(s) introduced into commerce.

(iii) The manufacturer maintains for no less than three

years records of all sampling and analyses performed for purposes of determining compliance with the requirements of

(pp)(ii) of this subsection. Such records must at a minimum

include:

(A) The dates and times product samples were taken, and

the dates the samples were analyzed;

(B) The names and qualifications of the person(s) taking

the samples;

(C) A description of the methods and equipment used to

take the samples;

Maximum Allowable Total Concentration Constituent in 

Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.3

Cadmium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4

Chromium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.6

Lead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.8

Mercury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.3
Dangerous Waste Regulations 173-303-072

(6/30/09) [Ch. 173-303 WACóp. 31]

(D) The name and address of the laboratory facility at

which analyses of the samples were performed;

(E) A description of the analytical methods used, including any cleanup and sample preparation methods; and

(F) All laboratory analytical results used to determine

compliance with the contaminant limits specified in this subsection (3)(pp).

(qq) Debris. Provided the debris does not exhibit a characteristic identified in WAC 173-303-090, the following

materials are not subject to regulation under this chapter:

(i) Hazardous debris that has been treated using one of

the required extraction or destruction technologies specified

in Table 1 of 40 CFR section 268.45, which is incorporated

by reference at WAC 173-303-140 (2)(a); persons claiming

this exclusion in an enforcement action will have the burden

of proving by clear and convincing evidence that the material

meets all of the exclusion requirements; or

(ii) Debris that the department, considering the extent of

contamination, has determined is no longer contaminated

with hazardous waste.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-071, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.95N, 70.105, and 70.105D RCW. 07-21-013 (Order

07-05), ß 173-303-071, filed 10/5/07, effective 11/5/07. Statutory Authority:

Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-

065 (Order 03-10), ß 173-303-071, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-

03), ß 173-303-071, 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), ß 173-303-071, filed 5/10/00, effective 6/10/00. Statutory

Authority: Chapters 70.105 and 70.105D RCW. 98-03-018, (Order 97-03),

ß 173-303-071, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), ß

173-303-071, filed 10/19/95, effective 11/19/95; 94-12-018 (Order 93-34), ß

173-303-071, filed 5/23/94, effective 6/23/94; 94-01-060 (Order 92-33), ß

173-303-071, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters

70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006 (42 U.S.C.

3251). 91-07-005 (Order 90-42), ß 173-303-071, filed 3/7/91, effective

4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-

24), ß 173-303-071, filed 1/4/89; 87-14-029 (Order DE-87-4), ß 173-303-

071, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-071, filed

6/3/86; 85-09-042 (Order DE-85-02), ß 173-303-071, filed 4/15/85; 84-09-

088 (Order DE 83-36), ß 173-303-071, filed 4/18/84. Statutory Authority:

RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß

173-303-071, filed 2/10/82.]

173-303-072

WAC 173-303-072 Procedures and bases for exempting and excluding wastes. (1) Purpose and applicability.

(a) The purpose of this section is to describe the procedures that will be followed by generators and the department

when wastes are considered for exemption or exclusion from

the requirements of this chapter. Any person(s) whose waste

is exempted or excluded will not be subject to the requirements of this chapter unless the department revokes the

exemption or exclusion.

(b) Any person seeking a waste exemption must submit

a petition to the department according to the procedures of

WAC 173-303-910(3). A petition for exemption will be

assessed against the applicable bases for exemption described

in subsections (3), (4), and (5) of this section.

(c) Any persons seeking to categorically exclude a class

of wastes must submit a petition to the department according

to the procedures of WAC 173-303-910(4). A petition for

exclusion will be assessed against the applicable bases for

exclusion described in subsection (6) of this section.

(2) Department procedures. When considering, granting,

or denying a petition for exemption or exclusion, the department will follow the appropriate procedures described in

WAC 173-303-910(1).

(3) Bases for exempting wastes. To successfully petition

the department to exempt a waste, the petitioner must demonstrate to the satisfaction of the department that:

(a) He has been able to accurately describe the variability

or uniformity of his waste over time, and has been able to

obtain demonstration samples which are representative of his

waste's variability or uniformity; and, either

(b) The representative demonstration samples of his

waste are not designated DW or EHW by the dangerous

waste criteria, WAC 173-303-100; or

(c) It can be shown, from information developed by the

petitioner through consultation with the department, that his

waste does not otherwise pose a threat to public health or the

environment. However, this basis for exemption is not applicable to wastes that exhibit any of the characteristics specified in WAC 173-303-090, except 173-303-090 (6)(a)(iii).

(4) Additional bases for exempting listed wastes. In

addition to the demonstrations required by subsections (3)(a)

and (b) of this section, for wastes listed in WAC 173-303-081

or 173-303-082 the petitioner must also demonstrate to the

satisfaction of the department that his waste is not capable of

posing a substantial present or potential threat to public

health or the environment when improperly treated, stored,

transported, disposed of or otherwise managed. The following factors will be considered by the department when assessing such a demonstration:

(a) Whether or not the listed waste contains the constituent or constituents which caused it to be listed. (For the purposes of this subsection, the constituents referred to will

include any of the dangerous waste constituents listed in

WAC 173-303-9905);

(b) The nature of the threat posed by the waste constituent(s);

(c) The concentration of the constituent(s) in the waste;

(d) The potential of the constituent(s) or any degradation

product of the constituent(s) to migrate from the waste into

the environment under the types of improper management

considered in (h) of this subsection;

(e) The persistence of the constituent(s) or any degradation product of the constituent(s);

(f) The potential for the constituent(s) or any degradation

product of the constituent(s) to degrade into nonharmful constituents and the rate of degradation;

(g) The degree to which the constituent(s) or degradation

product of the constituent(s) bioaccumulates in ecosystems;

(h) The plausible types of improper management to

which the waste could be subjected;

(i) The quantities of the waste generated at individual

generation sites or on a statewide basis. Under this factor, the

department will also consider whether or not the waste is

listed under WAC 173-303-081 as a discarded chemical

product and occurs in a relatively pure form. Any waste discarded chemical product which exceeds the quantity exclusion limit specified in WAC 173-303-081(2) for that waste

will not be exempted;

(j) The nature and severity of the public health and environmental damage that has occurred as a result of the
173-303-073 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 32] (6/30/09)

improper management of wastes containing the constituent(s);

(k) Actions taken by other governmental agencies or regulatory programs based on the health or environmental threat

posed by the waste or waste constituent(s); and

(l) Such other factors as may be appropriate.

(5) Reserve.

(6) Bases for categorically excluding classes of wastes.

This subsection does not apply to any waste class that

includes hazardous waste regulated under 40 CFR Part 261.

To successfully petition the department to categorically

exclude a class of wastes, petitioners must demonstrate to the

satisfaction of the department that the petition or petitions for

exclusion:

(a) Accurately describe the class of wastes for which categorical exclusion is sought and show that the class of wastes

does not include any wastes which would be regulated as hazardous waste under 40 CFR Part 261;

(b) Describe the variability or uniformity of the class of

wastes over time and in relation to the individual wastes that

comprise the class of waste;

(c) Discuss the generators and their individual wastes

that belong to the class of wastes and, to the extent practical,

any generators or individual wastes that, although belonging

to the class of wastes, are not represented by the petition or

petitions; and

(d) For each individual waste within the class of wastes,

provide the demonstration described by subsection (3) of this

section, except that where it is determined by consultation

with the department to be impractical to provide the demonstration for each individual waste, the petitioner or petitioners

will provide the demonstration for samples of the individual

wastes determined by consultation with the department to be

representative of the class of wastes.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-072, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-072, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-072,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

84-14-031 (Order DE 84-22), ß 173-303-072, filed 6/27/84.]

173-303-073 WAC 173-303-073 Conditional exclusion of special

wastes. (1) Purpose. Special wastes pose a relatively low

hazard to human health and the environment. The department

believes that special wastes can be safely managed with a

level of protection that is intermediate between dangerous

and nondangerous solid wastes. This section establishes a

conditional exclusion for the management of special wastes.

(2) Exclusion. Special wastes are excluded from the

requirements of chapter 173-303 WAC, except for WAC

173-303-050; 173-303-060; 173-303-140 (4)(c); 173-303-

145; 173-303-960; and 173-303-510 excluding subsections

(4)(a), (4)(b)(iii), (5), (6)(c), and (6)(d). In addition, special

waste must be treated as dangerous waste for purposes of pollution prevention planning as required in chapters 173-307

and 173-305 WAC. Special wastes will not be considered as

dangerous waste, provided they are managed in accordance

with the standards in this subsection and provided they are

disposed, legitimately recycled, or treated on-site consistent

with the requirements of WAC 173-303-170 (3)(c).

(a) Generators may not accumulate special waste on-site

for more than one hundred eighty days from the date the

quantity of waste exceeds two thousand two hundred pounds.

The generator must keep a written record showing the dates

when accumulation of the wastes began;

(b) During accumulation, special waste must be stored in

a manner to prevent releases to the environment. This

includes, but is not limited to, storing wastes in compatible

containers, on impermeable surfaces, or in secondary containment structures, etc.;

(c) Facilities that receive special waste for recycling

must meet the requirements of (b) of this subsection and store

special wastes for no more than one hundred eighty days.

(d) All workers handling special wastes must be

informed of the waste's potential hazard, either through

worker training, health and safety plans, or notification of

workers on a case-by-case basis;

(e) Special wastes must be transported directly from their

site of generation to any offsite recycling, treatment, or disposal destination. The wastes must not pass through any

intermediate solid waste processing facility, such as a transfer

station, unless:

(i) The transfer station operator has made specific provisions for managing special waste by physical segregation,

packing, or other means to ensure that workers and the public

are not exposed to the waste stream at the transfer station;

(ii) The provisions are reflected in the facilities operating

plans;

(iii) The plans have been approved by the transfer station's solid waste permitting authority; and

(iv) The transfer station operator has informed workers

of the wastes' potential hazard according to (d) of this subsection;

(f) A document must accompany special waste during

transit which identifies the type and amount of special waste,

its place of origin, the identity of the generator, and the facility to which it is directed. An example form is provided in

WAC 173-303-9906. The generator and the receiving facility

must maintain a record of the facilities receipt of the special

waste for at least five years;

(g) Disposal of special waste must be in landfill units

which:

(i) Are permitted in accordance with chapter 173-351

WAC, provided that an engineered liner is used to meet the

requirements of arid landfill design requirements, WAC 173-

351-300 (2)(b), or are permitted under WAC 173-303-800

through 173-303-840 or if out-of-state under 40 CFR Part

258 or Part 270; and

(ii) Are not currently undergoing corrective action under

WAC 173-351-440(6), 40 CFR 258.56, or a similar requirement in state regulations approved by the United States EPA

pursuant to 42 USC 6945 (c)(1)(B).

(3) Reserve.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-073, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-073, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-073, filed 10/19/95, effective 11/19/95.]

173-303-075 WAC 173-303-075 Certification of designation. (1)

Purpose and applicability.
Dangerous Waste Regulations 173-303-077

(6/30/09) [Ch. 173-303 WACóp. 33]

(a) The purpose of WAC 173-303-075 is to establish

procedures by which the generator of a solid waste may apply

to the department for a review of his waste, and for a determination of the designation of his waste. When a final determination is made, the department will issue a certificate of designation which will describe the status of the generator's

waste with respect to the designation requirements of this

chapter 173-303 WAC.

(b) The provisions of this section are applicable to any

person who produces a solid waste, who may be subject to the

requirements of this chapter 173-303 WAC as the generator

of a dangerous waste and who wishes to obtain a certificate

designating the status of his waste.

(2) Certification. Any person who produces a solid waste

which could be a dangerous waste may apply to the department, in accordance with the guidelines published pursuant to

WAC 173-303-075(4), for a certificate of designation for his

waste.

(a) The certificate of designation will describe the status

of the designation for a waste or wastes as follows:

(i) Either, the certificate will state that the waste or

wastes listed in the certificate are designated dangerous

waste; or

(ii) The certificate will state that the waste or wastes

listed in the certificate are not designated dangerous waste

under the designation lists or characteristics of WAC 173-

303-080 through 173-303-090; or

(iii) The certificate will state that the waste or wastes

listed in the certificate are not designated dangerous waste

under the dangerous waste lists, characteristics or criteria,

WAC 173-303-080 through 173-303-100.

(b) The certificate of designation will, at a minimum,

include the following information:

(i) The name, address, telephone number and, where

applicable, the EPA/state identification number of the person

to whom the certificate is issued;

(ii) A statement of the status of the designation of the

waste or wastes listed in the certificate and, if designated,

whether DW or EHW;

(iii) A listing of the waste or wastes for which the certificate has been issued;

(iv) The signature of the director or his designee;

(v) The date on which the certificate was issued; and

(vi) The period of time or conditions for which the certificate is valid.

(c) Once a certificate of designation has been issued to a

person, that person is no longer subject to the designation

procedures of WAC 173-303-080 through 173-303-100,

unless the period of time for which the certificate is valid

expires, the conditions under which the certificate is valid

change, or the department withdraws its certification of designation in accordance with WAC 173-303-075(5). If the certificate states that the waste or wastes listed in it are designated, then the person to whom the certificate is issued must

comply with all applicable requirements of this chapter 173-

303 WAC. If the certificate states that the waste or wastes

listed in it are not designated, then the person to whom the

certificate is issued is not subject to the requirements of this

chapter 173-303 WAC, unless the certificate becomes invalid

or the department withdraws its certification.

(d) While an application for a certificate of designation is

pending final action by the department, the person applying

for certification must comply with all applicable requirements of this chapter 173-303 WAC.

(e) While a certificate of designation is being amended,

in accordance with WAC 173-303-075(5), the certificate will

remain in effect except for those parts of the certificate which

the department specifically suspends.

(3) Designation. Determination of the status of designation for a waste or wastes for which a certificate of designation is being sought will follow the procedures set forth in

this subsection.

(a) A waste will be certified as a dangerous waste if it is

designated under any of the methods set forth in WAC 173-

303-080 through 173-303-100.

(b) A waste will be certified as not a dangerous waste if:

(i) It has only been checked against WAC 173-303-080

through 173-303-090 (lists and characteristics) and it is not

designated; or

(ii) It has been checked against the dangerous waste lists,

characteristics and criteria, WAC 173-303-080 through 173-

303-100, and it is not designated.

(4) Application. Any person who wishes to apply for a

certificate of designation must do so according to the certification guidelines published by and available from the department. The department will follow the procedures specified in

the certification guidelines when considering an application

for a certificate.

(5) Review of certification. Review of and changes to or

withdrawal of certificates of designation will be performed

by the department according to the procedures specified in

the certification guidelines, available from the department. At

a minimum, the certification guidelines provide for the following procedures:

(a) The department will periodically review each certificate of designation to insure that it is current and accurately

states the proper designation for the waste or wastes listed on

the certificate.

(b) The department may amend, or any person with a

certificate of designation may request the department to

amend, any certificate in the event that changes to the certificate are necessary to keep it current or maintain its accuracy.

The person will obtain concurrence of the department if he

wishes to amend his certificate to reflect changes in the information on the certificate (e.g., new wastes, changes in waste

properties, changes of address, etc.).

(c) The department reserves the authority to withdraw

any certificate of designation if there is reason to believe that

the certificate results in a threat to public health or the environment. If a certificate is withdrawn, then the waste or

wastes listed on the certificate will be subject to all applicable

requirements of this chapter 173-303 WAC.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-075, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-075, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

075, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-075, filed 2/10/82.]

173-303-077 WAC 173-303-077 Requirements for universal

waste. The wastes listed in this section are exempt from reg-
173-303-080 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 34] (6/30/09)

ulation under WAC 173-303-140, 173-303-170 through 173-

303-9907 (except for WAC 173-303-960), and except as

specified in WAC 173-303-573, and therefore are not fully

regulated as dangerous waste. The wastes listed in this section are subject to regulation under WAC 173-303-573:

(1) Batteries as described in WAC 173-303-573(2);

(2) Mercury-containing equipment as described in WAC

173-303-573(3); and

(3) Lamps as described in WAC 173-303-573(5).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-077, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-077, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-077, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-077, filed 1/12/98, effective 2/12/98.]

173-303-080 WAC 173-303-080 Dangerous waste lists. The dangerous waste lists include:

(1) WAC 173-303-081, Discarded chemical products;

(2) WAC 173-303-082, Dangerous waste sources.

[Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß

173-303-080, filed 1/4/89. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-080, filed

2/10/82.]

173-303-081 WAC 173-303-081 Discarded chemical products. (1)

A waste will be designated as a dangerous waste and assigned

a "P" or "U" code if it is handled in any of the manners

described in (e) of this subsection, and if it is a residue from

the management of:

(a) A commercial chemical product or manufacturing

chemical intermediate (see definition in WAC 173-303-040)

which has the generic name listed in the discarded chemical

products list, WAC 173-303-9903;

(b) An off-specification commercial chemical product or

manufacturing chemical intermediate which if it had met

specifications would have the generic name listed in the discarded chemical products list, WAC 173-303-9903;

(c) Any containers, inner liners, or residue remaining in

a container or in an inner liner removed from a container that

has held any commercial chemical product or manufacturing

chemical intermediate that has, or any off-specification commercial chemical product or manufacturing chemical intermediate which if it had met specifications would have, the

generic name listed on the "P" or "U" discarded chemical

products list of WAC 173-303-9903, unless the containers or

inner liners are empty as described in WAC 173-303-160(2);

(d) Any residue or contaminated soil, water, or other

debris resulting from the cleanup of a spill of a commercial

chemical product or manufacturing chemical intermediate

which has, or of an off-specification commercial chemical

product or manufacturing chemical intermediate which if it

had met specifications would have, the generic name listed in

the discarded chemical products list, WAC 173-303-9903;

(e) The materials or items described in (a), (b), (c), and

(d) of this subsection are dangerous wastes when they are:

(i) Discarded or intended to be discarded as described in

WAC 173-303-016 (3)(b)(i);

(ii) Burned for purposes of energy recovery in lieu of

their original intended use;

(iii) Used to produce fuels in lieu of their original

intended use;

(iv) Applied to the land in lieu of their original intended

use; or

(v) Contained in products that are applied to the land in

lieu of their original intended use.

(2) Quantity exclusion limits:

(a) A person with a waste or wastes (including residues

from the management of wastes) identified in subsection (1)

of this section, will be a dangerous waste generator (and may

not be considered a small quantity generator as provided in

WAC 173-303-070(8)) if the amount of his waste exceeds the

following quantity exclusion limits:

(i) For chemicals designated on the "P" discarded chemical products list of WAC 173-303-9903 - 2.2 lbs. (1.0 kg) per

month or per batch. Such wastes are designated DW and are

identified as acute hazardous wastes;

(ii) For chemicals, and for residues from the cleanup of

spills involving chemicals, designated on the "U" discarded

chemical products list of WAC 173-303-9903 - 220 lbs. (100

kg) per month or per batch. Such wastes are designated DW;

(iii) For containers or inner liners which held any chemical designated on the "P" discarded chemical products list of

WAC 173-303-9903 - 2.2 lbs. (1.0 kg) of residue remaining

in the containers or inner liners per month or per batch unless

the containers or inner liners meet the definition of empty and

have been triple rinsed as described in WAC 173-303-160(2).

Such wastes are designated DW and are identified as acute

hazardous wastes;

(iv) For residues, contaminated soil, water, or other

debris from the cleanup of a spill of any chemical designated

on the "P" discarded chemical products list of WAC 173-303-

9903 - 220 lbs. (100 kg) per month or per batch. Such wastes

are designated DW and are identified as acute hazardous

wastes.

(b) A person's total monthly waste quantity is the sum of

all their wastes which share a common quantity exclusion

limit (e.g., the total quantity of all discarded chemical products with a 2.2 pound QEL, the total quantity of all residues

contaminated by discarded chemical products with a 2.2

pound QEL, etc.) which were generated during a month or a

batch operation at each specific waste generation site.

(3) Dangerous waste numbers and mixtures. A waste that

has been designated as a discarded chemical product dangerous waste must be assigned the dangerous waste number or

numbers listed in WAC 173-303-9903 next to the generic

chemical or chemicals that caused the waste to be designated.

A mixture of a solid waste with a waste that would be designated as a discarded chemical product under this section must

be designated. The mixture designation is the same as the

designation for the discarded chemical product that was

mixed with the solid waste unless it has been excluded under

WAC 173-303-070 (2)(c). For example, a mixture containing

2.2 lbs. (1 kg) of Aldrin (dangerous waste number P004, DW

designation, QEL of 2.2 lbs.) and 22 lbs. (10 kg) of a solid

waste, would be designated DW, and identified as acute hazardous waste. The mixture would have the dangerous waste

number P004.

(4) Reserve.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-081, filed 6/30/09, effective 7/31/09. Statutory
Dangerous Waste Regulations 173-303-083

(6/30/09) [Ch. 173-303 WACóp. 35]

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-081, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-081, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-081, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part

271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-

303-081, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 87-14-029 (Order DE-87-4), ß 173-303-081, filed 6/26/87; 86-12-

057 (Order DE-85-10), ß 173-303-081, filed 6/3/86; 84-09-088 (Order DE

83-36), ß 173-303-081, filed 4/18/84. Statutory Authority: RCW 70.95.260

and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-081,

filed 2/10/82.]

173-303-082 WAC 173-303-082 Dangerous waste sources. (1) The

dangerous waste sources list appears in WAC 173-303-9904.

Any waste that is listed or is a residue from the management

of a waste listed on the dangerous waste sources list must be

designated a dangerous waste, and identified as DW. Dangerous waste sources codes include WPCB or codes that begin

with an "F" or "K."

(2) Quantity exclusion limit. A person whose waste is

listed in WAC 173-303-9904 (including residues from the

management of such wastes) is a dangerous waste generator

(and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the amount of his waste

exceeds the following quantity exclusion limits:

(a) 2.2 lbs. (1 kg) per month or per batch for wastes listed

with the dangerous waste numbers F020, F021, F022, F023,

F026, or F027. These wastes are designated DW and identified as acute hazardous wastes;

(b) 220 lbs. (100 kg) per month or per batch of any residue or contaminated soil, waste or other debris resulting from

the cleanup of a spill, into or on any land or water of a waste

listed in (a) of this subsection, or of an acute hazardous waste

listed in WAC 173-303-9904 under specific sources ("K"

wastes). Note: Acute hazardous K listed wastes are followed

by an "H." These wastes are designated DW and identified as

acute hazardous wastes; or

(c) 220 lbs. (100 kg) per month or per batch for all other

wastes.

(3) Care should be taken in the proper designation of

these wastes and of mixtures of these wastes and solid

wastes. A mixture of a solid waste with a waste that would be

designated as a dangerous waste source under this section

must be designated as a dangerous waste source unless it has

been excluded under WAC 173-303-070 (2)(c). The mixture

has the same designation (DW), and the same dangerous

waste number as the dangerous waste source which was

mixed with the solid waste.

(4) 40 CFR Part 261 Appendix VII Basis for Listing

Hazardous Waste is adopted by reference.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-082, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-082, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-082, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-082, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-082, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-

303-082, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-082, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-082, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-082, filed 2/10/82.]

173-303-083 WAC 173-303-083 Deletion of certain dangerous

waste codes following equipment cleaning and replacement. (1) Wastes from wood preserving processes at plants

that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subsections (2) and

(3) of this section. These wastes may, however, continue to

meet another dangerous waste listing description or may

exhibit one or more of the dangerous waste characteristics.

(2) Generators must either clean or replace all process

equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not

limited to, treatment cylinders, sumps, tanks, piping systems,

drip pads, fork lifts, and trams, in a manner that minimizes or

eliminates the escape of dangerous waste or constituents,

leachate, contaminated drippage, or dangerous waste decomposition products to the ground water, surface water, or atmosphere.

(a) Generators will do one of the following:

(i) Prepare and follow an equipment cleaning plan and

clean equipment in accordance with this section;

(ii) Prepare and follow an equipment replacement plan

and replace equipment in accordance with this section; or

(iii) Document cleaning and replacement in accordance

with this section, carried out after termination of use of chlorophenolic preservatives.

(b) Cleaning requirements.

(i) Prepare and sign a written equipment cleaning plan

that describes:

(A) The equipment to be cleaned;

(B) How the equipment will be cleaned;

(C) The solvent to be used in cleaning;

(D) How solvent rinses will be tested; and

(E) How cleaning residues will be disposed.

(ii) Equipment must be cleaned as follows:

(A) Remove all visible residues from process equipment;

(B) Rinse process equipment with an appropriate solvent

until dioxins and dibenzofurans are not detected in the final

solvent rinse.

(iii) Analytical requirements.

(A) Rinses must be tested in accordance with SW-846,

Method 8290 as incorporated by reference at WAC 173-303-

110 (3)(a).

(B) "Not detected" means at or below the lower method

calibration limit (MCL) in accordance with SW-846, Method

8290, Table 1 as incorporated by reference at WAC 173-303-

110 (3)(a).

(iv) The generator must manage all residues from the

cleaning process as F032 waste.

(c) Replacement requirements.

(i) Prepare and sign a written equipment replacement

plan that describes:

(A) The equipment to be replaced;

(B) How the equipment will be replaced; and

(C) How the equipment will be disposed.

(ii) The generator must manage the discarded equipment

as F032 waste.

(d) Documentation requirements. Document that previous equipment cleaning and/or replacement was performed in

accordance with this section and occurred after cessation of

use of chlorophenolic preservatives.
173-303-084 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 36] (6/30/09)

(3) The generator must maintain the following records

documenting the cleaning and replacement as part of the

facility's operating record:

(a) The name and address of the facility;

(b) Formulations previously used and the date on which

their use ceased in each process at the plant;

(c) Formulations currently used in each process at the

plant;

(d) The equipment cleaning or replacement plan;

(e) The name and address of any persons who conducted

the cleaning and replacement;

(f) The dates on which cleaning and replacement were

accomplished;

(g) The dates of sampling and testing;

(h) A description of the sample handling and preparation

techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;

(i) A description of the tests performed, the date the tests

were performed, and the results of the tests;

(j) The name and model numbers of the instrument(s)

used in performing the tests;

(k) QA/QC documentation; and

(l) The following statement signed by the generator or

his authorized representative: I certify under penalty of law

that all process equipment required to be cleaned or replaced

under WAC 173-303-083 was cleaned or replaced as represented in the equipment cleaning and replacement plan and

accompanying documentation. I am aware that there are significant penalties for providing false information, including

the possibility of fine or imprisonment.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-083, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-083, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-083, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-083, filed 2/10/82.]

173-303-084 WAC 173-303-084 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060

(Order 92-33), ß 173-303-084, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-084,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-084, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-084, filed 6/3/86; 84-09-088 (Order DE 83-36), ß

173-303-084, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-084, filed

2/10/82.]

173-303-090 WAC 173-303-090 Dangerous waste characteristics.

(1) Purpose. The purpose of this section is to set forth characteristics which a solid waste might exhibit and which would

cause that waste to be a dangerous waste.

(2) Representative samples. The department will consider a sample obtained using any of the applicable sampling

methods described in WAC 173-303-110(2), sampling and

testing methods, to be a representative sample.

(3) Equivalent test methods. The testing methods specified in this section are the only acceptable methods, unless

the department approves an equivalent test method in accordance with WAC 173-303-910(2).

(4) Quantity exclusion limit. A solid waste is a dangerous waste if it exhibits one or more of the dangerous waste

characteristics described in subsections (5), (6), (7), and (8)

of this section. If a person's solid waste exhibits one or more

of these characteristics, then he or she is a dangerous waste

generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of

their waste exceeds 220 lbs. (100 kg) per month or per batch.

(5) Characteristic of ignitability.

(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

(i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash

point less than 60 degrees C (140 degrees F), as determined

by a Pensky-Martens Closed Cup Tester, using the test

method specified in ASTM Standard D93-06, or a Setaflash

Closed Cup Tester, using the test method specified in ASTM

Standard D3278-96 (2004)e1 as incorporated by reference at

WAC 173-303-110 (3)(h)(v) and (vi);

(ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction,

absorption of moisture or spontaneous chemical changes and,

when ignited, burns so vigorously and persistently that it creates a hazard;

(iii) It is an ignitable compressed gas.

(A) The term "compressed gas" applies to any material

or mixture having in the container an absolute pressure

exceeding 40 p.s.i. at 70 degrees F or, regardless of the pressure at 70 degrees F, having an absolute pressure exceeding

104 p.s.i. at 130 degrees F; or any liquid flammable material

having a vapor pressure exceeding 40 p.s.i. absolute at 100

degrees F as determined by ASTM Test D-323.

(B) A compressed gas must be characterized as ignitable

if any one of the following occurs:

(I) Either a mixture of 13 percent or less (by volume)

with air forms a flammable mixture or the flammable range

with air is wider than 12 percent regardless of the lower limit.

These limits must be determined at atmospheric temperature

and pressure. The method of sampling and test procedure

must be acceptable to the Bureau of Explosives and approved

by the director, Pipeline and Hazardous Materials Technology, U.S. Department of Transportation (see Note 2).

(II) Using the Bureau of Explosives' Flame Projection

Apparatus (see Note 1), the flame projects more than 18

inches beyond the ignition source with valve opened fully, or

the flame flashes back and burns at the valve with any degree

of valve opening.

(III) Using the Bureau of Explosives' Open Drum Apparatus (see Note 1), there is any significant propagation of

flame away from the ignition source.

(IV) Using the Bureau of Explosives' Closed Drum

Apparatus (see Note 1), there is any explosion of the vaporair mixture in the drum; or,

(iv) It is an oxidizer. An oxidizer for the purpose of this

subsection is a substance such as a chlorate, permanganate,

inorganic peroxide, or a nitrate, that yields oxygen readily to

stimulate the combustion of organic matter (see Note 4).

An organic compound containing the bivalent -O-Ostructure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have

been replaced by organic radicals must be classed as an

organic peroxide unless:
Dangerous Waste Regulations 173-303-090

(6/30/09) [Ch. 173-303 WACóp. 37]

(A) It is a forbidden explosive as defined in 49 CFR

173.54, or a Class 1 explosive, Division 1.1, Division 1.2,

Division 1.3, and Division 1.5, as defined in 49 CFR 173.50,

in which case it must be classed as an explosive;

(B) The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21;

(C) It is determined that the predominant hazard of the

material containing an organic peroxide is other than that of

an organic peroxide; or

(D) According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation (see Note 3), it has been determined

that the material does not present a hazard in transportation.

Note 1: A description of the Bureau of Explosives' Flame Projection Apparatus, Open Drum Apparatus, Closed Drum

Apparatus, and method of tests may be procured from the

Bureau of Explosives.

Note 2: As part of a U.S. Department of Transportation (DOT) reorganization, the Office of Hazardous Materials Technology

(OHMT), which was the office listed in the 1980 publication of 49 CFR 173.300 for the purposes of approving sampling and test procedures for a flammable gas, ceased operations on February 20, 2005. OHMT programs have moved

to the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the DOT.

Note 3: As part of a U.S. Department of Transportation (DOT) reorganization, the Research and Special Programs Administration (RSPA), which was the office listed in the 1980 publication of 49 CFR 173.151a for the purposes of determining

that a material does not present a hazard in transport, ceased

operations on February 20, 2005. RSPA programs have

moved to the Pipeline and Hazardous Materials Safety

Administration (PHMSA) in the DOT.

Note 4: The DOT regulatory definition of an oxidizer was contained in Sec. 173.151 of 49 CFR, and the definition of an

organic peroxide was contained in paragraph 173.151a. An

organic peroxide is a type of oxidizer.

(b) A solid waste that exhibits the characteristic of ignitability must be designated DW, and assigned the dangerous

waste number of D001.

(6) Characteristic of corrosivity.

(a) A solid waste exhibits the characteristic of corrosivity

if a representative sample of the waste has any one or more of

the following properties:

(i) It is aqueous and has a pH less than or equal to 2, or

greater than or equal to 12.5, as determined by a pH meter

using Method 9040C in "Test Methods for Evaluating Solid

Waste, Physical/Chemical Methods," EPA Publication SW846, as incorporated by reference in WAC 173-303-110

(3)(a);

(ii) It is liquid and corrodes steel (SAE 1020) at a rate

greater than 0.250 inch (6.35 mm) per year at a test temperature of 55 degrees C (130 degrees F) as determined by the test

method specified in NACE (National Association of Corrosion Engineers) Standard TM0169-2000 as standardized in

"Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods," (Method 1110A) EPA Publication SW-846, as incorporated by reference in WAC 173-

303-110 (3)(a); or

(iii) It is solid or semisolid which, upon testing using

Method 9045D in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW 846), results in a pH less

than or equal to 2, or greater than or equal to 12.5.

(b) A solid waste that exhibits the characteristic of corrosivity because:

(i) It has either of the properties described in (a)(i) or (ii)

of this subsection will be designated DW, and assigned the

dangerous waste number of D002;

(ii) It only has the property described in (a)(iii) of this

subsection will be designated DW, and assigned the dangerous waste number of WSC2.

(7) Characteristic of reactivity.

(a) A solid waste exhibits the characteristic of reactivity

if a representative sample of the waste has any of the following properties:

(i) It is normally unstable and readily undergoes violent

change without detonating;

(ii) It reacts violently with water;

(iii) It forms potentially explosive mixtures with water;

(iv) When mixed with water, it generates toxic gases,

vapors or fumes in a quantity sufficient to present a danger to

human health or the environment;

(v) It is a cyanide or sulfide bearing waste which, when

exposed to pH conditions between 2 and 12.5 can generate

toxic gases, vapors or fumes in a quantity sufficient to present

a danger to human health or the environment;

(vi) It is capable of detonation or explosive reaction if it

is subjected to a strong initiating source or if heated under

confinement;

(vii) It is readily capable of detonation or explosive

decomposition or reaction at standard temperature and pressure; or

(viii) It is a forbidden explosive as defined in 49 CFR

173.54, or a Class 1 explosive, Division 1.1, Division 1.2,

Division 1.3, and Division 1.5, as defined in 49 CFR 173.50.

(b) A solid waste that exhibits the characteristic of reactivity must be designated DW, and assigned the dangerous

waste number of D003.

(8) Toxicity characteristic.

(a) A solid waste exhibits the characteristic of toxicity if,

using the Toxicity Characteristic Leaching Procedure

(TCLP), test Method 1311 in "Test Methods for Evaluating

Solid Waste, Physical/Chemical Methods," EPA Publication

SW-846, as incorporated by reference in WAC 173-303-110

(3)(a), the extract from a representative sample of the waste

contains any of the contaminants listed in the toxicity characteristic list in (c) of this subsection, at concentrations equal to

or greater than the respective value given in the list. When the

waste contains less than 0.5 percent filterable solids, the

waste itself, after filtering using the methodology outlined in

Method 1311, is considered to be the extract for the purpose

of this subsection.

(b) A solid waste that exhibits the toxicity characteristic

has the dangerous waste number specified in the list which

corresponds to the toxic contaminant causing it to be dangerous.

(c) Toxicity characteristic list. Any waste that contains

contaminants which occur at concentrations at or above the

DW threshold must be designated DW.
173-303-100 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 38] (6/30/09)

TOXICITY CHARACTERISTICS LIST:

Maximum Concentration of Contaminants

for the Toxicity Characteristic

/1/ If 0-, m-, and p-Cresol concentrations cannot be differentiated,

the total cresol (D026) concentration is used. 

/2/ At the time the TC rule was adopted, the quantitation limit was

greater than the calculated regulatory level. The quantitation

limit therefore became the regulatory level.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-090, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-090, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-090, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-090, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-090, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-090,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-090, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-090, filed 6/3/86; 84-14-031 (Order DE 84-22), ß

173-303-090, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-090, filed

2/10/82.]

173-303-100 WAC 173-303-100 Dangerous waste criteria. (1) Purpose. The purpose of this section is to describe methods for

determining if a solid waste is a dangerous waste by the criteria set forth in this section. The dangerous waste criteria consist of:

(a) Toxic dangerous wastes; and

(b) Persistent dangerous wastes.

(2) References. The following toxicity data sources are

adopted by reference:

(a) The National Institute for Occupational Safety and

Health's (NIOSH) Registry of Toxic Effects of Chemical

Substances (RTECS), Superintendent of Documents, U.S.

Government Printing Office, Washington, DC 20402.

(b) The United States Environmental Protection Agency,

Ecotoxicology Database (ECOTOX), Mid-Continent Ecology Division, 6201 Congdon Boulevard, Duluth, MN 55804.

(c) The United States National Library of Medicine Toxicology Data Network, Hazardous Substance Database

(HSDB), 8600 Rockville Pike, Bethesda, MD 20894.

(3) A person must use data that are available to him or

her, and, when such data are inadequate for the purposes of

this section, must refer to the references identified in WAC

173-303-100(2) to determine:

(a) Toxicity data or toxic category for each known constituent in the waste;

(b) Whether or not each known constituent of the waste

is a halogenated organic compound or a polycyclic aromatic

hydrocarbon as defined in WAC 173-303-040.

(4) Quantity exclusion limit. A solid waste is a dangerous waste if it meets one or more of the dangerous waste criteria described in subsections (5) and (6) of this section. If a

person's solid waste meets one or more of these criteria then

he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-

303-070(8)) if the quantity of the waste exceeds the following quantity exclusion limits:

(a) For toxic dangerous wastes designated as EHW

(WT01), the quantity exclusion limit is 2.2 lbs. per month.

(b) For all other wastes designating under this section the

quantity exclusion limit is 220 lbs. (100 kg) per month or per

batch.

(5) Toxicity criteria. Except as provided in WAC 173-

303-070 (4) or (5), a person must determine if a solid waste

meets the toxicity criteria under this section by following

either the instructions for book designation, when his knowledge of the waste is sufficient, or by testing the waste using

the biological testing methods adopted under WAC 173-303-

110(3).

(a) Except as provided in WAC 173-303-070(4), if a person knows only some of the toxic constituents in the waste or

only some of the constituent concentrations, and if the waste

is undesignated for those known constituents or concentrations, then the waste is not designated for toxicity under this

subsection.

(b) Book designation procedure. A person may determine if a waste meets the toxicity criteria by following the

book designation instructions as follows:

Dangerous

Waste

Number Contaminant

(Chemical

Abstracts

Services #)

DW

(mg/L)

D004 Arsenic (7440-38-2) 5.0

D005 Barium (7440-39-3) 100.0

D018 Benzene (71-43-2) 0.5

D006 Cadmium (7440-43-9) 1.0

D019 Carbon tetrachloride (56-23-5) 0.5

D020 Chlordane (57-74-9) 0.03

D021 Chlorobenzene (108-90-7) 100.0

D022 Chloroform (67-66-3) 6.0

D007 Chromium (7440-47-3) 5.0

D023 o-Cresol (95-48-7)

/1/ 200.0

D024 m-Cresol (108-39-4)

/1/ 200.0

D025 p-Cresol (106-44-5)

/1/ 200.0

D026 Cresol /1/ 200.0

D016 2,4-D (94-75-7) 10.0

D027 1,4-Dichlorobenzene (106-46-7) 7.5

D028 1,2-Dichloroethane (107-06-2) 0.5

D029 1,1-Dichloroethylene (75-35-4) 0.7

D030 2,4-Dinitrotoluene (121-14-2)

/2/ 0.13

D012 Endrin (72-20-8) 0.02

D031 Heptachlor (and its

epoxide)

(76-44-8) 0.008

D032 Hexachlorobenzene (118-74-1)

/2/ 0.13

D033 Hexachlorobutadiene (87-68-3) 0.5

D034 Hexachloroethane (67-72-1) 3.0

D008 Lead (7439-92-1) 5.0

D013 Lindane (58-89-9) 0.4

D009 Mercury (7439-97-6) 0.2

D014 Methoxychlor (72-43-5) 10.0

D035 Methyl ethyl ketone (78-93-3) 200.0

D036 Nitrobenzene (98-95-3) 2.0

D037 Pentachlorophenol (87-86-5) 100.0

D038 Pyridine (110-86-1)

/2/ 5.0

D010 Selenium (7782-49-2) 1.0

D011 Silver (7440-22-4) 5.0

D039 Tetrachloroethylene (127-18-4) 0.7

D015 Toxaphene (8001-35-2) 0.5

D040 Trichloroethylene (79-01-6) 0.5

D041 2,4,5-Trichlorophenol (95-95-4) 400.0

D042 2,4,6-Trichlorophenol (88-06-2) 2.0

D017 2,4,5-TP (Silvex) (93-72-1) 1.0

D043 Vinyl chloride (75-01-4) 0.2
Dangerous Waste Regulations 173-303-100

(6/30/09) [Ch. 173-303 WACóp. 39]

(i) A person must determine the toxic category for each

known constituent. The toxic category for each constituent

may be determined from available data, for example, Registry for Toxic Effects of Chemical Substances (RTECS), Hazardous Substances Data Bank (HSDB), and Ecotoxicology

database (ECOTOX). The toxic category should then be

identified, using the table below. If data are available for

more than one test endpoint (that is, fish, oral rat, inhalation

rat, or dermal rabbit), the value with the highest toxicity must

be used. Similarly, if toxicity data do not agree on the same

toxic category within the same test endpoint, the value with

the highest toxicity must be used. Finally, if toxicity data for

a constituent cannot be found in reasonably available sources

(for example, RTECS, HSDB or ECOTOX), the toxic category for that constituent need not be determined.

TOXIC CATEGORY TABLE

(ii) A person whose waste contains one or more toxic

constituents must determine the equivalent concentration for

the waste from the following formula:

where ∑(X,A,B,C, or D)% is the sum of all the concentration

percentages for a particular toxic category.

Example 1. A person's waste contains: Aldrin (A Category) - .01%; Endrin (A Category) - 1%; Benzene (D Category) - 4%; Phenol (C Category) - 2%; Dinoseb (B Category)

- 5%; Water (nontoxic) - 87%. The equivalent concentration

(E.C.) would be:

So the equivalent concentration equals 0.1534%.

(iii) A person whose waste contains toxic constituents

must determine its designation according to the value of the

equivalent concentration:

(A) If the equivalent concentration is less than 0.001%,

the waste is not a toxic dangerous waste; or

(B) If the equivalent concentration is equal to or greater

than 0.001% and less than 1.0%, the person will designate the

waste as DW and assign the dangerous waste number WT02;

and

(C) If the equivalent concentration is equal to or less than

0.01%, the DW may also be a special waste; or

(D) If the equivalent concentration is equal to or greater

than 1.0%, the person will designate the waste as EHW and

assign the dangerous waste number WT01.

Example 1. Continued. The equivalent concentration of

0.1534% (from Example 1. above) is greater than 0.001%

and less than 1.0%. The waste is DW and the dangerous

waste number WT02 must be assigned.

(iv) Reserve.

(c) Designation from bioassay data. A person may determine if a waste meets the toxicity criteria by following the

bioassay designation instructions of either:

(i) The DW bioassay. To determine if a waste is DW, a

person must establish the toxicity category range of a waste

by means of the 100 mg/L acute static fish test or the 5000

mg/kg oral rat test, as described in the biological testing

methods (bioassay) adopted in WAC 173-303-110(3). If data

from the test indicates that the waste is DW, then the person

will assign the dangerous waste number WT02. Otherwise,

the waste is not regulated as toxic dangerous waste. No further testing must be done except as provided in WAC 173-

303-070 (4) and (5), or if the person chooses to determine

whether the waste is EHW, or in the case of state-only solid

dangerous waste, if the person chooses to determine whether

the waste is special waste; or

(ii) The EHW and special waste bioassay. To determine

if a waste is EHW, a person must establish the toxicity of a

waste by means of the fish bioassay at 10 mg/L or the rat bioassay at 50 mg/Kg, as described in the biological testing

methods (bioassay) adopted in WAC 173-303-110(3). (NOTE:

A fish bioassay at 1 mg/L corresponds with the definition of

EHW, which includes toxic categories X-B. However, the

fish bioassay is not reproducible at these low levels.) If data

from the test indicates that the waste is EHW, then the person

will assign the dangerous waste number WT01. Otherwise,

the waste will be designated DW, and the person will assign

the dangerous waste number WT02. A person with state-only

solid waste may choose to test a waste to determine if it is

special waste. Testing levels for special waste must be at 10

mg/L for the fish bioassay or 500 mg/Kg for the oral rat bioassay. No further testing must be done except as provided in

WAC 173-303-070 (4) and (5), or if the person chooses to

test the waste in accordance with WAC 173-303-100 (5)(c)(i)

to determine if the waste is not regulated as toxic dangerous

waste.

(d) If the designation acquired from book designation

and bioassay data do not agree, then bioassay data will be

used to designate a waste. If a waste is designated as DW or

EHW following the book designation procedure, a person

may test the waste by means of the biological testing methods

(bioassay) adopted under WAC 173-303-110(3), using either

the static acute fish or the acute oral rat method, to demonstrate that the waste is not a dangerous waste or should be

designated as DW and not EHW.

(e) A waste designated as DW by toxicity criteria must

be assigned the dangerous waste number of WT02. A waste

designated as EHW by toxicity criteria must be assigned the

dangerous waste number of WT01.

(6) Persistence criteria. For the purposes of this section,

persistent constituents are chemical compounds which are

either halogenated organic compounds (HOC), or polycyclic

Toxic

Category

Fish

LC50(mg/L)b

Oral Rat

LD50(mg/kg)

Inhalation

Rat

LC50(mg/L)c

Dermal

Rabbit

LD50(mg/kg)

X <0.01 <0.5 <0.02 < 2

A 0.01 - <0.1 0.5 - <5 0.02 - <0.2 2 - <20

B 0.1 - <1 5 - <50 0.2 - <2 20 - <200

C 1 - <10 50 - <500 2 - <20 200 - <2000

D 10 - 100 500 - 5000 20 - 200 2000 - 20,000

a These four test endpoints are defined in WAC 173-303-040. b Fish LC50 data must be derived from an exposure period greater 

than or equal to twenty-four hours. A hierarchy of species LC50

data should be used that includes (in decreasing order of preference) salmonids, fathead minnows, and other fish species. c Inhalation Rat LC50 data must be derived from an exposure 

period greater than or equal to one hour.

Equivalent ∑X% + ∑A% + ∑B% + ∑C% + ∑D%

Concentration (%) = 1 10 100 1000 10,000

E.C. (%) = 0% + (0.01%+ 1.0%) + 5.0% + 2.0% + 4.0%

1 10 100 1000 10,000

= 0% + 0.101% + 0.05% + 0.002% + 0.0004% = 0.1534%
173-303-101 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 40] (6/30/09)

aromatic hydrocarbons (PAH), as defined under WAC 173-

303-040. Except as provided in WAC 173-303-070 (4) or

(5), a person may determine the identity and concentration of

persistent constituents by either applying knowledge of the

waste or by testing the waste according to WAC 173-303-110

(3)(c) Chemical Testing Methods for Designating Dangerous

Waste Publication #97-407.

(a) Except as provided in WAC 173-303-070(4), if a person knows only some of the persistent constituents in the

waste, or only some of the constituent concentrations, and if

the waste is undesignated for those known constituents or

concentrations, then the waste is not designated for persistence under this subsection.

(b) When a waste contains one or more halogenated

organic compounds (HOC) for which the concentrations are

known, the total halogenated organic compound concentration must be determined by summing the concentration percentages for all of the halogenated organic compounds for

which the concentration is known.

Example 2. A waste contains: Carbon tetrachloride -

.009%; DDT - .012%; 1,1,1 - trichloroethylene - .020%. The

total halogenated organic compound concentration would be:

Total HOC Concentration (%) = .009% +

.012% +.020% =.041%

(c) A person whose waste contains polycyclic aromatic

hydrocarbons (PAH) as defined in WAC 173-303-040, must

determine the total PAH concentration by summing the concentration percentages of each of the polycyclic aromatic

hydrocarbons for which they know the concentration.

Example 3. A person's waste contains: Chrysene - .08%;

3,4 - benzo(a)pyrene - 1.22%. The total polycyclic aromatic

hydrocarbon concentration would be:

Total PAH Concentration (%) = .08% + 1.22% = 1.30%

(d) A person whose waste contains halogenated organic

compounds and/or polycyclic aromatic hydrocarbons must

determine its designation from the persistent dangerous waste

table.

PERSISTENT DANGEROUS WASTE TABLE

(7) Reserve.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-100, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-100, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-100, 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), ß 173-303-100, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-100, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-100, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-100, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-

303-100, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-100, filed

2/10/82.]

173-303-101 WAC 173-303-101 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060

(Order 92-33), ß 173-303-101, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

101, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-101, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-101, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-101, filed 2/10/82. Formerly chapter 173-302 WAC.]

173-303-102 WAC 173-303-102 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060

(Order 92-33), ß 173-303-102, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

102, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-102, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-102, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-102, filed 2/10/82. Formerly WAC 173-302-130.]

173-303-103 WAC 173-303-103 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060

(Order 92-33), ß 173-303-103, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-103,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-103, filed 6/26/87; 84-14-031 (Order

DE 84-22), ß 173-303-103, filed 6/27/84. Statutory Authority: RCW

70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-

303-103, filed 2/10/82.]

173-303-104 WAC 173-303-104 State-specific dangerous waste

numbers. (1) Purpose. This section sets forth the dangerous

waste number for each of the dangerous waste criteria designations and for listed and characteristic waste codes that are

unique to Washington state.

(2) Characteristics. A waste that exhibits any of the dangerous waste characteristics, WAC 173-303-090, must be

assigned the dangerous waste number corresponding to the

characteristic(s) exhibited by the waste (see WAC 173-303-

090).

For state-only solid corrosive wastes, the dangerous

waste number of WSC2 must be assigned.

(3) Criteria. The following table must be used for assigning dangerous waste numbers to wastes designated by the

dangerous waste criteria at WAC 173-303-100.

(4) State source listed PCB wastes (WAC 173-303-

9904) must be assigned the dangerous waste code of WPCB.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-104, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

If your waste

contains...

At a total

concentration

level of...

Then your waste's

designation, and

waste # are...

Halogenated

Organic Compounds 

(HOC)

0.01% to 1.0%

greater than 1.0%

DW, WP02

EHW, WP01

Polycyclic Aromatic

Hydrocarbons (PAH)

greater than 1.0% EHW*, WP03

*No DW concentration level for PAH.

GENERIC DANGEROUS WASTE NUMBERS TABLE

Dangerous

Waste#

Dangerous Waste

 Criteria and Designation

Toxic Dangerous Wastes

WT01óóóóóó EHW

WT02 óóóóóó DW

Persistent Dangerous Wastes

Halogenated

Organic Compounds

WP01 óóóóóó EHW

WP02 óóóóóó DW

Polycyclic Aromatic Hydrocarbons

WP03 óóóóóó EHW
Dangerous Waste Regulations 173-303-110

(6/30/09) [Ch. 173-303 WACóp. 41]

70.105.007. 04-24-065 (Order 03-10), ß 173-303-104, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-104, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-104, filed 10/19/95, effective 11/19/95; 94-

12-018 (Order 93-34), ß 173-303-104, filed 5/23/94, effective 6/23/94. Statutory Authority: Chapter 70.105 RCW. 84-14-031 (Order DE 84-22), ß 173-

303-104, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-104, filed

2/10/82.]

173-303-110 WAC 173-303-110 Sampling, testing methods, and

analytes. (1) Purpose. This section sets forth the testing

methods to be used to comply with the requirements of this

chapter. Quality control procedures specified by the testing

method or an approved equivalent method must be followed

for the analytical result to be considered valid for designation. All methods and publications listed in this section are

incorporated by reference.

(2) Representative samples.

(a) The methods and equipment used for obtaining representative samples of a waste will vary with the type and form

of the waste. The department will consider samples collected

using the sampling methods below or the most recent version

of such methods for wastes with properties similar to the indicated materials, to be representative samples of the wastes:

(i) Crushed or powdered material - ASTM Standard

D346-04e1;

(ii) Extremely viscous liquid - ASTM Standard D140-01

(2007);

(iii) Fly ash-like material - ASTM Standard

D2234/D2234M-03e1;

(iv) Soil-like material - ASTM Standard D1452-80

(2000);

(v) Soil or rock-like material - ASTM Standard D420-98

(2003);

(vi) Containerized liquid wastes - "COLIWASA"

described in SW-846, as incorporated by reference at WAC

173-303-110 (3)(a), or the equivalent representative sampling method described in ASTM D5743-97 (2003). Per this

method, the selection of an appropriate device must be best

suited for the characteristics of the waste being sampled; and

(vii) Liquid waste in pits, ponds, lagoons, and similar

reservoirs - "Pond Sampler" described in SW-846, as incorporated by reference at WAC 173-303-110 (3)(a).

(b) Copies of these representative sampling methods are

available from the department except for the ASTM standards which can be obtained by writing to:

ASTM

100 Barr Harbor Drive

West Conshohocken, PA 19428-2959

(3) Test procedures. Copies of the test procedures listed

in this subsection can be obtained by writing to the appropriate address below:

For copies of Department of Ecology test methods:

Attn: Test Procedures

Hazardous Waste Section

Department of Ecology

PO Box 47600

Olympia, Washington 98504-7600

For copies of SW-846, including updates, and 40 CFR

Part 261:

Superintendent of Documents

U.S. Government Printing Office

Washington, D.C. 20402

(202) 512-1800

For copies of ASTM methods:

ASTM

100 Barr Harbor Drive

West Conshohocken, PA 19428-2959

For copies of APTI methods:

APTI

National Technical Information Service

5285 Port Royal Road

Springfield, VA 22161

The document titles and included test procedures are as follows:

(a) Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication, SW-846 (Third

Edition (November 1986) as amended by Updates I (dated

July 1992), II (dated September 1994), IIA (dated August

1993), IIB (dated January 1995), III (dated December 1996),

IIIA (dated April 1998), IIIB (dated July 2005), and Final

Update IV (dated February 2007)), which is incorporated by

reference. The Third Edition of SW-846 and its Updates

(document number 955-001-00000-1) are available from the

Superintendent of Documents. Update IIIA is available

through EPA's Methods Information Communication

Exchange (MICE) Service. MICE can be contacted by phone

at (703) 821-4690. Update IIIA can also be obtained by contacting the U.S. Environmental Protection Agency, Office of

Solid Waste (5307W), OSW Methods Team, 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Copies of the

Third Edition and all of its updates are also available from the

National Technical Information Service (NTIS), 5285 Port

Royal Road, Springfield, VA 22161, (703) 605-6000 or (800)

553-6847;

(b) Biological Testing Methods, Department of Ecology

Publication #80-12, the latest revision, describing procedures

for:

(i) Static acute fish toxicity test; and

(ii) Acute oral rat toxicity test;

(c) Chemical Testing Methods for Designating Dangerous Waste, Department of Ecology Publication #97-407, June

2009 describing methods for testing:

(i) Ignitability;

(ii) Corrosivity;

(iii) Reactivity;

(iv) Toxicity characteristic leaching procedure;

(v) Halogenated organic compounds; and

(vi) Polycyclic aromatic hydrocarbons.

(d) Reserve;

(e)(i) The determination of Polychlorinated Biphenyls in

Transformer Fluids and Waste Oils, EPA-600/4-81-045; and

(ii) Analysis of Polychlorinated Biphenyls in Mineral

Insulating Oils by Gas Chromatography, ASTM Standard

D4059-00 (2005)e1.
173-303-120 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 42] (6/30/09)

(f) Appropriate analytical procedures to determine

whether a sample contains a given toxic constituent are specified in Chapter Two, "Choosing the Correct Procedure"

found in Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods, EPA Publication SW-846.

(g) The following publications for air emission standards

(in addition to (a) of this subsection).

(i) ASTM Standard Method for Analysis of Reformed

Gas by Gas Chromatography, ASTM Standard D1946-90

(2006).

(ii) ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), ASTM Standard D4809-06.

(iii) ASTM Standard Practices for General Techniques

of Ultraviolet-Visible Quantitative Analysis, ASTM Standard E169-04.

(iv) ASTM Standard Practices for General Techniques

of Infrared Quantitative Analysis, ASTM Standard E168-06.

(v) ASTM Standard Practice for Packed Column Gas

Chromatography, ASTM Standard E260-96 (2006).

(vi) ASTM Standard Test Method for Aromatics in Light

Naphthas and Aviation Gasolines by Gas Chromatography,

ASTM Standard D5580-02.

(vii) ASTM Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM Standard D2879-

97 (2002)e1.

(viii) "APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA-450/2-81-005, December

1981.

(ix) "API Publication 2517, Third Edition," February

1989, "Evaporative Loss from External Floating-Roof

Tanks," available from the American Petroleum Institute,

1220 L Street, Northwest, Washington, D.C. 20005.

(h) The following publications:

(i) "NFPA 30: Flammable and Combustible Liquids

Code" (2003), available from the National Fire Protection

Association, NFPA Headquarters, 1 Batterymarch Park,

Quincy, MA 02169-7471.

(ii) U.S. EPA, "Screening Procedures for Estimating the

Air Quality Impact of Stationary Sources, Revised," October

1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC.

(iii) "ASTM Standard Test Methods for Preparing

Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," ASTM Standard E926-94, Test Method C-Bomb, Acid

Digestion Method, available from American Society for

Testing Materials, 1916 Race Street, Philadelphia, PA 19103.

(iv) Method 1664, Revision A, n-Hexane Extractable

Material (HEM; Oil and Grease) and Silica Gel Treated nHexane Extractable Material (SGT-HEM; Nonpolar Material) by Extraction and Gravimetry. Available from NTIS,

PB99-121949, U.S. Department of Commerce, 5285 Port

Royal Road, Springfield, VA 22161.

(v) ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester, ASTM Standard D3278-96

(2004)e1, available from American Society for Testing and

Materials.

(vi) ASTM Standard Test Methods for Flash Point by

Pensky-Martens Closed Tester, ASTM Standard D93-06.

(vii) API Publication 2517, Third Edition, February

1989, "Evaporative Loss from External Floating-Roof

Tanks," available from the American Petroleum Institute,

1220 L Street, Northwest, Washington, D.C. 20005.

(4) Substantial changes to the testing methods described

above will be made only after the department has provided

adequate opportunity for public review and comment on the

proposed changes. The department may, at its discretion,

schedule a public hearing on the proposed changes.

(5) Equivalent testing methods. Any person may request

department approval for the use of an equivalent testing

method by submitting a petition, prepared in accordance with

WAC 173-303-910(2), to the department.

(6) Reporting analytical results. Ecology requires that all

test methods report their analytical results for solid and soil

samples on a dry weight basis. Reporting on a dry weight

basis compensates for variability in water content and provides a consistent procedure for all analytical results provided to ecology for designation purposes.

(7) "Ground-Water Monitoring List" Appendix IX to 40

CFR Part 264 is replaced with the version in Appendix 5 of

Chemical Testing Methods for Designating Dangerous

Waste, Department of Ecology Publication #97-407, March

2008. The Appendix "Ground-Water Monitoring List" in

Chemical Testing Methods includes the columns "Suggested

methods" and "PQL."

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-110, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-110, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-110, 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), ß 173-303-110, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-110, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-110, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-110, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-110,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-110, filed 1/4/89; 86-12-057 (Order

DE-85-10), ß 173-303-110, filed 6/3/86; 84-14-031 (Order DE 84-22), ß

173-303-110, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-110, filed

2/10/82.]

173-303-120 WAC 173-303-120 Recycled, reclaimed, and recovered wastes. (1) This section describes the requirements for

persons who recycle materials that are solid wastes and dangerous. Except as provided in subsections (2) and (3) of this

section, dangerous wastes that are recycled are subject to the

requirements for generators, transporters, and storage facilities of subsection (4) of this section. Dangerous wastes that

are recycled will be known as "recyclable materials."

(2)(a) The following recyclable materials are solid

wastes and sometimes are dangerous wastes. However, they

are subject only to the requirements of (b) of this subsection,

WAC 173-303-050, 173-303-145 and 173-303-960:

(i) Industrial ethyl alcohol that is reclaimed (except that,

unless provided otherwise in an international agreement as

specified in 40 CFR 262.58: See export requirements at 40

CFR 261.6 (3)(i)(A) and (B) that are incorporated by reference at WAC 173-303-230(1));
Dangerous Waste Regulations 173-303-120

(6/30/09) [Ch. 173-303 WACóp. 43]

(ii) Reserve;

(iii) Reserved;

(iv) Scrap metal that is not excluded under WAC 173-

303-071 (3)(ff);

(v) Fuels produced from the refining of oil-bearing dangerous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this

exemption does not apply to fuels produced from oil recovered from oil-bearing dangerous wastes where such recovered oil is already excluded under WAC 173-303-071

(3)(cc));

(vi) Reserve;

(vii) Coke and coal tar from the iron and steel industry

that contains dangerous waste from the iron and steel production process;

(viii)(A) Dangerous waste fuel produced from oil-bearing dangerous wastes from petroleum refining, production, or

transportation practices, or produced from oil reclaimed from

such dangerous wastes, where such dangerous wastes are

reintroduced into a process that does not use distillation or

does not produce products from crude oil so long as the

resulting fuel meets the used oil specification under 40 CFR

279.11 (which is incorporated by reference at WAC 173-303-

515(4)) and so long as no other dangerous wastes are used to

produce the dangerous waste fuel;

(B) Dangerous waste fuel produced from oil-bearing

dangerous waste from petroleum refining production, and

transportation practices, where such dangerous wastes are

reintroduced into a refining process after a point at which

contaminants are removed, so long as the fuel meets the used

oil fuel specification under 40 CFR 279.11 (which is incorporated by reference at WAC 173-303-515(4)); and

(C) Oil reclaimed from oil-bearing dangerous wastes

from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil

meets the used oil fuel specification under 40 CFR 279.11

(which is incorporated by reference at WAC 173-303-

515(4)).

(b) Any recyclable material listed in (a) of this subsection will be subject to the applicable requirements listed in

subsection (4) of this section if the department determines, on

a case-by-case basis, that:

(i) It is being accumulated, used, reused, or handled in a

manner that poses a threat to public health or the environment; or

(ii) Due to the dangerous constituent(s) in it, any use or

reuse would pose a threat to public health or the environment.

Such recyclable material will be listed in WAC 173-303-

016(6).

(3) The recyclable materials listed in (a) through (h) of

this subsection are not subject to the requirements of this section but are subject to the requirements of WAC 173-303-070

through 173-303-110, 173-303-160, 173-303-500 through

173-303-525, and all applicable provisions of WAC 173-

303-800 through 173-303-840.

In addition to these requirements, owners and operators

of facilities that receive recyclable materials from off-site are

subject to WAC 173-303-610 (2) and (12) and to WAC 173-

303-620 (1)(e).

(a) Recycling requirements for state-only dangerous

wastes (see WAC 173-303-500);

(b) Recyclable materials used in a manner constituting

disposal (see WAC 173-303-505);

(c) Spent CFC or HCFC refrigerants that are recycled

on-site or sent to be reclaimed off-site (see WAC 173-303-

506);

(d) Dangerous wastes burned for energy recovery in

boilers and industrial furnaces that are not regulated under

Subpart O of 40 CFR Part 265 or WAC 173-303-670 (see

WAC 173-303-510);

(e) Reserved;

(f) Spent lead-acid batteries that are being reclaimed (see

WAC 173-303-520);

(g) Recyclable materials from which precious metals are

reclaimed (see WAC 173-303-525); and

(h) Spent antifreeze that is recycled on-site or sent to be

recycled off-site (see WAC 173-303-522).

(4) Those recycling processes not specifically discussed

in subsections (2) and (3) of this section are generally subject

to regulation only up to and including storage prior to recycling. For the purpose of this section, the department may

determine on a case-by-case basis that recyclable materials

received from off-site are not stored if they are moved into an

active recycling process within a period of time not to exceed

seventy-two hours after being received. In making such a

determination, the department will consider factors including, but not limited to, the types and volumes of wastes being

recycled, operational factors of the recycling process, and the

compliance history of the owner or operator. An active recycling process refers to a dynamic recycling operation that

occurs within a recycling unit such as a distillation or centrifuge unit. The phrase does not refer to passive storage-like

activities that occur, for example, when tanks or containers

are used for phase separation or for settling impurities. Passive storage-like activities are not eligible for the recycling

exemption under this subsection.

The recycling process itself is generally exempt from

permitting unless the department determines, on a case-bycase basis, that the recycling process poses a threat to public

health or the environment.

Unless specified otherwise in subsections (2) and (3) of

this section:

(a) Generators of recyclable materials are subject to all

applicable requirements of this chapter including, but not

limited to, WAC 173-303-170 through 173-303-230;

(b) Transporters of recyclable materials are subject to all

applicable requirements of this chapter including, but not

limited to, WAC 173-303-240 through 173-303-270;

(c) Owners or operators of facilities that receive recyclable materials from off-site and recycle these recyclable materials without storing them before they are recycled are subject

to the following requirements:

(i) WAC 173-303-060,

(ii) WAC 173-303-120 (4)(e),

(iii) WAC 173-303-283 through 173-303-290,

(iv) WAC 173-303-310 through 173-303-395,

(v) WAC 173-303-610 (2) and (12),

(vi) WAC 173-303-620 (1)(e),

(vii) WAC 173-303-630 (2) through (10), and
173-303-121 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 44] (6/30/09)

(viii) WAC 173-303-640 (2) through (10) except that

requirements to post-closure planning or care in WAC 173-

303-640(8) will not apply to closure of recycling units. In

lieu of the dates in WAC 173-303-640 (2) and (4), for existing tank systems regulated under this subsection, owners and

operators must complete the assessment of the tank system's

integrity by June 1, 1992, and must meet the secondary containment requirements of WAC 173-303-640(4) by January

12, 1993;

(ix) The owner or operator must obtain data, by screening-type analysis if necessary, confirming the designation of

each waste stream, such that each dangerous waste received

can be effectively recycled without jeopardizing human

health or the environment. The owner or operator must verify

the waste designation periodically, so that it is accurate and

current, but at least once every six months or on a batch basis

if shipments of a specific waste stream are less frequent. Copies of all analyses and data must be retained for at least five

years and made available to the department upon request.

(d) Owners and operators of facilities that store recyclable materials before they are recycled are subject to the following requirements including, but not limited to:

(i) For all recyclers, the applicable provisions of:

(A) WAC 173-303-280 through 173-303-395,

(B) WAC 173-303-800 through 173-303-840,

(C) WAC 173-303-140 (2)(a),

(D) WAC 173-303-120 (4)(e);

(ii) For recyclers with interim status permits, the applicable storage provisions of WAC 173-303-400 including Subparts F through L of 40 CFR Part 265;

(iii) For recyclers with final facility permits, the applicable storage provisions of:

(A) WAC 173-303-600 through 173-303-650, and

(B) WAC 173-303-660.

(e) Owners and operators of facilities subject to dangerous waste permitting requirements with dangerous waste

management units that recycle hazardous wastes are subject

to the requirements of WAC 173-303-690, 173-303-691 (Air

emission standards for process vents and equipment leaks),

and WAC 173-303-692 (Air emission standards for tanks,

surface impoundments, and containers) for final status facilities, and 40 CFR Part 265 Subparts AA, BB, and CC, incorporated by reference at WAC 173-303-400(3) for interim status facilities.

(5) Used oil that is recycled and is also a dangerous

waste solely because it exhibits a dangerous waste characteristic or criteria is not subject to the requirements of this chapter except for 40 CFR Part 279 which is incorporated by reference at WAC 173-303-515. Used oil that is recycled

includes any used oil that is reused, following its original use,

for any purpose (including the purpose for which the oil was

originally used). Such term includes, but is not limited to, oil

that is re-refined, reclaimed, burned for energy recovery, or

reprocessed.

(6) Hazardous waste that is exported to or imported from

designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in

40 CFR 262.58 (a)(1)) for purpose of recovery is subject to

the requirements of 40 CFR part 262, subpart H, if it is subject to either the manifesting requirements at WAC 173-303-

180 or to the universal waste management standards of WAC

173-303-573.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-120, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-120, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-120, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-120, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-120, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-120, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 93-02-050 (Order 92-32), ß 173-303-120,

filed 1/5/93, effective 2/5/93. Statutory Authority: Chapters 70.105 and

70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-

07-005 (Order 90-42), ß 173-303-120, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), ß 173-303-

120, filed 9/6/88; 88-07-039 (Order 87-37), ß 173-303-120, filed 3/11/88;

87-14-029 (Order DE-87-4), ß 173-303-120, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-120, filed 6/3/86; 84-14-031 (Order DE 84-22), ß

173-303-120, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-120, filed

2/10/82.]

173-303-121 WAC 173-303-121 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß

173-303-121, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-121,

filed 4/18/84.]

173-303-130 WAC 173-303-130 Containment and control of infectious wastes. (Reserved.)

[Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023

(Order DE 81-33), ß 173-303-130, filed 2/10/82.]

173-303-140 WAC 173-303-140 Land disposal restrictions. (1)

Purpose.

(a) The purpose of this section is to encourage the best

management practices for dangerous wastes according to the

priorities of RCW 70.105.150 which are, in order of priority:

(i) Reduction;

(ii) Recycling;

(iii) Physical, chemical, and biological treatment;

(iv) Incineration;

(v) Stabilization and solidification; and

(vi) Landfill.

(b) This section identifies dangerous wastes that are

restricted from land disposal, describes requirements for

restricted wastes, and defines the circumstances under which

a prohibited waste may continue to be land disposed.

(c) For the purposes of this section, the term "landfill," as

stated in the priorities of RCW 70.105.150, will be the same

as the term "land disposal." Land disposal will be used in this

section to identify the lowest waste management priority.

(2) Applicability.

The land disposal restrictions of this section apply to any

person who owns or operates a dangerous waste treatment,

storage, or disposal facility in Washington state and to any

person who generates or transports dangerous waste. 

(a) Land disposal restrictions for wastes designated in

accordance with WAC 173-303-070 (3)(a)(i), (ii), and (iii)

are the restrictions set forth by the Environmental Protection

Agency in 40 CFR Part 268 which are incorporated by reference into this regulation, as modified in (c) through (f) of this

subsection, and the restrictions set forth in subsections (3)

through (7) of this section. The words "regional administra-
Dangerous Waste Regulations 173-303-140

(6/30/09) [Ch. 173-303 WACóp. 45]

tor" (in 40 CFR) will mean the "department," except for 40

CFR Parts 268.5 and 268.6; 268 Subpart B; 268.42(b) and

268.44 (a) through (g). The authority for implementing these

excluded CFR sections remains with the U.S. Environmental

Protection Agency. The word "EPA" (in 40 CFR) means

"Ecology" at 40 CFR 268.44(m). The exemption and exception provisions of subsections (3) through (7) of this section

are not applicable to the federal land disposal restrictions.

Where the federal regulations that have been incorporated by reference refer to 40 CFR 260.11, data provided

under this section must instead meet the requirements of

WAC 173-303-110.

(b) Land disposal restrictions for state-only dangerous

waste are the restrictions set forth in subsections (3) through

(7) of this section.

(c) Where 40 CFR 268.7 (a)(1) is incorporated by reference, delete the sentence "Alternatively, the generator must

send the waste to a RCRA-permitted dangerous waste treatment facility, where the waste treatment facility must comply

with the requirements of 264.13 of this chapter and 268.7(b)

of this section."

(d) Where 40 CFR 268.7 (a)(2) is incorporated by reference:

(i) Delete the words "or if the generator chooses not to

make the determination of whether his waste must be treated"

from the first sentence; and

(ii) Delete the sentence "(Alternatively, if the generator

chooses not to make the determination of whether the waste

must be treated, the notification must include the EPA Hazardous Waste Numbers and Manifest Number of the first

shipment and must state 'This hazardous waste may or may

not be subject to the LDR treatment standards. The treatment

facility must make the determination'.)"

(e) Where 40 CFR 268.7 (b)(6) is incorporated by reference, replace the words "for the initial shipment of waste,

prepare a one-time certification described in paragraph (b)(4)

of this section, and a one-time notice which includes the

information in paragraph (b)(3) of this section (except the

manifest number)" with the words "submit a certification

described in paragraph (b)(4) of this section, and a notice

which includes the information listed in paragraph (b)(3) of

this section (except for the manifest number) to the department for each shipment".

(f) Where 40 CFR 268.9(d) is incorporated by reference,

replace paragraph (d) with the following: Wastes that exhibit

a characteristic are also subject to Section 268.7 requirements, except that once the waste is no longer dangerous, a

one-time notification and certification must be placed in the

generators or treaters files and sent to the department. The

notification and certification that is placed in the generators

or treaters files must be updated if the process or operation

generating the waste changes and/or if the subtitle D facility

receiving the waste changes. However, the generator or

treater need only notify the department on an annual basis if

such changes occur. Such notification and certification

should be sent to the department by the end of the calendar

year, but no later than December 31.

(i) The notification must include the following information:

(A) Name and address of the RCRA Subtitle D facility

receiving the waste shipment; and

(B) A description of the waste as initially generated,

including the applicable dangerous waste code(s), treatability

group(s), and underlying hazardous constituents (as defined

in Sec. 268.2(i)), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored,

there is no requirement to list any of the underlying hazardous constituents on the notice.

(ii) The certification must be signed by an authorized

representative and must state the language found in Section

268.7 (b)(4).

If treatment removes the characteristic but does not meet

standards applicable to underlying hazardous constituents,

then the certification found in Sec. 268.7 (b)(4)(iv) applies.

(3) Definitions.

When used in this section the following terms have the

meaning provided in this subsection. All other terms have the

meanings given under WAC 173-303-040.

(a) "Dangerous waste constituents" means those constituents listed in WAC 173-303-9905 and any other constituents which have caused a waste to be a dangerous waste

under this chapter.

(b) "Land disposal" means placement in a facility or on

the land with the intent of leaving the dangerous waste at closure, and includes, but is not limited to, placement for disposal purposes in a: Landfill; surface impoundment; waste

pile; injection well; land treatment facility; salt dome or salt

bed formation; underground cave or mine; concrete vault or

bunker.

(c) "Organic/carbonaceous waste" means a dangerous

waste that contains combined concentrations of greater than

ten percent organic/carbonaceous constituents in the waste;

organic/carbonaceous constituents are those substances that

contain carbon-hydrogen, carbon-halogen, or carbon-carbon

chemical bonding.

(d) "Solid acid waste" means a dangerous waste that

exhibits the characteristic of low pH under the corrosivity test

of WAC 173-303-090 (6)(a)(iii).

(e) "Stabilization" and "solidification" mean a technique

that limits the solubility and mobility of dangerous waste

constituents. Solidification immobilizes a waste through

physical means and stabilization immobilizes the waste by

bonding or chemically reacting with the stabilizing material.

(4) Land disposal restrictions and prohibitions. The land

disposal requirements of this subsection apply to land disposal in Washington state.

(a) Disposal of extremely hazardous waste (EHW). No

person may land dispose of EHW, except as provided in subsection (5) of this section, at any land disposal facility in the

state. No person may land dispose of EHW at the facility

established under RCW 70.105.050, except as provided by

subsections (5), (6), and (7) of this section. A person is

encouraged to reclaim, recycle, recover, treat, detoxify, neutralize, or otherwise process EHW to remove or reduce its

harmful properties or characteristics, provided that such processing is performed in accordance with the requirements of

this chapter.

(b) Disposal of liquid waste. Special requirements for

bulk and containerized liquids.

(i) The placement of bulk or noncontainerized liquid

dangerous waste or dangerous waste containing free liquids
173-303-140 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 46] (6/30/09)

(whether or not sorbents have been added) in any landfill is

prohibited.

(ii) Containers holding free liquids must not be placed in

a landfill unless:

(A) All free-standing liquid:

(I) Has been removed by decanting, or other methods; or

(II) Has been mixed with sorbent or stabilized (solidified) so that free-standing liquid is no longer observed; or

(III) Has been otherwise eliminated; or

(B) The container is very small, such as an ampule; or

(C) The container is designed to hold free liquids for use

other than storage, such as a battery or capacitor; or

(D) The container is a labpack and is disposed of in

accordance with WAC 173-303-161 and this chapter.

(iii) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following

tests must be used: Method 9095 (Paint Filter Liquids Test)

as described in "Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods" EPA Publication SW-846 as

incorporated by reference in WAC 173-303-110 (3)(a).

(iv) Sorbents used to treat free liquids to be disposed of

in landfills must be nonbiodegradable. Nonbiodegradable

sorbents are: Materials listed or described in (b)(iv)(A) of

this subsection; materials that pass one of the tests in

(b)(iv)(B) of this subsection; or materials that are determined

by the department to be nonbiodegradable through WAC

173-303-910.

(A) Nonbiodegradable sorbents.

(I) Inorganic minerals, other inorganic materials, and

elemental carbon (e.g., aluminosilicates, clays, smectites,

Fuller's earth, bentonite, calcium bentonite, montmorillonite,

calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone);

oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock;

volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or

(II) High molecular weight synthetic polymers (e.g.,

polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, crosslinked allylstyrene and tertiary butyl copolymers). This does

not include polymers derived from biological material or

polymers specifically designed to be degradable; or

(III) Mixtures of these nonbiodegradable materials.

(B) Tests for nonbiodegradable sorbents.

(I) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-96 (2002) - Standard

Practice for Determining Resistance of Synthetic Polymer

Materials to Fungi; or

(II) The sorbent material is determined to be nonbiodegradable under OECD (Organization for Economic Cooperation and Development) test 301B: [CO2 Evolution (Modified

Sturm Test)].

(v) The placement of any liquid which is not a dangerous

waste in a landfill is prohibited unless the owner or operator

of such landfill demonstrates to the department, or the department determines, that:

(A) The only reasonably available alternative to the

placement in such landfill is placement in a landfill or unlined

surface impoundment, whether or not permitted or operating

under interim status, which contains, or may reasonably be

anticipated to contain, hazardous waste; and

(B) Placement in such owner or operator's landfill will

not present a risk of contamination of any underground

source of drinking water (as that term is defined in WAC

173-303-040).

(c) Disposal of solid acid waste. No person may land dispose solid acid waste, except as provided in subsections (5),

(6), or (7) of this section. A person is encouraged to reclaim,

recycle, recover, treat, detoxify, neutralize, or otherwise process these wastes to remove or reduce their harmful properties or characteristics, provided that such processing is performed in accordance with the requirements of this chapter.

(d) Disposal of organic/carbonaceous waste.

(i) No person may land dispose organic/carbonaceous

waste, except as provided in subsections (5), (6), or (7) of this

section. A person is encouraged to reclaim, recycle, recover,

treat, detoxify, or otherwise process these wastes to remove

or reduce their harmful properties or characteristics, provided

that such processing is performed in accordance with the

requirements of this chapter. Organic/carbonaceous wastes

must be incinerated as a minimum management method

according to the dangerous waste management priorities as

defined in subsection (1)(a) of this section.

(ii) This prohibition against the land disposal of

organic/carbonaceous waste does not apply to black mud

generated from the caustic leach recovery of cryolite at primary aluminum smelting plants.

(iii) This prohibition against the land disposal of

organic/carbonaceous waste does not apply to any person

who certifies to the department that recycling, treatment and

incineration facilities are not available within a radius of one

thousand miles from Washington state's borders. Such certification must be sent to the department by certified mail and

must include: The name, address and telephone number of

the person certifying; a brief description of the

organic/carbonaceous waste covered by the certification; a

discussion of the efforts undertaken to identify available

recycling, treatment and incineration facilities; and the signature of the person responsible for the certification and development of information used to support the certification.

Records and information supporting the certification must be

retained by the certifying person and must be made available

to the department upon request.

A certification that has been properly submitted to the

department will remain valid until the department determines

that a recycling, treatment or incineration facility is available

within a radius of one thousand miles from Washington

state's borders and the person who submitted the certification

is unable to demonstrate otherwise. A recycling, treatment or

incineration facility will be considered by the department to

be available if such facility: Is operating, and; can safely and

legally recycle, treat or incinerate the organic/carbonaceous

waste, and; has sufficient capacity to receive and handle significant amounts of the waste, and; agrees to accept the

waste.

(5) Treatment in land disposal facilities. The land disposal restrictions in subsection (4) of this section do not apply

to persons treating dangerous wastes in surface impoundments, waste piles, or land treatment facilities provided that
Dangerous Waste Regulations 173-303-141

(6/30/09) [Ch. 173-303 WACóp. 47]

such treatment is performed in accordance with the requirements of this subsection and this chapter.

(a) Surface impoundment treatment.

Liquid waste, extremely hazardous waste (EHW), solid

acid waste, and organic/carbonaceous waste may be placed

in surface impoundments for purposes of treatment provided

the owner/operator can demonstrate that effective treatment

of the dangerous waste constituents will occur and at closure

the owner/operator complies with the prohibitions and

restrictions of subsection (4) of this section.

(b) Waste pile treatment.

Liquid waste, extremely hazardous waste (EHW), solid

acid waste, and organic/carbonaceous waste may be placed

in waste piles for purposes of treatment provided the

owner/operator can demonstrate that effective treatment of

dangerous waste constituents will occur and that at closure

the owner/operator will be in compliance with the prohibitions and restrictions of subsection (4) of this section.

(c) Land treatment.

Liquid waste, extremely hazardous waste (EHW), and

organic/carbonaceous waste may be land treated provided

that the owner/operator can demonstrate that effective treatment of dangerous waste constituents will occur, and at the

end of the post-closure care period the owner/operator will be

in compliance with subsection (4) of this section.

(6) Case-by-case exemptions to a land disposal prohibition. Any person may petition the department for an exemption from a prohibition in subsection (4) of this section for the

land disposal of a dangerous waste. The procedures to submit

a petition to the department are specified in WAC 173-303-

910(6). The department may deny any petition if it determines that there is a potential for dangerous waste constituents to migrate from the land disposal facility where the

waste is to be placed. The department will deny any petition

when exemption would result in a substantial or imminent

threat to public health or the environment. The department

will deny any petition when exemption would result in a violation of applicable state laws.

The department may grant an exemption from the prohibitions and restrictions of subsection (4) of this section based

on the demonstrations specified in (a), (b) or (c) of this subsection.

(a) Land disposal exemption for treatment residuals. Any

person may request an exemption from a land disposal prohibition in subsection (4) of this section for treatment residuals

by demonstrating to the department that:

(i) The person has applied the best achievable management method to the original waste; and

(ii) Application of additional management methods to

the treatment residuals would prevent the person from utilizing the best achievable management methods for the original

dangerous waste; and

(iii) The land disposal of the treatment residuals does not

pose a greater risk to the public health and the environment

than land disposal of the original dangerous waste would

pose.

(b) Economic hardship exemption. Any person may

request an exemption from a prohibition in subsection (4) of

this section for the land disposal of a dangerous waste by

demonstrating to the department that alternative management

of the dangerous waste will impose an unreasonable economic burden in relation to the threat of harm to public health

and the environment. It will be solely within the discretion of

the department to approve or deny the requests for exemptions based on economic hardship.

(c) Organic/carbonaceous waste exemption. Any person

may request an exemption from the requirements in subsection (4) of this section by demonstrating to the department

that:

(i) Alternative management methods for

organic/carbonaceous waste are less protective of public

health and the environment than stabilization or landfilling;

or

(ii)(A) The organic/carbonaceous waste has a heat content less than 3,000 BTU/LB or contains greater than sixtyfive percent water or other noncombustible moisture; and

(B) Incineration is the only management method available within a radius of one thousand miles from Washington

state's border (i.e., recycling or treatment are not available).

(7) Emergency cleanup provision. The department may,

on a case-by-case basis, grant an exception to the land disposal restrictions in subsection (4) of this section for an emergency cleanup where an imminent threat to public health and

the environment exists. Any exception will require compliance with applicable state law and will require (consistent

with the nature of the emergency and imminent threat) application of the waste management priorities of RCW

70.105.150.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-140, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 173-303-140, filed 3/13/03, effective 4/13/03; 98-03-018

(Order 97-03), ß 173-303-140, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-140, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-140, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), ß 173-303-

140, filed 1/5/88, effective 2/5/88; 84-09-088 (Order DE 83-36), ß 173-303-

140, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-140, filed 2/10/82.]

Reviserís note: The brackets and enclosed material in the text of the

above section occurred in the copy filed by the agency.

173-303-141 WAC 173-303-141 Treatment, storage, or disposal of

dangerous waste. (1) A person may offer a designated dangerous waste only to a TSD facility which is operating either:

Under a permit issued pursuant to the requirements of this

chapter; or, if the TSD facility is located outside of this state,

under interim status or a permit issued by United States EPA

under 40 CFR Part 270, or under interim status or a permit

issued by another state which has been authorized by United

States EPA pursuant to 40 CFR Part 271.

(2) A person may offer a state only designated dangerous

waste (not regulated as a hazardous waste by EPA) to a facility which is located outside of this state and which does not

meet the requirements of subsection (1) of this section if:

(a) The facility receiving the waste will legitimately treat

or recycle the dangerous waste (disposal is an unacceptable

management practice);

(b) The generator has on file a letter or copy of a letter

signed by the regulatory authority in the receiving state that

the receiving facility may accept the waste;

(c) The generator uses a transporter with a valid

EPA/state identification number;
173-303-145 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 48] (6/30/09)

(d) The generator complies with all other applicable

requirements, including manifesting, packaging and labeling,

with respect to the shipping of the waste. However, the

EPA/state identification number for the receiving facility is

not required on the manifest or annual report; and

(e) The generator receives from the receiving facility a

signed and dated copy of the manifest.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-141, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß 173-303-

141, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-141, filed

4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-141, filed 2/10/82.]

173-303-145 WAC 173-303-145 Spills and discharges into the

environment. (1) Purpose and applicability. This section sets

forth the requirements for any person responsible for a spill

or discharge of a dangerous waste or hazardous substance

into the environment, except when such release is otherwise

permitted under state or federal law. For the purposes of complying with this section, a transporter who spills or discharges

dangerous waste or hazardous substances during transportation will be considered the responsible person. This section

applies when any dangerous waste or hazardous substance is

intentionally or accidentally spilled or discharged into the

environment (unless otherwise permitted) such that human

health or the environment is threatened, regardless of the

quantity of dangerous waste or hazardous substance.

(2) Notification. Any person who is responsible for a

spill or nonpermitted discharge must immediately notify the

individuals and authorities described for the following situations:

(a) For spills or discharges onto the ground or into

ground water or surface water, notify all local authorities in

accordance with the local emergency plan. If necessary,

check with the local emergency service coordinator and the

fire department to determine all notification responsibilities

under the local emergency plan. Also, notify the appropriate

regional office of the department of ecology;

(b) For spills or discharges which result in emissions to

the air, notify all local authorities in accordance with the local

emergency plan. If necessary, check with the local emergency service coordinator and the fire department to determine all notification responsibilities under the local emergency plan. Also, in western Washington notify the local air

pollution control authority; in eastern Washington notify the

local air authority or the appropriate regional office of the

department of ecology in those areas where there is no local

authority.

(3) Mitigation and control. The person responsible for a

spill or nonpermitted discharge must take appropriate immediate action to protect human health and the environment

(e.g., diking to prevent contamination of state waters, shutting of open valves).

(a) In addition, the person responsible for a spill or discharge must:

(i) Clean up all released dangerous wastes or hazardous

substances, or take such actions as may be required or

approved by federal, state, or local officials acting within the

scope of their official responsibilities. This may include complete or partial removal of released dangerous wastes or hazardous substances as may be justified by the nature of the

released dangerous wastes or hazardous substances, the

human and environmental circumstances of the incident, and

protection required by the Water Pollution Control Act, chapter 90.48 RCW;

(ii) Designate and treat, store or dispose of all soils,

waters, or other materials contaminated by the spill or discharge in accordance with this chapter 173-303 WAC. The

department may require testing in order to determine the

amount or extent of contaminated materials, and the appropriate designation, treatment, storage, or disposal for any

materials resulting from cleanup; and

(iii) If the property on which the spill or discharge

occurred is not owned or controlled by the person responsible

for the incident, restore the area impacted by the spill or discharge, and replenish resources (e.g., fish, plants) in a manner

acceptable to the department.

(b)(i) Where immediate removal, temporary storage, or

treatment of spilled or discharged dangerous wastes or hazardous substances is necessary to protect human health or the

environment, the department may direct persons to:

(A) Remove it without a manifest, by transporters who

do not have EPA/state identification numbers;

(B) Temporarily store it at sites that are protective of

human health and the environment and are secure from

access by the public; and/or

(C) Treat it to reduce or control the hazards, under WAC

173-303-170.

(ii) When the department seeks to direct persons who are

not responsible for a spill or discharge to carry out actions

pursuant to this section, it will obtain their concurrence. It is

the intent of the department that persons who provide these

services may be deemed "good samaritans" under the provisions of chapter 70.136 RCW.

(4) Nothing in WAC 173-303-145 eliminates any obligations to comply with reporting requirements which may exist

in a permit or under other state or federal regulations.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-145, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-145, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-145, filed 10/19/95, effective 11/19/95; 92-15-036

(Order 91-44), ß 173-303-145, filed 7/8/92, effective 8/8/92. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-145,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

84-09-088 (Order DE 83-36), ß 173-303-145, filed 4/18/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-145, filed 2/10/82.]

173-303-150

WAC 173-303-150 Division, dilution, and accumulation. (1) Any action taken to evade the intent of this regulation by dividing or diluting wastes to change their designation shall be prohibited, except for the purposes of treating,

neutralizing, or detoxifying such wastes.

(2) Separation of a homogeneous waste into heterogeneous phases (e.g., separation of a suspension into sludge and

liquid phases, or of a solvent/water mixture into solvent and

water phases, etc.) will not be considered as division, provided that the person generating the waste either:

(a) Designates the homogeneous waste before separation, and handles the entire waste accordingly; or
Dangerous Waste Regulations 173-303-161

(6/30/09) [Ch. 173-303 WACóp. 49]

(b) Designates each phase of the heterogeneous waste, in

accordance with the dangerous waste designation requirements of this chapter, and handles each phase accordingly.

(3) For the purposes of designation, quantities of continuously generated wastes must be summed monthly. All

wastes generated less frequently than once a month will be

considered as batch or single event wastes.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-150, filed 10/19/95, effective 11/19/95; 82-05-023

(Order DE 81-33), ß 173-303-150, filed 2/10/82. Formerly WAC 173-302-

150.]

173-303-160 WAC 173-303-160 Containers. (1) Waste quantity.

Containers and inner liners will not be considered as a part of

the waste when measuring or calculating the quantity of a

dangerous waste. Only the weight of the residues in nonempty or nonrinsed containers or inner liners will be considered when determining waste quantities.

(2) A container or inner liner is "empty" when:

(a) All wastes in it have been taken out that can be

removed using practices commonly employed to remove

materials from that type of container or inner liner (for example, pouring, pumping, aspirating, etc.) and:

(i) No more than one inch of waste remains at the bottom

of the container or inner liner; or

(ii) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if

the container is less than or equal to 119 gallons in size; or

(iii) No more than 0.3 percent by weight of the total

capacity of the container remains in the container or inner

liner if the container is greater than 119 gallons in size.

A container that held compressed gas is empty when the

pressure inside the container equals or nearly equals atmospheric pressure; and

(b) If the container or inner liner held acutely hazardous

waste, as defined in WAC 173-303-040, toxic EHW as

defined in WAC 173-303-100 or pesticides bearing the danger or warning label, the container or inner liner has been

rinsed at least three times with an appropriate cleaner or solvent. The volume of cleaner or solvent used for each rinsing

must be ten percent or more of the container's or inner liner's

capacity or of sufficient quantity to thoroughly decontaminate the container. In lieu of rinsing for containers that might

be damaged or made unusable by rinsing with liquids (for

example, fiber or cardboard containers without inner liners),

an empty container may be vacuum cleaned, struck, with the

open end of the container up, three times (for example, on the

ground, with a hammer or hand) to remove or loosen particles

from the inner walls and corners, and vacuum cleaned again.

Equipment used for the vacuum cleaning of residues from

containers or inner liners must be decontaminated before discarding, in accordance with procedures approved by the

department. A container or inner liner is also considered

"empty" if the container or inner liner has been cleaned by

another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal.

Any rinsate or vacuumed residue that results from the

cleaning of containers or inner liners must, whenever possible, be reused in a manner consistent with the original

intended purpose of the substance in the container or inner

liner. In the case of a farmer, if the rinsate is a pesticide residue then the rinsate must be managed or reused in a manner

consistent with the application instructions on the pesticide

label. On-site disposal or burial of pesticide residues is prohibited. Otherwise, the rinsate must be checked against the

designation requirements (WAC 173-303-070 through 173-

303-100) and, if designated, managed according to the

requirements of this chapter.

(c) In the case of a container, the inner liner, that prevented the container from contact with the commercial chemical product or manufacturing chemical, has been removed.

(3)(a) Any residues remaining in containers or inner liners that are "empty" as described in subsection (2) of this section will not be subject to the requirements of this chapter,

and will not be considered as accumulated wastes for the purposes of calculating waste quantities.

(b) Any dangerous waste in either: A container that is

not empty, or an inner liner removed from a container that is

not empty (as defined in subsection (2) of this section) is subject to the requirements of this chapter.

(4) A person who cannot meet the provisions in (2)(b) of

this section may petition the department to approve alternative container rinsing processes in accordance with WAC

173-303-910(1).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-160, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007.

00-11-040 (Order 99-01), ß 173-303-160, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order

97-03), ß 173-303-160, filed 1/12/98, effective 2/12/98; 95-22-008 (Order

94-30), ß 173-303-160, filed 10/19/95, effective 11/19/95; 94-01-060 (Order

92-33), ß 173-303-160, filed 12/8/93, effective 1/8/94. Statutory Authority:

Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006

(42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-160, filed 3/7/91,

effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 86-12-057

(Order DE-85-10), ß 173-303-160, filed 6/3/86; 84-09-088 (Order DE 83-

36), ß 173-303-160, filed 4/18/84. Statutory Authority: Chapter 70.105

RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-160,

filed 2/10/82. Formerly WAC 173-302-140.]

173-303-161 WAC 173-303-161 Overpacked containers (labpacks). Small containers of dangerous waste may be placed

in overpacked drums (or labpacks) provided that the following conditions are met:

(1) Dangerous waste must be packaged in nonleaking

inside containers. The inside containers must be of a design

and constructed of a material that will not react dangerously

with, be decomposed by, or be ignited by the contained

waste. Inside containers must be tightly and securely sealed

and, to the extent possible, should be full and have as little air

as possible in them to minimize voids. The inside containers

must be of the size and type specified in the Department of

Transportation (DOT) hazardous materials regulations (49

CFR Parts 173, 178, and 179), if those regulations specify a

particular inside container for the waste;

(2) The inside containers must be overpacked in an open

head DOT-specification drum shipping container which

meets all of the requirements of 49 CFR Parts 173, 178, and

179. The overpack container must not exceed a capacity of

416-liter (110 gallon). The overpack container must have a

sufficient quantity of sorbent material to completely sorb all

of the liquid contents of the inside containers. The sorbent in

overpack containers to be placed in a landfill must be nonbio-
173-303-170 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 50] (6/30/09)

degradable in accordance with WAC 173-303-140 (4)(b)(iv).

The outer container must be full after it has been packed with

inside containers and sorbent material;

(3) The sorbent material used must not be capable of

reacting dangerously with, being decomposed by, or being

ignited by the contents of the inside containers, in accordance

with WAC 173-303-395 (1)(b);

(4) Incompatible wastes, as defined in WAC 173-303-

040, must not be placed in the same outside container; and

(5) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in WAC 173-303-090 (7)(a)(v), must be

treated or rendered nonreactive prior to packaging in accordance with subsections (1) through (4) of this section. Cyanide- and sulfide-bearing reactive waste may be packed in

accordance with subsections (1) through (4) of this section

without first being treated or rendered nonreactive.

(6) An itemized listing of the chemicals, their concentrations and quantities per labpack must be kept by the generator

for five years and must be readily available in case of an

emergency during shipment, and for the purposes of preparing annual reports under WAC 173-303-220.

(7) Such disposal is in compliance with the requirements

of WAC 173-303-140 (2)(a). Persons who incinerate labpacks according to the requirements in 40 CFR 268.42(c)(1)

(incorporated by reference at WAC 173-303-140 (2)(a)) may

use fiber drums in place of metal outer containers. Such fiber

drums must meet the DOT specifications in 49 CFR 173.12

and be overpacked according to the requirements in subsection (2) of this section.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-161, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-161, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-161, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-

161, filed 1/4/89; 86-12-057 (Order DE-85-10), ß 173-303-161, filed 6/3/86;

84-09-088 (Order DE 83-36), ß 173-303-161, filed 4/18/84.]

173-303-170 WAC 173-303-170 Requirements for generators of

dangerous waste. (1) A person is a dangerous waste generator if their solid waste is designated by the requirements of

WAC 173-303-070 through 173-303-100.

(a) The generator is responsible for designating their

waste as DW or EHW.

(b) The generator may request an exemption for their

dangerous waste according to the procedures of WAC 173-

303-072.

(2) A dangerous waste generator must notify the department and obtain an EPA/state identification number as

required by WAC 173-303-060, and must comply with the

requirements of WAC 173-303-170 through 173-303-230.

(3) Any generator who stores, treats, or disposes of dangerous waste on-site must perform their operations in accordance with the TSD facility requirements with the following

exceptions:

(a) Generators who accumulate dangerous wastes for

less than ninety days as allowed under WAC 173-303-200 or

for less than one hundred eighty days as allowed under WAC

173-303-201 and 173-303-202;

(b) Generators who treat dangerous waste on-site in

accumulation tanks, containers, and containment buildings

provided that the generator maintains a log showing the date

and amount of waste treated and complies with:

(i) The applicable requirements of WAC 173-303-200,

173-303-201, and 173-303-202; and

(ii) WAC 173-303-283(3);

(c) Generators who treat special waste on-site provided:

(i) The accumulation standards of WAC 173-303-073

(2)(a) and (b) are met;

(ii) When treated in units other than tanks or containers,

the unit is designed, constructed, and operated in a manner

that prevents:

(A) A release of waste and waste constituents to the

environment;

(B) Endangerment of health of employees or the public;

(C) Excessive noise;

(D) Negative aesthetic impact on the use of adjacent

property.

(iii) The treatment unit must also be inspected routinely

for deterioration that would lead to a release and repairs must

be conducted promptly.

(4) The generator must comply with the special land disposal restrictions for certain dangerous wastes in WAC 173-

303-140.

(5) Persons responding to an explosives or munitions

emergency in accordance with WAC 173-303-400

(2)(c)(xiii)(A)(IV) or 173-303-600 (3)(p)(i)(D) or (3)(p)(iv),

and WAC 173-303-800 (7)(c)(i)(D) or (7)(c)(i)(E) are not

required to comply with the standards of WAC 173-303-170

through 173-303-230.

(6) Any person who exports or imports hazardous waste

subject to the manifesting requirements of WAC 173-303-

180 or to the universal waste management standards of WAC

173-303-573, to or from the countries listed in 40 CFR

262.58 (a)(1) for recovery must comply with 40 CFR 262

subpart H. 40 CFR 262 subpart H is incorporated by reference at WAC 173-303-230(1).

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-170, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-170, 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), ß 173-303-170, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-170, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-170, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), ß 173-

303-170, filed 1/5/88, effective 2/5/88; 87-14-029 (Order DE-87-4), ß 173-

303-170, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-170, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-170, filed 4/18/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-170, filed 2/10/82.]

173-303-180 WAC 173-303-180 Manifest. A generator who transports, or offers for transport a dangerous waste for off-site

treatment, storage, or disposal, or a treatment, storage, and

disposal facility who offers for transport a rejected dangerous

waste load, must follow all applicable procedures described

in this section.

(1) Form and contents of dangerous waste manifests. 40

CFR Part 262 Appendix - Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and

Their Instructions) is incorporated by reference. The manifest

must be EPA Form 8700-22 and, if necessary, EPA Form
Dangerous Waste Regulations 173-303-180

(6/30/09) [Ch. 173-303 WACóp. 51]

8700-22A. The manifest must be prepared in accordance with

the instructions for these forms, as described in the uniform

manifest Appendix of 40 CFR Part 262.

(a) A generator must designate on the manifest one facility that is permitted to handle the waste described on the manifest.

(b) A generator may also designate on the manifest one

alternate facility that is permitted to handle his or her waste in

the event an emergency prevents delivery of the waste to a

primary designated facility.

(c) If the transporter is unable to deliver the dangerous

waste to the designated facility or the alternate facility, the

generator must either designate another facility or instruct the

transporter to return the waste.

(2) The manifest must consist of enough copies to provide the generator, each transporter, and the designated facility owner/operator with a copy for their records, and another

copy to be returned to the generator.

(3) Manifest procedures.

(a) The generator must:

(i) Sign and date the manifest certification by hand;

(ii) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and

(iii) Retain one copy in accordance with WAC 173-303-

210, Generator recordkeeping.

(b) The generator must give the remaining manifest copies to the transporter.

(c) If the transporter is unable to deliver the dangerous

waste shipment to the designated facility or the alternate

facility, the generator must either designate another facility or

instruct the transporter to return the waste shipment.

(d) For shipments of dangerous waste within the United

States solely by water (bulk shipments only), the generator

must send three copies of the manifest dated and signed in

accordance with this section to the owner or operator of the

designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by

water. Copies of the manifest are not required for each transporter.

(e) For rail shipments of dangerous waste within the

United States which originate at the site of generation, the

generator must send at least three copies of the manifest dated

and signed in accordance with this section to:

(i) The next nonrail transporter, if any; or

(ii) The designated facility if transported solely by rail;

or

(iii) The last rail transporter to handle the waste in the

United States if exported by rail.

(f) For shipments of federally regulated hazardous waste

to a designated facility in an authorized state which has not

yet obtained authorization to regulate that particular waste as

hazardous, the generator must assure that the designated

facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards

the manifest to the designated facility.

(4) Special requirements for shipments to the Washington EHW facility at Hanford.

(a) All generators planning to ship dangerous waste to

the EHW facility at Hanford must notify the facility in writing and by sending a copy of the prepared manifest prior to

shipment.

(b) The generator must not ship any dangerous waste

without prior approval from the EHW facility. The state operator may exempt classes of waste from the requirements of

WAC 173-303-180 (4)(a) and (b) where small quantities or

multiple shipments of a previously approved waste are

involved, or there exists an emergency and potential threat to

public health and safety.

(5) The requirements of this section and WAC 173-303-

190(2) do not apply to the transport of dangerous wastes on a

public or private right of way within or along the border of

contiguous property under the control of the same person,

even if such contiguous property is divided by a public or private right of way: Provided, That ecology has approved an

alternative paper tracking system that serves the purpose of a

manifest. Notwithstanding WAC 173-303-240(2), the generator or transporter must comply with the requirements for

transporters set forth in WAC 173-303-270 and 173-303-145

in the event of a discharge of dangerous waste on a public or

private right of way.

(6) Special instructions for state-only dangerous waste

that designates only by the criteria under WAC 173-303-100

and is not regulated as a hazardous waste under 40 CFR Part

261 or as a hazardous material under the 49 CFR hazardous

material regulations. For purposes of completing the uniform

hazardous waste manifest, Item 11, and Item 28 if continuation sheet 8700-22A is used, or to describe a state-only dangerous waste on a shipping paper, the shipping description

must include the following in sequence with no additional

information interspersed:

(a) Material Not Regulated by DOT;

(b) Washington State Dangerous Waste Only followed

by the appropriate criteria designation of the waste that is

either toxic, persistent, solid corrosive or a combination of

these entered in parentheses;

(c) Shipping description examples: Material Not Regulated by DOT (Washington State Dangerous Waste Only,

Toxic); Material Not Regulated by DOT (Washington State

Dangerous Waste Only, Toxic, Persistent); Material Not

Regulated by DOT (Washington State Dangerous Waste

Only, Solid Corrosive).

(7) Manifest tracking numbers, manifest printing, and

obtaining manifests.

(a) 40 CFR 262.21 (a) through (f) and (h) through (m) is

incorporated by reference. EPA requirements for printing

manifests for use or distribution are included in this section.

(b) A generator may use manifests printed by any source

so long as the source of the printed form has received

approval from EPA to print the manifest under paragraphs (c)

and (e) of 40 CFR 262.21. A registered source may be a:

(i) State agency;

(ii) Commercial printer;

(iii) Dangerous waste generator, transporter or TSDF; or

(iv) Dangerous waste broker or other preparer who prepares or arranges shipments of dangerous waste for transportation.

(c) A generator must determine whether the generator

state or the consignment state for a shipment regulates any

additional wastes (beyond those regulated federally) as hazardous wastes under these states' authorized programs. Generators also must determine whether the consignment state or

generator state requires the generator to submit any copies of
173-303-190 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 52] (6/30/09)

the manifest to these states. In cases where the generator must

supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible

photocopies of the manifest to these states.

(8) Waste minimization certification. A generator who

initiates a shipment of dangerous waste must certify to one of

the following statements in Item 15 of the uniform hazardous

waste manifest:

(a) "I am a large quantity generator. I have a program in

place to reduce the volume and toxicity of waste generated to

the degree I have determined to be economically practicable

and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes

the present and future threat to human health and the environment"; or

(b) "I am a medium quantity generator. I have made a

good faith effort to minimize my waste generation and select

the best waste management method that is available to me

and that I can afford." Note that a Washington state medium

quantity generator regulated under WAC 173-303-202 is the

type of generator referred to where the manifest states "(b) if

I am a small quantity generator", due to the different term

used by EPA.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-180, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007.

00-11-040 (Order 99-01), ß 173-303-180, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order

97-03), ß 173-303-180, filed 1/12/98, effective 2/12/98; 95-22-008 (Order

94-30), ß 173-303-180, filed 10/19/95, effective 11/19/95; 94-01-060 (Order

92-33), ß 173-303-180, filed 12/8/93, effective 1/8/94. Statutory Authority:

Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß 173-303-180, filed

6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-180, filed 6/27/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-180, filed 2/10/82. Formerly WAC 173-302-180 and

173-302-190.]

173-303-190

WAC 173-303-190 Preparing dangerous waste for

transport. The generator must fulfill the following requirements before transporting off-site or offering for off-site

transport any dangerous waste.

(1) Packaging. The generator must package all dangerous waste for transport in accordance with United States

DOT regulations on packaging, 49 CFR Parts 173, 178, and

179.

(2) Labeling. The generator must label each package in

accordance with United States DOT regulations, 49 CFR Part

172.

(3) Marking. The generator must:

(a) Mark each package of dangerous waste in accordance

with the applicable United States DOT regulations on hazardous materials under 49 CFR Part 172; and

(b) Mark each container of one hundred nineteen gallons

or less of dangerous waste used in such transportation with

the following, or equivalent words and information in accordance with 49 CFR 172.304:

HAZARDOUS WASTE - State and federal law prohibits improper disposal. If found, contact the nearest police or public safety authority, and the Washington state department of ecology or the United

States Environmental Protection Agency.

(4) Placarding. The generator must placard, or offer the

initial transporter the appropriate placards according to

United States DOT regulations for hazardous materials under

49 CFR Part 172, Subpart F.

(5) State-only dangerous waste that is not regulated as a

hazardous waste under 40 CFR Part 261 or as a hazardous

material under 49 CFR must fulfill the following requirements before transport:

(a) Package in a nonleaking, nonsievable container or in

a package that is equivalent to the manufacturing and testing

specifications for packagings and containers of 49 CFR Parts

173, 178 and 179.

(b) Mark each package containing one thousand gallons

or less with the following:

(i) Washington State Dangerous Waste-State law prohibits improper disposal. If found, contact the nearest police or

public safety authority, and the Washington State Department of Ecology. The generator's name and address and manifest number must also be included; and

(ii) The state shipping description as described in WAC

173-303-180(7).

(c) Use of any other markings for a state-only dangerous

waste is prohibited.

(6) State-only dangerous waste that is also regulated as a

hazardous material under 49 CFR must be packaged, labeled

and marked in accordance with WAC 173-303-190 (1), (2),

(3) and (5)(b)(i).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-190, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-190, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-190, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-190, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-

303-190, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-190, filed

2/10/82.]

173-303-200 WAC 173-303-200 Accumulating dangerous waste

on-site. (1) A generator, not to include transporters as referenced in WAC 173-303-240(3), may accumulate dangerous

waste on-site without a permit for ninety days or less after the

date of generation, provided that:

(a) All such waste is shipped off-site to a designated

facility or placed in an on-site facility which is permitted by

the department under WAC 173-303-800 through 173-303-

845 or recycled or treated on-site in ninety days or less. The

department may, on a case-by-case basis, grant a maximum

thirty day extension to this ninety day period if dangerous

wastes must remain on-site due to unforeseen, temporary and

uncontrollable circumstances. A generator who accumulates

dangerous waste for more than ninety days is an operator of a

storage facility and is subject to the facility requirements of

this chapter and the permit requirements of this chapter as a

Generator's Name and Address

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Generator's EPA Identification Number

Manifest Tracking Number

 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
Dangerous Waste Regulations 173-303-200

(6/30/09) [Ch. 173-303 WACóp. 53]

storage facility unless he has been granted an extension to the

ninety day period allowed pursuant to this subsection;

(b) The waste is placed:

(i) In containers and the generator complies with WAC

173-303-630 (2), (3), (4), (5), (6), (8), (9), (10), and 40 CFR

Part 265 Subparts AA, BB, and CC incorporated by reference

at WAC 173-303-400 (3)(a). For container accumulation

(including satellite areas as described in subsection (2) of this

section), the department may require that the accumulation

area include secondary containment in accordance with

WAC 173-303-630(7), if the department determines that

there is a potential threat to public health or the environment

due to the nature of the wastes being accumulated, or due to a

history of spills or releases from accumulated containers. In

addition, any new container accumulation areas (but not

including new satellite areas, unless required by the department) constructed or installed after September 30, 1986, must

comply with the provisions of WAC 173-303-630(7); and/or

(ii) In tanks and the generator complies with 40 CFR Part

265 Subparts AA, BB, and CC incorporated by reference at

WAC 173-303-400 (3)(a) and 173-303-640 (2) through (10),

except WAC 173-303-640 (8)(c) and the second sentence of

WAC 173-303-640 (8)(a). (Note: A generator, unless otherwise required to do so, does not have to prepare a closure

plan, a cost estimate for closure, or provide financial responsibility for his tank system to satisfy the requirements of this

section.) Such a generator is exempt from the requirements of

WAC 173-303-620 and 173-303-610, except for WAC 173-

303-610 (2) and (5); and/or

(iii) On drip pads and the generator complies with WAC

173-303-675 and maintains the following records at the facility:

(A) A description of procedures that will be followed to

ensure that all wastes are removed from the drip pad and

associated collection system at least once every 90 days; and

(B) Documentation of each waste removal, including the

quantity of waste removed from the drip pad and the sump or

collection system and the date and time of removal; and/or

(iv) In containment buildings and the generator complies

with 40 CFR Part 265 Subpart DD, which is incorporated by

reference, and the generator has placed its professional engineer certification that the building complies with the design

standards specified in 40 CFR 265.1101 in the facility's operating record no later than sixty days after the date of initial

operation of the unit. Where subpart G and H are referenced

in 40 CFR 265.1102, replace them with WAC 173-303-610

and 173-303-620. After February 18, 1993, PE certification

will be required prior to operation of the unit. The owner or

operator must maintain the following records at the facility:

(A) A written description of procedures to ensure that

each waste volume remains in the unit for no more than

ninety days, a written description of the waste generation and

management practices for the facility showing that they are

consistent with respecting the ninety-day limit, and documentation that the procedures are complied with; or

(B) Documentation that the unit is emptied at least once

every 90 days.

In addition, such a generator is exempt from all the

requirements in WAC 173-303-610 and 173-303-620, except

for WAC 173-303-610(2) and 173-303-610(5).

(c) The date upon which each period of accumulation

begins is marked and clearly visible for inspection on each

container;

(d) While being accumulated on site, each container and

tank is labeled or marked clearly with the words "dangerous

waste" or "hazardous waste." Each container or tank must

also be marked with a label or sign which identifies the major

risk(s) associated with the waste in the container or tank for

employees, emergency response personnel and the public

(NoteóIf there is already a system in use that performs this

function in accordance with local, state, or federal regulations, then such system will be adequate). The department

may also require that a sign be posted at each entrance to the

accumulation area, bearing the legend, "dangeróunauthorized personnel keep out," or an equivalent legend, written in

English, and legible from a distance of twenty-five feet or

more; and

(e) The generator complies with the requirements for

facility operators contained in:

(i) WAC 173-303-330 through 173-303-360 (personnel

training, preparedness and prevention, contingency plan and

emergency procedures, and emergencies) except for WAC

173-303-335 (Construction quality assurance program) and

WAC 173-303-355 (SARA Title III coordination); and

(ii) WAC 173-303-320 (1), (2)(a), (b), (d), and (3) (general inspection); and

(f) The generator complies with 40 CFR 268.7(a)(5).

(2) Satellite accumulation.

(a) A generator may accumulate as much as fifty-five

gallons of dangerous waste or one quart of acutely hazardous

waste in containers at or near any point of generation where

waste initially accumulates (defined as a satellite accumulation area in WAC 173-303-040). The satellite area must be

under the control of the operator of the process generating the

waste or secured at all times to prevent improper additions of

wastes to a satellite container. Satellite accumulation is

allowed without a permit provided the generator:

(i) Complies with WAC 173-303-630 (2), (4), (5) (a) and

(b), (8)(a), and (9) (a) and (b); and

(ii) Complies with subsection (1)(d) of this section.

(b) When fifty-five gallons of dangerous waste or one

quart of acutely hazardous waste is accumulated per waste

stream, the container(s) must be marked immediately with

the accumulation date and moved within three days to a designated storage or accumulation area.

(c) On a case-by-case basis the department may require

the satellite area to be managed in accordance with all or

some of the requirements under subsection (1) of this section,

if the nature of the wastes being accumulated, a history of

spills or releases from accumulated containers, or other factors are determined by the department to be a threat or potential threat to human health or the environment.

(3) For the purposes of this section, the ninety-day accumulation period begins on the date that:

(a) The generator first generates a dangerous waste; or

(b) The quantity (or aggregated quantity) of dangerous

waste being accumulated by a small quantity generator first

exceeds the accumulation limit for such waste (or wastes); or

(c) Fifty-five gallons of dangerous waste or one quart of

acutely hazardous waste, per waste stream, is accumulated in

a satellite accumulation area.
173-303-200 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 54] (6/30/09)

(4)(a) A generator who generates 2200 pounds or greater

of dangerous waste per calendar month who also generates

wastewater treatment sludges from electroplating operations

that meet the listing description for the dangerous waste code

F006, may accumulate F006 waste on-site for more than

ninety days, but not more than one hundred eighty days without a permit or without having interim status provided that:

(i) The generator has implemented pollution prevention

practices that reduce the amount of any dangerous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;

(ii) The F006 waste is legitimately recycled through metals recovery;

(iii) No more than 44,000 pounds of F006 waste is accumulated on-site at any one time; and

(iv) The F006 waste is managed in accordance with the

following:

(A) The F006 waste is placed:

(I) In containers and the generator complies with the

applicable requirements of WAC 173-303-630 (2), (3), (4),

(5), (6), (8), (9), (10), and 40 CFR Part 265 Subparts AA, BB,

and CC incorporated by reference at WAC 173-303-400

(3)(a); and/or

(II) In tanks and the generator complies with the applicable requirements of 40 CFR Part 265 Subparts AA, BB, and

CC incorporated by reference at WAC 173-303-400 (3)(a)

and 173-303-640 (2) through (10), except WAC 173-303-640

(8)(c) and the second sentence of WAC 173-303-640 (8)(a);

and/or

(III) In containment buildings and the generator complies with subpart DD of 40 CFR part 265 which is incorporated by reference at WAC 173-303-400(3), and has placed

its professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101

in the facility's operating record prior to operation of the unit.

The owner or operator must maintain the following records at

the facility:

ï A written description of procedures to ensure that the

F006 waste remains in the unit for no more than one hundred

eighty days, a written description of the waste generation and

management practices for the facility showing that they are

consistent with the one hundred eighty-day limit, and documentation that the generator is complying with the procedures; or

ï Documentation that the unit is emptied at least once

every one hundred eighty days.

(B) In addition, such a generator is exempt from all the

requirements in subparts G and H of 40 CFR part 265, except

for 265.111 and 265.114 which are incorporated by reference

at WAC 173-303-400(3).

(C) The date upon which each period of accumulation

begins is clearly marked and visible for inspection on each

container;

(D) While being accumulated on-site, each container and

tank is labeled or marked clearly with the words, "Dangerous

Waste"; and

(E) The generator complies with the requirements for

owners or operators in WAC 173-303-330, 173-303-340, and

173-303-350, and with 40 CFR 268.7 (a)(5) which is incorporated by reference at WAC 173-303-140 (2)(a).

(b) A generator who generates 2200 pounds or greater of

dangerous waste per calendar month who also generates

wastewater treatment sludges from electroplating operations

that meet the listing description for the dangerous waste code

F006, and who must transport this waste, or offer this waste

for transportation, over a distance of 200 miles or more for

off-site metals recovery, may accumulate F006 waste on-site

for more than ninety days, but not more than two hundred

seventy days without a permit or without having interim status if the generator complies with the requirements of (a)(i)

through (iv) of this subsection.

(c) A generator accumulating F006 in accordance with

(a) and (b) of this subsection who accumulates F006 waste

on-site for more than one hundred eighty days (or for more

than two hundred seventy days if the generator must transport

this waste, or offer this waste for transportation, over a distance of two hundred miles or more), or who accumulates

more than 44,000 pounds of F006 waste on-site is an operator

of a storage facility and is subject to the facility and permit

requirements of this chapter unless the generator has been

granted an extension to the one hundred eighty-day (or two

hundred seventy-day if applicable) period or an exception to

the 44,000 pound accumulation limit. Such extensions and

exceptions may be granted by the department if F006 waste

must remain on-site for longer than one hundred eighty days

(or two hundred seventy days if applicable) or if more than

44,000 pounds of F006 waste must remain on-site due to

unforeseen, temporary, and uncontrollable circumstances.

An extension of up to thirty days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.

(5) National environmental performance track. 40

CFR Part 262.34 (j), (k), and (l) are incorporated by reference, except that:

(a) 262.34 (j)(3)(i) (container management) is replaced

with the first sentence of WAC 173-303-200 (1)(b)(i) and

173-303-630(7) (secondary containment); and

(b) 262.34 (j)(3)(ii) (tank standards) is replaced with

WAC 173-303-200 (1)(b)(ii); and

(c) 262.34 (j)(3)(iii) (drip pads) is replaced with WAC

173-303-200 (1)(b)(iii), except for (A) and (B); and

(d) 262.34 (j)(6) is replaced with WAC 173-303-200

(1)(c) and (d); and

(e) The first sentence of 262.34 (j)(7) is replaced with

WAC 173-303-200 (1)(e) and (f). The second sentence is

replaced with: In addition, the generator is exempt from all

the requirements of WAC 173-303-610 and 173-303-620,

except for WAC 173-303-610 (2) and (5). However, where

drip pads are subject to closure requirements in WAC 173-

303-675(6), the applicable portions of WAC 173-303-610

and 173-303-620 continue to apply.

(6) A generator who sends a shipment of dangerous

waste to a designated facility with the understanding that the

designated facility can accept and manage the waste and later

receives that shipment back as a rejected load or residue in

accordance with the manifest discrepancy provisions of

WAC 173-303-370(5) may accumulate the returned waste

on-site in accordance with subsection (1) of this section or

WAC 173-303-201, depending on the amount of dangerous

waste on-site in that calendar month. Upon receipt of the

returned shipment, the generator must:
Dangerous Waste Regulations 173-303-202

(6/30/09) [Ch. 173-303 WACóp. 55]

(a) Sign Item 18c of the manifest, if the transporter

returned the shipment using the original manifest; or

(b) Sign Item 20 of the manifest, if the transporter

returned the shipment using a new manifest.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-200, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-200, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-200, 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), ß 173-303-200, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-200, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-200, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-200,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-200, filed 1/4/89; 86-12-057 (Order

DE-85-10), ß 173-303-200, filed 6/3/86; 84-14-031 (Order DE 84-22), ß

173-303-200, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-200, filed

2/10/82.]

173-303-201 WAC 173-303-201 Special accumulation standards.

(1) This section applies to persons who generate more than

220 pounds but less than 2200 pounds per calendar month

and do not accumulate on-site more than 2200 pounds of dangerous waste. The special provisions of this section do not

apply to acutely hazardous wastes or Toxic EHW (WT01)

that exceed the QEL that are being generated or accumulated

by the generator.

(2) For purposes of accumulating dangerous waste onsite, persons who generate no more than 2200 pounds per

month or who accumulate on-site no more than 2200 pounds

of dangerous waste at any one time are subject to all applicable provisions of WAC 173-303-200 except as follows:

(a) In lieu of the ninety-day accumulation period, dangerous wastes may be accumulated for one hundred eighty

days or less. The department may, on a case-by-case basis,

grant a maximum ninety-day extension to this one hundred

eighty-day period if the generator must transport his waste, or

offer his waste for transportation, over a distance of two hundred miles or more for offsite treatment, storage, or disposal,

and the dangerous wastes must remain on-site due to unforeseen, temporary and uncontrollable circumstances;

(b) The generator need not comply with WAC 173-303-

330 (Personnel training); 

(c) In lieu of the contingency plan and emergency procedures required by WAC 173-303-350 and 173-303-360, the

generator must comply with the following:

(i) At all times there must be at least one employee either

on the premises or on call (i.e., available to respond to an

emergency by reaching the facility within a short period of

time) with the responsibility for coordinating all emergency

response measures specified in (c)(iv) of this subsection. This

employee is the emergency coordinator.

(ii) The generator must post the following information

next to all emergency communication devices (including

telephones, two-way radios, etc.):

(A) The name and telephone number of the emergency

coordinator;

(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and

(C) The telephone number of the fire department, unless

the facility has a direct alarm.

(iii) The generator must ensure that all employees are

thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during

normal facility operations and emergencies;

(iv) The emergency coordinator or his designee must

respond to any emergencies that arise. The applicable

responses are as follows:

(A) In the event of a fire, call the fire department or

attempt to extinguish it using a fire extinguisher;

(B) In the event of a spill, contain the flow of dangerous

waste to the extent possible, and as soon as is practicable,

clean up the dangerous waste and any contaminated materials

or soil;

(C) In the event of a fire, explosion, or other release

which could threaten human health outside the facility or

when the generator has knowledge that a spill has reached

waters of the state, the generator must immediately notify the

department and either the government official designated as

the on-scene coordinator, or the National Response Center

(using their twenty-four hour toll free number 800/424-

8802). The report must include the following information:

(I) The name, address, and EPA/state identification

number of the generator;

(II) Date, time, and type of incident (e.g., spill or fire);

(III) Quantity and type of hazardous waste involved in

the incident;

(IV) Extent of injuries, if any; and

(V) Estimated quantity and disposition of recovered

materials, if any;

(d) For waste that is placed in tanks, generators must

comply with WAC 173-303-202 in lieu of WAC 173-303-

200 (1)(b);

(e) The generator does not need to comply with 40 CFR

Part 265.176 and 40 CFR Subparts AA, BB, and CC, which

have been incorporated by reference at WAC 173-303-400

(3)(a).

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-201, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-201, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-201, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-201, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-201, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-201,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-201, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-201, filed 6/3/86.]

173-303-202 WAC 173-303-202 Special requirements for generators of between two hundred twenty and two thousand

two hundred pounds per month that accumulate dangerous waste in tanks. (1) This section applies to generators of

more than two hundred twenty pounds but less than two thousand two hundred pounds of dangerous waste in a calendar

month, that accumulate dangerous waste in tanks for less than

one hundred eighty days (or two hundred seventy days if the

generator must ship the waste greater than two hundred

miles), and do not accumulate over two thousand two hundred pounds on-site at any time.
173-303-210 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 56] (6/30/09)

(2) Generators of between two hundred twenty and two

thousand two hundred pounds per month of dangerous waste

must comply with the following general operating requirements:

(a) Treatment or storage of dangerous waste in tanks

must comply with WAC 173-303-395(1).

(b) Dangerous wastes or treatment reagents must not be

placed in a tank if they could cause the tank or its inner liner

to rupture, leak, corrode, or otherwise fail before the end of

its intended life.

(c) Uncovered tanks must be operated to ensure at least

sixty centimeters (two feet) of freeboard, unless the tank is

equipped with a containment structure (e.g., dike or trench), a

drainage control system, or a diversion structure (e.g.,

standby tank) with a capacity that equals or exceeds the volume of the top sixty centimeters (two feet) of the tank.

(d) Where dangerous waste is continuously fed into a

tank, the tank must be equipped with a means to stop this

inflow (e.g., waste feed cutoff system or by-pass system to a

standby tank).

Note: These systems are intended to be used in the event of a leak

or overflow from the tank due to a system failure (e.g., a

malfunction in the treatment process, a crack in the tank,

etc.).

 (3) Generators of between two hundred twenty and two

thousand two hundred pounds per month accumulating dangerous waste in tanks must inspect, where present:

(a) Discharge control equipment (e.g., waste feed cutoff

systems, by-pass systems, and drainage systems) at least once

each operating day, to ensure that it is in good working order;

(b) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day

to ensure that the tank is being operated according to its

design;

(c) The level of waste in the tank at least once each operating day to ensure compliance with subsection (2)(c) of this

section;

(d) The construction materials of the tank at least weekly

to detect corrosion or leaking of fixtures or seams; and

(e) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g.,

dikes,) at least weekly to detect erosion or obvious signs of

leakage (e.g., wet spots or dead vegetation).

Note: As required by WAC 173-303-320(3), the owner or operator must remedy any deterioration or malfunction he finds.

 (4) Generators of between two hundred twenty and two

thousand two hundred pounds per month accumulating dangerous waste in tanks must, upon closure of the facility,

remove all dangerous waste from tanks, discharge control

equipment, and discharge confinement structures.

Note: At closure, as throughout the operating period, unless the

owner or operator can demonstrate, in accordance with

WAC 173-303-070 (2)(a) or (b), that any solid waste

removed from his tank is not a dangerous waste, the owner

or operator becomes a generator of dangerous waste and

must manage it in accordance with all applicable requirements of this chapter.

 (5) Generators of between two hundred twenty and two

thousand two hundred pounds per month must comply with

the following special requirements for ignitable or reactive

waste:

(a) Ignitable or reactive waste must not be placed in a

tank, unless:

(i) The waste is treated, rendered, or mixed before or

immediately after placement in a tank so that:

(A) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive

waste under WAC 173-303-090 (5) or (7) of this chapter; and

(B) WAC 173-303-395(1) is complied with; or

(ii) The waste is stored or treated in such a way that it is

protected from any material or conditions that may cause the

waste to ignite or react; or

(iii) The tank is used solely for emergencies.

(b) The owner or operator of a facility which treats or

stores ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in

Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1977

or 1981).

(6) Generators of between two hundred twenty and two

thousand two hundred pounds per month must comply with

the following special requirements for incompatible wastes:

(a) Incompatible wastes, or incompatible wastes and

materials, (see 40 CFR Part 265 Appendix V for examples)

must not be placed in the same tank, unless WAC 173-303-

395(1) is complied with.

(b) Dangerous waste must not be placed in an unwashed

tank which previously held an incompatible waste or material, unless WAC 173-303-395(1) is complied with.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-060

(Order 92-33), ß 173-303-202, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-202,

filed 1/4/89.]

173-303-210 WAC 173-303-210 Generator recordkeeping. (1) The

generator must keep a copy of each manifest signed by the

initial transporter in accordance with WAC 173-303-180(3),

manifest procedures, for three years, or until he receives a

signed copy from the designated facility which received the

waste. The signed facility copy must be retained for at least

five years from the date the waste was accepted by the initial

transporter.

(2) The generator must keep a copy of each annual report

and exception report as required by WAC 173-303-220 for a

period of at least five years from the due date of each report.

The generator must keep a copy of his most recent Dangerous

Waste Site Identification Form until he is no longer defined

as a generator under this chapter.

(3) Waste designation records.

(a) The generator must keep records of any test results,

waste analyses, or other determinations made in accordance

with WAC 173-303-170(1) for designating dangerous waste

for at least five years from the date that the waste was last

transferred for on-site or offsite treatment, storage, or disposal.

(b) At a minimum, test results must include:

(i) The sample source, sampling date, and sampling procedure used;

(ii) The laboratory performing the test;

(iii) The testing date, and testing method used;
Dangerous Waste Regulations 173-303-230

(6/30/09) [Ch. 173-303 WACóp. 57]

(iv) The analytical result, or the quantitative range of the

testing method for analytes not detected.

(4) Any other records required for generators accumulating wastes on-site as described in WAC 173-303-200 or 173-

303-201 must be retained for at least five years, including,

but not limited to such items as inspection logs.

(5) The periods of retention for any records described in

this section will be automatically extended during the course

of any unresolved enforcement action requiring those records

or upon request by the director.

(6) All generator records, including plans required by

this chapter, will be made available and furnished upon

request by the director.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-210, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-210, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-210, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-210, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-210,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

86-12-057 (Order DE-85-10), ß 173-303-210, filed 6/3/86; 84-09-088 (Order

DE 83-36), ß 173-303-210, filed 4/18/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

210, filed 2/10/82.]

173-303-220

WAC 173-303-220 Generator reporting. The generator must submit the following reports to the department by

the specified due date for each report, or within the time

period allowed for each report.

(1) Annual reports.

(a) A generator or any person who has obtained an

EPA/state identification number pursuant to WAC 173-303-

060 must submit an annual report to the department, on the

Dangerous Waste Annual Report according to the instructions on the form (copies are available from the department),

no later than March 1 for the preceding calendar year.

(b) In addition, any generator who stores, treats, or disposes of dangerous waste on-site must comply with the

annual reporting requirements of WAC 173-303-390, Facility reporting.

Reporting for exports of hazardous waste is required on

the annual report form. In addition, a separate annual report

requirement is set forth at 40 CFR 262.56, which is incorporated by reference at WAC 173-303-230(1).

(2) Exception reports.

(a) A generator who does not receive a copy of the manifest with the handwritten signature of the owner/operator of

the designated facility within thirty-five days of the date the

waste was accepted by the initial transporter must contact the

transporter(s) and/or facility to determine the status of the

dangerous waste shipment.

(b) A generator must submit an exception report to the

department if he has not received a copy of the manifest with

the handwritten signature of the owner/operator of the designated facility within forty-five days of the date the waste was

accepted by the initial transporter.

(c) The exception report must include:

(i) A legible copy of the manifest for which the generator

does not have confirmation of delivery; and

(ii) A cover letter signed by the generator or his representative explaining the efforts taken to locate the waste and

the results of those efforts.

(d) The department may require a generator to submit

exception reports in less than forty-five days if it finds that

the generator frequently or persistently endangers public

health or the environment through improper waste shipment

practices.

(3) Additional reports. The director, as he deems necessary under chapter 70.105 RCW, may require a generator to

furnish additional reports (including engineering reports,

plans, and specifications) concerning the quantities and disposition of the generator's dangerous waste.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-220, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-220, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part

271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-

303-220, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 87-14-029 (Order DE-87-4), ß 173-303-220, filed 6/26/87; 86-12-057

(Order DE-85-10), ß 173-303-220, filed 6/3/86; 84-09-088 (Order DE 83-

36), ß 173-303-220, filed 4/18/84. Statutory Authority: RCW 70.95.260 and

chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-220, filed

2/10/82.]

173-303-230 WAC 173-303-230 Special conditions. (1) Exporting

dangerous waste.

Federal export requirements, administered by EPA, are

set forth at 40 CFR 262 Subparts E and H and 40 CFR 261.6

(a)(3)(i)(A) and (B), and specify the procedures applicable to

generators and transporters of hazardous waste (as defined in

WAC 173-303-040). These requirements are incorporated by

reference. Copies of any forms or reports submitted to the

administrator of United States EPA as required by 40 CFR

262 Subpart E must also be submitted to the department.

(2) Importing dangerous waste. When importing dangerous waste from a foreign country into Washington state, the

United States importer must comply with all the requirements

of this chapter for generators, including the requirements of

WAC 173-303-180(1), except that:

(a) In place of the generator's name, address and

EPA/state identification number, the name and address of the

foreign generator and the importer's name, address and

EPA/state identification number must be used; and

(b) In place of the generator's signature on the certification statement, the United States importer or his agent must

sign and date the certification and obtain the signature of the

initial transporter.

(c) A person who imports dangerous waste may obtain

the manifest form from any source that is registered with the

U.S. EPA as a supplier of manifests (for example, states,

waste handlers, and/or commercial forms printers).

(d) In the international shipments block, the importer

must check the import box and enter the point of entry (city

and state) into the United States.

(e) The importer must provide the transporter with an

additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with WAC 173-303-

370(3).

(3) Empty containers. For the purposes of this chapter, a

person who stores, treats, disposes, transports, or offers for

transport empty containers of dangerous waste that were for
173-303-240 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 58] (6/30/09)

his own use will not be treated as a generator or as a facility

owner/operator if the containers are empty as defined in

WAC 173-303-160(2), and either:

(a) The rinsate is not a dangerous waste under this chapter; or

(b) He reuses the rinsate in a manner consistent with the

original product or, if he is a farmer and the rinsate contains

pesticide residues, he reuses or manages the rinsate in a manner consistent with the instructions on the pesticide label,

provided that when the label instructions specify disposal or

burial, such disposal or burial must be on the farmer's own

(including rented, leased or tenanted) property.

(4) Tank cars. A person rinsing out dangerous waste tote

tanks, truck or railroad tank cars must handle the rinsate

according to this chapter, and according to chapter 90.48

RCW, Water pollution control.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-230, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-230, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-230, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-230, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-230, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-230,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-230, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-230, filed 6/3/86; 84-09-088 (Order DE 83-36), ß

173-303-230, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-230, filed

2/10/82.]

173-303-240 WAC 173-303-240 Requirements for transporters of

dangerous waste. (1) Applicability. This section establishes

standards that apply to persons transporting dangerous waste

and transporters who own or lease and operate a transfer

facility.

(2) A transporter must have a current EPA/state ID#.

Transporters must comply with the notification and identification requirements of WAC 173-303-060. A transporter

who has previously obtained an EPA/state ID# in another

state is not required to obtain a new ID# when operating in

Washington state. Transporters who must comply with the

generator requirements as a result of a spill at a transfer facility or during transport must obtain a separate generator

EPA/state ID# for the spill.

(3) Any person who transports a dangerous waste must

comply with the requirements of WAC 173-303-240 through

173-303-270, when the dangerous waste must be manifested

in accordance with WAC 173-303-180.

(4) Any person who transports a dangerous waste must

also comply with the requirements of WAC 173-303-170

through 173-303-230 for generators, if he:

(a) Transports dangerous waste into the state from

another country; or

(b) Mixes dangerous waste of different United States

DOT shipping descriptions by mixing them into a single container.

(5) These requirements do not apply to on-site (as

defined in WAC 173-303-040) transportation of dangerous

waste by generators, or by owners or operators of permitted

TSD facilities.

(6) Transfer facility. The requirements of this subsection

apply to a transporter or marine terminal operator who owns

or leases and operates a transfer facility. Transfer of a shipment of dangerous waste from one transport vehicle to

another transport vehicle, from one container to another container, and from one transporter to another transporter and

any ten-day storage activities may only occur at a transfer

facility that is registered with the department. A transporter

may store manifested shipments of dangerous waste in containers meeting the requirements of WAC 173-303-190 (1),

(2), (3), and (5) for ten days or less at a transfer facility: Provided, That he or she complies with the following:

(a) A transporter who owns or leases and operates a

transfer facility within Washington that is related to their

dangerous waste transportation activities must register with

the department. Washington registration is not required for a

transporter whose activities are limited to passing through

Washington with shipments of dangerous waste or picking up

shipments from Washington generators or delivering shipments to designated treatment, storage or disposal facilities.

In order to obtain registration, a transporter must complete a

Dangerous Waste Site Identification Form according to the

instructions and submit it to the department;

(b) Maintains ten-day storage records that include the

dates that a manifested shipment of dangerous waste entered

the facility and departed the facility. The ten-day records

must be retained for a period of three years from the date the

shipment was transported from the transfer facility;

(c) WAC 173-303-310 (1) and (2), Security. Instead of

WAC 173-303-310(2) for an enclosed or an open flatbed

transport vehicle parked at a transfer facility that has no

twenty-four-hour surveillance system or natural or artificial

barrier, the transport vehicle must meet the placarding

requirements of 49 CFR Part 172 and be secured (that is,

locked) or the shipment must be transferred to a secured area

of the facility to prevent unknowing entry and minimize

unauthorized entry;

(d) WAC 173-303-320, General inspection. Instead of

keeping inspection records for a period of five years from the

date of inspection in WAC 173-303-320 (2)(d), inspection

records must be kept at the transfer facility for one year from

the date of inspection;

(e) WAC 173-303-330, Personnel training;

(f) WAC 173-303-340, Preparedness and prevention

except WAC 173-303-340(3), Aisle space;

(g) WAC 173-303-350, Contingency plan and emergency procedures;

(h) WAC 173-303-360, Emergencies;

(i) WAC 173-303-630 (2), (3), (4), (5)(a) and (b), (8),

(9)(a) and (b) and (10), Use and management of containers;

(j) WAC 173-303-630(7) in areas where waste is transferred from container to container and in areas where containers are stored outside in the weather. The secondary containment system must be completed by October 15, 2001. The

department may, on a case-by-case basis, grant an extension

to the required completion date if the transporter has a design

and has entered into binding financial or other agreements for

construction prior to October 15, 2001;

(k) The requirements of WAC 173-303-630(7) may be

required in areas other than those described in WAC 173-

303-240 (6)(j) if the department determines that there is a
Dangerous Waste Regulations 173-303-250

(6/30/09) [Ch. 173-303 WACóp. 59]

potential threat to public health and the environment due to

the nature of the wastes being stored or due to a history of

spills or releases from waste stored in containers.

(7) Transporter exemptions. A transporter will not be

required to comply with the following:

(a) The requirements of WAC 173-303-240(6) in the

event of an emergency or other unforeseen event beyond the

reasonable control of the transporter during transit over public highway, rail track or water route and the waste shipment

is loaded, reloaded or transferred to another transport vehicle

or container to facilitate transportation;

(b) The requirements of WAC 173-303-240 (6)(i) and (j)

for dangerous waste that is stored in a secured, enclosed

transport vehicle, intermodal container or portable tank during the time it is parked at a transfer facility;

(c) The requirements of WAC 173-303-240 (6)(i) and (j)

for a transfer facility that is located at a pier, dock or barge

unloading facility and associated with the loading and

unloading of water vessels: Provided, That the dangerous

waste shipment is stored within a transport unit, as defined

under 49 CFR Part 176, and accepted by the approval authority of the United States Coast Guard;

(d) The requirements of WAC 173-303-240 (6)(j) for

dangerous waste that is stored within a building: Provided,

That the floor is compatible with and sufficiently impervious

to the waste stored and is designed and operated so that any

release or spill will be captured within the building and will

prevent any waste from migrating to the soil, ground water or

surface water.

(8) A transporter who accumulates or stores manifested

shipments of dangerous waste for more than ten days at a

transfer facility is subject to the dangerous waste management facility general requirements and permit requirements

of this chapter with respect to the storage of those wastes.

(9) Reference to WAC 173-303-200 in 173-303-240(4)

does not constitute authority for storage in excess of ten days

for a transporter who owns or leases and operates a transfer

facility.

(10) The regulations in WAC 173-303-250 through 173-

303-260 do not apply to transportation during an explosives

or munitions emergency response, conducted in accordance

with WAC 173-303-400 (2)(c)(xiii)(A)(IV) or (xiii)(D) or

WAC 173-303-600 (3)(p)(i)(D) or (3)(p)(iv), and WAC 173-

303-800 (7)(c)(i)(C) or (D).

(11) A transporter of hazardous waste subject to the

manifesting requirements of WAC 173-303-180 or to the universal waste management standards of WAC 173-303-573,

that is being imported from or exported to any of the countries listed in 40 CFR 262.58 (a)(1) for purposes of recovery

is subject to this section and to all other relevant requirements

of 40 CFR subpart H part 262, including, but not limited to,

40 CFR 262.84 for tracking documents. 40 CFR subpart H is

incorporated by reference at WAC 173-303-230(1).

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-240, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-240, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-240, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-240, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

240, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-240, filed

6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-240, filed 6/27/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-240, filed 2/10/82. Formerly WAC 173-302-210.]

173-303-250 WAC 173-303-250 Dangerous waste acceptance,

transport, and delivery. (1)(a) A transporter may not accept

dangerous waste from a generator unless the transporter is

also provided with a manifest signed in accordance with

WAC 173-303-180(3), Manifest procedures.

(b) In the case of exports other than those subject to 40

CFR subpart H part 262 (which is incorporated by reference

at WAC 173-303-230(1)), a transporter may not accept such

waste from a primary exporter or other person if he knows the

shipment does not conform to the EPA Acknowledgment of

Consent; and unless, in addition to a manifest signed by the

generator as provided in this section, the transporter must

also be provided with an EPA Acknowledgment of Consent

which, except for shipment by rail, is attached to the manifest

(or shipping paper for exports by water (bulk shipment)). For

exports of hazardous waste subject to the requirements of 40

CFR subpart H part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by 40 CFR 262.84.

(2) Before transporting a dangerous waste shipment, the

transporter must sign and date the manifest, acknowledging

acceptance of the dangerous waste. The transporter must

return a signed copy to the generator before commencing

transport.

(3) The transporter must insure that the manifest accompanies the dangerous waste shipment.

(4) A transporter who delivers a dangerous waste to

another transporter, or to the designated facility must:

(a) Obtain the date of delivery and the handwritten signature of that transporter or designated facility owner/operator

on the manifest;

(b) Retain one copy of the manifest in accordance with

WAC 173-303-260, Transporter recordkeeping; and

(c) Give the remaining copies of the manifest to the

accepting transporter or designated facility.

(5) The transporter must deliver the entire quantity of

dangerous waste which he has accepted from a generator or a

transporter to:

(a) The designated facility listed on the manifest; or

(b) The alternate designated facility, if the dangerous

waste cannot be delivered to the designated facility because

an emergency prevents delivery; or

(c) The next designated transporter; or

(d) The place outside the United States designated by the

generator.

(6)(a) If the dangerous waste cannot be delivered in

accordance with subsection (5) of this section because of an

emergency condition other than rejection of the waste by the

designated facility, then the transporter must contact the generator for further directions and must revise the manifest

according to the generator's instructions.

(b) If dangerous waste is rejected by the designated facility while the transporter is on the facility's premises, then the

transporter must obtain the following:

(i) For a partial load rejection or for regulated quantities

of container residues, a copy of the original manifest that

includes the facility's date and signature, and the manifest

tracking number of the new manifest that will accompany the
173-303-260 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 60] (6/30/09)

shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in

accordance with WAC 173-303-260, and give the remaining

copies of the original manifest to the rejecting designated

facility. If the transporter is forwarding the rejected part of

the shipment or a regulated container residue to an alternate

facility or returning it to the generator, the transporter must

obtain a new manifest to accompany the shipment, and the

new manifest must include all of the information required in

WAC 173-303-370 (5)(e)(i) through (vi) or 173-303-370

(5)(f)(i) through (vi).

(ii) For a full load rejection that will be taken back by the

transporter, a copy of the original manifest that includes the

rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block

of the manifest, and the name, address, phone number, and

identification number for the alternate facility or generator to

whom the shipment must be delivered. The transporter must

retain a copy of the manifest in accordance with WAC 173-

303-260, and give a copy of the manifest containing this

information to the rejecting designated facility. If the original

manifest is not used, then the transporter must obtain a new

manifest for the shipment and comply with WAC 173-303-

370 (5)(e)(i) through (vi).

(7) The requirements of subsections (3), (4), and (8) of

this section do not apply to water (bulk shipment) transporters if:

(a) The dangerous waste is delivered by water (bulk

shipment) to the designated facility;

(b) A shipping paper containing all the information

required on the manifest (excluding the EPA/state identification numbers, generator certification, and signatures) accompanies the dangerous waste;

(c) The delivering transporter obtains the date of delivery

and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;

(d) The person delivering the dangerous waste to the initial water (bulk shipment) transporter obtains the date of

delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

(e) A copy of the shipping paper or manifest is retained

by each water (bulk shipment) transporter in accordance with

WAC 173-303-260(2).

(8) For shipments involving rail transportation, the

requirements of subsections (3), (4), and (7) of this section do

not apply and the following requirements do apply.

(a) When accepting dangerous waste from a nonrail

transporter, the initial rail transporter must:

(i) Sign and date the manifest acknowledging acceptance

of the dangerous waste;

(ii) Return a signed copy of the manifest to the nonrail

transporter;

(iii) Forward at least three copies of the manifest to:

(A) The next nonrail transporter, if any; or

(B) The designated facility, if the shipment is delivered

to that facility by rail; or

(C) The last rail transporter designated to handle the

waste in the United States;

(iv) Retain one copy of the manifest and rail shipping

paper in accordance with WAC 173-303-260(2).

(b) Rail transporters must ensure that a shipping paper

containing all the information required on the manifest

(excluding the EPA/state identification numbers, generator

certification, and signatures) accompanies the dangerous

waste at all times.

(c) When delivering dangerous waste to the designated

facility, a rail transporter must:

(i) Obtain the date of delivery and handwritten signature

of the owner or operator of the designated facility on the

manifest or the shipping paper (if the manifest has not been

received by the facility); and

(ii) Retain a copy of the manifest or signed shipping

paper in accordance with WAC 173-303-260(2).

(d) When delivering dangerous waste to a nonrail transporter a rail transporter must:

(i) Obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and

(ii) Retain a copy of the manifest in accordance with

WAC 173-303-260(2).

(e) Before accepting dangerous waste from a rail transporter, a nonrail transporter must sign and date the manifest

and provide a copy to the rail transporter.

(9) Transporters who transport dangerous waste out of

the United States must:

(a) Sign and date the manifest in the international shipments block to indicate the date that the shipment left the

United States;

(b) Retain one copy in accordance with WAC 173-303-

260(3), Transporter recordkeeping;

(c) Return a signed copy of the manifest to the generator;

and

(d) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-250, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-250, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-250, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-250, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-250, filed

2/10/82. Formerly WAC 173-302-220 and 173-302-230.]

173-303-260 WAC 173-303-260 Transporter recordkeeping. (1) A

transporter of dangerous waste must keep a copy of the manifest signed by the generator, himself, and the next designated

transporter or the owner or operator of the designated facility

for a period of three years from the date the dangerous waste

was accepted by the initial transporter.

(2) Water (bulk shipment) and rail transporter recordkeeping.

(a) For shipments delivered to the designated facility by

rail or water (bulk shipment), each rail or water (bulk shipment) transporter must retain a copy of a shipping paper containing all the information required on a manifest (excluding

the EPA/state identification numbers, generator certification,

and signatures) for a period of three years from the date the

dangerous waste was accepted by the initial transporter.
Dangerous Waste Regulations 173-303-280

(6/30/09) [Ch. 173-303 WACóp. 61]

(b) For shipments of dangerous waste by rail within the

United States:

(i) The initial rail transporter must keep a copy of the

manifest and shipping paper with all the information required

on a manifest (excluding the EPA/state identification numbers, generator certification, and signatures) for a period of

three years from the date the dangerous waste was accepted

by the initial transporter; and

(ii) The final rail transporter must keep a copy of the

signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three

years from the date the dangerous waste was accepted by the

initial transporter.

(3) A transporter who transports dangerous waste out of

the United States must keep a copy of the manifest, indicating

that the dangerous waste left the United States, for a period of

three years from the date the dangerous waste was accepted

by the initial transporter.

(4) The periods of retention referred to in this section are

extended automatically during the course of any unresolved

enforcement action regarding the regulated activity, or as

requested by the director.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-260, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

260, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-260, filed 2/10/82.]

173-303-270 WAC 173-303-270 Discharges during transport. In

the event of a spill or discharge of dangerous waste during

transportation, the transporter must comply with the requirements of WAC 173-303-145, Spills and discharges into the

environment. In addition to the notices required by WAC

173-303-145, the transporter must provide the following

notifications:

(1) Give notice to the generator of the waste that a discharge has occurred;

(2) Give notice to the National Response Center (800-

424-8802 or 202-426-2675), if required by 49 CFR 171.15;

(3) Submit a written Hazardous Materials Incident

Report as required by 49 CFR 171.16 to the Information Systems Manager, PHH-63, Pipeline and Hazardous Materials

Safety Administration, Department of Transportation, Washington D.C., 20590-0001, or an electronic Hazardous Material Incident Report to the Information System Manager,

DHM-63, Research and Special Programs Administration,

Department of Transportation, Washington D.C., 20590-

0001 at http://hazmat.dot.gov; and,

(4) For a water (bulk shipment) transporter, give the

same notice as required by 33 CFR 153.203 for oil and hazardous substances.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-270, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-270, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

270, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-270, filed 2/10/82.]

173-303-280 WAC 173-303-280 General requirements for dangerous waste management facilities. (1) Applicability. The

requirements of WAC 173-303-280 through 173-303-395

apply to all owners and operators of facilities which store,

treat, or dispose of dangerous wastes and which must be permitted under the requirements of this chapter 173-303 WAC,

unless otherwise specified in this chapter. Whenever a shipment of dangerous waste is initiated from a facility, the

owner or operator of that facility must comply with the

requirements for generators, WAC 173-303-170 through

173-303-230.

(2) Imminent hazard. Notwithstanding any provisions of

this chapter, enforcement actions may be brought in the event

that the management practices of a facility present an imminent and substantial hazard to the public health and the environment, regardless of the quantity or concentration of a dangerous waste.

(3) Identification numbers. Every facility owner or operator must apply for an EPA/state identification number from

the department in accordance with WAC 173-303-060.

(4) The owner or operator must comply with the special

land disposal restrictions for certain dangerous wastes in

WAC 173-303-140.

(5) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid dangerous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

(6) The requirements of WAC 173-303-290 through

173-303-360 and WAC 173-303-395 do not apply to

cleanup-only facilities. Instead, owners/operators of

cleanup-only facilities must comply with the following

requirements.

(a) Obtain an EPA/state identification number in accordance with WAC 173-303-060(2).

(b) Obtain a detailed chemical and physical analysis of a

representative sample of the dangerous remediation waste to

be treated, stored or disposed at the site. At a minimum, this

analysis must contain all information that must be known to

treat, store or dispose of the dangerous remediation waste

according to WAC 173-303-140 (2)(a), 173-303-280 through

173-303ñ395 and WAC 173-303-600 through 173-303-695

and must be kept accurate and up to date.

(c) Prevent people who are unaware of the danger from

entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator

can demonstrate to the director that:

(i) Physical contact with the dangerous remediation

waste, structures or equipment within the active portion of

the remediation waste management site will not injure people

or livestock who may enter the active portion of the remediation waste management site; and

(ii) Disturbance of the dangerous remediation waste or

equipment by people or livestock who enter onto the active

portion of the remediation waste management site will not

cause a violation of the requirements of WAC 173-303-280

through 173-303-395 or WAC 173-303-600 through 173-

303-695.

(d) Inspect the remediation waste management site for

malfunctions, deterioration, operator errors, and discharges

that may lead to a release of dangerous constituents to the

environment or a threat to human health. Inspections must be

conducted often enough to identify problems in time to correct them before they harm human health or the environment.
173-303-281 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 62] (6/30/09)

Problems must be remedied before they lead to a human

health or environmental threat. Where a hazard is imminent

or has already occurred, remedial action must be taken immediately.

(e) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the

remediation waste management site complies with the

requirements of WAC 173-303-280 through 173-303ñ395

and WAC 173-303-600 through 173-303-695 and on how to

effectively respond to emergencies.

(f) Take precautions to prevent accidental ignition or

reaction of ignitable or reactive dangerous remediation waste

and prevent threats to human health and the environment

from ignitable, reactive and incompatible dangerous remediation waste.

(g) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles and

landfill units that are required to comply with WAC 173-303-

650 (2)(j) and (k), 173-303-660 (2)(j) and (k) or 173-303-655

(2)(h), (i) and (j). The construction quality assurance must

meet the requirements of WAC 173-303-335.

(h) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. The procedures must address proper design,

construction, maintenance and operation of remediation

waste management units at the site. The goal of the plan must

be to minimize the possibility of, and the hazards from, a fire,

explosion or any other unplanned sudden or nonsudden

release of dangerous remediation waste or dangerous constituents to the air, soil or surface water that could threaten

human health or the environment. The plan must explain specifically how to treat, store or dispose of the remediation

waste in question and must be implemented immediately

whenever a fire, explosion or release of dangerous remediation waste or dangerous constituents occurs and could

threaten human health or the environment.

(i) Designate at least one employee, either on the remediation waste management site premises or on call (that is,

available to respond to an emergency by reaching the remediation waste management site quickly), to coordinate all emergency response measures. The emergency coordinator must

be thoroughly familiar with all aspects of the remediation

waste management site contingency plan, all operations and

activities at the site, the location and characteristics of dangerous remediation waste handled, the location of all records

within the site, and the site layout. The emergency coordinator must have authority to commit the resources needed to

carry out the contingency plan.

(j) Develop, maintain and implement a plan to meet the

requirements of this subsection.

(k) Maintain records documenting compliance with this

subsection.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-280, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-280, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-280, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), ß

173-303-280, filed 1/5/88, effective 2/5/88; 87-14-029 (Order DE-87-4), ß

173-303-280, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-280,

filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-280, filed 4/18/84.

Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023

(Order DE 81-33), ß 173-303-280, filed 2/10/82.]

173-303-281 WAC 173-303-281 Notice of intent. (1) Purpose. The

purpose of this section is to provide notification to the department, local communities and the public that the siting of a

dangerous waste management facility is being considered.

Also, to provide general information about the proposed

facility owner/operator, the type of facility and the types of

wastes to be managed and compliance with the siting criteria.

(2) Applicability. This section applies to

owners/operators of proposed facilities. This section also

applies to existing facilities applying for a significant expansion, as defined in WAC 173-303-282(3). This section does

not apply to owners/operators of facilities or portions of

facilities who are applying for research, development and

demonstration permits, pursuant to section 3005(g) of the

Resource Conservation and Recovery Act, codified in 40

CFR Part 270.65. In addition, this section does not apply to

owners/operators of facilities operating under an emergency

permit pursuant to WAC 173-303-804 or to persons at facilities conducting on-site cleanup of sites under the Comprehensive Environmental Response Compensation and Liability Act, Sections 3004(u), 3004(v), and 3008(h) of the

Resource Conservation and Recovery Act, chapter 70.105

RCW, or chapter 70.105D RCW, provided the cleanup activities are being conducted under a consent decree, agreed

order, or enforcement order, or is being conducted by the

department or United States Environmental Protection

Agency. As used in this section:

(a) "Proposed facility" means a facility which has not

qualified for interim status under WAC 173-303-805 or for

which the department has not issued a final facility permit

under WAC 173-303-806 prior to the effective date of this

section;

(b) "Existing facility" means a facility which has qualified for interim status under WAC 173-303-805 or for which

the department has issued a final facility permit under WAC

173-303-806 prior to the effective date of this section; and

(c) "Expansion" means the enlargement of the land surface area of an existing facility from that described in an

interim status permit application or final status permit, the

addition of a new dangerous waste management process, or

an increase in the overall design capacity of existing dangerous waste management processes at a facility.

(3) Notice of intent to file for an interim status or a dangerous waste permit.

(a) The notice of intent to be prepared by the

owners/operators of the applicable facilities must consist of:

(i) The name, address, and telephone number of the

owner, operator, and corporate officers;

(ii) The location of the proposed facility or expansion on

a topographic map with specifications as detailed in WAC

173-303-806 (4)(a)(xviii);

(iii) A brief description of the types and amounts of

wastes to be managed annually;

(iv) A brief description of the major equipment items

proposed, if any, and the waste management activities requiring a permit or revision of an existing permit;

(v) Demonstration of compliance with the siting criteria

as required under WAC 173-303-282 (6) and (7). The site

conditions with regards to satisfying the criteria are to be

assessed as of the date of submittal of the notice of intent to

the department;
Dangerous Waste Regulations 173-303-281

(6/30/09) [Ch. 173-303 WACóp. 63]

(vi) For informational purposes a complete summary of

compliance violations of permit conditions at hazardous

waste management facilities owned or operated by the applicant, its subsidiaries or its parent company, during the ten calendar years preceding the permit application. Along with the

summary of compliance violations, as issued by appropriate

state or federal regulatory agencies, the applicant must also

submit responses to past violations and any written correspondence with regulatory agencies regarding the compliance status of any hazardous waste management facility

owned or operated by the applicant, its subsidiaries or parent

company of the owner or operator. A more detailed compliance record must be provided upon request by the department;

(vii) For informational purposes the need for the proposed facility or expansion must be demonstrated by one of

the following methods:

(A) Current overall capacity within Washington is inadequate for dangerous wastes generated in Washington as

determined by regional or state dangerous waste management

plans; or

(B) The facility is a higher priority management method,

as described in RCW 70.105.150, than is currently in place or

practical and available for the types of waste proposed to be

managed; or

(C) The facility will add to the types of technology available or will reduce cost impacts (not to include transportation

costs) to Washington generators for disposal of dangerous

wastes; and

(viii) For informational purposes it must be shown how

the capacity of the proposed facility or expansion will affect

the overall capacity within the state, in conjunction with

existing facilities in Washington.

(b) The notice of intent must be filed with the department, and copies must be made available for public review,

no less than one hundred fifty days prior to filing an application for a permit or permit revision. The department will send

a copy of the notice of intent to the elected officials of the

lead local government and all local governments within the

potentially affected area as required by WAC 173-303-902

(5)(b)(i). The department will continue to coordinate with

interested local governments throughout the review of the

proposal.

(c) Reserved.

(4) Preapplication public meeting and notice.

(a) Applicability. The requirements of subsections (4),

(5), and (6) of this section apply to all final facility (part B)

applications seeking initial permits for dangerous waste management units over which the department has permit issuance

authority. These requirements also apply to final facility part

B applications seeking renewal of permits for such units,

where the renewal application is proposing a significant

change in facility operations. For the purposes of these subsections, a "significant change" is any change that would

qualify as a class 3 permit modification under WAC 173-

303-830(4). For the purposes of these subsections only, "dangerous waste management units over which the department

has permit issuance authority" refers to dangerous waste

management units for which the department has been authorized to issue dangerous waste permits. The requirements of

these subsections do not apply to permit modifications under

WAC 173-303-830(4) or to applications that are submitted

for the sole purpose of conducting post-closure activities or

post-closure activities and corrective action at a facility.

The applicant's meeting date must be coordinated with

and approved by ecology. If timing allows, both the applicant

and ecology's meetings may be held on the same day.

(b) Prior to the submission of a part B final facility permit application for a facility, the applicant must hold at least

one meeting with the public in order to solicit questions from

the community and inform the community of proposed dangerous waste management activities. The applicant must post

a sign-in sheet or otherwise provide a voluntary opportunity

for attendees to provide their names and addresses.

(c) The applicant must submit a summary of the meeting,

along with the list of attendees and their addresses developed

under (b) of this subsection, and copies of any written comments or materials submitted at the meeting, to the department as a part of the part B application, in accordance with

WAC 173-303-806 (4)(a).

(d) The applicant must provide public notice of the preapplication meeting at least thirty days prior to the meeting.

The applicant must maintain, and provide to the department

upon request, documentation of the notice.

(i) The applicant must provide public notice in all of the

following forms:

(A) A newspaper advertisement. The applicant must

publish a notice, fulfilling the requirements in (d)(ii) of this

subsection, in a newspaper of general circulation in the

county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the department will instruct

the applicant to publish the notice in newspapers of general

circulation in adjacent counties, where the department determines that such publication is necessary to inform the

affected public. The notice must be published as a display

advertisement.

(B) A visible and accessible sign. The applicant must

post a notice on a clearly marked sign at or near the facility,

fulfilling the requirements in (d)(ii) of this subsection. If the

applicant places the sign on the facility property, then the

sign must be large enough to be readable from the nearest

point where the public would pass by the site.

(C) A broadcast media announcement. The applicant

must broadcast a notice, fulfilling the requirements in (d)(ii)

of this subsection, at least once on at least one local radio station or television station. The applicant may employ another

medium with prior approval of the department.

(D) A notice to the department. The applicant must send

a copy of the newspaper notice to the department and to the

appropriate units of state and local government, in accordance with WAC 173-303-840 (3)(e)(i)(E).

(ii) The notices required under (d)(i) of this subsection

must include:

(A) The date, time, and location of the meeting;

(B) A brief description of the purpose of the meeting;

(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or

copied street map) of the facility location;

(D) A statement encouraging people to contact the facility at least seventy-two hours before the meeting if they need

special access to participate in the meeting; and
173-303-282 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 64] (6/30/09)

(E) The name, address, and telephone number of a contact person for the applicant.

(5) Public notice requirements at the application stage.

(a) Applicability. The requirements of this section apply

to all final facility part B applications seeking initial permits

for dangerous waste management units over which the

department has permit issuance authority. The requirements

of this section also apply to final facility part B applications

seeking renewal of permits for such units under WAC 173-

303-806 (7)(a). For the purposes of this section only, "dangerous waste management units over which the department

has permit issuance authority" refers to dangerous waste

management units for which the department has been authorized to issue final facility permits. The requirements of this

section do not apply to permit modifications under WAC

173-303-830(4) or permit applications submitted for the sole

purpose of conducting post-closure activities or post-closure

activities and corrective action at a facility.

(b) Notification at application submittal.

(i) The department will provide public notice as set forth

in WAC 173-303-840 (3)(e)(i)(D), and notice to appropriate

units of state and local government as set forth in WAC 173-

303-840 (3)(e)(i)(E), that a part B permit application has been

submitted to the department and is available for review.

(ii) The notice will be published within a reasonable

period of time after the application is received by the department. The notice must include:

(A) The name and telephone number of the applicant's

contact person;

(B) The name and telephone number of the department's

contact, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit

review process;

(C) An address to which people can write in order to be

put on the facility mailing list;

(D) The location where copies of the permit application

and any supporting documents can be viewed and copied;

(E) A brief description of the facility and proposed operations, including the address or a map (for example, a

sketched or copied street map) of the facility location on the

front page of the notice; and

(F) The date that the application was submitted.

(iii) Concurrent with the notice required under (b) of this

subsection, the department will place the permit application

and any supporting documents in a location accessible to the

public in the vicinity of the facility or at the department's

office.

(6) Information repository.

(a) Applicability. The requirements of this section apply

to all applications seeking final facility permits for dangerous

waste management units over which the department has permit issuance authority. For the purposes of this section only,

"dangerous waste management units over which the department has permit issuance authority" refers to dangerous

waste management units for which the department has been

authorized to issue dangerous waste permits.

(b) The department may assess the need, on a case-bycase basis, for an information repository. When assessing the

need for an information repository, the department will consider a variety of factors, including: The level of public interest; the type of facility; the presence of an existing repository;

and the proximity to the nearest copy of the administrative

record. If the department determines, at any time after submittal of a permit application, that there is a need for a repository, then the department will notify the facility that it must

establish and maintain an information repository. (See WAC

173-303-810(16) for similar provisions relating to the information repository during the life of a permit.)

(c) The information repository must contain all documents, reports, data, and information deemed necessary by

the department to fulfill the purposes for which the repository

is established. The department will have the discretion to

limit the contents of the repository.

(d) The information repository must be located and

maintained at a site chosen by the facility. If the department

finds the site unsuitable for the purposes and persons for

which it was established, due to problems with the location,

hours of availability, access, or other relevant considerations,

then the department will specify a more appropriate site.

(e) The department will specify requirements for informing the public about the information repository. At a minimum, the department will require the facility to provide a

written notice about the information repository to all individuals on the facility mailing list.

(f) The facility owner/operator will be responsible for

maintaining and updating the repository with appropriate

information throughout a time period specified by the department. The department may close the repository at its discretion, based on the factors in (b) of this subsection.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-281, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007.

00-11-040 (Order 99-01), ß 173-303-281, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order

94-30), ß 173-303-281, filed 10/19/95, effective 11/19/95; 94-01-060 (Order

92-33), ß 173-303-281, filed 12/8/93, effective 1/8/94. Statutory Authority:

RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, ß 173-303-281, filed

9/21/90, effective 10/22/90. Statutory Authority: Chapter 70.105 RCW. 88-

18-083 (Order 88-29), ß 173-303-281, filed 9/6/88.]

173-303-282

WAC 173-303-282 Siting criteria. (1) Purpose. This

section establishes siting criteria which serve as an initial

screen in the consideration of sites for dangerous waste management facilities. The purpose of the siting criteria is to

immediately disqualify proposed dangerous waste facility

sites in locations considered unsuitable or inappropriate for

the management of dangerous wastes. Under RCW

70.105.200 (1)(d), siting criteria cannot prevent existing dangerous waste management facilities from operating at or

below their present level of activity.

A proposed site which is not disqualified under these criteria will be further studied to determine if it qualifies under

site specific rules. Compliance with the siting criteria does

not imply that a given project at a given location poses an

acceptable level of risk, nor does it commit the department to

the issuance of a dangerous waste permit. Projects that demonstrate compliance with the siting criteria will be subjected

to comprehensive environmental and technical review pursuant to applicable laws and regulations before the department

makes a final decision on a dangerous waste permit.

The department may deny a permit or require protective

measures such as engineering enhancements or increased set-
Dangerous Waste Regulations 173-303-282

(6/30/09) [Ch. 173-303 WACóp. 65]

back distances from resources in order to ensure protection of

human health and the environment.

(2) Applicability.

(a) Except as otherwise specifically provided, this section applies to:

(i) Owners/operators of proposed facilities; and

(ii) Owners or operators of existing land-based facilities

at which an expansion of the land based unit is proposed;

(iii) Owners or operators of existing incinerators at

which an expansion is proposed; and

(iv) Owners or operators proposing a significant expansion of other existing dangerous waste management facilities

not subject to (a)(i), (ii) and (iii) of this subsection, unless the

owner/operator can demonstrate to the satisfaction of the

department that the proposed expansion will provide a net

increase in protection to human health and the environment

beyond that which is currently provided at the facility. However, demonstrations under this subsection (iv) must not

result in treatment or storage facilities expanding into landbased or incineration facilities if siting criteria cannot be satisfied.

(b) This section does not apply to:

(i) Owners/operators of facilities or portions of facilities

who are applying for research, development and demonstration permits, pursuant to section 3005(g) of the Resource

Conservation and Recovery Act, codified in 40 CFR Part

270.65 or WAC 173-303-809;

(ii) Owners/operators of facilities operating under an

emergency permit pursuant to WAC 173-303-804;

(iii) Persons at facilities conducting on-site cleanup of

sites under the Comprehensive Environmental Response

Compensation and Liability Act, Sections 3004(u), 3004(v),

and 3008(h) of the Resource Conservation and Recovery Act,

chapter 70.105 RCW, or chapter 70.105D RCW, provided

the cleanup activities are being conducted under a consent

decree, agreed order, or enforcement order, or is being conducted by the department or United States Environmental

Protection Agency;

(iv) Persons managing solid wastes who become subject

to dangerous waste regulations through amendments to this

chapter after the effective date of this section. This provision

applies only to those activities operated in accordance with

local, state, and federal requirements and which were being

conducted prior to becoming subject to dangerous waste regulations, chapter 173-303 WAC or expansions, if it can be

demonstrated to the satisfaction of the department that the

proposed expansion of such activities will provide a net

increase in protection to human health and the environment

beyond that which is currently provided at the facility; or

(v) Owners/operators of facilities who seek to obtain a

dangerous waste permit for waste storage and satisfy all of

the following:

(A) The facility recycles dangerous waste in a process

that is exempt from dangerous waste permitting.

(B) Waste storage is used strictly to support the exempt

recycling.

(C) Waste storage is in tanks, containers, or a containment building.

(D) Waste storage is indoors.

(3) Definitions. Any terms used in this section that are

not defined below have the meanings provided in WAC 173-

303-040. For the purposes of this section, the following terms

have the described meanings:

(a) "Aquifer of beneficial use" means an aquifer that

contains sufficient quality and quantity of water to allow it to

be withdrawn for beneficial uses which include, but are not

limited to, uses for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife

maintenance and enhancement, or recreational purposes.

(b) "Displacement" means the relative movement of any

two sides of a fault measured in any direction.

(c) "Domestic water use" means any water used for

human consumption, other domestic activities or livestock

watering for which the department has issued a permit of

water right for surface water diversions pursuant to chapter

90.03 RCW, or for a well pursuant to chapter 90.44 RCW, or

for which the department has received a well water report

pursuant to RCW 18.104.050, or for any other valid water

right claimed in accordance with chapter 90.14 RCW. This

does not apply to wells abandoned in compliance with chapter 173-160 WAC.

(d) "Existing facility" means a facility which has qualified for interim status under WAC 173-303-805 or for which

the department has issued a final facility permit under WAC

173-303-806.

(e) "Expansion" means the enlargement of the land surface area of an existing facility from that described in an

interim status permit application or final facility permit, the

addition of a new dangerous waste management process, or

an increase in overall design capacity of existing dangerous

waste management processes at a facility. However, a process or equipment change within the existing handling code

(not to include "other") as defined under WAC 173-303-380

(2)(d) will not be considered a new dangerous waste management process.

(f) "Fault" means a fracture along which rocks or soils on

one side have been displaced with respect to those on the

other side.

(g) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to

the present.

(h) "Land-based facility" means a dangerous waste management facility which falls under the definition of land disposal as defined in Section 3004(k) of the Resource Conservation and Recovery Act. These facilities use the land as an

integral part of their waste management method and include,

but are not limited to, landfills, surface impoundments, waste

piles, and land treatment facilities. For the purposes of this

section, this would not include waste piles in which the dangerous wastes are stored inside or under a structure that provides protection from precipitation and when runoff,

leachate, or other types of waste dispersal are not generated

under any conditions.

(i) "Nonland based facility" means a facility which does

not use the land as an integral part of its waste management

method and is not subject to the requirements of WAC 173-

303-806 (4)(a)(xxi). These facilities include, but are not limited to, tanks, containers, and incinerators.

(j) "Perennial surface water body" means a surface water

body which is normally continuous with natural flows

throughout the year or an annually recurring body of water

including lakes, rivers, ponds, streams, reservoirs, inland
173-303-282 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 66] (6/30/09)

waters, and saltwaters. This does not include roadside ditches

or storm drains. However, this definition does apply to irrigation or domestic water supply channels existing, or planned

and approved by a governmental agency, at the time an

owner/operator submits a notice of intent.

(k) "Preempted facility" means any facility that includes

as a significant part of its activities any of the following operations: (i) Landfill; (ii) incineration; (iii) land treatment; (iv)

surface impoundment to be closed as a landfill; or (v) waste

pile to be closed as a landfill.

(l) "Prime farmland" means the land which has the best

combination of physical and chemical characteristics for producing food, feed, forage, fiber or oilseed crops, and is also

available for these uses. It has the soil quality, growing season, and moisture supply needed to economically produce

sustained high yields of crops when treated and managed,

including water management, according to acceptable farming methods. In general, prime farmland has an adequate and

dependable water supply from precipitation or irrigation, a

favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few

or no rocks. It is permeable to water and air. Prime farmland

is not excessively erodible or saturated with water for a long

period of time, and it either does not flood frequently or is

protected from flooding. Prime farmland will be determined

by those general and specific criteria as defined in the

National Soils Handbook, Soil Conservation Service, United

States Department of Agriculture, Washington, D.C. and 7

CFR 2.62. Areas of prime farmland are identified in the most

recent county soil survey maps prepared by the National

Cooperative Soil Survey.

(m) "Proposed facility" means a facility which has not

qualified for interim status under WAC 173-303-805 or for

which the department has not issued a final facility permit

under WAC 173-303-806.

(n) "Public gathering places" means a place such as a

public or private health care or child care facility; an educational institution; a church; a government institution not associated with dangerous waste management; or a retail shopping center.

(o) "Residence" means any dwelling including, but not

limited to, private homes, rental homes, boarding houses,

apartments, motels, or hotels.

(p) "Significant expansion" means an expansion of an

existing facility, operating under interim status or a final status permit, that is considered a class three modification as

designated by 40 CFR Parts 270.41 and 270.42. Examples

include, but are not limited to, a modification or addition of

container units resulting in greater than a twenty-five percent

increase in the facility's container storage capacity, storage of

different wastes in containers that require additional or different management practices from those authorized under

interim status or by a final status permit, and a modification

or addition of tank units resulting in greater than twenty-five

percent increase in the facility's capacity. In addition, for the

purposes of this section, a significant expansion is a single or

cumulative increase of greater than twenty-five percent of the

storage design capacity as described in the facility's original

Part A permit application, or of the storage capacity approved

for the previous significant expansion, whichever is more

recent.

(q) "Slope and soil instability" means areas for which

there is credible evidence of, or the potential for, landslides,

slumps, avalanches, earth or mud flows, or other unsuitable

slope conditions.

(r) "Subsidence" means areas for which there is credible

evidence of, or potential for, sinking of the land surface.

Areas of subsurface mines, caves, cavernous materials, or

where there has been significant removal of fluids may provide credible evidence of subsidence.

(s) "Wetland" means land transitional between terrestrial

and aquatic systems where the water table is usually at or

near the surface or the land is covered by shallow water. For

purposes of this classification a wetland must have one or

more of the following three attributes: (i) At least periodically, the land supports predominantly hydrophytes; (ii) the

substrate is predominantly undrained hydric soil; and (iii) the

substrate is nonsoil and is saturated with water or covered by

shallow water at some time during the growing season of

each year. The Joint Federal Methodology for Identifying

and Delineating Wetlands must be used for defining the

upland boundary of wetlands.

(4) Implementation.

(a) Submittal of information to demonstrate compliance.

Documentation that a proposed facility or expansion site

meets the siting criteria must be submitted to the department

in the notice of intent.

(b) Consultation by department. The department will

consult with the lead local government as defined in WAC

173-303-902 (4)(h) and consider those local land use, building, fire, air quality, and transportation standards to the extent

they add to and do not conflict with the requirements of this

section. Such consultation and consideration will be made

prior to the department's rendering of a tentative decision

under subsection (4)(c) of this section.

(c) Response by department. Within sixty days of receipt

of a demonstration of compliance, the department will undertake one of the following actions:

(i) Return the demonstration of compliance as incomplete with written comments identifying the need for additional information. The owner or operator may resubmit the

demonstration of compliance with complete information; or

(ii) Render a written tentative decision to approve or

deny the demonstration of compliance.

(d) Public notice and hearing process. The department in

making a tentative decision to approve or deny a demonstration of compliance with this section will take the following

actions:

(i) For land-based facilities and incinerators:

(A) The department will publish a notice of its tentative

decision in a daily or weekly newspaper of general circulation in the potentially affected area, and will give notice by

other reasonable methods to persons potentially affected.

(B) The department will hold a public hearing at a location convenient to the public in the potentially affected area.

Notice of the date, time, purpose, and place of the hearing

will be provided in the publication of notice.

(C) The department will accept comments on its tentative decision for a minimum of forty-five days.

(D) After evaluating all public comments the department

will make a final decision in accordance with chapter 34.05
Dangerous Waste Regulations 173-303-282

(6/30/09) [Ch. 173-303 WACóp. 67]

RCW. The department will either approve or deny the

owner/operator's demonstration of compliance.

(ii) For nonland-based facilities, excluding incinerators:

(A) The department will publish a notice of its tentative

decision in a daily or weekly newspaper of general circulation in the potentially affected area, and will give notice by

other reasonable methods to persons potentially affected.

(B) Upon the written request of any interested person,

the department may hold a public hearing to consider public

comments on the owner or operator's demonstration of compliance. A person requesting the hearing must state the issues

to be raised and explain why written comments would not

suffice. In any case, if ten or more persons request a public

hearing on the subject of the department's tentative decision,

the department will hold a public hearing for the purpose of

receiving comments.

(C) The department will accept comments on its tentative decision for a minimum of forty-five days.

(D) After evaluating all public comments the department

will make a final decision in accordance with chapter 34.05

RCW. The department will either approve or deny the owner

or operator's demonstration of compliance.

(5) Appeal of a department decision. Any person who

is adversely affected by a decision of the department under

this section may appeal the decision to the pollution control

hearings board pursuant to the authority of WAC 173-303-

845.

(6) Criteria for elements of the natural environment.

The following siting criteria establish locations from which

facilities are excluded and establish minimum setback distances from identified resources. Unless otherwise stated, setback distances are measured horizontally from the dangerous

waste management unit boundary to the identified resource.

These criteria will be used as an initial screening tool in

the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more

comprehensive evaluation of locational factors will occur

during the department's review of a permit application. The

department may deny a permit or impose additional setback

distances or other permit requirements if necessary to protect

human health and the environment.

(a) Earth. The intent of this subsection is to reduce the

potential for the release of dangerous waste into the environment because of structural damage to facilities subject to the

hazards identified below. The owner/operator must provide

supportive geologic, geotechnical, and soils information.

(i) Seismic risk. All dangerous waste management facilities must be located such that the dangerous waste management unit boundary is located at least five hundred feet from

a fault which has had displacement in Holocene times.

(ii) Subsidence. No dangerous waste management facility may be located such that the dangerous waste management unit is within an area of subsidence.

(iii) Slope or soil instability. No dangerous waste management facility may be located such that the dangerous

waste management unit is within an area of slope or soil

instability, nor in the areas affected by unstable slope or soil

conditions.

(b) Air. The intent of this subsection is to reduce the

potential for further degradation of air quality in areas currently experiencing air quality impacts.

(i) Incineration facilities may not be located in a Class I

area designated in accordance with Section 162 or 164 of the

Federal Clean Air Act (under WAC 173-300-030(13)).

(ii) Incineration facilities may not be located in a nonattainment area designated by the department unless compensating emission offset can be achieved.

(iii) Proposed incineration facilities must comply with

WAC 173-303-806 (4)(a)(xxii) during the permitting process.

(c) Water. The intent of this subsection is to reduce the

potential for contaminating waters of the state in the event of

a release of dangerous wastes.

(i) Surface water.

(A) Flood, seiche, and tsunami protection.

(I) No dangerous waste management facility or dangerous waste management unit may be located within the one

hundred-year flood plain as indicated in the most current

Federal Emergency Management Agency maps.

(II) The owner/operator of a nonland-based facility must

identify whether the facility is intended to be located within

the five hundred-year flood plain, as indicated in the most

current Federal Emergency Management Agency maps.

Nonland-based facilities will require special design features

so as to prevent flooding of the dangerous waste management

unit in the event of a five hundred-year flood.

(III) Land-based facilities may not be located within the

five hundred-year flood plain as indicated in the most current

Federal Emergency Management Agency maps.

(IV) Dangerous waste management facilities may not be

located in areas subject to seiches, or coastal flooding including tsunamis or storm surges as indicated in the most current

maps of the National Flood Insurance Program of the Federal

Emergency Management Agency.

(B) Perennial surface water bodies.

(I) Nonland-based facilities must be located such that the

dangerous waste management unit boundary is at least five

hundred feet from a perennial surface water body.

(II) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least onequarter mile from a perennial surface water body.

(C) Surface water supply.

(I) No dangerous waste management facility may be

located in a watershed identified in the report submitted to,

and approved by, the department of health under the authority

of WAC 246-290-135(5), Watershed control.

(II) Nonland-based facilities must be located such that

the dangerous waste management unit boundary is at least

five hundred feet from the nearest surface water intake for

domestic water.

(III) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least onequarter mile from the nearest surface water intake for domestic water.

(ii) Ground water. To the extent feasible, proponents of

land-based facilities should seek sites with natural site characteristics which are capable of providing protection of

ground water resources. Natural features such as low permeability soils and substrata, relatively simple geologic formations, and high rates of evapotranspiration in relation to the

seasonal occurrence of precipitation are preferable for the

locations of land-based facilities. Proposed land-based facili-
173-303-282 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 68] (6/30/09)

ties must comply with the contingent ground water protection

program, WAC 173-303-806 (4)(a)(xxi), during the permitting process.

(A) Depth to ground water.

(I) Nonland-based facilities may not be located in areas

where there is less than ten feet vertical separation between

the lowest point of the dangerous waste management unit and

the seasonal high water level of the uppermost aquifer of beneficial use.

(II) Land-based facilities may not be located in areas

where there is less than fifty feet vertical separation between

the lowest point of the dangerous waste management unit and

the seasonal highwater level of the uppermost aquifer of beneficial use.

(B) Sole source aquifer. No land-based facilities may be

located over an area designated as a sole source aquifer under

section 1424(e) of the Federal Safe Drinking Water Act (P.L.

93-523).

(C) Ground water management areas. Owners/operators

of facilities must identify whether the proposed facility location is within a ground water management area, as proposed

or certified pursuant to RCW 90.44.130. In order to maintain

consistency with the purpose and substantive requirements of

certified ground water management area plans, the department may require additional protective measures or reject

inconsistent projects.

(D) Ground water intakes.

(I) Nonland-based facilities must be located such that the

dangerous waste management unit boundary is at least five

hundred feet from the nearest ground water intake for domestic water.

(II) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least onequarter mile from the nearest ground water intake for domestic water.

(E) Special protection areas. Land-based facilities must

not be located within ground water special protection areas

designated by ecology under the authority of chapter 90.48

RCW.

(d) Plants and animals: Intent. To reduce the potential

for dangerous waste contaminating plant and animal habitat

in the event of a release of dangerous wastes.

(i) Nonland-based facilities must be located such that the

dangerous waste management unit boundary is at least five

hundred feet from the following areas:

(A) Wetlands;

(B) Designated critical habitat, for federally listed threatened or endangered species, as defined by the Endangered

Species Act of 1973 (P.L. 93-205);

(C) Habitat designated by the Washington department of

wildlife as habitat essential to the maintenance or recovery of

any state listed threatened or endangered wildlife species;

(D) Natural areas which are acquired or voluntarily registered or dedicated by the owner under chapter 79.70 RCW,

Natural area preserves; and

(E) State or federally designated wildlife refuge, preserve, or bald eagle protection area.

(ii) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least onequarter mile from those areas specified in item (i) above.

(e) Precipitation. The intent of this subsection is to

reduce the potential for contaminating waters and soils of the

state in the event of a release of dangerous wastes.

Land-based facilities must not be located in areas having

a mean annual precipitation level of greater than one hundred

inches. The mean annual precipitation map in the U.S. Geological Survey Water-Resources Investigations Report 84-

4279 must be used to determine whether a land-based facility

is proposed to be located in such an area.

(7) Criteria for elements of the built environment.

The following siting criteria establish locations from which

facilities are excluded or which require separation from identified land uses. Unless otherwise stated, setback distances

are measured horizontally from the dangerous waste management unit boundary to the identified land use.

These criteria must be used as an initial screening tool in

the selection of sites which may be considered by the department for the purpose of managing dangerous waste. A more

comprehensive evaluation of locational factors will occur

during the department's review of a permit application. The

department may deny a permit or impose additional setback

distances or other permit requirements if necessary to protect

human health and the environment.

(a) Adjacent land use.

(i) Nonland-based facilities must be located such that the

dangerous waste management unit boundary is at least two

hundred feet from the nearest point of the facility property

line.

(ii) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least five

hundred feet from the nearest point of the facility property

line.

(b) Special land uses.

(i) Wild and scenic rivers. Dangerous waste management

facilities must not be located within the viewshed of users on

wild and scenic rivers designated by the state or federal government.

(ii) Nonland-based facilities must be located such that

the dangerous waste management unit boundary is at least

five hundred feet from the following:

(A) State or federally designated park, recreation area, or

national monument;

(B) Wilderness area as defined by the Wilderness Act of

1964 (P.L. 88-577); and

(C) Land identified as prime farmland at the time a

notice of intent is submitted to the department.

(iii) Land-based facilities must be located such that the

dangerous waste management unit boundary is at least onequarter mile from those land uses specified in item (ii) above.

(c) Residences and public gathering places.

(i) Nonland-based facilities with the exception of incineration facilities must be located such that the dangerous

waste management unit boundary is at least five hundred feet

from residences or public gathering places.

(ii) Incineration and land-based facilities must be located

such that the dangerous waste management unit boundary is

at least one-quarter mile from residences or public gathering

places.

(d) Land use compatibility. Owners/operators of nonpreempted facilities must conform with local land use zoning
Dangerous Waste Regulations 173-303-300

(6/30/09) [Ch. 173-303 WACóp. 69]

designation requirements, as approved by the department

under chapter 70.105 RCW.

(e) Archaeological sites and historic sites. No dangerous

waste management facility must be located in an archaeological site or historic site designated by the state or federal government.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-282, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-282, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-282, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-282, filed 12/8/93, effective 1/8/94. Statutory

Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, ß 173-303-

282, filed 9/21/90, effective 10/22/90.]

173-303-283 WAC 173-303-283 Performance standards. (1) Purpose. This section provides general performance standards

for designing, constructing, operating, and maintaining dangerous waste facilities.

(2) Applicability. This section applies to all dangerous

waste facilities permitted under WAC 173-303-800 through

173-303-840. These general performance standards must be

used to determine whether more stringent facility standards

should be applied than those spelled out in WAC 173-303-

280, 173-303-290 through 173-303-400 and 173-303-600

through 173-303-692.

(3) Performance standards. Unless authorized by state,

local, or federal laws, or unless otherwise authorized in this

regulation, the owner/operator must design, construct, operate, or maintain a dangerous waste facility that to the maximum extent practical given the limits of technology prevents:

(a) Degradation of ground water quality;

(b) Degradation of air quality by open burning or other

activities;

(c) Degradation of surface water quality;

(d) Destruction or impairment of flora and fauna outside

the active portion of the facility;

(e) Excessive noise;

(f) Conditions that constitute a negative aesthetic impact

for the public using rights of ways, or public lands, or for

landowners of adjacent properties;

(g) Unstable hillsides or soils as a result of trenches,

impoundments, excavations, etc.;

(h) The use of processes that do not treat, detoxify, recycle, reclaim, and recover waste material to the extent economically feasible; and

(i) Endangerment of the health of employees, or the public near the facility.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049

(Order 02-03), ß 173-303-283, filed 3/13/03, effective 4/13/03; 95-22-008

(Order 94-30), ß 173-303-283, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), ß 173-303-283,

filed 9/6/88.]

173-303-290 WAC 173-303-290 Required notices. (1)(a) The facility owner or operator who is receiving dangerous waste from

sources outside the United States must notify the appropriate

regional office of the department annually, and in writing at

least four weeks in advance of the date the first shipment of

waste is expected to arrive at the facility. The notification

must be in writing, signed by the importer and operator of the

receiving facility, and include the following information:

(i) Name, street address, mailing address, and telephone

number of the exporter.

(ii) Name, street address, mailing address, telephone

number, and EPA/state ID number of the importer and

receiving facility.

(iii) A description of the dangerous waste and the

EPA/state waste numbers, U.S. DOT proper shipping name,

hazard class and ID number (UN\NA) for each hazardous

waste as identified in 49 CFR Parts 171 through 177.

(iv) The estimated frequency or rate at which such waste

is to be imported and the period of time over which such

waste is to be imported.

(v) The estimated total quantity of the dangerous waste

in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form (8700-22).

(vi) A description of the manner by which the dangerous

waste will be treated, stored, disposed of, or recycled by the

receiving facility.

Upon request by the department, the importer and/or

receiving facility must furnish to the department any additional information regarding the importation of dangerous

waste.

(b) The owner or operator of a recovery facility that has

arranged to receive hazardous waste subject to 40 CFR part

262, subpart H (incorporated by reference at WAC 173-303-

230(1)) must provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of

Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division

(2222A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; and to the competent authorities of all other concerned countries within three

working days of receipt of the shipment. The original of the

signed tracking document must be maintained at the facility

for at least three years.

(2) Before transferring ownership or operation of a facility during its active life or post-closure care period, the owner

or operator must notify the new owner or operator in writing

of the requirements of this chapter 173-303 WAC.

(3) The owner or operator of a facility that receives dangerous waste from an offsite source (except where the owner

or operator is also the generator) must inform the generator in

writing that he has the appropriate permit(s) for, and will

accept, the waste the generator is shipping. The owner or

operator must keep a copy of this written notice as part of the

operating record required under WAC 173-303-380(1).

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-290, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-290, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-290, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-

303-290, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-290, filed

2/10/82.]

173-303-300 WAC 173-303-300 General waste analysis. (1) Purpose. This section requires the facility owner or operator to

confirm his knowledge about a dangerous waste before he

stores, treats, or disposes of it. The purpose for the analysis is

to insure that a dangerous waste is managed properly.
173-303-300 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 70] (6/30/09)

(2) The owner or operator must obtain a detailed chemical, physical, and/or biological analysis of a dangerous

waste, or nondangerous wastes if applicable under WAC

173-303-610 (4)(d), before they store, treat, or dispose of it.

This analysis must contain the information necessary to manage the waste in accordance with the requirements of this

chapter. The analysis must include or consist of existing published or documented data on the dangerous waste, or on

waste generated from similar processes, or data obtained by

testing, or a combination of these.

(a) When an owner or operator relies on knowledge from

the generator for waste designation or for this detailed analysis (commonly known as a waste profile) instead of analytical

testing of a sample, that information must be documented and

must meet the definition of "knowledge" as defined in WAC

173-303-040. To confirm the sufficiency and reliability of the

"knowledge" used for the waste profile, the facility must do

one or more of the following:

(i) Be familiar with the generator's processes by conducting site visits, and reviewing sampling data and other information provided by the generator to ensure they are adequate

for safe management of the waste;

(ii) Ensure waste analysis contained in documented studies on the generator's waste is based on representative and

appropriate sampling and test methods;

(iii) Compare the generator's waste generating process to

documented studies of similar waste generating processes to

ensure the waste profile is accurate and current;

(iv) Obtain other information as predetermined by the

department on a case-by-case basis to be equivalent.

(b) As required in WAC 173-303-380 (1)(c), records

must be retained containing specific information that show

compliance with this subsection for sufficient and reliable

information on the waste whether the owner or operator relies

on analytical testing of the waste or knowledge from the generator, or a combination of these.

(3) The owner or operator of an off-site facility must

confirm, by analysis if necessary, that each dangerous waste

received at the facility matches the identity of the waste specified on the accompanying manifest or shipping paper.

(4) Analysis must be repeated as necessary to ensure that

it is accurate and current. At a minimum, analysis must be

repeated:

(a) When the owner or operator has been notified, or has

reason to believe, that the process or operation generating the

dangerous waste, or nondangerous wastes if applicable under

WAC 173-303-610 (4)(d), has significantly changed; and

(b) When a dangerous waste received at an off-site facility does not match the identity of the waste specified on the

manifest or the shipping paper.

(5) Waste analysis plan. The owner or operator must

develop and follow a written waste analysis plan which

describes the procedures he will use to comply with the waste

analysis requirements of subsections (1), (2), (3), and (4) of

this section. He must keep this plan at the facility, and the

plan must contain at least:

(a) The parameters for which each dangerous waste, or

nondangerous waste if applicable under WAC 173-303-610

(4)(d), will be analyzed, and the rationale for selecting these

parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsections (1) through (4) of this section);

(b) The methods of obtaining or testing for these parameters;

(c) The methods for obtaining representative samples of

wastes for analysis (representative sampling methods are discussed in WAC 173-303-110(2));

(d) The frequency with which analysis of a waste will be

reviewed or repeated to ensure that the analysis is accurate

and current;

(e) The waste analyses which generators have agreed to

supply;

(f) Where applicable, the methods for meeting the additional waste analysis requirements for specific waste management methods as specified in WAC 173-303-400(3)

which incorporates by reference the regulations in 40 CFR

Part 265 Subparts F through R, 265.1034, 265.1063(d),

265.1084, 268.4(a) and 268.7 for interim status facilities and

in WAC 173-303-140 (4)(b), 173-303-395(1), 173-303-630

through 173-303-670, and 40 CFR 264.1034, 264.1063(d),

264.1083, 268.4(a) and 268.7 for final status facilities. Note

that data provided from laboratory analyses for WAC 173-

303-400(3) which incorporates by reference 40 CFR Part 265

Subparts F through R, WAC 173-303-140 (4)(b), 173-303-

395(1), 173-303-630 through 173-303-670, 40 CFR 268.4(a)

and 268.7 must meet the requirements of WAC 173-303-110; 

(g) For off-site facilities, the waste analysis that dangerous waste generators have agreed to supply;

(h) For surface impoundments exempted from land disposal restrictions under 40 CFR 268.4(a), incorporated by

reference in WAC 173-303-140(2), the procedures and

schedules for:

(i) The sampling of impoundment contents;

(ii) The analysis of test data; and

(iii) The annual removal of residues that are not delisted

under 40 CFR 260.22 and WAC 173-303-910(3) or which

exhibit a characteristic of hazardous waste and either:

(A) Do not meet applicable treatment standards of 40

CFR Part 268, Subpart D; or

(B) Where no treatment standards have been established:

(I) Such residues are prohibited from land disposal under

40 CFR 268.32 or RCRA section 3004(d); or

(II) Such residues are prohibited from land disposal

under 40 CFR 268.33(f).

(i) For owners and operators seeking an exemption to the

air emission standards of subpart CC in accordance with Sec.

264.1082, incorporated by reference at WAC 173-303-692,

or with 265.1083, incorporated by reference at WAC 173-

303-400 (3)(a):

(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and

analysis, and the results of the analysis of test data to verify

the exemption.

(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or

operator or by the generator of the hazardous waste, if the

waste is received from off-site, that is used as the basis for

knowledge of the waste.

(6) For off-site facilities, the waste analysis plan required

in subsection (5) of this section must also specify the procedures which will be used to inspect and, if necessary, analyze
Dangerous Waste Regulations 173-303-320

(6/30/09) [Ch. 173-303 WACóp. 71]

each movement of hazardous waste received at the facility to

ensure that it matches the identity of the waste designated on

the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(a) The procedures which will be used to determine the

identity of each movement of waste managed at the facility;

(b) The sampling method which will be used to obtain a

representative sample of the waste to be identified, if the

identification method includes sampling; and

(c) The procedures that the owner or operator of an offsite landfill receiving containerized hazardous waste will use

to determine whether a hazardous waste generator or treater

has added a biodegradable sorbent to the waste in the container.

Comment: WAC 173-303-806 requires that the waste analysis plan be submitted with Part B of the permit application.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-300, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-300, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-300, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-300, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-300, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-300, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

300, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-300, filed 2/10/82.]

173-303-310 WAC 173-303-310 Security. (1) The owner or operator

must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto

the active portion of his or her facility, unless he can demonstrate to the department that:

(a) Physical contact with waste, structures, or equipment

within the active portion of the facility will not injure

unknowing or unauthorized persons or livestock which may

enter the active portion of a facility; and

(b) Disturbance of the waste or equipment by the

unknowing or unauthorized entry of persons or livestock onto

the active portion of the facility will not cause a violation of

this chapter 173-303 WAC.

(2) A facility must have:

(a) Signs posted at each entrance to the active portion,

and at other locations, in sufficient numbers to be seen from

any approach to the active portion. Signs must bear the legend, "Danger-unauthorized personnel keep out," or an equivalent legend, written in English, and must be legible from a

distance of twenty-five feet or more; and either

(b) A 24-hour surveillance system which continuously

monitors and controls entry onto the active portion of the

facility; or

(c) An artificial or natural barrier, or a combination of

both, which completely surrounds the active portion of the

facility, with a means to control access through gates or other

entrances to the active portion of the facility at all times.

(3) In lieu of WAC 173-303-310(2), above, the owner or

operator of a totally enclosed treatment facility or an elementary neutralization or wastewater treatment unit (as defined in

WAC 173-303-040) must prevent the unknowing entry, and

minimize the possibility for the unauthorized entry, of persons or livestock into or onto the totally enclosed treatment

facility or the elementary neutralization or wastewater treatment unit.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-310, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-310, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

310, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-310, filed 2/10/82. Formerly WAC 173-302-290.]

173-303-320 WAC 173-303-320 General inspection. (1) The owner

or operator must inspect his facility to prevent malfunctions

and deterioration, operator errors, and discharges which may

cause or lead to the release of dangerous waste constituents to

the environment, or a threat to human health. The owner or

operator must conduct these inspections often enough to

identify problems in time to correct them before they harm

human health or the environment.

(2) The owner or operator must develop and follow a

written schedule for inspecting all monitoring equipment,

safety and emergency equipment, security devices, and operating and structural equipment that help prevent, detect, or

respond to hazards to the public health or the environment. In

addition:

(a) The schedule must be kept at the facility;

(b) The schedule must identify the types of problems

which are to be looked for during inspections;

(c) The schedule must indicate the frequency of inspection for specific items. The frequency should be based on the

rate of possible deterioration of equipment, and the probability of an environmental or human health incident. Areas subject to spills must be inspected daily when in use. At a minimum the inspection schedule must also include the applicable

items and frequencies required for the specific waste management methods described in 40 CFR Part 265 Subparts F

through R, 265.1033, 265.1052, 265.1053, 265.1058 and

265.1084 through 265.1090, for interim status facilities and

in WAC 173-303-630 through 173-303-680, and 40 CFR

264.1033, 264.1052, 264.1053, 264.1058 and 264.1083

through 264.1089 for final status facilities; and

(d) The owner or operator must keep an inspection log or

summary, including at least the date and time of the inspection, the printed name and the handwritten signature of the

inspector, a notation of the observations made, an account of

spills or discharges in accordance with WAC 173-303-145,

and the date and nature of any repairs or remedial actions

taken. The log or summary must be kept at the facility for at

least five years from the date of inspection.

(3) The owner or operator must remedy any problems

revealed by the inspection, on a schedule which prevents hazards to the public health and environment. Where a hazard is

imminent or has already occurred, remedial action must be

taken immediately.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-320, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-320, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-320, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-320, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-320,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

84-09-088 (Order DE 83-36), ß 173-303-320, filed 4/18/84. Statutory
173-303-330 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 72] (6/30/09)

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-320, filed 2/10/82.]

173-303-330 WAC 173-303-330 Personnel training. (1) Training

program. The facility owner or operator must provide a program of classroom instruction or on-the-job training for facility personnel. This program must teach personnel to perform

their duties in a way that ensures the facility's compliance

with this chapter 173-303 WAC, must teach facility personnel dangerous waste management procedures (including contingency plan implementation) relevant to the positions in

which they are employed, must ensure that facility personnel

are able to respond effectively to emergencies, and must

include those elements set forth in the training plan required

in subsection (2) of this section. In addition:

(a) The training program must be directed by a person

knowledgeable in dangerous waste management procedures,

and must include training relevant to the positions in which

the facility personnel are employed;

(b) Facility personnel must participate in an annual

review of the training provided in the training program;

(c) This program must be successfully completed by the

facility personnel:

(i) Within six months after these regulations become

effective; or

(ii) Within six months after their employment at or

assignment to the facility, or to a new position at the facility,

whichever is later.

Employees hired after the effective date of these regulations must be supervised until they complete the training program; and

(d) At a minimum, the training program must familiarize

facility personnel with emergency equipment and systems,

and emergency procedures. The program must include other

parameters as set forth by the department, but at a minimum

must include, where applicable:

(i) Procedures for using, inspecting, repairing, and

replacing facility emergency and monitoring equipment;

(ii) Key parameters for automatic waste feed cut-off systems;

(iii) Communications or alarm systems;

(iv) Response to fires or explosions;

(v) Response to ground-water contamination incidents;

and

(vi) Shutdown of operations.

(2) Written training plan. The owner or operator must

develop a written training plan which must be kept at the

facility and which must include the following documents and

records:

(a) For each position related to dangerous waste management at the facility, the job title, the job description, and the

name of the employee filling each job. The job description

must include the requisite skills, education, other qualifications, and duties for each position;

(b) A written description of the type and amount of both

introductory and continuing training required for each position; and

(c) Records documenting that facility personnel have

received and completed the training required by this section.

The department may require, on a case-by-case basis, that

training records include employee initials or signature to verify that training was received.

(3) Training records. Training records on current personnel must be kept until closure of the facility. Training records

on former employees must be kept for at least three years

from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-330, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-330, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

330, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-330, filed 2/10/82. Formerly WAC 173-302-320.]

173-303-335 WAC 173-303-335 Construction quality assurance

program. (1) CQA program.

(a) A construction quality assurance (CQA) program is

required for all surface impoundment, waste pile, and landfill

units that are required to comply with WAC 173-303-650

(2)(j) and (k), 173-303-660 (2)(j) and (k), and 173-303-665

(2)(h) and (j). The program must ensure that the constructed

unit meets or exceeds all design criteria and specifications in

the permit. The program must be developed and implemented

under the direction of a CQA officer who is a registered professional engineer.

(b) The CQA program must address the following physical components, where applicable:

(i) Foundations;

(ii) Dikes;

(iii) Low-permeability soil liners;

(iv) Geomembranes (flexible membrane liners);

(v) Leachate collection and removal systems and leak

detection systems; and

(vi) Final cover systems.

(2) Written CQA plan. The owner or operator of units

subject to the CQA program under (a) of this subsection must

develop and implement a written CQA plan. The plan must

identify steps that will be used to monitor and document the

quality of materials and the condition and manner of their

installation. The CQA plan must include:

(a) Identification of applicable units, and a description of

how they will be constructed.

(b) Identification of key personnel in the development

and implementation of the CQA plan, and CQA officer qualifications.

(c) A description of inspection and sampling activities

for all unit components identified in subsection (1)(b) of this

section, including observations and tests that will be used

before, during, and after construction to ensure that the construction materials and the installed unit components meet

the design specifications. The description must cover: Sampling size and locations; frequency of testing; data evaluation

procedures; acceptance and rejection criteria for construction

materials; plans for implementing corrective measures; and

data or other information to be recorded and retained in the

operating record under WAC 173-303-380.

(3) Contents of program.

(a) The CQA program must include observations,

inspections, tests, and measurements sufficient to ensure:
Dangerous Waste Regulations 173-303-340

(6/30/09) [Ch. 173-303 WACóp. 73]

(i) Structural stability and integrity of all components of

the unit identified in subsection (1)(b) of this section;

(ii) Proper construction of all components of the liners,

leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation

of all components (e.g., pipes) according to design specifications;

(iii) Conformity of all materials used with design and

other material specifications under WAC 173-303-650, 173-

303-660, and 173-303-665.

(b) The CQA program will include test fills for compacted soil liners, using the same compaction methods as in

the full scale unit, to ensure that the liners are constructed to

meet the hydraulic conductivity requirements of WAC 173-

303-650 (2)(j)(i)(B), 173-303-660 (2)(j)(i)(B), and 173-303-

665 (2)(h)(i)(B) in the field. Compliance with the hydraulic

conductivity requirements must be verified by using in situ

testing on the constructed test fill. The department may

accept an alternative demonstration, in lieu of a test fill,

where data are sufficient to show that a constructed soil liner

will meet the hydraulic conductivity requirements of WAC

173-303-650 (2)(j)(i)(B), 173-303-660 (2)(j)(i)(B), and 173-

303-665 (2)(h)(i)(B) in the field.

(4) Certification. Waste will not be received in a unit

subject to this section until the owner or operator has submitted to the department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA

plan has been successfully carried out and that the unit meets

the requirements of WAC 173-303-650 (2)(j) or (k), 173-

303-660 (2)(j) or (k), or 173-303-665 (2)(h) or (j); and the

procedure in WAC 173-303-810 (14)(a) has been completed.

Documentation supporting the CQA officer's certification

must be furnished to the department upon request.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-335, filed 10/19/95, effective 11/19/95.]

173-303-340 WAC 173-303-340 Preparedness and prevention.

Facilities must be designed, constructed, maintained and

operated to minimize the possibility of fire, explosion, or any

unplanned sudden or nonsudden release of dangerous waste

or dangerous waste constituents to air, soil, or surface or

ground water which could threaten the public health or the

environment. This section describes preparations and preventive measures which help avoid or mitigate such situations.

(1) Required equipment. All facilities must be equipped

with the following, unless it can be demonstrated to the

department that none of the hazards posed by waste handled

at the facility could require a particular kind of equipment

specified below:

(a) An internal communications or alarm system capable

of providing immediate emergency instruction to facility personnel;

(b) A device, such as a telephone or a hand-held, twoway radio, capable of summoning emergency assistance from

local police departments, fire departments, or state or local

emergency response teams;

(c) Portable fire extinguishers, fire control equipment

(including special extinguishing equipment, such as that

using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(d) Water at adequate volume and pressure to supply

water hose streams, foam producing equipment, automatic

sprinklers, or water spray systems.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of

emergency.

(2) Access to communications or alarms. Personnel must

have immediate access to the signalling devices described in

the situations below:

(a) Whenever dangerous waste is being poured, mixed,

spread, or otherwise handled, all personnel involved must

have immediate access to an internal alarm or emergency

communication device, either directly or through visual or

voice contact with another employee, unless such a device is

not required in subsection (1) of this section;

(b) If there is ever just one employee on the premises

while the facility is operating, he must have immediate access

to a device, such as a telephone or a hand-held, two-way

radio, capable of summoning external emergency assistance,

unless such a device is not required in subsection (1) of this

section.

(3) Aisle space. The owner or operator must maintain

aisle space to allow the unobstructed movement of personnel,

fire protection equipment, spill control equipment, and

decontamination equipment to any area of facility operation

in an emergency, unless it can be demonstrated to the department that aisle space is not needed for any of these purposes.

(4) Arrangements with local authorities. The owner or

operator must attempt to make the following arrangements,

as appropriate for the type of waste handled at his facility and

the potential need for the services of these organizations,

unless the hazards posed by wastes handled at the facility

would not require these arrangements:

(a) Arrangements to familiarize police, fire departments,

and emergency response teams with the layout of the facility,

properties of dangerous waste handled at the facility and

associated hazards, places where facility personnel would

normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(b) Arrangements to familiarize local hospitals with the

properties of dangerous waste handled at the facility and the

types of injuries or illnesses which could result from fires,

explosions, or releases at the facility;

(c) Agreements with state emergency response teams,

emergency response contractors, and equipment suppliers;

and

(d) Where more than one party might respond to an

emergency, agreements designating primary emergency

authority and agreements with any others to provide support

to the primary emergency authority.

(5) Where state or local authorities decline to enter into

such arrangements, the owner or operator must document the

refusal in the operating record.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-340, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

340, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-340, filed 2/10/82.]
173-303-350 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 74] (6/30/09)

173-303-350

WAC 173-303-350 Contingency plan and emergency

procedures. (1) Purpose. The purpose of this section and

WAC 173-303-360 is to lessen the potential impact on the

public health and the environment in the event of an emergency circumstance, including a fire, explosion, or unplanned

sudden or nonsudden release of dangerous waste or dangerous waste constituents to air, soil, surface water, or ground

water by a facility. A contingency plan must be developed to

lessen the potential impacts of such emergency circumstances, and the plan must be implemented immediately in

such emergency circumstances.

(2) Contingency plan. Each owner or operator must have

a contingency plan at his facility for use in emergencies or

sudden or nonsudden releases which threaten human health

and the environment. If the owner or operator has already

prepared a spill prevention control and countermeasures

(SPCC) plan in accordance with Part 112 of Title 40 CFR or

Part 1510 of chapter V, or some other emergency or contingency plan, they need only amend that plan to incorporate

dangerous waste management provisions that are sufficient to

comply with the requirements of this section and WAC 173-

303-360. The owner or operator may develop one contingency plan that meets all regulatory requirements. Ecology

recommends that the plan be based on the National Response

Team's Integrated Contingency Plan Guidance ("One Plan")

as found at www.nrt.org. When modifications are made to

nondangerous waste (non-Hazardous Waste Management

Act or nondangerous waste regulation) provisions in an integrated contingency plan, the changes do not trigger the need

for a dangerous waste permit modification.

(3) The contingency plan must contain the following:

(a) A description of the actions which facility personnel

must take to comply with this section and WAC 173-303-

360;

(b) A description of the actions which will be taken in the

event that a dangerous waste shipment, which is damaged or

otherwise presents a hazard to the public health and the environment, arrives at the facility, and is not acceptable to the

owner or operator, but cannot be transported, pursuant to the

requirements of WAC 173-303-370 (6), Manifest system,

reasons for not accepting dangerous waste shipments;

(c) A description of the arrangements agreed to by local

police departments, fire departments, hospitals, contractors,

and state and local emergency response teams to coordinate

emergency services as required in WAC 173-303-340(4);

(d) A current list of names, addresses, and phone numbers (office and home) of all persons qualified to act as the

emergency coordinator required under WAC 173-303-

360(1). Where more than one person is listed, one must be

named as primary emergency coordinator, and others must be

listed in the order in which they will assume responsibility as

alternates. For new facilities only, this list may be provided to

the department at the time of facility certification (as required

by WAC 173-303-810 (14)(a)(i)), rather than as part of the

permit application;

(e) A list of all emergency equipment at the facility (such

as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be

kept up to date. In addition, the plan must include the location

and a physical description of each item on the list, and a brief

outline of its capabilities; and

(f) An evacuation plan for facility personnel where there

is a possibility that evacuation could be necessary. This plan

must describe the signal(s) to be used to begin evacuation,

evacuation routes, and alternate evacuation routes.

(4) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:

(a) Maintained at the facility; and

(b) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response

teams that may be called upon to provide emergency services.

(5) Amendments. The owner or operator must review

and immediately amend the contingency plan, if necessary,

whenever:

(a) Applicable regulations or the facility permit are

revised;

(b) The plan fails in an emergency;

(c) The facility changes (in its design, construction, operation, maintenance, or other circumstances) in a way that

materially increases the potential for fires, explosions, or

releases of dangerous waste or dangerous waste constituents,

or in a way that changes the response necessary in an emergency;

(d) The list of emergency coordinators changes; or

(e) The list of emergency equipment changes.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-350, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-350, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-350, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-350, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

350, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-350, filed 2/10/82. Formerly chapter 173-302 WAC.]

173-303-355 WAC 173-303-355 Superfund Amendments and

Reauthorization Act Title III coordination. (1) Owners or

operators must coordinate preparedness and prevention planning and contingency planning efforts, conducted under

WAC 173-303-340 and 173-303-350, with local emergency

planning committees established pursuant to Title III of the

1986 Superfund Amendments and Reauthorization Act.

(2) Appropriate and generally accepted computer models

should be utilized to determine the impacts of a potential catastrophic air release due to fire, explosion, or other accidental

releases of hazardous constituents. Evacuation plans prepared pursuant to WAC 173-303-350 (3)(d) must include

those effected persons and areas identified through these

modelling efforts.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-355, filed 10/19/95, effective 11/19/95. Statutory

Authority: RCW 43.21A.080 and 70.105.210, et seq. 90-20-016, ß 173-303-

355, filed 9/21/90, effective 10/22/90.]

173-303-360 WAC 173-303-360 Emergencies. (1) Emergency coordinator. At all times, there must be at least one employee

either on the facility premises or on call (that is, available to

respond to an emergency by reaching the facility within a

short period of time) with the responsibility for coordinating

all emergency response measures. This emergency coordina-
Dangerous Waste Regulations 173-303-370

(6/30/09) [Ch. 173-303 WACóp. 75]

tor must be thoroughly familiar with all aspects of the facility's contingency plan, required by WAC 173-303-350(2), all

operations and activities at the facility, the location and properties of all wastes handled, the location of all records within

the facility, and the facility layout. In addition, this person

must have the authority to commit the resources needed to

carry out the contingency plan.

(2) Emergency procedures. The following procedures

must be implemented in the event of an emergency.

(a) Whenever there is an imminent or actual emergency

situation, the emergency coordinator (or his designee when

the emergency coordinator is on call) must immediately:

(i) Activate internal facility alarms or communication

systems, where applicable, to notify all facility personnel;

and

(ii) Notify appropriate state or local agencies with designated response roles if their help is needed.

(b) Whenever there is a release, fire, or explosion, the

emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released

materials.

(c) Concurrently, the emergency coordinator must assess

possible hazards to human health and the environment (considering direct, indirect, immediate, and long-term effects)

that may result from the release, fire, or explosion.

(d) If the emergency coordinator determines that the

facility has had a release, fire, or explosion which could

threaten human health or the environment, he must report his

findings as follows:

(i) If his assessment indicates that evacuation of local

areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate

officials decide whether local areas should be evacuated; and

(ii) He must immediately notify the department and

either the government official designated as the on-scene

coordinator, or the National Response Center (using their 24-

hour toll free number (800) 424-8802).

(e) His assessment report must include:

(i) Name and telephone number of reporter;

(ii) Name and address of facility;

(iii) Time and type of incident (e.g., release, fire);

(iv) Name and quantity of material(s) involved, to the

extent known;

(v) The extent of injuries, if any; and

(vi) The possible hazards to human health or the environment outside the facility.

(f) During an emergency, the emergency coordinator

must take all reasonable measures necessary to ensure that

fires, explosions, and releases do not occur, recur, or spread

to other dangerous waste at the facility. These measures must

include, where applicable, stopping processes and operations,

collecting and containing released waste, and removing or

isolating containers.

(g) If the facility stops operations in response to a fire,

explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in

valves, pipes, or other equipment, wherever this is appropriate.

(h) Immediately after an emergency, the emergency

coordinator must provide for treating, storing, or disposing of

recovered waste, contaminated soil or surface water, or any

other material that results from a release, fire, or explosion at

the facility.

(i) The emergency coordinator must ensure that, in the

affected area(s) of the facility:

(i) No waste that may be incompatible with the released

material is treated, stored, or disposed of until cleanup procedures are completed; and

(ii) All emergency equipment listed in the contingency

plan is cleaned and fit for its intended use before operations

are resumed.

(j) The owner or operator must notify the department,

and appropriate local authorities, that the facility is in compliance with (i) of this subsection before operations are resumed

in the affected area(s) of the facility.

(k) The owner or operator must note in the operating

record the time, date, and details of any incident that requires

implementing the contingency plan. Within fifteen days after

the incident, he must submit a written report on the incident

to the department. The report must include:

(i) Name, address, and telephone number of the owner or

operator;

(ii) Name, address, and telephone number of the facility;

(iii) Date, time, and type of incident (e.g., fire, explosion);

(iv) Name and quantity of material(s) involved;

(v) The extent of injuries, if any;

(vi) An assessment of actual or potential hazards to

human health or the environment, where this is applicable;

(vii) Estimated quantity and disposition of recovered

material that resulted from the incident;

(viii) Cause of incident; and

(ix) Description of corrective action taken to prevent

reoccurrence of the incident.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-360, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-360, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part

271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-

303-360, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 87-14-029 (Order DE-87-4), ß 173-303-360, filed 6/26/87; 86-12-057

(Order DE-85-10), ß 173-303-360, filed 6/3/86; 84-09-088 (Order DE 83-

36), ß 173-303-360, filed 4/18/84. Statutory Authority: RCW 70.95.260 and

chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-360, filed

2/10/82. Formerly chapter 173-302 WAC.]

173-303-370 WAC 173-303-370 Manifest system. (1) Applicability.

The requirements of this section apply to owners and operators who receive dangerous waste from off-site sources. If a

facility receives dangerous waste accompanied by a manifest,

the owner, operator, or his/her agent must sign and date the

manifest as indicated in subsection (2) of this section to certify that the dangerous waste covered by the manifest was

received, that the dangerous waste was received except as

noted in the discrepancy space of the manifest, or that the

dangerous waste was rejected as noted in the manifest discrepancy space.

(2) If a facility receives dangerous waste shipment

accompanied by a manifest, the owner, operator, or their

agent, must:

(a) Sign and date, by hand, each copy of the manifest;

(b) Note any discrepancies (as defined in subsection

(5)(a) of this section) on each copy of the manifest;
173-303-370 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 76] (6/30/09)

(c) Immediately give the transporter at least one copy of

the manifest;

(d) Within thirty days of delivery, send a copy of the

manifest to the generator; and

(e) Retain at the facility a copy of each manifest for at

least three years from the date of delivery.

(3) If a facility receives hazardous waste imported from

a foreign source, the receiving facility must mail a copy of the

manifest to the following address within thirty days of delivery: International Compliance Assurance Division,

OFA/OECA (2254A), U.S. Environmental Protection

Agency, Ariel Rios Building, 1200 Pennsylvania Avenue,

N.W., Washington, D.C. 20460.

(4) If a facility receives, from a rail or water (bulk shipment) transporter, dangerous waste which is accompanied by

a manifest or shipping paper containing all the information

required on the manifest (excluding the EPA/state identification numbers, generator's certification, and signatures), the

owner or operator, or his or her agent, must:

(a) Sign and date each copy of the manifest or shipping

paper to certify that the dangerous waste covered by the manifest or shipping paper was received;

(b) Note any significant discrepancies in the manifest or

shipping paper, as described in subsection (5) of this section,

on each copy of the manifest or shipping paper;

(c) Immediately give the rail or water (bulk shipment)

transporter at least one copy of the manifest or shipping

paper;

(d) Within thirty days after the delivery, send a copy of

the signed and dated manifest or a signed and dated copy of

the shipping paper (if the manifest has not been received

within thirty days after delivery) to the generator; and

(e) Retain at the facility a copy of each shipping paper

and manifest for at least three years from the date of delivery.

(5) Manifest discrepancies.

(a) Manifest discrepancies are:

(i) Significant differences (as defined in (b) of this subsection) between the quantity or type of dangerous waste designated on the manifest or shipping paper, and the quantity

and type of dangerous waste a facility actually receives;

(ii) Rejected wastes, which may be a full or partial shipment of dangerous waste that the TSDF cannot accept; or

(iii) Container residues, which are residues that exceed

the quantity limits for "empty" containers set forth in WAC

173-303-160(2).

(b) Significant differences in quantity are: For bulk

waste, variations greater than ten percent in weight (for

example, tanker trucks, railroad tank cars, etc.); for batch

waste, any variations in piece count, such as a discrepancy of

one drum in a truckload. Significant differences in type are

obvious differences which can be discovered by inspection or

waste analysis such as waste solvent substituted for waste

acid, or toxic constituents not reported on the manifest or

shipping paper.

(c) Upon discovering a significant difference in quantity

or type, the owner or operator must attempt to reconcile the

discrepancy with the waste generator or transporter. If the

discrepancy is not resolved within fifteen days after receiving

the waste, the owner or operator must immediately submit to

the department a letter describing the discrepancy and

attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(d)(i) Upon rejecting waste or identifying a container

residue that exceeds the quantity limits for "empty" containers set forth in WAC 173-303-160(2), the facility must consult with the generator prior to forwarding the waste to

another facility that can manage the waste. If it is impossible

to locate an alternative facility that can receive the waste, the

facility may return the rejected waste or residue to the generator. The facility must send the waste to the alternative facility or to the generator within sixty days of the rejection or the

container residue identification.

(ii) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under

this section, it must ensure that either the delivering transporter retains custody of the waste, or the facility must provide for secure, temporary custody of the waste, pending

delivery of the waste to the first transporter designated on the

manifest prepared under (e) or (f) of this subsection.

(e) Except as provided in (e)(vii) of this section, for full

or partial load rejections and residues that are to be sent offsite to an alternate facility, the facility is required to prepare a

new manifest in accordance with WAC 173-303-180 and the

following instructions:

(i) Write the generator's U.S. EPA/state ID number in

Item 1 of the new manifest. Write the generator's name and

mailing address in Item 5 of the new manifest. If the mailing

address is different from the generator's site address, then

write the generator's site address in the designated space for

Item 5.

(ii) Write the name of the alternate designated facility

and the facility's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.

(iii) Copy the manifest tracking number found in Item 4

of the old manifest to the special handling and additional

information block of the new manifest, and indicate that the

shipment is a residue or rejected waste from the previous

shipment.

(iv) Copy the manifest tracking number found in Item 4

of the new manifest to the manifest reference number line in

the discrepancy block of the old manifest (Item 18a).

(v) Write the DOT description for the rejected load or the

residue in Item 9 (U.S. DOT Description) of the new manifest

and write the container types, quantity, and volume(s) of

waste.

(vi) Sign the generator's/offeror's certification to certify,

as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition

for transportation.

(vii) For full load rejections that are made while the

transporter remains present at the facility, the facility may

forward the rejected shipment to the alternate facility by

completing Item 18b of the original manifest and supplying

the information on the next destination facility in the alternate facility space. The facility must retain a copy of this

manifest for its records, and then give the remaining copies of

the manifest to the transporter to accompany the shipment. If

the original manifest is not used, then the facility must use a

new manifest and comply with (e)(i), (ii), (iii), (iv), (v), and

(vi) of this subsection.
Dangerous Waste Regulations 173-303-380

(6/30/09) [Ch. 173-303 WACóp. 77]

(f) Except as provided in (f)(vii) of this subsection, for

rejected wastes and residues that must be sent back to the

generator, the facility is required to prepare a new manifest in

accordance with WAC 173-303-180 and the following

instructions:

(i) Write the facility's U.S. EPA ID number in Item 1 of

the new manifest. Write the generator's name and mailing

address in Item 5 of the new manifest. If the mailing address

is different from the generator's site address, then write the

generator's site address in the designated space for Item 5.

(ii) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block

(Item 8) of the new manifest.

(iii) Copy the manifest tracking number found in Item 4

of the old manifest to the special handling and additional

information block of the new manifest, and indicate that the

shipment is a residue or rejected waste from the previous

shipment.

(iv) Copy the manifest tracking number found in Item 4

of the new manifest to the manifest reference number line in

the discrepancy block of the old manifest (Item 18a).

(v) Write the DOT description for the rejected load or the

residue in Item 9 (U.S. DOT Description) of the new manifest

and write the container types, quantity, and volume(s) of

waste.

(vi) Sign the generator's/offeror's certification to certify,

as offeror of the shipment, that the waste has been properly

packaged, marked and labeled and is in proper condition for

transportation.

(vii) For full load rejections that are made while the

transporter remains at the facility, the facility may return the

shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the

generator's information in the alternate facility space. The

facility must retain a copy for its records and then give the

remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then

the facility must use a new manifest and comply with (f)(i),

(ii), (iii), (iv), (v), and (vi) of this subsection.

(g) If a facility rejects a waste or identifies a container

residue that exceeds the quantity limits for "empty" containers set forth in WAC 173-303-160(2) after it has signed,

dated, and returned a copy of the manifest to the delivering

transporter or to the generator, the facility must amend its

copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The

facility must also copy the manifest tracking number from

Item 4 of the new manifest to the discrepancy space of the

amended manifest, and must re-sign and date the manifest to

certify to the information as amended. The facility must

retain the amended manifest for at least three years from the

date of amendment, and must within thirty days, send a copy

of the amended manifest to the transporter and generator that

received copies prior to their being amended.

(6) Reasons for not accepting dangerous waste shipments. The owner or operator may decide that a dangerous

shipment should not be accepted by his facility.

(a) The following are acceptable reasons for denying

receipt of a dangerous waste shipment:

(i) The facility is not capable of properly managing the

type(s) of dangerous waste in the shipment;

(ii) There is a significant discrepancy (as described in

subsection (5) of this section) between the shipment and the

wastes listed on the manifest or shipping paper; or

(iii) The shipment has arrived in a condition which the

owner or operator believes would present an unreasonable

hazard to facility operations, or to facility personnel handling

the dangerous waste(s) (including, but not limited to, leaking

or damaged containers, and improperly labeled containers).

(b) The owner or operator may send the shipment on to

the alternate facility designated on the manifest or shipping

paper, or contact the generator to identify another facility

capable of handling the waste and provide for its delivery to

that other facility, unless, the containers are damaged to such

an extent, or the dangerous waste is in such a condition as to

present a hazard to the public health or the environment in the

process of further transportation.

(c) If the dangerous waste shipment cannot leave the

facility for the reasons described in (b) of this subsection,

then the owner or operator must take those actions described

in the contingency plan, WAC 173-303-350 (3)(b).

(7) Within three working days of the receipt of a shipment subject to 40 CFR part 262, subpart H (which is incorporated by reference at WAC 173-303-230(1)), the owner or

operator of the facility must provide a copy of the tracking

document bearing all required signatures to the notifier, to the

Office of Enforcement and Compliance Assurance, Office of

Compliance, Enforcement Planning, Targeting and Data

Division (2222A), Environmental Protection Agency, 1200

Pennsylvania Ave., NW, Washington, D.C. 20460, and to

competent authorities of all other concerned countries. The

original copy of the tracking document must be maintained at

the facility for at least three years from the date of signature.

(8) A facility must determine whether the consignment

state for a shipment regulates any additional wastes (beyond

those regulated federally) as hazardous wastes under its state

hazardous waste program. Facilities must also determine

whether the consignment state or generator state requires the

facility to submit any copies of the manifest to these states.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-370, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-370, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-370, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-370, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-

303-370, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-370, filed

2/10/82. Formerly chapter 173-302 WAC.]

173-303-380 WAC 173-303-380 Facility recordkeeping. (1) Operating record. The owner or operator of a facility must keep a

written operating record at their facility. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility:

(a) A description of and the quantity of each dangerous

waste received or managed on-site, and the method(s) and

date(s) of its treatment, storage, or disposal at the facility as

required by subsection (2) of this section, recordkeeping

instructions;

(b) The location of each dangerous waste within the

facility and the quantity at each location. For disposal facili-
173-303-380 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 78] (6/30/09)

ties, the location and quantity of each dangerous waste must

be recorded on a map or diagram of each cell or disposal area.

For all facilities, this information must include cross-references to specific manifest document numbers, if the waste

was accompanied by a manifest;

(c) Records and results of waste analyses, waste determinations (as required by 40 CFR Parts 264 and 265, Subpart

CC), and trial tests required by WAC 173-303-300, General

waste analysis, and by 40 CFR sections 264.1034, 264.1063,

264.1083, 265.1034, 265.1063, 265.1084, 268.4(a), and

268.7. Note that data from laboratory analyses for 40 CFR

268.4(a) and 268.7 must meet the requirements of WAC 173-

303-110;

(d) Summary reports and details of all incidents that

require implementing the contingency plan, as specified in

WAC 173-303-360 (2)(k);

(e) Records and results of inspections as required by

WAC 173-303-320 (2)(d), General inspection (except such

information need be kept only for five years);

(f) Monitoring, testing, or analytical data, and corrective

action where required by 40 CFR Part 265 Subparts F

through R and sections 265.1034 (c) through (f), 265.1035,

265.1063 (d) through (i), 265.1064, and 265.1083 through

265.1090 for interim status facilities (incorporated by reference at WAC 173-303-400(3)), and by WAC 173-303-630

through 173-303-695 and 40 CFR sections 264.1034 (c)

through (f), 264.1035, 264.1063 (d) through (i), 264.1064,

and 264.1082 through 264.1090 for final status facilities

(incorporated by reference at WAC 173-303-690, 173-303-

691, and 173-303-692). Note that data provided from laboratory analyses for WAC 173-303-400(3) which incorporates

by reference 40 CFR Part 265 Subparts F through R, WAC

173-303-140 (4)(b), 173-303-395(1), 173-303-630 through

173-303-680, 173-303-693 and 173-303-695, 40 CFR

268.4(a) and 268.7 must meet the requirements of WAC 173-

303-110;

(g) All closure and post-closure cost estimates required

for the facility; 

(h) For off-site facilities, copies of notices to generators

informing them that the facility has all appropriate permits, as

required by WAC 173-303-290, Required notices;

(i) Records of the quantities (and date of placement) for

each shipment of hazardous waste placed in land disposal

units under an extension to the effective date of any land disposal restriction granted pursuant to 40 CFR 268.5, a petition

pursuant to 40 CFR 268.6, and the applicable notice required

by a generator under 40 CFR 268.7(a);

(j) For an off-site treatment facility, a copy of the notice,

and the certification and demonstration, if applicable,

required by the generator or the owner or operator under 40

CFR 268.7;

(k) For an on-site treatment facility, the information contained in the notice (except the manifest number), and the

certification and demonstration if applicable, required by the

generator or the owner or operator under 40 CFR 268.7;

(l) For an off-site land disposal facility, a copy of the

notice, and the certification and demonstration if applicable,

required by the generator or the owner or operator of a treatment facility under 40 CFR 268.7;

(m) For an on-site land disposal facility, the information

contained in the notice required by the generator or owner or

operator of a treatment facility under 40 CFR 268.7, except

for the manifest number;

(n) For an off-site storage facility, a copy of the notice,

and the certification and demonstration if applicable,

required by the generator or the owner or operator under 40

CFR 268.7;

(o) For an on-site storage facility, the information contained in the notice (except the manifest number), and the

certification and demonstration if applicable, required by the

generator or the owner or operator under 40 CFR 268.7; 

(p) Any records required under WAC 173-303-280(6);

and

(q) A certification by the permittee no less often than

annually, that the permittee has a program in place to reduce

the volume and toxicity of hazardous waste that they generate

to the degree determined by the permittee to be economically

practicable; and the proposed method of treatment, storage or

disposal is that practicable method currently available to the

permittee which minimizes the present and future threat to

human health and the environment.

(2) Recordkeeping instructions. This paragraph provides

instructions for recording the portions of the operating record

which are related to describing the types, quantities, and

management of dangerous wastes at the facility. This information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility, as

follows:

(a) Each dangerous waste received, treated, stored, or

disposed of at the facility must be described by its common

name and by its dangerous waste number(s) from WAC 173-

303-080 through 173-303-104. Each listed, characteristic,

and criteria waste has its own four-digit dangerous waste

number. Where a dangerous waste contains more than one

process waste or waste constituent the waste description must

include all applicable dangerous waste numbers. If the dangerous waste number is not listed, the waste description must

include the process which generated the waste;

(b) The waste description must include the waste's physical form (i.e., liquid, solid, sludge, or contained gas);

(c) The estimated or manifest-reported weight, or volume and density, where applicable, of the dangerous waste

must be recorded, using one of the units of measure specified

in Table 1, below; and

TABLE 1

Unit of Measure Code1

Gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G

Gallons per Hour . . . . . . . . . . . . . . . . . . . . . E

Gallons per Day . . . . . . . . . . . . . . . . . . . . . . U

Liters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L

Liters per Hour . . . . . . . . . . . . . . . . . . . . . . H

Liters per Day . . . . . . . . . . . . . . . . . . . . . . . V

Short tons (2000 lbs) . . . . . . . . . . . . . . . . . . T

Short Tons per Hour . . . . . . . . . . . . . . . . . . D

Metric Tons per Hour . . . . . . . . . . . . . . . . . W

Short Tons per Day . . . . . . . . . . . . . . . . . . . N

Metric Tons per Day . . . . . . . . . . . . . . . . . . S

Pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P

Pounds per Hour . . . . . . . . . . . . . . . . . . . . . J

Kilograms . . . . . . . . . . . . . . . . . . . . . . . . . . K

Kilograms per Hour . . . . . . . . . . . . . . . . . . . R
Dangerous Waste Regulations 173-303-380

(6/30/09) [Ch. 173-303 WACóp. 79]

Footnote: 1

Single-digit symbols are used here for data processing purposes.

(d) The method(s) (by handling code(s)) of management

for each dangerous waste received or managed, and the

date(s) of treatment, recycling, storage, or disposal must be

recorded, using the handling code(s) specified in Table 2,

below.

TABLE 2 - Handling Codes for Treatment, Storage, and Disposal Methods

Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of dangerous waste received.

1. Storage

S01 Container (barrel, drum, etc.)

S02 Tank

S03 Waste pile

S04 Surface impoundment

S05 Drip Pad

S06 Containment Building (Storage)

S99 Other storage (specify)

2. Treatment

 (a) Thermal Treatment

T06 Liquid injection incinerator

T07 Rotary kiln incinerator

T08 Fluidized bed incinerator

T09 Multiple hearth incinerator

T10 Infrared furnace incinerator

T11 Molten salt destructor

T12 Pyrolysis

T13 Wet air oxidation

T14 Calcination

T15 Microwave discharge

T18 Other (specify)

 (b) Chemical treatment

T19 Absorption mound

T20 Absorption field

T21 Chemical fixation

T22 Chemical oxidation

T23 Chemical precipitation

T24 Chemical reduction

T25 Chlorination

T26 Chlorinolysis

T27 Cyanide destruction

T28 Degradation

T29 Detoxification

T30 Ion exchange

T31 Neutralization

T32 Ozonation

T33 Photolysis

T34 Other (specify)

 (c) Physical treatment

 (i) Separation of components

T35 Centrifugation

T36 Clarification

T37 Coagulation

T38 Decanting

T39 Encapsulation

T40 Filtration

T41 Flocculation

T42 Flotation

T43 Foaming

T44 Sedimentation

T45 Thickening

T46 Ultrafiltration

T47 Other (specify)

 (ii) Removal of specific components

T48 Absorption-molecular sieve

T49 Activated carbon

T50 Blending

T51 Catalysis

T52 Crystallization

T53 Dialysis

T54 Distillation

T55 Electrodialysis

T56 Electrolysis

T57 Evaporation

T58 High gradient magnetic separation

T59 Leaching

T60 Liquid ion exchange

T61 Liquid-liquid extraction

T62 Reverse osmosis

T63 Solvent recovery

T64 Stripping

T65 Sand filter

T66 Other (specify)

 (d) Biological treatment

T67 Activated sludge

T68 Aerobic lagoon

T69 Aerobic tank

T70 Anaerobic tank

T71 Composting

T72 Septic tank

T73 Spray irrigation

T74 Thickening filter

T75 Trickling filter

T76 Waste stabilization pond

T77 Other (specify)

T78-79 (Reserved)

 (e) Boilers and industrial furnaces

T80 Boiler

T81 Cement kiln

T82 Lime kiln

T83 Aggregate kiln

T84 Phosphate kiln

T85 Coke oven

T86 Blast furnace

T87 Smelting, melting, or refining furnace

T88 Titanium dioxide chloride process oxidation

reactor

T89 Methane reforming furnace

Cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . Y

Cubic meters . . . . . . . . . . . . . . . . . . . . . . . . C

Acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B

Acres-feet . . . . . . . . . . . . . . . . . . . . . . . . . . A

Hectares . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q

Hectare-meter . . . . . . . . . . . . . . . . . . . . . . . F

Btus per Hour . . . . . . . . . . . . . . . . . . . . . . . I

Tons (2000 lbs) . . . . . . . . . . . . . . . . . . . . . . . M

TABLE 1

Unit of Measure Code1
173-303-390 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 80] (6/30/09)

T90 Pulping liquor recovery furnace

T91 Combustion device used in the recovery of

sulfur values from spent sulfuric acid

T92 Halogen acid furnaces

T93 Other industrial furnaces listed in WAC

173-303-040 (specify)

 (f) Other treatment

T94 Containment building (treatment)

3. Disposal

D79 Underground injection

D80 Landfill

D81 Land treatment

D82 Ocean disposal

D83 Surface impoundment

(to be closed as a landfill)

D99 Other disposal (specify)

4. Miscellaneous (Subpart X)

X01 Open burning/open detonation

X02 Mechanical processing

X03 Thermal unit

X04 Geologic repository

X99 Other Subpart X (specify)

(3) Availability, retention and disposition of records.

(a) All facility records, including plans, required by this

chapter must be furnished upon request, and made available

at all reasonable times for inspection, by any officer,

employee, or representative of the department who is designated by the director.

(b) The retention period for all facility records required

under this chapter is extended automatically during the

course of any unresolved enforcement action regarding the

facility or as requested by the director.

(c) A copy of records of waste disposal locations and

quantities under this section must be submitted to the United

States EPA regional administrator, the department, and the

local land use and planning authority upon closure of the

facility.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-380, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-380, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-380, 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), ß 173-303-380, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-380, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-380, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part

271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-

303-380, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 86-12-057 (Order DE-85-10), ß 173-303-380, filed 6/3/86; 84-09-

088 (Order DE 83-36), ß 173-303-380, filed 4/18/84. Statutory Authority:

Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß

173-303-380, filed 2/10/82. Formerly chapter 173-302 WAC.]

173-303-390 WAC 173-303-390 Facility reporting. The owner or

operator of a facility is responsible for preparing and submitting the reports described in this section.

(1) Unmanifested waste reports. If a facility accepts any

dangerous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper

as described in WAC 173-303-370(3) for water (bulk shipment) transporters, and if the waste is not excluded from the

manifest requirements by this chapter, then the owner or

operator must prepare and submit a letter to the department

within fifteen days after receiving the waste. Submit the letter

to the appropriate department of ecology regional office. The

letter is the unmanifested waste report, and must contain the

following information:

(a) The EPA/state identification number, name, and

address of the facility;

(b) The date the facility received the waste;

(c) The EPA/state identification number, name, and

address of the generator and the transporter, if available;

(d) A description and the quantity of each unmanifested

dangerous waste the facility received;

(e) The method of management for each dangerous

waste;

(f) The certification signed by the owner or operator of

the facility or his or her authorized representative; and

(g) A brief explanation of why the waste was unmanifested, if known.

(2) Annual reports. The owner or operator of a facility

that holds an active EPA/state identification number must

prepare and submit a single copy of an annual report to the

department by March 1 of each year. The report form and

instructions in the Dangerous Waste Annual Report (which

may be obtained from the department) must be used for this

report. In addition, any facility which ships dangerous waste

off-site must comply with the annual reporting requirements

of WAC 173-303-220. The annual report must cover facility

activities during the previous calendar year and must include,

but is not limited to the following information:

(a) The EPA/state identification number, name, and

address of the facility;

(b) The calendar year covered by the report;

(c) For off-site facilities, the EPA/state identification

number of each dangerous waste generator from which the

facility received a dangerous waste during the year. For

imported shipments, the report must give the name and

address of the foreign generator;

(d) A description and the quantity of each dangerous

waste the facility received during the year. For off-site facilities, this information must be listed by EPA/state identification number of each generator;

(e) The method of treatment, storage, or disposal for

each dangerous waste;

(f) The most recent closure cost estimate under WAC

173-303-620(3) (or 40 CFR 265.142 for interim status facilities), and for disposal facilities, the most recent post-closure

cost estimate under WAC 173-303-620(5) (or 40 CFR

265.144 for interim status facilities);

(g) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(h) For generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and

toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is

available for the years prior to 1984; and
Dangerous Waste Regulations 173-303-395

(6/30/09) [Ch. 173-303 WACóp. 81]

(i) The certification signed in accordance with the

requirements of WAC 173-303-810(12).

(3) Additional reports. The owner or operator must

report to the department:

(a) Releases of dangerous wastes, fires, and explosions

as specified in WAC 173-303-360 (2)(k);

(b) Interim status ground water monitoring data, as specified in 40 CFR 265.94 (a)(2) and (b)(2);

(c) Facility closures specified in WAC 173-303-610(6);

and

(d) As otherwise required by WAC 173-303-645 through

173-303-665, WAC 173-303-690 through 173-303-692, and

WAC 173-303-400.

The owner or operator must also submit any other

reports (including engineering reports, plans, and specifications) required by the department.

(4) Recordkeeping. The owner/operator of a facility

must keep a copy of all unmanifested waste reports, annual

reports, and any other reports submitted to the department

according to the requirements of this section for a period of

three years from the date the report was submitted. Note that

some records must be kept until closure of the facility as otherwise required under WAC 173-303-380.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-390, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-390, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-390, 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), ß 173-303-390, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-390, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-390, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-390,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

86-12-057 (Order DE-85-10), ß 173-303-390, filed 6/3/86; 84-09-088 (Order

DE 83-36), ß 173-303-390, filed 4/18/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

390, filed 2/10/82.]

173-303-395 WAC 173-303-395 Other general requirements. (1)

Precautions for ignitable, reactive, or incompatible wastes.

(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive

waste. This waste must be separated and protected from

sources of ignition or reaction including, but not limited to,

open flames, smoking, cutting and welding, hot surfaces,

frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is

being handled, the owner or operator must confine smoking

and open flame to specially designated locations. "No smoking" signs must be conspicuously placed wherever there is a

hazard from ignitable or reactive waste.

(b) Where specifically required by other sections of this

chapter 173-303 WAC, the treatment, storage, or disposal of

ignitable or reactive waste, and the mixture or commingling

of incompatible wastes, or incompatible wastes and materials, must be conducted so that it does not:

(i) Generate extreme heat or pressure, fire or explosion,

or violent reaction;

(ii) Produce uncontrolled toxic mists, fumes, dusts, or

gases in sufficient quantities to threaten human health or the

environment;

(iii) Produce uncontrolled flammable fumes or gases in

sufficient quantities to pose a risk of fire or explosions;

(iv) Damage the structural integrity of the facility or

device containing the waste; or

(v) Through other like means, threaten human health or

the environment.

(c) When required to comply with (a) and (b) of this subsection, the owner or operator must document that compliance in the operating record required under WAC 173-303-

380(1). This documentation may be based on references to

published scientific or engineering literature, data from trial

tests, waste analyses, or the results of the treatment of similar

wastes by similar treatment processes and under similar operating conditions.

(d) At least yearly, the owner or operator must inspect

those areas of his facility where ignitable or reactive wastes

are stored. This inspection must be performed in the presence

of a professional person who is familiar with the International

Fire Code, or in the presence of the local, state, or federal fire

marshal. The owner or operator must enter the following

information in his inspection log or operating record as a

result of this inspection:

(i) The date and time of the inspection;

(ii) The name of the professional inspector or fire marshal;

(iii) A notation of the observations made; and

(iv) Any remedial actions which were taken as a result of

the inspection.

(2) Compliance with other environmental protection

laws and regulations. In receiving, storing, handling, treating,

processing, or disposing of dangerous wastes, the

owner/operator must design, maintain and operate his dangerous waste facility in compliance with all applicable federal, state and local laws and regulations (e.g., control of

stormwater or sanitary water discharge, control of volatile air

emissions, etc.).

(3) Reserve.

(4) Loading and unloading areas. TSD facilities which

receive or ship manifested shipments of liquid dangerous

waste for treatment, storage or disposal must provide for and

use an area (or areas) for loading and unloading waste shipments. The loading and unloading area(s) must be designed,

constructed, operated and maintained to:

(a) Contain spills and leaks that might occur during loading or unloading;

(b) Prevent release of dangerous waste or dangerous

waste constituents to ground or surface waters;

(c) Contain wash waters (if any) resulting from the

cleaning of contaminated transport vehicles and load/unload

equipment; and

(d) Allow for removal, as soon as possible, of collected

wastes resulting from spills, leaks and equipment cleaning (if

any) in a manner which assures compliance with (b) of this

subsection.

(5) Storage time limit for impoundments and piles.

(a) Except as provided in (b) or (c) of this subsection,

dangerous waste may not be stored in a surface impoundment

or waste pile for more than five years after the waste was first
173-303-395 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 82] (6/30/09)

placed in the impoundment or pile. For the purposes of this

requirement, the five-year limit, for waste regulated under

this chapter and being stored in impoundments or piles on the

effective date of this requirement, will begin on August 1,

1984. The age of stored wastes must be determined on a

monthly basis.

The owner/operator of a surface impoundment or waste

pile used for storing dangerous waste must develop a written

plan, to be kept at the facility, for complying with the fiveyear storage limit. The plan must describe the operating conditions, waste identification procedures (for keeping track of

the age of the wastes), and a waste removal schedule, and at

a minimum the plan must include the following elements:

(i) Methods for identifying the age of dangerous wastes

placed in the impoundment or pile;

(ii) Where practical, procedures for segregating wastes

of different ages. If the wastes cannot be practically segregated, then the age of all wastes placed in the impoundment

or pile must be deemed the same age as the oldest waste in the

impoundment or pile;

(iii) A schedule for removing dangerous waste from the

impoundment or pile, or for disposing of them in a timely

manner to assure compliance with the five-year limit;

(iv) A description of the actions to be taken according to

the schedule required by (a)(iii) of this subsection;

(v) Procedures for noting in the operating record

required by WAC 173-303-380(1) that the requirements of

this subsection have been satisfied; and

(vi) Such other requirements as the department specifies.

(b) If the owner/operator of a surface impoundment or

waste pile can develop a written plan and schedule for developing and implementing a recycling or treatment process for

the wastes stored in his impoundment or pile, then the department may grant an extension to the storage time limit

required in (a) of this subsection. Such extension will be

granted only once, will only apply to those dangerous wastes

covered by the recycling or treatment plan and which are less

than five years old on the date that the plan is approved by the

department, and will not exceed five years: Provided, That

on a case-by-case basis the department may grant an extension of longer than five years, but in no case will any extension be granted for longer than ten years, if the

owner/operator of the impoundment or pile can demonstrate

to the department's satisfaction that an extension of more than

five years will not pose a threat to public health or the environment, and is necessary because: Other treatment or recycling options of shorter durations are not available; the treatment or recycling plan developed by the owner/operator cannot be implemented within five years due to technological

circumstances; or, such other reasons as are determined

acceptable by the department. Until the department grants the

extension by approving the recycling or treatment plan, the

owner/operator must continue to comply with the requirements of (a) of this subsection. The recycling or treatment

plan and schedule, at a minimum, must:

(i) Specify the wastes which will be recycled or treated

in accordance with the plan;

(ii) Describe in detail the recycling or treatment which

the owner/operator intends to perform. If the recycling or

treatment will involve physical changes to the

owner's/operator's facility, the plan must include descriptions

of all necessary equipment, processes to be used, site plans,

and maps to show any new structures, pipes, channels, waste

handling areas, roads, etc.;

(iii) Discuss any permit actions (including issuance or

modification) necessary under this chapter, and any other

permits which will be required under other federal, state or

local laws;

(iv) Establish a schedule for complying with the plan.

The schedule must, at a minimum, cover:

(A) The rate at which wastes will be recycled or treated

in order to comply with the extension granted by the department;

(B) Construction and equipment installation times as

appropriate;

(C) Timing for complying with all required permit

actions; and

(D) Such other elements as the department might

require;

(v) Describe how the owner/operator will continue to

comply with the requirements of (a) of this subsection for all

wastes not specified in (b)(i) of this subsection;

(vi) Identify any future occurrences or situations which

the owner/operator could reasonably expect to occur and

which might cause him to fail to comply with his recycling or

treatment plan. The owner/operator must also describe what

actions he would take in the event that such occurrences or

situations happen;

(vii) Be approved by the department. The plan may not

be implemented until it is approved by the department including, if necessary, issuance or modification of a facility permit

as required by this chapter. Any extension granted by the

department will begin on the date that the plan is approved, or

the date five years after the effective date of this subsection,

whichever is later; and

(viii) Include any other elements that the department

might require.

(c) The owner/operator of a surface impoundment or

waste pile is exempted from the requirements of (a) and (b) of

this subsection if:

(i) The owner/operator of a surface impoundment or

waste pile can demonstrate to the department's satisfaction

that the impoundment or pile is not used primarily for storage, but that it is primarily used to actively and effectively

neutralize, detoxify, or other wise treat dangerous waste; or

(ii) The owner/operator of a surface impoundment or

waste pile can demonstrate to the department's satisfaction

that dangerous waste is removed on a frequent basis (at least

four times a year) for treatment, recycling or disposal, provided that the amount of waste removed during any five-year

period must equal or exceed the amount of waste placed in

the impoundment or pile during that five-year period. However, this exemption does not apply to waste removal which

is being performed pursuant to a recycling or treatment plan

developed and approved under (b) of this subsection; or

(iii) The owner/operator of a surface impoundment or

waste pile has demonstrated, through his permit, closure plan

or other instrument, that the impoundment or pile is being

operated as a land disposal unit and that it will be closed as a

landfill.

(6) Labeling for containers and tanks. The owner or

operator must label containers and tanks in a manner which
Dangerous Waste Regulations 173-303-400

(6/30/09) [Ch. 173-303 WACóp. 83]

adequately identifies the major risk(s) associated with the

contents for employees, emergency response personnel and

the public (NoteóIf there is already a system in use that performs this function in accordance with local, state or federal

regulations, then such system will be adequate). The owner

or operator must ensure that labels are not obscured,

removed, or otherwise unreadable in the course of inspection

required under WAC 173-303-320. For tanks, the label or

sign must be legible at a distance of at least fifty feet. For containers, the owner or operator must affix labels upon transfer

of dangerous waste from one container to another. The owner

or operator must destroy or otherwise remove labels from the

emptied container, unless the container will continue to be

used for storing dangerous waste at the facility.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-395, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-395, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-395, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß

173-303-395, filed 6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-395,

filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-395, filed 2/10/82.]

173-303-400

WAC 173-303-400 Interim status facility standards.

(1) Purpose. The purpose of WAC 173-303-400 is to establish standards which define the acceptable management of

dangerous waste during the period of interim status and until

certification of final closure or, if the facility is subject to

post-closure requirements, until post-closure responsibilities

are fulfilled.

(2) Applicability.

(a) Except as provided in 40 CFR 265.1080(b), the

interim status standards apply to owners and operators of

facilities that treat, store, transfer, and/or dispose of dangerous waste. For purposes of this section, interim status applies

to all facilities that comply fully with the requirements for

interim status under Section 3005(e) of the Federal Resource

Conservation and Recovery Act or WAC 173-303-805. The

interim status standards also apply to those owners and operators of facilities in existence on November 19, 1980, for

RCRA wastes and those facilities in existence on August 9,

1982, for state only wastes who have failed to provide the

required notification pursuant to WAC 173-303-060 or failed

to file Part A of the permit application pursuant to WAC 173-

303-805 (4) and (5). Interim status will end after final administrative disposition of the Part B permit application is completed, or may be terminated for the causes described in

WAC 173-303-805(8).

(b) Interim status facilities must meet the interim status

standards by November 19, 1980, except that:

(i) Interim status facilities which handle only state designated wastes (that is, not designated by 40 CFR Part 261)

must meet the interim status standards by August 9, 1982;

and

(ii) Interim status facilities must comply with the additional state interim status requirements specified in subsection (3)(c)(ii), (iii) and (v), of this section, by August 9, 1982.

(c) The requirements of the interim status standards do

not apply to:

(i) Persons disposing of dangerous waste subject to a

permit issued under the Marine Protection, Research and

Sanctuaries Act;

(ii) The owner or operator of a facility managing recyclable materials described in WAC 173-303-120 (2), (3), and (5)

(except to the extent that they are referred to in WAC 173-

303-515 or 173-303-505, 173-303-520, 173-303-525, or 40

CFR Part 266 subpart H);

(iii) The owner or operator of a POTW who treats,

stores, or disposes of dangerous wastes, provided that he has

a permit by rule pursuant to the requirements of WAC 173-

303-802(4);

(iv) The owner or operator of a totally enclosed treatment facility or elementary neutralization or wastewater

treatment units as defined in WAC 173-303-040, provided

that he has a permit by rule pursuant to the requirements of

WAC 173-303-802(5);

(v) Generators accumulating waste for less than ninety

days except to the extent WAC 173-303-200 provides otherwise; 

(vi) The addition, by a generator, of absorbent material

to waste in a container, or of waste to absorbent material in a

container, provided that these actions occur at the time the

waste is first placed in containers or, in the case of repackaging of previously containerized waste into new containers, at

the time the waste is first placed into the new containers and

the generator complies with WAC 173-303-200 (1)(b) and

173-303-395 (1)(a) and (b);

(vii) The compaction or sorting, by a generator, of miscellaneous waste forms such as cans, rags, and bottles in a

container, so long as the activity is solely for the purpose of

reducing waste void space, and so long as these activities are

conducted in a manner that protects human health and prevents any release to the environment and the generator complies with WAC 173-303-200 (1)(b) and 173-303-395 (1)(a)

and (b);

(viii) Generators treating dangerous waste on-site in

tanks, containers, or containment buildings that are used for

accumulation of such wastes provided the generator complies

with the WAC 173-303-170(3);

(ix) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in WAC

173-303-040, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001

High TOC Subcategory defined in 40 CFR section 268.40,

Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land

disposal, the owner/operator must comply with the requirements set out in WAC 173-303-395 (1)(a); and

(x) Any person, other than an owner or operator who is

already subject to the final facility standards, who is carrying

out an immediate or emergency response to contain or treat a

discharge or potential discharge of a dangerous waste or hazardous substance.

(xi) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the

wastes listed below. These handlers are subject to regulation

under WAC 173-303-573, when handling the below listed

universal wastes.

(A) Batteries as described in WAC 173-303-573(2);
173-303-400 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 84] (6/30/09)

(B) Mercury-containing equipment as described in WAC

173-303-573(3); and

(C) Lamps as described in WAC 173-303-573(5).

(xii) WAC 173-303-578 identifies when the requirements of this section apply to the storage of military munitions classified as solid waste under WAC 173-303-578(2).

The treatment and disposal of dangerous waste military

munitions are subject to the applicable permitting, procedural, and technical standards in this chapter.

(xiii)(A) Except as provided in (c)(xiii)(B) of this subsection, a person engaged in treatment or containment activities during immediate response to any of the following situations:

(I) A discharge of a dangerous waste;

(II) An imminent and substantial threat of a discharge of

dangerous waste;

(III) A discharge of a material that, when discharged,

becomes a dangerous waste;

(IV) An immediate threat to human health, public safety,

property, or the environment, from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosive or munitions emergency response specialist as defined in WAC 173-

303-040.

(B) An owner or operator of a facility otherwise regulated by WAC 173-303-600 must comply with all applicable

requirements of WAC 173-303-340 and 173-303-350.

(C) Any person who is covered by (c)(xiii)(A) of this

section and who continues or initiates dangerous waste treatment or containment activities after the immediate response

is over is subject to all applicable requirements of this chapter

for those activities.

(D) In the case of an explosives or munitions emergency

response, if a federal, state, tribal or local official acting

within the scope of his or her official responsibilities, or an

explosives or munitions emergency response specialist,

determines that immediate removal of the material or waste is

necessary to protect human health or the environment, that

official or specialist may authorize the removal of the material or waste by transporters who do not have EPA/state identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist's organizational unit must retain records for three years identifying

the dates of the response, the responsible persons responding,

the type and description of material addressed, and its disposition.

(xiv) The owner or operator of a facility that is permitted

to manage solid waste pursuant to chapter 173-350 WAC, if

the only dangerous waste the facility manages is excluded

from regulation under this chapter by WAC 173-303-070(8).

(xv) A farmer disposing of waste pesticides from his

own use provided he complies with WAC 173-303-160

(2)(b).

(3) Standards.

(a) Interim status standards are the standards set forth by

the Environmental Protection Agency in 40 CFR Part 265

Section 265.19 of Subpart B, Subparts F through R, Subpart

W, Subparts AA, BB, CC (including references to 40 CFR

Parts 60, 61, and 63), DD, EE, and Appendix VI, which are

incorporated by reference into this regulation (including, by

reference, any EPA requirements specified in those subparts

which are not otherwise explicitly described in this chapter),

and:

(i) The land disposal restrictions of WAC 173-303-140;

the facility requirements of WAC 173-303-280 through 173-

303-440 except WAC 173-303-335; and the corrective action

requirements of WAC 173-303-646;

(ii) WAC 173-303-630(3), for containers. In addition,

for container storage, the department may require that the

storage area include secondary containment in accordance

with WAC 173-303-630(7), if the department determines that

there is a potential threat to public health or the environment

due to the nature of the wastes being stored, or due to a history of spills or releases from stored containers. Any new

container storage areas constructed or installed after September 30, 1986, must comply with the provisions of WAC 173-

303-630(7).

(iii) WAC 173-303-640 (5)(d), for tanks; and

(iv) WAC 173-303-805.

(b) For purposes of applying the interim status standards

of 40 CFR Part 265 Subparts F through R, Subpart W, and

Subparts AA, BB, CC, DD, and EE to the state of Washington facilities, the federal terms have (and in the case of the

wording used in the financial instruments referenced in Subpart H of Part 265, must be replaced with) the following state

of Washington meanings:

(i) "Regional administrator" means the "department"

except for 40 CFR Parts 270.2; 270.3; 270.5; 270.10

(e)(1),(2) and (4); 270.10 (f) and (g); 270.11 (a)(3); 270.14

(b)(20); 270.32 (b)(2); and 270.51;

(ii) "Hazardous" means "dangerous" except for Subparts

AA, BB, CC, and DD. These subparts apply only to hazardous waste as defined in WAC 173-303-040; 

(iii) "Compliance procedure" has the meaning set forth

in WAC 173-303-040, Definitions;

(iv) "EPA hazardous waste numbers" mean "dangerous

waste numbers."

(c) In addition to the changes described in (b) of this subsection, the following modifications are made to interim status standards of 40 CFR Part 265 Subparts F through R, Subpart W, and Subparts AA, BB, CC, DD, and EE:

(i) The words "the effective date of these regulations"

means:

(A) November 19, 1980, for facilities which manage any

wastes designated by 40 CFR Part 261;

(B) For wastes which become designated by 40 CFR Part

261 subsequent to November 19, 1980, the effective date is

the date on which the wastes become regulated;

(C) March 12, 1982, for facilities which manage wastes

designated only by WAC 173-303-080 through 173-303-100

and not designated by 40 CFR Part 261;

(D) For wastes which become designated only by WAC

173-303-080 through 173-303-100 and not designated by 40

CFR Part 261 subsequent to March 12, 1982, the effective

date is the date on which the wastes become regulated.

(ii) The following sections and any cross-reference to

these sections are not incorporated or adopted by reference:

(A) 40 CFR Parts 260.1 (b)(4)-(6) and 260.20-22.

(B) 40 CFR Parts 264.1 (d) and (f); 265.1 (c)(4);

264.149-150 and 265.149-150; 264.301(k); and 265.430.
Dangerous Waste Regulations 173-303-400

(6/30/09) [Ch. 173-303 WACóp. 85]

(C) 40 CFR Parts 268.5 and 6; 268 Subpart B; 268.42(b);

and 268.44 (a) through (g).

(D) 40 CFR Parts 270.1 (c)(1)(i); 270.60(b); and 270.64.

(E) 40 CFR Parts 124.1 (b)-(e); 124.4; 124.5(e); 124.9;

124.10 (a)(1)(iv); 124.12(e); 124.14(d); 124.15 (b)(2);

124.16; 124.17(b); 124.18; 124.19; and 124.21.

(F) 40 CFR Parts 2.106(b); 2.202(b); 2.205(i); 2.209 (b)-

(c); 2.212-213; and 2.301-311.

(G) 40 CFR 265.110(c), 40 CFR 265.118 (c)(4), 40 CFR

265.121 and 40 CFR 265.1080 (e) and (f).

(iii) Where 40 CFR 265 Subparts F through R, W, DD,

and EE have been incorporated by reference refer to 40 CFR

260.11, data provided under this section must instead meet

the requirements of WAC 173-303-110.

(iv) "Subpart B - general facility standards." References

to "EPA" in 40 CFR 265.19, means the "department." Additionally, references to "administrator" means the "director."

(v) "Subpart F - ground water monitoring."

(A) Section 265.90 (d)(1) is modified by adding the following sentence. "A copy of the plan must be submitted to

the department,"

(B) Section 265.90 (d)(3) is modified by adding the following sentence. "A copy of the plan must be submitted to

the department,"

(C) Section 265.91(c) includes the requirement that:

"Ground water monitoring wells must be designed, constructed, and operated so as to prevent ground water contamination. Chapter 173-160 WAC may be used as guidance in

the installation of wells",

(D) Section 265.93 (d)(2) is modified by adding the following sentence. "A copy of the plan must be submitted to

the department," and

(E) Section 265.93 (d)(5) is modified by adding the following sentence. "A copy of the report must be submitted to

the department within 15 days."

(vi) "Subpart G - closure and post-closure."

(A) The third sentence in section 265.112 (d)(1) is modified to read "The owner or operator must submit the closure

plan to the department at least 45 days prior to the date on

which they expect to begin closure of a tank, container storage, or incinerator unit, or final closure of a facility with only

such units."

(B) The sixth sentence of section 265.112 (d)(1) is modified to read "Owners or operators with approved closure

plans must notify the department in writing at least 45 days

prior to the date on which they expect to begin closure of a

tank, container storage, or incinerator unit, or final closure of

a facility with only such units." The first sentence of section

265.115 is modified to read "Within 60 days of completion of

closure of each dangerous waste management unit (including

tank systems and container storage areas) and within 60 days

of completion of final closure, the owner or operator must

submit to the department, by registered mail, a certification

that the dangerous waste management unit or facility, as

applicable, has been closed in accordance with the specifications in the approved closure plan." In addition, the clean-up

levels for removal or decontamination set forth at WAC 173-

303-610 (2)(b) apply.

(C) Section 265.113 (e)(5) is modified by changing

"annual reports" to "semi-annual reports."

(D) Section 265.115 is modified by changing "qualified

Professional Engineer" to "independent qualified registered

professional engineer."

(E) Section 265.120 is modified by changing "qualified

Professional Engineer" to "independent qualified registered

professional engineer."

(vii) "Subpart H - financial requirements."

(A) An additional sentence that reads: "Any owner or

operator who can provide financial assurances and instruments which satisfy the requirements of WAC 173-303-620

will be deemed to be in compliance with 40 CFR Part 265

Subpart H."

(B) In 40 CFR Parts 265.143(g) and 265.145(g) the following sentence does not apply to the state: "If the facilities

covered by the mechanisms are in more than one Region,

identical evidence of financial assurance must be submitted

to, and maintained with the Regional Administrators of all

such Regions." Instead, the following sentence applies: "If

the facilities covered by the mechanism are in more than one

state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating

hazardous waste or with the appropriate regional administrator if the facility is located in an unauthorized state."

(C) Section 265.143(h) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(D) Section 265.145(h) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(E) Section 265.147(e) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(F) The following sections and any cross-reference to

these sections are not incorporated by reference: 40 CFR

Parts 265.149 and 265.150;

(viii) "Subpart I use and management of containers."

Section 265.174 is modified by replacing the paragraph

with the following. "The owner or operator must inspect

areas where containers are stored, at least weekly, looking for

leaks and for deterioration caused by corrosion or other factors."

(ix) "Subpart J - tank systems."

(A) Section 265.191(a) is modified so that the date by

which an assessment of a tank system's integrity must be

completed is January 12, 1990.

(B) Section 265.191(a) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(C) Section 265.191 (b)(5)(ii) is modified by changing

"qualified Professional Engineer" to "independent qualified

registered professional engineer."

(D) Section 265.192(a) introductory text is modified by

changing "qualified Professional Engineer" to "independent

qualified registered professional engineer."

(E) Section 265.192(b) introductory text is modified by

changing "qualified Professional Engineer" to "independent

qualified registered professional engineer."

(F) Section 265.193(a) is modified so that the dates by

which secondary containment (which meets the requirements

of that section) must be provided are the same as the dates in

WAC 173-303-640 (4)(a).
173-303-400 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 86] (6/30/09)

(G) Section 265.193 (i)(2) is modified by changing

"qualified Professional Engineer" to "independent qualified

registered professional engineer."

(H) Section 265.195(b) is modified by deleting the

words "Except as noted under the paragraph (c) of this section."

(I) Section 265.195 is modified by deleting paragraphs

(c) and (d).

(J) Section 265.196(f) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer" and by adding the following sentence. "A copy of the plan must be submitted to the department within seven days after returning the tank system to

use."

(K) Section 265.201(c) is modified by deleting the words

"Except as noted in paragraph (d) of this section."

(L) Section 265.201 is modified by deleting paragraphs

(d) and (e).

(x) "Subpart K surface impoundments." Section

265.224(a) is modified by adding the following sentence. "A

copy of the plan must be submitted to the department when

submitting the proposed action leakage rate under section

265.222."

(xi) "Subpart L waste piles." Section 265.259(a) is modified by adding the following sentence. "A copy of the

response action plan must be submitted to the department

when submitting the proposed action leakage rate under section 265.255."

(xii) "Subpart M land treatment."

(A) Section 265.273(b) is modified by replacing the

words "Part 261, Subpart D of this chapter" with "WAC 173-

303-080";

(B) Section 265.280(e) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(xiii) "Subpart N - landfills."

(A) An additional sentence reads: "An owner/operator

must not landfill an organic/carbonaceous waste or an EHW,

as defined by WAC 173-303-080 through 173-303-100,

except at the EHW facility at Hanford" as allowed under

WAC 173-303-700 or as allowed under WAC 173-303-

140(4).

(B) Section 265.303(a). "A copy of the response action

plan must be submitted to the department when submitting

the proposed action leakage rate under section 265.302."

(xiv) "Subpart O incinerators."

(xv) "Subpart P thermal treatment."

(xvi) "Subpart Q chemical, physical and biological treatment."

(xvii) "Subpart R - underground injection." An additional sentence reads: "Owners and operators of wells are

prohibited from disposing of EHW or an organic carcinogen

designated under WAC 173-303-080 through 173-303-100."

(xviii) "Subpart W drip pads."

(A) Section 265.441(a) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(B) Section 265.441(b) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(C) Section 265.441(c) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(D) Section 265.443 (a)(4)(ii) is modified by changing

"qualified Professional Engineer" to "independent qualified

registered professional engineer."

(E) Section 265.443(g) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(F) 265.444(a) is modified by changing "qualified Professional Engineer" to "independent qualified registered professional engineer."

(xix) "Subpart AA air emission standards for process

vents."

(xx) "Subpart BB air emission standards for equipment

leaks."

(A) Section 265.1061 is modified by adding (d) "If an

owner or operator decides no longer to comply with this section, the owner or operator must notify the department in

writing that the work practice standard described in 265.1057

(a) through (e) will be followed."

(B) Section 265.1061(b) is modified by adding (b)(3)

"An owner or operator must notify the department that the

owner or operator has elected to comply with the requirements of this section."

(C) Section 265.1062(a) is modified by adding the sentence "An owner or operator must notify the department

before implementing one of the alternative work practices."

(xxi) "Subpart CC air emission standards for tanks, surface impoundments, and containers."

(xxii) "Subpart DD containment buildings."

(A) Section 265.1101 (c)(2) is modified by changing

"qualified Professional Engineer" to "independent qualified

registered professional engineer."

(B) Section 265.1101 (c)(4) is modified by deleting the

words "except for Performance Track member facilities, that

must inspect up to once each month, upon approval of the

director" and deleting the last sentence of the paragraph.

(xxiii) "Subpart EE - hazardous waste munitions and

explosives storage."

The first sentence at 40 CFR 265.1202 is modified to

exclude the exception for hazardous wastes managed under

261.3(d).

(4) The requirements of this section apply to owners or

operators of all facilities that treat, store or dispose of hazardous waste referred to in 40 CFR Part 268, and the 40 CFR

Part 268 standards are considered material conditions or

requirements of the interim status standards incorporated by

reference in subsection (3) of this section.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-400, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-400, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-400, 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), ß 173-303-400, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-400, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-400, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-400, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-400,
Dangerous Waste Regulations 173-303-500

(6/30/09) [Ch. 173-303 WACóp. 87]

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-400, filed 1/4/89; 88-02-057 (Order DE

83-36), ß 173-303-400, filed 1/5/88, effective 2/5/88; 87-14-029 (Order DE87-4), ß 173-303-400, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-

303-400, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-400, filed

4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-400, filed 2/10/82.]

173-303-430 WAC 173-303-430 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 88-07-039 (Order 87-37), ß

173-303-430, filed 3/11/88; 84-09-088 (Order DE 83-36), ß 173-303-430,

filed 4/18/84.]

173-303-440 WAC 173-303-440 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 88-07-039 (Order 87-37), ß

173-303-440, filed 3/11/88; 84-09-088 (Order DE 83-36), ß 173-303-440,

filed 4/18/84.]

173-303-500 WAC 173-303-500 Recycling requirements for stateonly dangerous waste. (1) Applicability. This section

applies to the recycling of state-only dangerous waste that are

not regulated as hazardous wastes (defined in WAC 173-303-

040) by EPA. (Also, see WAC 173-303-120 (3) and (5).)

(2) Standards.

(a) If state-only dangerous wastes are recycled in any of

the ways described in WAC 173-303-505 through 173-303-

525, then such recycling is subject to the respective requirements of WAC 173-303-505 through 173-303-525, except as

provided in (c) of this subsection.

(b) If state-only dangerous wastes are recycled in any

way not specifically described in WAC 173-303-505 through

173-303-525, then such recycling is subject to the requirements of WAC 173-303-120(4), except as provided in (c) of

this subsection.

(c) Recyclers who receive state-only dangerous wastes

from offsite and who store the wastes in containers or tanks

may, in lieu of the provisions for storing dangerous wastes

prior to recycling, comply with:

(i) WAC 173-303-060;

(ii) WAC 173-303-370 (if the dangerous waste received

must be accompanied by a manifest); and

(iii) The following requirements, provided that the dangerous waste is recycled within ninety days of the date it is

received by the recycler:

(A) WAC 173-303-330 through 173-303-360;

(B) WAC 173-303-630 (2), (3), (4), (5), (6), (8) and (9),

for containers;

(C) WAC 173-303-640 (3), (4), (5), (6) and (7), for

tanks; and

(D) WAC 173-303-630(7) for new container areas

installed after September 30, 1986, and WAC 173-303-

640(2) for new tanks installed after September 30, 1986.

(d) The department may require a recycler who is storing

his waste under the provisions of (c) of this subsection to

comply with the provisions for storing dangerous waste prior

to recycling specified in WAC 173-303-505 through 173-

303-525 and 173-303-120(4) if:

(i) The recycler fails to comply with the requirements of

(c) of this subsection; or

(ii) The department determines, on a case-by-case basis,

that the requirements of (c) of this subsection do not adequately protect public health or the environment.

(3) Relief from standards. The owner/operator of a facility recycling dangerous wastes under the provisions of this

section may ask the department to provide relief from any of

the applicable requirements of this section. Requests for

relief must be submitted as described in (a) of this subsection.

Requests for relief will be approved or denied as described in

(b) of this subsection.

(a) A request for relief must be submitted by the recycler

to the department in writing and must describe the standards

from which the recycler is seeking relief. The request must

include:

(i) The facility name, EPA/state identification number,

address, telephone number, and a contact person at the facility;

(ii) The waste(s) managed at the facility and the type(s)

recycling;

(iii) The specific standards from which the

owner/operator seeks relief;

(iv) A description, for each standard, demonstrating:

(A) Why the owner/operator believes the standard to be

unnecessary;

(B) How public health and the environment will continue

to be protected if the standard is not applied to the facility;

and

(C) Any evidence supporting the contention that public

health and the environment will be adequately protected if

the standard is not applied (e.g., test data, diagrams, experiences at similar facilities, records, reports, etc.); and

(v) The following certification, signed and dated by a

person who would be authorized to sign a report under WAC

173-303-810 (12)(b):

"I certify under penalty of law that I have personally

examined and am familiar with the information submitted in

this request and all attachments and that, based on my inquiry

of those individuals immediately responsible for obtaining

the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

The department may ask for any additional information

it deems necessary, and will not consider approval of the

owner's/operator's request until all necessary information has

been submitted. Failure to provide any of the information

required may result in the department's denying the

owner's/operator's request.

(b) The department will review any requests submitted

pursuant to (a) of this subsection, and based on the adequacy

of the information provided in the request will approve or

deny all or any part of the request. The department will notify

the recycler of its decision in writing. If the department

decides to approve all or part of the request and the recycler

agrees with the department's decision, then the department

will proceed to grant the approval as described below. No

approval will be effective until the procedures described

below have been completed.

(i) For facilities which are required to have a final facility permit, the department will follow the procedures for issuing (or, for facilities which already have a final facility permit, the procedures for modifying) a final facility permit, as

described in WAC 173-303-806. The new or modified final
173-303-505 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 88] (6/30/09)

facility permit will include the standards the owner/operator

must meet.

(ii) For all other types of recycling facilities, the department will issue a notice of modification stating what standards will be applied. Before issuing the notice of modification, the department will provide public notice of its intent,

will allow thirty days for public comment, and will hold a

public hearing if there is a significant degree of public interest or there is written notice of opposition and the department

receives a request for a hearing during the comment period.

Notice of a public hearing will be provided at least fifteen

days in advance, and the public comment period will be

extended to include the date of the hearing if it will occur

after the initial thirty-day comment period. Within fifteen

days of the end of the public comment period the department

will, based on comments received, issue, modify and issue, or

deny the notice of modification.

(c) Failure to comply with the conditions and standards

as stated in the permit or notice of modification issued under

(b) of this subsection will form a basis for modifying or

revoking the permit or notice of modification.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049

(Order 02-03), ß 173-303-500, filed 3/13/03, effective 4/13/03; 95-22-008

(Order 94-30), ß 173-303-500, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-500,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

86-12-057 (Order DE-85-10), ß 173-303-500, filed 6/3/86; 84-14-031 (Order

DE 84-22), ß 173-303-500, filed 6/27/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

500, filed 2/10/82.]

173-303-505

WAC 173-303-505 Special requirements for recyclable materials used in a manner constituting disposal. (1)

Applicability. (Also, see WAC 173-303-120(3).)

(a) This section applies to recyclable materials that are

applied to or placed on the land:

(i) Without mixing with any other substance(s); or

(ii) After mixing or combining with any other substance(s). These materials will be referred to as "materials

used in a manner that constitutes disposal."

(b)(i) Products produced for the general public's use that

are used in a manner that constitutes disposal and that contain

recyclable materials are not presently subject to regulation if

the recyclable materials have undergone a chemical reaction

in the course of producing the product so as to become inseparable by physical means and if such products meet the applicable treatment standards in 40 CFR Part 268 Subpart D (or

applicable prohibition levels in 268.32 or RCRA section

3004(d), where no treatment standards have been established) for each recyclable material (i.e., hazardous waste)

that they contain.

(ii) Antiskid/deicing uses of slags, which are generated

from high temperature metals recovery (HTMR) processing

of dangerous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in (b)(i)

of this subsection and remain subject to regulation.

(iii) Fertilizers that contain recyclable materials are not

subject to regulation provided that:

(A) They are zinc fertilizers excluded according to WAC

173-303-071 (3)(pp); or

(B) They meet the applicable treatment standards in subpart D of Part 268, which is incorporated by reference at

WAC 173-303-140 (2)(a) for each hazardous waste that they

contain.

(Note: Fertilizers that contain recyclable material

derived from state-only waste must also meet the treatment

standards in WAC 173-303-140 (2)(a) that apply to the characteristics of dangerous waste that the state-only waste exhibits.)

(iv) The department may recommend registration under

chapter 15.54 RCW for a waste-derived fertilizer (including

fertilizers that contain recyclable material) or micronutrient

fertilizer: Provided, That the registrant submits the information described in (b)(iv)(A) or (B) of this subsection. However, the information requirements in (b)(v)(A) of this subsection may not be required if: The registrant provides documentation that the fertilizer has been previously registered in

Washington state two or more times using the information in

(b)(v)(A) of this subsection, and the source materials used to

manufacture the product have not changed.

(A) Initial criteria.

(I) The applicable Land Disposal Restriction (LDR) Certification as described in 40 CFR Part 268, or toxicity characteristic leaching procedure (TCLP) data that indicate the

product contains less than the maximum concentrations for

TCLP metals described in WAC 173-303-090(8); and

(II) Total Halogenated Organic Compounds (HOC) test

data that indicate the product contains less than 1% total

HOC.

(B) Secondary criteria.

(I) A complete description of the fertilizer manufacturing process, including the location of the manufacturing facility; and

(II) A complete list of all ingredients used in manufacturing the fertilizer and a complete description of the sources of

those ingredients, including a description of the original process and location for each of those ingredients; and

(III) Evidence that any waste(s) used in manufacturing

the product does not designate as dangerous waste according

to procedures described in WAC 173-303-070; and

(IV) Other information as required by the department.

(2) Recyclable materials used in a manner that constitutes disposal are dangerous wastes and are subject to the following requirements:

(a) For generators, WAC 173-303-170 through 173-303-

230;

(b) For transporters, WAC 173-303-240 through 173-

303-270; and

(c) For facilities that store or use dangerous wastes in a

manner constituting disposal, the applicable requirements of

40 CFR Part 268 (incorporated by reference in WAC 173-

303-140 (2)(a)) and 173-303-280 through 173-303-840

(except that users of such products are not subject to these

standards if the products meet the requirements of subsection

(1)(b) of this section).

(d) The use of waste oil, used oil, or other material that is

contaminated with dioxin or any other dangerous waste for

dust suppression or road treatment is prohibited.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-505, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW
Dangerous Waste Regulations 173-303-510

(6/30/09) [Ch. 173-303 WACóp. 89]

70.105.007. 04-24-065 (Order 03-10), ß 173-303-505, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-505, 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), ß 173-303-505, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-505, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-505, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-505, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-

505, filed 1/4/89; 86-12-057 (Order DE-85-10), ß 173-303-505, filed 6/3/86;

84-09-088 (Order DE 83-36), ß 173-303-505, filed 4/18/84.]

173-303-506 WAC 173-303-506 Special requirements for the

recycling of spent CFC or HCFC refrigerants. (1) Applicability. (Also, see WAC 173-303-120(3).)

(a) This section applies to spent chlorofluorocarbon

(CFC) and hydrochlorofluorocarbon (HCFC) refrigerants

that are reclaimed or recycled. Refrigerants eligible for these

special requirements are those CFCs and HCFCs that were

used as heat transfer material in a refrigeration cycle in totally

enclosed heat transfer equipment and are subsequently

reclaimed or recycled.

(b) Persons who generate, transport, or store spent CFC

or HCFC refrigerants prior to reclamation or recycling and

facilities that reclaim or recycle spent CFC or HCFC refrigerants are subject to the requirements of this section, and WAC

173-303-050, 173-303-145, and 173-303-960. Spent CFC or

HCFC refrigerants that are not reclaimed or recycled are subject to all the applicable requirements of chapter 173-303

WAC. Any discharge of spent CFCs or HCFCs to the environment constitutes disposal and is subject to full regulation

under chapter 173-303 WAC.

(2) Generator requirements.

(a) Persons who reclaim or recycle their spent CFC or

HCFC refrigerants, either on-site or send their wastes off-site

to be reclaimed or recycled, must keep records for a period of

at least five years from the date of reclamation/recycling to

document:

(i) The date of shipment (if sent off-site);

(ii) The quantity (by weight) reclaimed/recycled per

shipment (when sent off-site) or batch (when recycled onsite);

(iii) The percentage of the total amount of CFC or HCFC

wastes reclaimed/recycled per shipment or batch (and the

manner of disposal for the remaining CFCs or HCFCs); and

(iv) The dates of reclamation/recycling.

(b) For CFCs or HCFCs sent off-site, the generator must

obtain a signed document from the reclamation facility certifying the information in (a) of this subsection.

(3) Reclamation facility requirements.

(a) Facilities that reclaim or recycle CFC or HCFC

refrigerants must comply with all the requirements of WAC

173-303-500 (except for WAC 173-303-500 (2)(c)(ii)). The

applicable provisions of the following sections will also

apply:

(i) WAC 173-303-280(2), General requirements for dangerous waste management facilities, imminent hazard;

(ii) WAC 173-303-283, Performance standards;

(iii) WAC 173-303-290 (1) and (2), Required notices;

(iv) WAC 173-303-380, Facility recordkeeping; except

for WAC 173-303-380 (1)(c), (e), and (h);

(v) WAC 173-303-390(3), Facility reporting;

(vi) WAC 173-303-630(10), Use and management of

containers;

(vii) WAC 173-303-640 (1), (2), (8), and (10), Tank systems.

(b) The reclamation facility must supply generators with

a signed document certifying the information in subsection

(2)(a) of this section.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-506, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 173-303-506, filed 3/13/03, effective 4/13/03; 95-22-008

(Order 94-30), ß 173-303-506, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 93-02-050 (Order 92-32), ß 173-303-506,

filed 1/5/93, effective 2/5/93.]

173-303-510 WAC 173-303-510 Special requirements for dangerous wastes burned for energy recovery. (1) Applicability.

(Also, see WAC 173-303-120(3).)

(a) This section applies to generators, marketers, transporters, blenders, and burners of dangerous waste fuels that

are to be burned for energy recovery in any boiler or industrial furnace that is not regulated under Subpart O of 40 CFR

Part 265 or WAC 173-303-670, except as provided by (b) of

this subsection. These regulations do not apply to gas recovered from dangerous waste management activities when such

gas is burned for energy recovery. Note: (This note is a

reminder that all generators, transporters, and burners of federally regulated hazardous waste fuels that are to be burned

for energy recovery, and all storage facility owners and operators of facilities that store dangerous waste that is burned in

a boiler or industrial furnace must comply with the requirements of 40 CFR Part 266 Subpart H.) In addition, the following are incorporated by reference for boilers and industrial furnaces that burn hazardous waste: 40 CFR 266.100

(b)(1), 266.100 (b)(2), 266.100 (b)(3), 266.100 (d)(1),

266.100 (d)(3) intro, and 266.100(h)).

(b) The following dangerous wastes are not subject to

regulation under this section:

(i) Used oil burned for energy recovery if it is a dangerous waste because it:

(A) Exhibits a characteristic of dangerous waste identified in WAC 173-303-090; or

(B) Is designated as DW only (and not EHW) through

the criteria of WAC 173-303-100.

Such used oil is subject to regulation under WAC 173-

303-515 rather than this section.

Note: Used oil burned for energy recovery containing a

listed waste or a waste designated as EHW through the criteria of WAC 173-303-100 (6)(b) and (c) is subject to this section.

(ii) (Reserved.)

(2) Definitions. Any terms used in this section that are

not defined below have the meanings provided in WAC 173-

303-040. For the purposes of this section, the following terms

have the described meanings:

(a) "Dangerous waste fuel" means dangerous waste

burned or to be burned for energy recovery. Fuel produced

from dangerous waste by processing, blending, or other treatment is also dangerous waste fuel.

(b) "Distributor" means persons who distribute but do

not process or blend dangerous waste fuel. Distributors may
173-303-510 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 90] (6/30/09)

broker fuel by arranging for the final disposition of the fuel.

Distributors are regulated under subsection (6) of this section.

(c) "Blender" means persons who produce, process, or

blend fuel from dangerous wastes. Blenders are regulated

under subsection (7) of this section.

(d) "Marketer" means persons who are:

(i) Generators who market dangerous waste fuel directly

to a burner. Generators are regulated under subsection (4) of

this section;

(ii) Distributors, regulated under subsection (6) of this

section;

(iii) Blenders, regulated under subsection (7) of this section.

(3) Prohibitions.

(a) A person may market dangerous waste fuel only:

(i) To persons, in state, who have notified the department

of their dangerous waste fuel activities under WAC 173-303-

060 and have an EPA/state identification number or to outof-state marketers or burners who have notified the EPA or

authorized state agency and who have an EPA/state identification number; and

(ii) When marketed to a burner, to persons who burn the

fuel in boilers or industrial furnaces identified in (b) of this

subsection.

(b) Dangerous waste fuel may be burned for energy

recovery in the following devices only;

(i) Industrial furnaces identified in WAC 173-303-040;

(ii) Boilers, as defined in WAC 173-303-040, that are

identified as follows:

(A) Industrial boilers located on the site of a facility

engaged in a manufacturing process where substances are

transformed into new products, including the component

parts of products, by mechanical or chemical processes; or

(B) Utility boilers used to produce electric power, steam,

or heated or cooled air or other gases or fluids for sale.

(c) No fuel which contains any dangerous waste may be

burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population

greater than five hundred thousand (based on the most recent

census statistics) unless such kiln fully complies with regulations under this chapter that are applicable to incinerators.

(4) Standards applicable to generators of dangerous

waste fuel.

(a) All generators of dangerous waste that is used as a

fuel or used to produce a fuel are subject to WAC 173-303-

170 through 173-303-230.

(b) Generators who are marketers. Generators are marketers if they send their waste fuel directly to a burner. Generators who are marketers must:

(i) Prohibitions. Comply with the prohibitions under subsection (3) of this subsection.

(ii) Notification. Comply with the notification requirements under WAC 173-303-060 for dangerous waste fuel

activities. Generators who have previously notified the

department of their dangerous waste management activities

and obtained an EPA/state identification number, must renotify to identify their dangerous waste fuel activities.

(iii) Accumulation. Comply with accumulation requirements of WAC 173-303-200 or 173-303-201.

(iv) Storage. For generators who have interim or final

status and exceed the accumulation time frames referenced in

(b)(iii) of this subsection, comply with the storage provisions

of:

(A) WAC 173-303-280 through 173-303-395; and

(B) WAC 173-303-800 through 173-303-840; and

(C) WAC 173-303-400 for interim status facilities or

WAC 173-303-600 through 173-303-692 for final status

facilities.

(v) Required notice. Obtain, prior to initiating the first

shipment of dangerous waste fuel, a one time written and

signed certification notice from the burner certifying that:

(A) The burner has notified as described under subsection (3) of this subsection; and

(B) The burner will burn the dangerous waste fuel only

in an industrial furnace or boiler identified in subsection

(3)(b) of this subsection.

(vi) Recordkeeping. Keep a copy of each certification

notice received for at least five years from the date of the last

dangerous waste fuel shipment to the burner who sent such

notice.

(c) Generators who are burners also are subject to subsection (8) of this section.

(5) Standards applicable to transporters of dangerous

waste fuel. Transporters of dangerous waste fuel (and dangerous waste that is used to produce a fuel) are subject to the

requirements of WAC 173-303-240 through 173-303-270.

(6) Standards applicable to distributors of dangerous

waste fuel.

(a) Prohibitions. The prohibitions under subsection (3) of

this section;

(b) Notification. Notification requirements under WAC

173-303-060 for dangerous waste fuel activities. Distributors

who have previously notified the department of their dangerous waste management activities and obtained an EPA/state

identification number, must renotify to identify their dangerous waste fuel activities.

(c) Storage. Distributors who store dangerous waste

fuels must comply with the applicable storage provisions of:

(i) WAC 173-303-280 through 173-303-395; and

(ii) WAC 173-303-800 through 173-303-840; and

(iii) WAC 173-303-400 for interim status facilities or

WAC 173-303-600 through 173-303-692 for final status

facilities;

(iv) The standards for generators in WAC 173-303-170

through 173-303-230.

(d) Off-site shipment. A distributor must meet the standards for generators in WAC 173-303-170 through 173-303-

230 when the distributor initiates a shipment of dangerous

waste fuel. Except that a distributor may not accumulate dangerous waste fuels under the accumulation provisions of

WAC 173-303-200 or 173-303-201;

(e) Required notices.

(i) Before initiating the first shipment of dangerous

waste fuel to another distributor, a blender, or a burner, a distributor must obtain a one-time written and signed certification notice from the distributor, blender, or burner certifying

that:

(A) The burner, distributor, or blender has notified as

described under subsection (3) of this section; and

(B) If the recipient is a burner, the burner will burn the

dangerous waste fuel only in an industrial furnace or boiler

identified in subsection (3)(b) of this section.
Dangerous Waste Regulations 173-303-510

(6/30/09) [Ch. 173-303 WACóp. 91]

(ii) Before accepting the first shipment of dangerous

waste fuel from another distributor or blender, the distributor

must provide the other distributor or blender with a one-time

written and signed certification that the distributor has complied with the notification requirements described in subsection (3) of this section; and

(f) Recordkeeping. A distributor must keep a copy of

each certification notice received or sent for at least five years

from the date the distributor last engaged in a dangerous

waste fuel marketing transaction with the person who sent or

received the certification notice.

(7) Standards applicable to blenders of dangerous waste

fuels.

(a) Prohibitions. The prohibitions under subsection (3) of

this section.

(b) Notification. Notification requirements under WAC

173-303-060 for dangerous waste fuel activities. Blenders

who have previously notified the department of their dangerous waste management activities and obtained an EPA/state

identification number, must renotify to identify their dangerous waste fuel activities.

(c) Facility. For tanks, containers, or other units used to

hold dangerous waste prior to blending or processing; for

blending or processing tanks, containers, or other units; and

for tanks, containers, or other units, used to hold blended or

processed fuel, blenders must comply with the applicable

provisions of:

(i) WAC 173-303-280 through 173-303-395; and

(ii) WAC 173-303-800 through 173-303-840; and

(iii) WAC 173-303-400 for interim status facilities or

WAC 173-303-600 through 173-303-692 for final status

facilities;

(d) Off-site shipment. The standards for generators in

WAC 173-303-170 through 173-303-230 when a blender initiates a shipment of dangerous waste fuel, except that a

blender may not accumulate dangerous waste fuels under the

accumulation provisions of WAC 173-303-200 or 173-303-

201;

(e) Required notices.

(i) Before initiating the first shipment of dangerous

waste fuel to another blender, a distributor, or a burner, a

blender must obtain a one-time written and signed certification notice from the blender, distributor, or burner certifying

that:

(A) The burner, distributor, or blender has notified as

described under subsection (3) of this section; and

(B) If the recipient is a burner, the burner will burn the

dangerous waste fuel only in an industrial furnace or boiler

identified in subsection (3)(b) of this section.

(ii) Before accepting the first shipment of dangerous

waste fuel from another blender or distributor, the blender

must provide the other blender or distributor with a one-time

written and signed certification that the blender has complied

with the notification requirements described in subsection (3)

of this section; and

(f) Recordkeeping. A blender must keep a copy of each

certification notice received or sent for at least five years

from the date the blender last engaged in a dangerous waste

fuel marketing transaction with the person who sent or

received the certification notice.

(8) Standards applicable to burners of dangerous waste

fuel.

Owners and operators of industrial furnaces and boilers

identified in subsection (3)(b) of this section must comply

with:

(a) Prohibitions. The prohibitions under subsection (3) of

this section;

(b) Notification. Notification requirements under WAC

173-303-060 for dangerous waste fuel activities. A burner

who has previously notified the department of dangerous

waste management activities and obtained an EPA/state

identification number, must renotify to identify the dangerous waste fuel activities;

(c) Storage.

(i) For short term accumulation by generators who burn

their dangerous waste fuel on-site, the applicable provisions

of WAC 173-303-200 or 173-303-201.

(ii) For all burners who store dangerous waste fuel, the

applicable storage provisions of:

(A) WAC 173-303-280 through 173-303-395;

(B) WAC 173-303-800 through 173-303-840; and

(C) WAC 173-303-400 for interim status facilities or

WAC 173-303-600 through 173-303-692 for final status

facilities (the air emission requirements do not apply to burners that meet the small quantity burner exemption at 40 CFR

266.101);

(d) Required notices. Before a burner accepts the first

shipment of dangerous waste fuel from a distributor, or a

blender, or a generator the burner must provide the distributor, or the blender, or the generator a one-time written and

signed notice certifying that:

(i) The burner has notified as described under subsection

(3) of this section; and

(ii) The dangerous waste fuel will only be burned in an

industrial furnace or boiler identified in subsection (3)(b) of

this section.

(e) Recordkeeping. In addition to the applicable recordkeeping requirements of WAC 173-303-380, a burner must

keep a copy of each certification notice sent for at least five

years from the date the burner last receives dangerous waste

fuel from the person who received the certification notice.

(f) Local requirements. Any person who burns dangerous waste for energy recovery must comply with air emission

requirements of the local air pollution control authority (or

department of ecology if no local authority with jurisdiction

exists).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-510, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-510, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-510, 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), ß 173-303-510, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-510, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-510, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-510,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

88-18-083 (Order 88-29), ß 173-303-510, filed 9/6/88; 88-07-039 (Order 87-

37), ß 173-303-510, filed 3/11/88; 86-12-057 (Order DE-85-10), ß 173-303-

510, filed 6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-510, filed
173-303-515 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 92] (6/30/09)

6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-510, filed 2/10/82.]

173-303-515 WAC 173-303-515 Standards for the management of

used oil. (1) Purpose. The purpose of this section is to provide used oil management standards for generators, transporters, collection centers, aggregation points, transfer facilities, processors, and re-refiners, burners, and marketers of

used oil.

(2) Definitions. In addition to the terms used in this

chapter, the definitions of 40 CFR Part 279 are incorporated

by reference when managing used oil under this section. The

term "hazardous waste" used in 40 CFR Part 279 means "dangerous waste" as defined in WAC 173-303-040.

(3) Applicability. This section identifies those materials

subject to regulation as used oil. For the purpose of this section, the applicability statements of 40 CFR Part 279.10 are

incorporated by reference, except 40 CFR Part 279.10 (b)(2)

and (3), and as modified below. In addition, the test methods

at WAC 173-303-110(3) must be used.

Materials containing or otherwise contaminated with or

derived from used oil: The term "materials" used in 40 CFR

Part 279.10 does not include dangerous waste.

(4) Used oil specifications. For the purpose of managing materials under this section, 40 CFR Part 279.11 and 40

CFR Part 261.3 (a)(2)(v) (rebuttable presumption) are incorporated by reference except that the test methods at WAC

173-303-110(3) must be used.

The table is included below for the reader's convenience.

Table 1óUsed Oil Exceeding any Specification Level is 

Subject to this Section When Burned for Energy Recovery

Note: Applicable standards for the burning of used oil containing

PCBs are imposed by 40 CFR 761.20(e).

\1\ Used oil containing more than 1,000 ppm total halogens is

presumed to be a dangerous waste under the rebuttable presumption provided under 40 CFR 279.10(b)(1). Such used

oil is subject to 40 CFR Subpart H of Part 266 rather than

this section when burned for energy recovery unless the

presumption of mixing can be successfully rebutted.

(5) Prohibitions. The prohibitions of 40 CFR Part

279.12 are incorporated by reference. The prohibitions for

managing materials under this section include those listed in

40 CFR Part 279.12 and the following:

(a) Materials designating as EHW or WPCB cannot be

managed under this section when burned for energy recovery.

Note: Materials managed under this section containing 2

ppm or greater PCBs are subject to applicable requirements

of 40 CFR Part 761.20(e).

(b) Metal working fluids that are formulated with chlorinated compounds such as chlorinated paraffins or chlorinated

alkene polymers cannot be managed under this section when

burned for energy recovery.

(c) Ethylene glycol based fluids cannot be managed

under this section. These fluids are subject to section WAC

173-303-522 when recycled.

(d) The use of used oil or other materials managed under

this section as a dust suppressant is prohibited.

(e) Materials to be managed under this section are prohibited from being mixed with any dangerous waste. If any

material managed under this section is mixed with dangerous

waste, the resultant mixture is dangerous waste and must be

managed as such.

(6) Standards for used oil generators. This subsection

applies to all used oil generators and persons managing materials under this section. The standards for used oil generators

of 40 CFR Parts 279.20 through 279.24 are incorporated by

reference except 40 CFR Part 279.21. Used oil generators

and persons managing materials under this subsection are

subject to the federal regulations listed above and the following:

(a) Storage requirements for containers and tanks.

(i) Containers must be closed at all times, except when

adding or removing materials managed under this section.

(ii) Containers and tanks must not be opened, handled,

managed or stored in a manner that may cause the container

or tank to leak or rupture.

(b) Secondary containment requirements for storage of

material managed under this section in tanks and containers.

The department may require secondary containment, on

a case-by-case basis, in accordance with some or all of the

requirements in WAC 173-303-630(7) and 173-303-640(4) if

the department determines that a potential for spills and discharges, mismanagement, or other factors pose a threat to

human health or the environment.

(c) Self-transport to approved collection centers. In addition to 40 CFR Part 279.24(a), generators may self-transport

quantities greater than 55 gallons to a used oil collection center: Provided, That the owner/operator of the center records

the name, address, telephone number, date of delivery and

quantity of used oil being delivered to the site by the generator.

(7) Standards for used oil collection centers and

aggregation points. For the purpose of managing materials

under this section, 40 CFR Parts 279.30 through 279.32 are

incorporated by reference. The standards for used oil collection centers under this subsection are those federal regulations listed above and the following modifications:

In addition to the requirements of 40 CFR Part 279.31,

the owner or operator of a used oil collection center may

accept greater than 55 gallons of used oil from generators:

Provided, That:

(a) The requirements for a used oil transfer facility (40

CFR Parts 279.40 through 279.47) are complied with while

that used oil is on site; and

(b) The owner/operator of the collection center records

the name, address, telephone number, date of delivery and

quantity of used oil being delivered to the site by the generator of the used oil; and

(c) Such records are kept on site for a period of three

years.

(8) Standards for used oil transporters and transfer

facilities. For the purpose of managing materials under this

section, 40 CFR Parts 279.40 through 279.47 are incorpo-

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Constituent/property Allowable level

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Arsenic 5 ppm maximum

Cadmium 2 ppm maximum

Chromium 10 ppm maximum

Lead 100 ppm maximum

Flash point 100° F minimum

Total halogens 4,000 ppm maximum\1\
Dangerous Waste Regulations 173-303-515

(6/30/09) [Ch. 173-303 WACóp. 93]

rated by reference except that the test methods at WAC 173-

303-110(3) must be used. The standards for used oil transfer

facilities under this subsection are those federal regulations

listed above and the following modifications:

Additional reports. Upon determination by the department that the storage of used oil in tanks and/or containers

poses a threat to public health or the environment, the department may require the owner/operator to provide additional

information regarding the integrity of structures and equipment used to store used oil. This authority applies to tanks

and secondary containment systems used to store used oil in

tanks and containers. The department's determination of a

threat to public health or the environment may be based upon

observations of factors that would contribute to spills or

releases of used oil or the generation of hazardous by-products (e.g., hydrogen sulfide gas). Those observations may

include, but are not limited to, leaks, severe corrosion, structural defects or deterioration (cracks, gaps, separation of

joints), inability to completely inspect tanks or structures, or

concerns about the age or design specification of tanks.

(a) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of

tanks or secondary containment systems.

(b) Requirement for facility repairs and improvements.

If, upon evaluation of information obtained by the department under (a) of this subsection, it is determined that repairs

or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator

to discontinue the use of the tank system or container storage

unit and remove the used oil until the repairs or improvements are completed and approved by the department.

(9) Standards for used oil processors and rerefiners.

For the purpose of managing materials under this section, 40

CFR Parts 279.50 through 279.59 are incorporated by reference except that the test methods at WAC 173-303-110(3)

must be used. The standards for used oil processors and

rerefiners under this subsection are those federal regulations

listed above and the following:

(a) In addition to the general facility standards of 40 CFR

Part 279.52, owners and operators of used oil processing

and/or rerefining facilities regulated under this subsection are

subject to the following:

(i) Used oil and other materials managed under the standards for management of used oil may be stored on-site without a permit for ninety days prior to entering an active recycling process. An active recycling process refers to a dynamic

recycling operation that occurs within the recycling unit such

as a distillation or centrifuge unit. The phrase does not refer

to passive storage-like activities that occur, for example,

when tanks or containers are used for phase separation or for

settling impurities;

(ii) Facility closure standards of WAC 173-303-610 (2)

and (12); and

(iii) Financial requirements of WAC 173-303-620 (1)(e).

(b) Additional reports. Upon determination by the

department that the storage of used oil in tanks and/or containers poses a threat to public health or the environment, the

department may require the owner/operator to provide additional information regarding the integrity of structures and

equipment used to store used oil. This authority applies to

tanks and secondary containment systems used to store used

oil in tanks and containers. The department's determination

of a threat to public health or the environment may be based

upon observations of factors that would contribute to spills or

releases of used oil or the generation of hazardous by-products (for example, hydrogen sulfide gas). Those observations

may include, but are not limited to, leaks, severe corrosion,

structural defects or deterioration (cracks, gaps, separation of

joints), inability to completely inspect tanks or structures, or

concerns about the age or design specification of tanks.

(i) When required by the department, a qualified, independent professional engineer registered to practice in Washington state must perform the assessment of the integrity of

tanks or secondary containment systems.

(ii) Requirement for facility repairs and improvements.

If, upon evaluation of information obtained by the department under (b) of this subsection, it is determined that repairs

or structural improvements are necessary in order to eliminate threats, the department may require the owner/operator

to discontinue the use of the tank system or container storage

unit and remove the used oil until such repairs or improvements are completed and approved by the department.

(10) Standards for used oil burners who burn offspecification. For the purpose of managing materials under

this subsection, 40 CFR Parts 279.60 through 279.67 are

incorporated by reference except that the test methods at

WAC 173-303-110(3) must be used.

(11) Standards for used oil fuel marketers. For the

purpose of managing materials under this subsection, 40 CFR

Parts 279.70 through 279.75 are incorporated by reference.

(12) Standards for disposal of used oil. For the purpose of managing materials under this subsection, 40 CFR

Parts 279.80 through 279.82(a) are incorporated by reference.

(13) Testing required.

(a) Notwithstanding any other provisions of this section,

the department may require any person to test their used oil

according to the methods set forth in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication, SW-846 to either determine if the used oil is on-specification as described in WAC 173-303-515(4), determine

whether the used oil contains a listed hazardous waste, or

determine if the used oil is prohibited from being managed as

used oil in WAC 173-303-515(5).

(b) Where the federal regulations that have been incorporated by reference refer to 40 CFR 260.11, data provided

under this section must instead meet the requirements of

WAC 173-303-110(3).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-515, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-515, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-515, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-01-

060 (Order 92-33), ß 173-303-515, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-515,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-515, filed 1/4/89; 87-14-029 (Order

DE-87-4), ß 173-303-515, filed 6/26/87; 86-12-057 (Order DE-85-10), ß

173-303-515, filed 6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-515,

filed 6/27/84.]
173-303-520 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 94] (6/30/09)

173-303-520 WAC 173-303-520 Special requirements for reclaiming spent lead acid battery wastes. This section applies to

persons who reclaim (including regeneration) spent lead-acid

batteries that are recyclable materials ("spent batteries").

(Also, see WAC 173-303-120(3).)

(1) Persons who generate, transport, or collect spent batteries, who regenerate spent batteries, or who store spent batteries but do not reclaim them (other than spent batteries that

are to be regenerated) are subject only to the requirements of

WAC 173-303-016 through 173-303-161 except for 173-

303-060, and WAC 173-303-960 if such spent batteries are

going to a battery reclaimer. Persons who reclaim spent batteries through regeneration (such as by electrolyte replacement) are not subject to 40 CFR Part 268, which is incorporated by reference at WAC 173-303-140 (2)(a).

(2) Owners and operators of battery reclaiming facilities

that store spent lead acid batteries prior to reclaiming (other

than spent batteries that are to be regenerated) them are subject to the following requirements:

(a) For all reclaimers, the applicable storage provisions

of:

(i) WAC 173-303-280 (2) and (3);

(ii) WAC 173-303-282;

(iii) WAC 173-303-283;

(iv) WAC 173-303-290;

(v) WAC 173-303-310 through 173-303-360;

(vi) WAC 173-303-380;

(vii) WAC 173-303-390 (2) and (3);

(viii) WAC 173-303-395; and

(ix) WAC 173-303-800 through 173-303-840.

(b) For reclaimers with interim status permits, the applicable storage provisions of WAC 173-303-400 including

Subparts F through L of 40 CFR Part 265;

(c) For reclaimers with final facility permits, the applicable storage provisions of:

(i) WAC 173-303-600 through 173-303-650; and

(ii) WAC 173-303-660.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049

(Order 02-03), ß 173-303-520, 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), ß 173-303-520, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order

97-03), ß 173-303-520, filed 1/12/98, effective 2/12/98; 94-01-060 (Order

92-33), ß 173-303-520, filed 12/8/93, effective 1/8/94. Statutory Authority:

Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006

(42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-520, filed 3/7/91,

effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083

(Order 88-29), ß 173-303-520, filed 9/6/88; 88-07-039 (Order 87-37), ß 173-

303-520, filed 3/11/88; 86-12-057 (Order DE-85-10), ß 173-303-520, filed

6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-520, filed 6/27/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-520, filed 2/10/82.]

173-303-522 WAC 173-303-522 Special requirements for recycling spent antifreeze. (1) Applicability. This section applies

to the recycling of spent antifreeze. Antifreeze means ethylene glycol based coolant used as a heat exchange medium in

motor vehicle radiators, motorized equipment, or in other

industrial processes. For the purposes of this section recycling means reclamation and reuse, but not burning for

energy recovery. (Also, see WAC 173-303-120(3).)

(2) Standards. Persons who generate, transport, or store

spent antifreeze but do not reclaim or recycle it are subject to

the requirements of WAC 173-303-050, 173-303-145, and

173-303-960 if their spent antifreeze is going to a recycler.

Any discharge of spent antifreeze to the environment constitutes disposal and is subject to full regulation under this chapter.

(a) Generator requirements:

(i) Persons who reclaim or recycle their spent antifreeze

on-site, or send their antifreeze off-site to be reclaimed or

recycled, must keep records for a period of five years from

the date of reclamation/recycling.

Proof of reclamation/recycling is either a log for on-site

reclamation/recycling or an invoice or bill of lading for offsite reclamation/recycling.

(ii) Containers and tanks used to accumulate spent antifreeze must be labeled "spent antifreeze."

(iii) Spent antifreeze that is to be reclaimed can be accumulated on-site for any length of time, and in any amount.

(iv) During accumulation, spent antifreeze must be

stored in a manner to prevent releases to the environment.

This includes, but is not limited to, storing wastes in compatible containers, on impermeable surfaces, or in secondary

containment structures.

(b) If spent antifreeze is mixed with another dangerous

waste, generators are subject to the generator requirements,

WAC 173-303-170 through 173-303-230.

(c) Persons who generate spent antifreeze that is not

reclaimed/recycled, but is otherwise disposed, are subject to

all applicable requirements of this chapter.

(3) Transporters and transfer facility requirements:

(a) Persons engaged in routine off-site transportation of

spent antifreeze are required to obtain a state/EPA ID number, WAC 173-303-060, and to comply with the transporter

requirements, WAC 173-303-240. 

(b) If spent antifreeze is mixed with another dangerous

waste, transporters are subject to the generator requirements,

WAC 173-303-170 through 173-303-230.

(c) Transporters who store spent antifreeze at a transfer

facility are allowed to use tanks or containers as defined in

WAC 173-303-040, and store such waste for up to ten days,

WAC 173-303-240(6).

Transporters may store spent antifreeze at a transfer

facility for longer than ten days if they meet the requirements

for tank and/or container management, including secondary

containment in WAC 173-303-630 through 173-303-640.

(4) Reclamation/recycling facility requirements: Owners and operators of antifreeze reclaiming/recycling facilities

are subject to the conditions of WAC 173-303-120 (4)(c).

These conditions apply equally to facilities whether or not

ecology approved case-by-case seventy-two hour storage of

spent antifreeze occurs prior to reclamation.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-522, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 173-303-522, 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), ß 173-303-522, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order

97-03), ß 173-303-522, filed 1/12/98, effective 2/12/98.]

173-303-525 WAC 173-303-525 Special requirements for recyclable material utilized for precious metal recovery. (1)

Applicability and requirements. (Also, see WAC 173-303-

120(3).)
Dangerous Waste Regulations 173-303-560

(6/30/09) [Ch. 173-303 WACóp. 95]

(a) This section applies to recyclable materials that are

reclaimed to recover economically significant amounts of

gold, silver, platinum, palladium, iridium, osmium, rhodium,

ruthenium, or any combination of these.

(b) Persons who generate, transport, or store recyclable

materials that are regulated under this section are subject to

the following requirements:

(i) Notification requirements under WAC 173-303-060;

(ii) WAC 173-303-180 (for generators), 173-303-250

(for transporters), and 173-303-370 (for persons who store);

and

(iii) For precious metals exported to or imported from

designated OECD member countries for recovery, 40 CFR

subpart H of part 262 (incorporated by reference at WAC

173-303-230(1)) and 173-303-290 (1)(b). For precious metals exported to or imported from non-OECD countries for

recovery, 40 CFR subpart E (incorporated by reference at

WAC 173-303-230(1)) and 173-303-230(2).

(c) Persons who store recycled materials that are regulated under this section must keep the following records to

document that they are not accumulating these materials

speculatively (as defined in WAC 173-303-016 (5)(d)(ii));

(i) Records showing the volume of these materials stored

at the beginning of the calendar year;

(ii) The amount of these materials generated or received

during the calendar year; and

(iii) The amount of materials remaining at the end of the

calendar year.

(d) Recyclable materials that are regulated under this

section that are accumulated speculatively (as defined in

WAC 173-303-016 (5)(d)(ii)) are dangerous wastes and are

subject to all applicable provisions of this chapter.

(2) Additional regulation of recyclable materials utilized

for precious metal recovery on a case-by-case basis.

The department may decide on a case-by-case basis that

persons accumulating or storing recyclable materials utilized

for precious metal recovery should be regulated under WAC

173-303-120(4). The basis for this decision is that the materials are being accumulated or stored in a manner that does not

protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored

together are incompatible. In making this decision, the

department will consider the following factors:

(a) The types of materials accumulated or stored and the

amounts accumulated or stored;

(b) The method of accumulation or storage;

(c) The length of time the materials have been accumulated or stored before being reclaimed;

(d) Whether any contaminants are being released into the

environment, or are likely to be so released; and

(e) Other relevant factors.

The procedures for this decision are set forth in subsection (3) of this section.

(3) Procedures for case-by-case regulation of recyclable

materials utilized for precious metal recovery.

The department will use the following procedures when

determining whether to regulate recyclable materials utilized

for precious metal recovery under the provisions of WAC

173-303-120(4), rather than under the provisions of subsection (1) of this section.

(a) If a generator is accumulating the waste, the department will issue a notice setting forth the factual basis for the

decision and stating that the person must comply with the

applicable requirements of WAC 173-303-170 and 173-303-

190 through 173-303-230. The notice will become final

within thirty days, unless the person served requests a public

hearing to challenge the decision. Upon receiving such a

request, the department will hold a public hearing. The

department will provide notice of the hearing to the public

and allow public participation at the hearing. The department

will issue a final order after the hearing stating whether or not

compliance with WAC 173-303-170 and 173-303-190

through 173-303-230 is required. The order becomes effective thirty days after service of the decision unless the department specifies a later date or unless review by the department

is requested. The order may be appealed to the pollution control hearings board, in accordance with WAC 173-303-845,

by any person who participated in the public hearing.

(b) If the person is accumulating the recyclable material

as a storage facility, the notice will state that the person must

obtain a permit in accordance with all applicable provisions

of WAC 173-303-800 through 173-303-840. The owner or

operator of the facility must apply for a permit within no less

than sixty days and no more than six months of notice, as

specified in the notice. If the owner or operator of the facility

wishes to challenge the department's decision he may do so in

his permit application, in a public hearing held on the draft

permit, or in comments filed on the draft permit or on the

notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the department's

determination. The question of whether the department's

decision was proper will remain open for consideration during the public comment period discussed under WAC 173-

303-840 (4)(d) and in any subsequent hearing.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-525, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-525, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3

and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-

525, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 86-12-057 (Order DE-85-10), ß 173-303-525, filed 6/3/86.]

173-303-550

WAC 173-303-550 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-550, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-550,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-550, filed 1/4/89; 87-14-029 (Order

DE-87-4), ß 173-303-550, filed 6/26/87; 84-09-088 (Order DE 83-36), ß

173-303-550, filed 4/18/84.]

173-303-560

WAC 173-303-560 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-560, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-560,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

88-18-083 (Order 88-29), ß 173-303-560, filed 9/6/88; 88-07-039 (Order 87-

37), ß 173-303-560, filed 3/11/88; 87-14-029 (Order DE-87-4), ß 173-303-

560, filed 6/26/87; 84-09-088 (Order DE 83-36), ß 173-303-560, filed

4/18/84.]
173-303-573 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 96] (6/30/09)

173-303-573 WAC 173-303-573 Standards for universal waste

management. (1) Scope.

(a) This section establishes requirements for managing

the following:

(i) Batteries as described in subsection (2) of this section;

(ii) Mercury-containing equipment as described in subsection (3) of this section; and

(iii) Lamps as described in subsection (5) of this section.

(b) This section provides an alternative set of management standards in lieu of regulation under the rest of this

chapter except for WAC 173-303-050, 173-303-145, and

173-303-960.

(2) ApplicabilityóBatteries.

(a) Batteries covered under this section. 

(i) The requirements of this section apply to persons

managing batteries, as described in WAC 173-303-040,

except those listed in (b) of this subsection.

(ii) Spent lead-acid batteries which are not managed

under WAC 173-303-120 (3)(f) and 173-303-520, are subject

to management under this section.

(b) Batteries not covered under this section. The requirements of this section do not apply to persons managing the

following batteries:

(i) Spent lead-acid batteries that are managed under

WAC 173-303-120(3) and 173-303-520.

(ii) Batteries, as described in WAC 173-303-040, that are

not yet wastes under WAC 173-303-016, 173-303-017, or

173-303-070, including those that do not meet the criteria for

waste generation in (c) of this subsection.

(iii) Batteries, as described in WAC 173-303-040, that

are not dangerous waste. A battery is a dangerous waste if it

exhibits one or more of the characteristics or criteria identified in WAC 173-303-090 or 173-303-100.

(c) Generation of waste batteries.

(i) A used battery becomes a waste on the date it is discarded (for example, when sent for reclamation).

(ii) An unused battery becomes a waste on the date the

handler decides to discard it.

(3) ApplicabilityóMercury-containing equipment.

(a) Mercury-containing equipment covered under this

section. The requirements of this section apply to persons

managing mercury-containing equipment, as described in

WAC 173-303-040, except those listed in (b) of this subsection.

(b) Mercury-containing equipment not covered under

this section. The requirements of this section do not apply to

persons managing the following mercury-containing equipment:

(i) Mercury-containing equipment that is not yet a waste

under WAC 173-303-016, 173-303-017, or 173-303-070.

Paragraph (c) of this subsection describes when mercurycontaining equipment becomes a waste;

(ii) Mercury-containing equipment that is not a dangerous waste. Mercury-containing equipment is a dangerous

waste if it exhibits one or more of the characteristics or criteria identified in WAC 173-303-090 or 173-303-100; and

(iii) Equipment and devices from which the mercurycontaining components have been removed.

(c) Generation of waste mercury-containing equipment.

(i) Used mercury-containing equipment becomes a waste

on the date it is discarded.

(ii) Unused mercury-containing equipment becomes a

waste on the date the handler decides to discard it.

(4) Reserve.

(5) ApplicabilityóLamps.

(a) Lamps covered under this section. The requirements

of this section apply to persons managing lamps, as described

in WAC 173-303-040, except those listed in (b) of this subsection.

(b) Lamps not covered under this section. The requirements of this section do not apply to persons managing the

following lamps:

(i) Lamps that are not yet wastes under WAC 173-303-

016, 173-303-017, or 173-303-070. Paragraph (c) of this subsection describes when lamps become wastes.

(ii) Lamps that are not dangerous waste. Lamps that do

not exhibit one or more of the characteristics or criteria identified in WAC 173-303-090 or 173-303-100 are not dangerous waste.

(c) Generation of waste lamps.

(i) A used lamp becomes a waste on the date it is discarded.

(ii) An unused lamp becomes a waste on the date the

handler decides to discard it.

(6) ApplicabilityóSmall quantity handlers of universal waste. Subsections (6) through (16) of this section apply

to small quantity handlers of universal waste (as defined in

WAC 173-303-040).

(7) Prohibitions.

A small quantity handler of universal waste is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste,

except by responding to releases as provided in subsection

(13) of this section; or by managing specific wastes as provided in subsection (9) of this section.

(8) Notification.

A small quantity handler of universal waste is not

required to notify the department of universal waste handling

activities.

(9) Waste management.

(a) Universal waste batteries. A small quantity handler of

universal waste must manage universal waste batteries in a

way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(i) A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container

must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably

foreseeable conditions.

(ii) A small quantity handler of universal waste may conduct the following activities as long as the casing of each

individual battery cell is not breached and remains intact and

closed (except that cells may be opened to remove electrolyte

but must be immediately closed after removal):

(A) Sorting batteries by type;

(B) Mixing battery types in one container;

(C) Discharging batteries so as to remove the electric

charge;

(D) Regenerating used batteries;
Dangerous Waste Regulations 173-303-573

(6/30/09) [Ch. 173-303 WACóp. 97]

(E) Disassembling batteries or battery packs into individual batteries or cells;

(F) Removing batteries from consumer products; or

(G) Removing electrolyte from batteries.

(iii) A small quantity handler of universal waste who

removes electrolyte from batteries, or who generates other

solid waste (for example, battery pack materials, discarded

consumer products) as a result of the activities listed above,

must determine whether the electrolyte and/or other solid

waste exhibit a characteristic or criteria of dangerous waste

identified in WAC 173-303-090 or 173-303-100.

(A) If the electrolyte and/or other solid waste exhibit a

characteristic or criteria of dangerous waste, it is subject to all

applicable requirements of this chapter. The handler is considered the generator of the dangerous electrolyte and/or

other waste and is subject to WAC 173-303-170 through 173-

303-230.

(B) If the electrolyte or other solid waste is not dangerous, the handler may manage the waste in any way that is in

compliance with applicable federal, state or local solid waste

regulations.

(b) Universal waste mercury-containing equipment. A

small quantity handler of universal waste must manage universal waste mercury-containing equipment in a way that

prevents releases of any universal waste or component of a

universal waste to the environment, as follows:

(i) A small quantity handler of universal waste must

place in a container any universal waste mercury-containing

equipment with noncontained elemental mercury or that

shows evidence of leakage, spillage, or damage that could

cause leakage under reasonably foreseeable conditions. The

container must be closed, structurally sound, compatible with

the contents of the device, must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed

to prevent the escape of mercury into the environment by volatilization or any other means.

(ii) A small quantity handler of universal waste may

remove mercury-containing ampules from universal waste

mercury-containing equipment provided the handler:

(A) Removes the ampules in a manner designed to prevent breakage of the ampules;

(B) Removes the ampules only over or in a containment

device (for example, tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(C) Ensures that a mercury clean-up system is readily

available to immediately transfer any mercury resulting from

spills or leaks from broken ampules from that containment

device to a container that meets the requirements of WAC

173-303-200;

(D) Immediately transfers any mercury resulting from

spills or leaks from broken ampules from the containment

device to a container that meets the requirements of WAC

173-303-200;

(E) Ensures that the area in which ampules are removed

is well ventilated and monitored to ensure compliance with

applicable OSHA exposure levels for mercury;

(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and

emergency procedures, including transfer of mercury from

containment devices to appropriate containers;

(G) Stores removed ampules in closed, nonleaking containers that are in good condition;

(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage,

handling, and transportation; and

(iii) A small quantity handler of universal waste mercury-containing equipment that does not contain an ampule

may remove the open original housing holding the mercury

from universal waste mercury-containing equipment provided the handler:

(A) Immediately seals the original housing holding the

mercury with an airtight seal to prevent the release of any

mercury to the environment; and

(B) Follows all requirements for removing ampules and

managing removed ampules under (b)(ii) of this subsection;

and

(iv)(A) A small quantity handler of universal waste who

removes mercury-containing ampules from mercury-containing equipment or seals mercury from mercury-containing

equipment in its original housing must determine whether the

following exhibit a characteristic or criteria of dangerous

waste identified in WAC 173-303-090 or 173-303-100:

(I) Mercury or clean-up residues resulting from spills or

leaks; and/or

(II) Other solid waste generated as a result of the

removal of mercury-containing ampules or housings (for

example, the remaining mercury-containing device).

(B) If the mercury, residues, and/or other solid waste

exhibit a characteristic or criteria of dangerous waste, it must

be managed in compliance with all applicable requirements

of this chapter. The handler is considered the generator of the

mercury, residues, and/or other waste and must manage it

subject to WAC 173-303-170 through 173-303-230.

(C) If the mercury, residues, and/or other solid waste is

not dangerous, the handler may manage the waste in any way

that is in compliance with applicable federal, state or local

solid waste regulations.

(c) Universal waste lamps. A small quantity handler of

universal waste must manage universal waste lamps in a way

that prevents releases of any universal waste or component of

a universal waste to the environment, as follows:

(i) A small quantity handler of universal waste must

immediately clean up and place in a container any universal

waste lamps that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable

conditions. The container must be closed, structurally sound,

compatible with the contents of the lamps, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;

(ii) A small quantity handler of universal waste must

minimize lamp breakage by accumulating lamps in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps.

The containers and packages must remain closed and must

lack evidence of leakage, spillage, or damage that could

cause leakage under reasonably foreseeable conditions;

(iii) A small quantity handler of universal waste must

store lamps accumulated in cardboard or fiber containers
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[Ch. 173-303 WACóp. 98] (6/30/09)

indoors, meaning in a structure that prevents the container

from being exposed to the elements.

(10) Labeling/marking.

A small quantity handler of universal waste must label or

mark the universal waste to identify the type of universal

waste as specified below:

(a) Universal waste batteries (that is, each battery), or a

container in which the batteries are contained, must be

labeled or marked clearly with any one of the following

phrases: "Universal Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"

(b)(i) Universal waste mercury-containing equipment

(that is, each device), or a container in which the equipment

is contained, must be labeled or marked clearly with any of

the following phrases: "Universal Waste Mercury-Containing Equipment," "Waste Mercury-Containing Equipment," or

"Used Mercury-Containing Equipment."

(ii) A universal waste mercury-containing thermostat or

container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of

the following phrases "Universal Waste-Mercury Thermostat(s)," "Waste Mercury Thermostat(s)," or "Used Mercury

Thermostat(s)."

(c) Universal waste lamps (that is, each lamp), or a container in which the lamps are accumulated, must be labeled or

marked clearly with any one of the following phrases: "Universal Waste Lamp(s)," or "Waste Lamp(s)," or "Used

Lamp(s)."

(11) Accumulation time limits.

(a) A small quantity handler of universal waste may

accumulate universal waste for no longer than one year from

the date the universal waste is generated, or received from

another handler, unless the requirements of (b) of this subsection are met.

(b) A small quantity handler of universal waste may

accumulate universal waste for longer than one year from the

date the universal waste is generated, or received from

another handler, if such activity is solely for the purpose of

accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

However, the handler bears the burden of proving that such

activity is solely for the purpose of accumulation of such

quantities of universal waste as necessary to facilitate proper

recovery, treatment, or disposal.

(c) A small quantity handler of universal waste who

accumulates universal waste must be able to demonstrate the

length of time that the universal waste has been accumulated

from the date it becomes a waste or is received. The handler

may make this demonstration by:

(i) Placing the universal waste in a container and marking or labeling the container with the earliest date that any

universal waste in the container became a waste or was

received;

(ii) Marking or labeling each individual item of universal

waste (for example, each battery, thermostat, mercury-containing equipment, or lamp) with the date it became a waste

or was received;

(iii) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was

received;

(iv) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of

universal waste items or a group of containers of universal

waste became a waste or was received;

(v) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal

waste in the area became a waste or was received; or

(vi) Any other method which clearly demonstrates the

length of time that the universal waste has been accumulated

from the date it becomes a waste or is received.

(12) Employee training.

A small quantity handler of universal waste must inform

all employees who handle or have responsibility for managing universal waste. The information must describe proper

handling and emergency procedures appropriate to the

type(s) of universal waste handled at the facility.

(13) Response to releases.

(a) A small quantity handler of universal waste must

immediately contain all releases of universal wastes and

other residues from universal wastes.

(b) A small quantity handler of universal waste must

determine whether any material resulting from the release is

dangerous waste, and if so, must manage the dangerous waste

in compliance with all applicable requirements of this chapter. The handler is considered the generator of the material

resulting from the release, and must manage it in compliance

with WAC 173-303-170 through 173-303-230.

(14) Off-site shipments.

(a) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other

than another universal waste handler, a destination facility, or

a foreign destination.

(b) If a small quantity handler of universal waste selftransports universal waste off-site, the handler becomes a

universal waste transporter for those self-transportation

activities and must comply with the transporter requirements

of subsections (28) through (34) of this section while transporting the universal waste.

(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under

49 CFR Parts 171 through 180, a small quantity handler of

universal waste must package, label, mark and placard the

shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR Parts 172 through 180.

(d) Prior to sending a shipment of universal waste to

another universal waste handler, the originating handler must

ensure that the receiving handler agrees to receive the shipment.

(e) If a small quantity handler of universal waste sends a

shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving

handler or destination facility, the originating handler must

either:

(i) Receive the waste back when notified that the shipment has been rejected, or

(ii) Agree with the receiving handler on a destination

facility to which the shipment will be sent.

(f) A small quantity handler of universal waste may

reject a shipment containing universal waste, or a portion of a

shipment containing universal waste that he has received
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(6/30/09) [Ch. 173-303 WACóp. 99]

from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to

notify him of the rejection and to discuss reshipment of the

load. The handler must:

(i) Send the shipment back to the originating handler; or

(ii) If agreed to by both the originating and receiving

handler, send the shipment to a destination facility.

(g) If a small quantity handler of universal waste

receives a shipment containing dangerous waste that is not a

universal waste, the handler must immediately notify the

department of the illegal shipment, and provide the name,

address, and phone number of the originating shipper. The

department will provide instructions for managing the dangerous waste.

(h) If a small quantity handler of universal waste

receives a shipment of nondangerous, nonuniversal waste,

the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

(15) Tracking universal waste shipments.

A small quantity handler of universal waste is not

required to keep records of shipments of universal waste.

(16) Exports.

A small quantity handler of universal waste who sends

universal waste to a foreign destination other than to those

OECD countries specified in 40 CFR 262.58 (a)(1) (in which

case the handler is subject to the requirements of 40 CFR part

262, subpart H which is incorporated by reference at WAC

173-303-230) must:

(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56 (a)(1) through (4),

(6), and (b) and 262.57 which are incorporated by reference

at WAC 173-303-230(1);

(b) Export such universal waste only upon consent of the

receiving country and in conformance with the EPA

Acknowledgment of Consent as defined in 40 CFR Subpart E

of Part 262 which is incorporated by reference at WAC 173-

303-230(1); and

(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.

(17) ApplicabilityóLarge quantity handlers of universal waste.

Subsections (17) through (27) of this section apply to

large quantity handlers of universal waste (as defined in

WAC 173-303-040).

(18) Prohibitions.

A large quantity handler of universal waste is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste,

except by responding to releases as provided in subsection

(24) of this section; or by managing specific wastes as provided in subsection (20) of this section.

(19) Notification.

(a)(i) Except as provided in (a)(ii) of this subsection, a

large quantity handler of universal waste must have sent written notification of universal waste management to the department, and received an EPA Identification Number, before

meeting or exceeding the 11,000 pound storage limit and/or

before meeting or exceeding the 2,200 pound storage limit

for lamps.

(ii) A large quantity handler of universal waste who has

already notified the department of their dangerous waste

management activities and has received an EPA Identification Number is not required to renotify under this section.

(b) This notification must include:

(i) The universal waste handler's name and mailing

address;

(ii) The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities;

(iii) The address or physical location of the universal

waste management activities;

(iv) A list of all of the types of universal waste managed

by the handler (for example, batteries, thermostats, mercurycontaining equipment, and lamps); and

(v) A statement indicating that the handler is accumulating more than 11,000 pounds of universal waste at one time,

and/or a statement indicating that the handler is accumulating

more than 2,200 pounds of lamps at one time. (For example,

if a handler is accumulating 4,000 pounds of batteries, 4,500

pounds of thermostats, 2,000 pounds of mercury-containing

equipment and 600 pounds of universal waste lamps, they

would notify for having 11,100 pounds of universal waste at

one time - likewise, if a handler is accumulating 1,000

pounds of batteries, 4,000 pounds of thermostats, 2,000

pounds of mercury-containing equipment and 2,400 pounds

of universal waste lamps, they would also need to notify for

exceeding the 2,200 pound limit for universal waste lamps.)

(20) Waste management.

(a) Universal waste batteries. A large quantity handler of

universal waste must manage universal waste batteries in a

way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

(i) A large quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container

must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably

foreseeable conditions.

(ii) A large quantity handler of universal waste may conduct the following activities as long as the casing of each

individual battery cell is not breached and remains intact and

closed (except that cells may be opened to remove electrolyte

but must be immediately closed after removal):

(A) Sorting batteries by type;

(B) Mixing battery types in one container;

(C) Discharging batteries so as to remove the electric

charge;

(D) Regenerating used batteries;

(E) Disassembling batteries or battery packs into individual batteries or cells;

(F) Removing batteries from consumer products; or

(G) Removing electrolyte from batteries.

(iii) A large quantity handler of universal waste who

removes electrolyte from batteries, or who generates other

solid waste (for example, battery pack materials, discarded

consumer products) as a result of the activities listed above,

must determine whether the electrolyte and/or other solid
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[Ch. 173-303 WACóp. 100] (6/30/09)

waste exhibit a characteristic or criteria of dangerous waste

identified in WAC 173-303-090 or 173-303-100.

(A) If the electrolyte and/or other solid waste exhibit a

characteristic or criteria of dangerous waste, it must be managed in compliance with all applicable requirements of this

chapter. The handler is considered the generator of the dangerous electrolyte and/or other waste and is subject to WAC

173-303-170 through 173-303-230.

(B) If the electrolyte or other solid waste is not dangerous, the handler may manage the waste in any way that is in

compliance with applicable federal, state or local solid waste

regulations.

(b) Universal waste mercury-containing equipment. A

large quantity handler of universal waste must manage universal waste mercury-containing equipment in a way that

prevents releases of any universal waste or component of a

universal waste to the environment, as follows:

(i) A large quantity handler of universal waste must

place in a container any universal waste mercury-containing

equipment with noncontained elemental mercury or that

shows evidence of leakage, spillage, or damage that could

cause leakage under reasonably foreseeable conditions. The

container must be closed, structurally sound, compatible with

the contents of the device, must lack evidence of leakage,

spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed

to prevent the escape of mercury into the environment by volatilization or any other means.

(ii) A large quantity handler of universal waste may

remove mercury-containing ampules from universal waste

mercury-containing equipment provided the handler:

(A) Removes and manages the ampules in a manner

designed to prevent breakage of the ampules;

(B) Removes ampules only over or in a containment

device (for example, tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(C) Ensures that a mercury clean-up system is readily

available to immediately transfer any mercury resulting from

spills or leaks of broken ampules, from that containment

device to a container that meets the requirements of WAC

173-303-200;

(D) Immediately transfers any mercury resulting from

spills or leaks from broken ampules from the containment

device to a container that meets the requirements of WAC

173-303-200;

(E) Ensures that the area in which ampules are removed

is well ventilated and monitored to ensure compliance with

applicable OSHA exposure levels for mercury;

(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and

emergency procedures, including transfer of mercury from

containment devices to appropriate containers;

(G) Stores removed ampules in closed, nonleaking containers that are in good condition;

(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage,

handling, and transportation;

(iii) A large quantity handler of universal waste mercurycontaining equipment that does not contain an ampule may

remove the open original housing holding the mercury from

universal waste mercury-containing equipment provided the

handler:

(A) Immediately seals the original housing holding the

mercury with an airtight seal to prevent the release of any

mercury to the environment; and

(B) Follows all requirements for removing ampules and

managing removed ampules under (b)(ii) of this subsection;

and

(iv)(A) A large quantity handler of universal waste who

removes mercury-containing ampules from mercury-containing equipment or seals mercury from mercury-containing

equipment in its original housing must determine whether the

following exhibit a characteristic or criteria of dangerous

waste identified in WAC 173-303-090 or 173-303-100:

(I) Mercury or clean-up residues resulting from spills or

leaks; and/or

(II) Other solid waste generated as a result of the

removal of mercury-containing ampules or housings (for

example, the remaining mercury-containing device).

(B) If the mercury, residues, and/or other solid waste

exhibits a characteristic or criteria of dangerous waste, it

must be managed in compliance with all applicable requirements of this chapter. The handler is considered the generator

of the mercury, residues, and/or other waste and must manage it in compliance with WAC 173-303-170 through 173-

303-230.

(C) If the mercury, residues, and/or other solid waste is

not dangerous, the handler may manage the waste in any way

that is in compliance with applicable federal, state or local

solid waste regulations.

(c) Universal waste lamps. A large quantity handler of

universal waste must manage universal waste lamps in a way

that prevents releases of any universal waste or component of

a universal waste to the environment, as follows:

(i) A large quantity handler of universal waste must

immediately clean up and place in a container any universal

waste lamps that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable

conditions. The container must be closed, structurally sound,

compatible with the contents of the lamps, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;

(ii) A large quantity handler of universal waste must

minimize lamp breakage by accumulating lamps in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps.

The containers and packages must remain closed and must

lack evidence of leakage, spillage, or damage that could

cause leakage under reasonably foreseeable conditions;

(iii) A large quantity handler of universal waste must

store lamps accumulated in cardboard or fiber containers

indoors, meaning in a structure that prevents a container from

being exposed to the elements.

(21) Labeling/marking.

A large quantity handler of universal waste must label or

mark the universal waste to identify the type of universal

waste as specified below:

(a) Universal waste batteries (that is, each battery), or a

container or tank in which the batteries are contained, must

be labeled or marked clearly with any one of the following
Dangerous Waste Regulations 173-303-573

(6/30/09) [Ch. 173-303 WACóp. 101]

phrases: "Universal Waste-Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"

(b)(i) Mercury-containing equipment (that is, each

device), or a container in which the equipment is contained,

must be labeled or marked clearly with any of the following

phrases: "Universal Waste-Mercury-Containing Equipment," or "Waste Mercury-Containing Equipment," or "Used

Mercury-Containing Equipment."

(ii) A universal waste mercury-containing thermostat or

container containing only universal waste mercury-containing thermostats may be labeled or marked clearly with any of

the following phrases: "Universal Waste-Mercury Thermostat(s)," "Waste Mercury Thermostat(s)," or "Used Mercury

Thermostat(s)."

(c) Universal waste lamp (that is, each lamp), or a container in which the lamps are accumulated, must be labeled or

marked clearly with any one of the following phrases: "Universal Waste Lamp(s)," or "Waste Lamp(s)," or "Used

Lamp(s)."

(22) Accumulation time limits.

(a) A large quantity handler of universal waste may

accumulate universal waste for no longer than one year from

the date the universal waste is generated, or received from

another handler, unless the requirements of (b) of this subsection are met.

(b) A large quantity handler of universal waste may

accumulate universal waste for longer than one year from the

date the universal waste is generated, or received from

another handler, if such activity is solely for the purpose of

accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.

However, the handler bears the burden of proving that such

activity was solely for the purpose of accumulation of such

quantities of universal waste as necessary to facilitate proper

recovery, treatment, or disposal.

(c) A large quantity handler of universal waste must be

able to demonstrate the length of time that the universal waste

has been accumulated from the date it becomes a waste or is

received. The handler may make this demonstration by:

(i) Placing the universal waste in a container and marking or labeling the container with the earliest date that any

universal waste in the container became a waste or was

received;

(ii) Marking or labeling the individual item of universal

waste (for example, each battery, thermostat, mercury-containing equipment, or lamp) with the date it became a waste

or was received;

(iii) Maintaining an inventory system on site that identifies the date the universal waste being accumulated became a

waste or was received;

(iv) Maintaining an inventory system on site that identifies the earliest date that any universal waste in a group of

universal waste items or a group of containers of universal

waste became a waste or was received;

(v) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal

waste in the area became a waste or was received; or

(vi) Any other method which clearly demonstrates the

length of time that the universal waste has been accumulated

from the date it becomes a waste or is received.

(23) Employee training.

A large quantity handler of universal waste must ensure

that all employees are thoroughly familiar with proper waste

handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.

(24) Response to releases.

(a) A large quantity handler of universal waste must

immediately contain all releases of universal wastes and

other residues from universal wastes.

(b) A large quantity handler of universal waste must

determine whether any material resulting from the release is

dangerous waste, and if so, must manage the dangerous waste

in compliance with all applicable requirements of this chapter. The handler is considered the generator of the material

resulting from the release, and is subject to WAC 173-303-

145 and 173-303-170 through 173-303-230.

(25) Off-site shipments.

(a) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other

than another universal waste handler, a destination facility, or

a foreign destination.

(b) If a large quantity handler of universal waste selftransports universal waste off site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of

subsections (28) through (34) of this section while transporting the universal waste.

(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under

49 CFR 171 through 180, a large quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance

with the applicable Department of Transportation regulations

under 49 CFR Parts 172 through 180;

(d) Prior to sending a shipment of universal waste to

another universal waste handler, the originating handler must

ensure that the receiving handler agrees to receive the shipment.

(e) If a large quantity handler of universal waste sends a

shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving

handler or destination facility, the originating handler must

either:

(i) Receive the waste back when notified that the shipment has been rejected; or

(ii) Agree with the receiving handler on a destination

facility to which the shipment will be sent.

(f) A large quantity handler of universal waste may reject

a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from

another handler. If a handler rejects a shipment or a portion of

a shipment, he must contact the originating handler to notify

him of the rejection and to discuss reshipment of the load.

The handler must:

(i) Send the shipment back to the originating handler; or

(ii) If agreed to by both the originating and receiving

handler, send the shipment to a destination facility.

(g) If a large quantity handler of universal waste receives

a shipment containing dangerous waste that is not a universal

waste, the handler must immediately notify the department of

the illegal shipment, and provide the name, address, and
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[Ch. 173-303 WACóp. 102] (6/30/09)

phone number of the originating shipper. The department will

provide instructions for managing the dangerous waste.

(h) If a large quantity handler of universal waste receives

a shipment of nondangerous, nonuniversal waste, the handler

may manage the waste in any way that is in compliance with

applicable federal, state or local solid waste regulations.

(26) Tracking universal waste shipments.

(a) Receipt of shipments. A large quantity handler of universal waste must keep a record of each shipment of universal

waste received at the facility. The record may take the form

of a log, invoice, manifest, bill of lading, or other shipping

document. The record for each shipment of universal waste

received must include the following information:

(i) The name and address of the originating universal

waste handler or foreign shipper from whom the universal

waste was sent;

(ii) The quantity of each type of universal waste received

(for example, batteries, thermostats, mercury-containing

equipment, or lamps);

(iii) The date of receipt of the shipment of universal

waste.

(b) Shipments off site. A large quantity handler of universal waste must keep a record of each shipment of universal

waste sent from the handler to other facilities. The record

may take the form of a log, invoice, manifest, bill of lading or

other shipping document. The record for each shipment of

universal waste sent must include the following information:

(i) The name and address of the universal waste handler,

destination facility, or foreign destination to whom the universal waste was sent;

(ii) The quantity of each type of universal waste sent (for

example, batteries, thermostats, mercury-containing equipment, or lamps);

(iii) The date the shipment of universal waste left the

facility.

(c) Record retention.

(i) A large quantity handler of universal waste must

retain the records described in (a) of this subsection for at

least three years from the date of receipt of a shipment of universal waste.

(ii) A large quantity handler of universal waste must

retain the records described in (b) of this subsection for at

least three years from the date a shipment of universal waste

left the facility.

(27) Exports.

A large quantity handler of universal waste who sends

universal waste to a foreign destination other than to those

OECD countries specified in 40 CFR 262.58 (a)(1) (in which

case the handler is subject to the requirements of 40 CFR part

262, subpart H which is incorporated by reference at WAC

173-303-230) must:

(a) Comply with the requirements applicable to a primary exporter in 40 CFR 262.53, 262.56 (a)(1) through (4),

(6), and (b) and 262.57 which are incorporated by reference

at WAC 173-303-230(1);

(b) Export such universal waste only upon consent of the

receiving country and in conformance with the EPA

Acknowledgment of Consent as defined in 40 CFR 262 Subpart E which is incorporated by reference at WAC 173-303-

230(1); and

(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.

(28) ApplicabilityóUniversal waste transporters.

Subsections (28) through (34) of this section apply to

universal waste transporters (as defined in WAC 173-303-

040).

(29) Prohibitions.

A universal waste transporter is:

(a) Prohibited from disposing of universal waste; and

(b) Prohibited from diluting or treating universal waste,

except by responding to releases as provided in subsection

(32) of this section.

(30) Waste management.

(a) A universal waste transporter must comply with all

applicable U.S. Department of Transportation regulations in

49 CFR Part 171 through 180 for transport of any universal

waste that meets the definition of hazardous material in 49

CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a dangerous waste if

it is subject to the Hazardous Waste Manifest Requirements

of the U.S. Environmental Protection Agency specified in

WAC 173-303-180. Because universal waste does not

require a dangerous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.

(b) Some universal waste materials are regulated by the

Department of Transportation as hazardous materials

because they meet the criteria for one or more hazard classes

specified in 49 CFR 173.2. As universal waste shipments do

not require a manifest under WAC 173-303-180, they may

not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.," nor may the hazardous material's

proper shipping name be modified by adding the word

"waste."

(31) Storage time limits.

(a) A universal waste transporter may only store the universal waste at a universal waste transfer facility for ten days

or less.

(b) If a universal waste transporter stores universal waste

for more than ten days, the transporter becomes a universal

waste handler and must comply with the applicable requirements for small or large quantity handlers (subsections (6)

through (27) of this section) while storing the universal

waste.

(32) Response to releases.

(a) A universal waste transporter must immediately contain all releases of universal wastes and other residues from

universal wastes.

(b) A universal waste transporter must determine

whether any material resulting from the release is dangerous

waste, and if so, it is subject to all applicable requirements of

this chapter. If the waste is determined to be a dangerous

waste, the transporter is subject to WAC 173-303-145 and

173-303-170 through 173-303-230.

(33) Off-site shipments.

(a) A universal waste transporter is prohibited from

transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.
Dangerous Waste Regulations 173-303-573

(6/30/09) [Ch. 173-303 WACóp. 103]

(b) If the universal waste being shipped off site meets the

Department of Transportation's definition of hazardous materials under 49 CFR 171.8, the shipment must be properly

described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR

Part 172.

(34) Exports.

A universal waste transporter transporting a shipment of

universal waste to a foreign destination other than to those

OECD countries specified in 40 CFR 262.58 (a)(1) (in which

case the handler is subject to the requirements of 40 CFR part

262, subpart H which is incorporated by reference at WAC

173-303-230) may not accept a shipment if the transporter

knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter must ensure

that:

(a) A copy of the EPA Acknowledgment of Consent

accompanies the shipment; and

(b) The shipment is delivered to the facility designated

by the person initiating the shipment.

(35) ApplicabilityóDestination facilities. Subsections

(35) through (37) of this section apply to destination facilities.

(a) The owner or operator of a destination facility (as

defined in WAC 173-303-040) is subject to all applicable

requirements of WAC 173-303-140 and 173-303-141, 173-

303-280 through 173-303-525, 173-303-600 through 173-

303-695, 173-303-800 through 173-303-840, and the notification requirement at WAC 173-303-060:

(b) The owner or operator of a destination facility that

recycles a particular universal waste without storing that universal waste before it is recycled must comply with WAC

173-303-120 (4)(c).

(36) Off-site shipments.

(a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place

other than a universal waste handler, another destination

facility or foreign destination.

(b) The owner or operator of a destination facility may

reject a shipment containing universal waste, or a portion of a

shipment containing universal waste. If the owner or operator

of the destination facility rejects a shipment or a portion of a

shipment, he must contact the shipper to notify him of the

rejection and to discuss reshipment of the load. The owner or

operator of the destination facility must:

(i) Send the shipment back to the original shipper; or

(ii) If agreed to by both the shipper and the owner or

operator of the destination facility, send the shipment to

another destination facility.

(c) If the owner or operator of a destination facility

receives a shipment containing dangerous waste that is not a

universal waste, the owner or operator of the destination

facility must immediately notify the department of the illegal

shipment, and provide the name, address, and phone number

of the shipper. The department will provide instructions for

managing the dangerous waste.

(d) If the owner or operator of a destination facility

receives a shipment of nondangerous, nonuniversal waste,

the owner or operator may manage the waste in any way that

is in compliance with applicable federal or state solid waste

regulations.

(37) Tracking universal waste shipments.

(a) The owner or operator of a destination facility must

keep a record of each shipment of universal waste received at

the facility. The record may take the form of a log, invoice,

manifest, bill of lading, or other shipping document. The

record for each shipment of universal waste received must

include the following information:

(i) The name and address of the universal waste handler,

destination facility, or foreign shipper from whom the universal waste was sent;

(ii) The quantity of each type of universal waste received

(for example, batteries, thermostats, mercury-containing

equipment, or lamps);

(iii) The date of receipt of the shipment of universal

waste.

(b) The owner or operator of a destination facility must

retain the records described in (a) of this subsection for at

least three years from the date of receipt of a shipment of universal waste.

(38) Imports.

Persons managing universal waste that is imported from

a foreign country into the United States are subject to the

applicable requirements of this section, immediately after the

waste enters the United States, as indicated in (a) through (c)

of this subsection:

(a) A universal waste transporter is subject to the universal waste transporter requirements of subsections (28)

through (34) of this section.

(b) A universal waste handler is subject to the small or

large quantity handler of universal waste requirements of

subsections (6) through (27) of this section, as applicable.

(c) An owner or operator of a destination facility is subject to the destination facility requirements of subsections

(35) through (37) of this section.

(d) Persons managing universal waste that is imported

from an OECD country as specified at 40 CFR 262.58 (a)(1),

which is incorporated by reference at WAC 173-303-230(1),

are subject to (a) through (c) of this subsection, in addition to

the requirements of 40 CFR part 262 subpart H, which is

incorporated by reference at WAC 173-303-230(1).

(39) GeneralóPetitions. Subsections (39) and (40) of

this section address petitions to include other wastes under

this section.

(a) Any person seeking to add a dangerous waste or a

category of dangerous waste to this section may petition for a

regulatory amendment under subsections (39) and (40) of this

section and WAC 173-303-910 (1) and (7).

(b) To be successful, the petitioner must demonstrate to

the satisfaction of the department that regulation under the

universal waste regulations of this section is: Appropriate for

the waste or category of waste; will improve management

practices for the waste or category of waste; and will improve

implementation of the dangerous waste program. The petition must include the information required by WAC 173-303-

910 (1)(b). The petition should also address as many of the

factors listed in subsection (40) of this section as are appropriate for the waste or waste category addressed in the petition.

(c) The department will evaluate petitions using the factors listed in subsection (40) of this section. The department

will grant or deny a petition using the factors listed in subsec-
173-303-575 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 104] (6/30/09)

tion (40) of this section. The decision will be based on the

weight of evidence showing that regulation under this section

is appropriate for the waste or category of waste, will

improve management practices for the waste or category of

waste, and will improve implementation of the dangerous

waste program.

(40) Factors for petitions to include other wastes

under this section.

(a) The waste or category of waste, as generated by a

wide variety of generators, is listed in WAC 173-303-081 or

173-303-082, or (if not listed) a proportion of the waste

stream exhibits one or more characteristics or criteria of dangerous waste identified in WAC 173-303-090 or 173-303-

100. (When a characteristic waste is added to the universal

waste regulations of this section by using a generic name to

identify the waste category (for example, batteries), the definition of universal waste in WAC 173-303-040 will be

amended to include only the dangerous waste portion of the

waste category (for example, dangerous waste batteries).)

Thus, only the portion of the waste stream that does exhibit

one or more characteristics or criteria (that is, is dangerous

waste) is subject to the universal waste regulations of this

section;

(b) The waste or category of waste is not exclusive to a

specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including,

for example, households, retail and commercial businesses,

office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as

large industrial facilities);

(c) The waste or category of waste is generated by a large

number of generators (for example, more than 1,000 nationally) and is frequently generated in relatively small quantities

by each generator;

(d) Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling

practices) would ensure close stewardship of the waste;

(e) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to

other dangerous wastes, and specific management standards

proposed or referenced by the petitioner (for example, waste

management requirements appropriate to be added to subsections (9), (20), and (30) of this section; and/or applicable

Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport;

(f) Regulation of the waste or category of waste under

this section will increase the likelihood that the waste will be

diverted from nondangerous waste management systems (for

example, the municipal waste stream, nondangerous industrial or commercial waste stream, municipal sewer or stormwater systems) to recycling, treatment, or disposal in compliance with the Hazardous Waste Management Act chapter

70.105 RCW, this chapter, and RCRA Subtitle C.

(g) Regulation of the waste or category of waste under

this section will improve implementation of and compliance

with the dangerous waste regulatory program; and/or

(h) Such other factors as may be appropriate.

(41) ApplicabilityóHousehold and conditionally

exempt small quantity generator waste.

(a) Persons managing the wastes listed below may, at

their option, manage them under the requirements of this section:

(i) Household wastes that are exempt under WAC 173-

303-071 (3)(c) and are also of the same type as the universal

wastes defined at WAC 173-303-040; and/or

(ii) Small quantity generator wastes that are conditionally exempt under WAC 173-303-070(8) and are also of the

same type as the universal wastes defined at WAC 173-303-

040.

(b) Persons who commingle the wastes described in

(a)(i) and (ii) of this subsection together with universal waste

regulated under this section must manage the commingled

waste under the requirements of this section.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-573, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-573, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-573, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-573, filed 1/12/98, effective 2/12/98.]

173-303-575 WAC 173-303-575 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-575, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-575, filed

2/10/82.]

173-303-578 WAC 173-303-578 Military munitions. (1) Applicability.

(a) The rules in this section identify when military munitions become a solid waste, and, if these wastes are also dangerous under this section or WAC 173-303-016 through 173-

303-100, the management standards that apply to these

wastes.

(b) Unless otherwise specified in this section, all applicable requirements in this chapter apply to waste military munitions.

(2) Definition of solid waste.

(a) A military munition is not a solid waste when:

(i) Used for its intended purpose, including:

(A) Use in training military personnel or explosives and

munitions emergency response specialists (including training

in proper destruction of unused propellant or other munitions); or

(B) Use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or

(C) Recovery, collection, and on-range destruction of

unexploded ordnance and munitions fragments during range

clearance activities at active or inactive ranges. However,

"use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants

when the burial is not a result of product use.

(ii) An unused munition, or component thereof, is being

repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting disposal

as defined in WAC 173-303-016 (5)(a), or burning for energy

recovery as defined in WAC 173-303-016 (5)(b).

(b) An unused military munition is a solid waste when

any of the following occurs:
Dangerous Waste Regulations 173-303-578

(6/30/09) [Ch. 173-303 WACóp. 105]

(i) The munition is abandoned by being disposed of,

burned, detonated (except during intended use as specified in

(a) of this subsection), incinerated, or treated prior to disposal; or

(ii) The munition is removed from storage in a military

magazine or other storage area for the purpose of being disposed of, burned, or incinerated, or treated prior to disposal;

or

(iii) The munition is deteriorated or damaged (for example, the integrity of the munition is compromised by cracks,

leaks, or other damage) to the point that it cannot be put into

serviceable condition, and cannot reasonably be recycled or

used for other purposes; or

(iv) The munition has been declared a solid waste by an

authorized military official.

(c) A used or fired military munition is a solid waste:

(i) When transported off range or from the site of use,

where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal, or treatment prior to

disposal; or

(ii) If recovered, collected, and then disposed of by

burial, or landfilling either on or off a range.

(d) A used or fired military munition is a solid waste,

and, therefore, is potentially subject to corrective action

under WAC 173-303-646 or imminent and substantial endangerment authorities under WAC 173-303-960, if the munition lands off-range and is not promptly rendered safe and/or

retrieved. Any imminent and substantial threats associated

with any remaining material must be addressed. If remedial

action is infeasible, the operator of the range must maintain a

record of the event for as long as any threat remains. The

record must include the type of munition and its location (to

the extent the location is known).

(e) Military munitions at closed or transferred ranges.

Munitions discharged during military activities are discarded

material (and therefore solid waste) for purposes of WAC

173-303-646 under the following circumstance:

The munition is left in place at the firing range at the

time the range is closed or when the range is transferred from

military control, whichever occurs first.

(3) Standards applicable to emergency responses.

Explosives and munitions emergencies involving military munitions or explosives are subject to WAC 173-303-

170(5), 173-303-240(10), 173-303-400 (2)(c)(xiii), 173-303-

600 (3)(p), and 173-303-800 (7)(c), or alternatively to WAC

173-303-804.

(4) Standards applicable to the storage of solid waste

military munitions.

(a) Criteria for dangerous waste regulation of waste nonchemical military munitions in storage.

(i) Waste military munitions in storage that exhibit a

dangerous waste characteristic, criteria, or are listed as dangerous waste under WAC 173-303-070 are listed or identified as a dangerous waste (and thus are subject to regulation

under this chapter), unless all the following conditions are

met:

(A) The waste military munitions are not chemical

agents or chemical munitions.

(B) The waste military munitions must be subject to the

jurisdiction of the Department of Defense Explosives Safety

Board (DDESB).

(C) The waste military munitions must be stored in

accordance with the DDESB storage standards applicable to

waste military munitions.

(D) Within ninety days of August 12, 1997, or within

ninety days of when a storage unit is first used to store waste

military munitions, whichever is later, the owner or operator

must notify the department of the location of any waste storage unit used to store waste military munitions for which the

conditional exemption in (a)(i) of this subsection is claimed.

(E) The owner or operator must provide oral notice to the

department within twenty-four hours from the time the owner

or operator becomes aware of any loss or theft of the waste

military munitions, or any failure to meet a condition of (a)(i)

of this subsection that may endanger health or the environment. In addition, a written submission describing the circumstances must be provided within five days from the time

the owner or operator becomes aware of any loss or theft of

the waste military munitions or any failure to meet a condition of (a)(i) of this subsection.

(F) The owner or operator must inventory the waste military munitions at least annually, must inspect the waste military munitions at least quarterly for compliance with the

conditions of (a)(i) of this subsection, and must maintain

records of the findings of these inventories and inspections

for at least three years.

(G) Access to the stored waste military munitions must

be limited to appropriately trained and authorized personnel.

(ii) The conditional exemption in (a)(i) of this subsection

from regulation as dangerous waste applies only to the storage of nonchemical waste military munitions. It does not

affect the regulatory status of waste military munitions as

dangerous wastes with regard to transportation, treatment or

disposal.

(iii) The conditional exemption in (a)(i) of this subsection applies only so long as all of the conditions in (a)(i) of

this subsection are met.

(b) Notice of termination of waste storage. The owner or

operator must notify the department when a storage unit identified in (a)(i)(D) of this subsection will no longer be used to

store waste military munitions.

(c) Reinstatement of conditional exemption. If any waste

military munition loses its conditional exemption under (a)(i)

of this subsection, an application may be filed with the

department for reinstatement of the conditional exemption

from dangerous waste storage regulation with respect to such

munition as soon as the munition is returned to compliance

with the conditions of (a)(i) of this subsection. If the department finds that reinstatement of the conditional exemption is

appropriate based on factors such as the owner's or operator's

provision of a satisfactory explanation of the circumstances

of the violation, or a demonstration that the violations are not

likely to recur, the department may reinstate the conditional

exemption under (a)(i) of this subsection. If the director does

not take action on the reinstatement application within sixty

days after receipt of the application, then reinstatement will

be deemed granted, retroactive to the date of the application.

However, the department may terminate a conditional

exemption reinstated by default in the preceding sentence if it

finds that reinstatement is inappropriate based on factors such

as the owner's or operator's failure to provide a satisfactory

explanation of the circumstances of the violation, or failure to
173-303-600 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 106] (6/30/09)

demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under (a)(i) of this subsection, the department may specify additional conditions as are

necessary to ensure and document proper storage to protect

human health and the environment.

(d) Waste chemical munitions.

(i) Waste military munitions that are chemical agents or

chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under WAC 173-

303-070, are listed or identified as a hazardous waste and are

subject to the applicable regulatory requirements of RCRA

subtitle C and the Hazardous Waste Management Act.

(ii) Waste military munitions that are chemical agents or

chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under WAC 173-

303-070, are not subject to the storage prohibition in RCRA

section 3004(j), codified at 40 CFR 268.50 (which is incorporated by reference at WAC 173-303-140 (2)(a)).

(e) Amendments to DDESB storage standards. The

DDESB storage standards applicable to waste military munitions, referenced in subsection (4)(a)(i) of this section, are

DOD 6055.9-STD ("DOD Ammunition and Explosive

Safety Standards"), in effect on November 8, 1995, except as

provided in the following sentence. Any amendments to the

DDESB storage standards will become effective for purposes

of subsection (4)(a)(i) of this section on the date the Department of Defense publishes notice in the Federal Register that

the DDESB standards referenced in subsection (4)(a)(i) of

this section have been amended.

(5) Standards applicable to the treatment and disposal of waste military munitions.

The treatment and disposal of dangerous waste military

munitions are subject to the applicable permitting, procedural, and technical standards of this chapter.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049

(Order 02-03), ß 173-303-578, 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), ß 173-303-578, filed 5/10/00, effective 6/10/00.]

173-303-600 WAC 173-303-600 Final facility standards. Purpose,

scope, and applicability.

(1) The purpose of WAC 173-303-600 through 173-303-

695, is to establish minimum statewide standards which

describe the acceptable management of dangerous waste. In

addition to WAC 173-303-600 through 173-303-695, the

final facility standards include WAC 173-303-280 through

173-303-395.

(2) The final facility standards apply to owners and operators of all facilities which treat, store or dispose of dangerous waste, and which are not exempted by subsection (3) of

this section.

(3) The final facility standards do not apply to:

(a) Persons whose disposal activities are permitted under

the Marine Protection, Research and Sanctuaries Act, except

that storage, or treatment facilities where dangerous waste is

loaded onto an ocean vessel for incineration or disposal at sea

are subject to final facility standards;

(b) Persons whose disposal activities are permitted under

the underground injection control program of the Safe Drinking Water Act, except that storage, or treatment facilities

needed to handle dangerous wastes are subject to final facility standards;

(c) The owner or operator of a POTW which treats,

stores, or disposes of dangerous waste provided he has a permit by rule pursuant to the requirements of WAC 173-303-

802(4);

(d) A generator accumulating waste on site in compliance with WAC 173-303-200;

(e) The owner or operator of a facility which is permitted

to manage solid waste pursuant to chapter 173-350 WAC, if

the only dangerous waste the facility manages is excluded

from regulation under this chapter by WAC 173-303-070(8);

(f) A farmer disposing of waste pesticides from his own

use provided he complies with WAC 173-303-160 (2)(b);

(g) A transporter storing a manifested shipment of dangerous waste for ten days or less in accordance with WAC

173-303-240(6);

(h) Any person, other than an owner or operator who is

already subject to the final facility standards, who is carrying

out an immediate or emergency response to contain or treat a

discharge or potential discharge of a dangerous waste or hazardous substance;

(i) The owner or operator of a facility which is in compliance with the interim status requirements of WAC 173-303-

400 and 173-303-805, until final administrative disposition

of his final facility permit;

(j) The owner or operator of a totally enclosed treatment

facility or elementary neutralization or wastewater treatment

unit as defined in WAC 173-303-040, provided that he has a

permit by rule pursuant to the requirements of WAC 173-

303-802(5); 

(k) The addition, by a generator, of absorbent material to

waste in a container, or of waste to absorbent material in a

container, provided that these actions occur at the time the

waste is first placed in containers or, in the case of repackaging of previously containerized waste into new containers, at

the time the waste is first placed into the new containers and

the generator complies with WAC 173-303-200 (1)(b) and

173-303-395 (1)(a) and (b);

(l) The compaction or sorting of miscellaneous waste

forms such as cans, rags, and bottles in a container, so long as

the activity is solely for the purpose of reducing waste void

space, and so long as these activities are conducted in a manner that protects human health and prevents any release to the

environment and the generator complies with WAC 173-303-

200 (1)(b) and 173-303-395 (1)(a) and (b); 

(m) Generators treating dangerous waste on-site in tanks,

containers, or containment buildings that are used for accumulation of such wastes provided the generator complies

with the WAC 173-303-170(3); 

(n) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in WAC

173-303-040, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001

High TOC Subcategory defined in 40 CFR section 268.40,

Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land

disposal, the owner/operator must comply with the requirements set out in WAC 173-303-395 (1)(a);

(o) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the
Dangerous Waste Regulations 173-303-610

(6/30/09) [Ch. 173-303 WACóp. 107]

wastes listed below. These handlers are subject to regulation

under WAC 173-303-573, when handling the below listed

universal wastes.

(i) Batteries as described in WAC 173-303-573(2);

(ii) Mercury-containing equipment as described in WAC

173-303-573(3); and

(iii) Lamps as described in WAC 173-303-573(5);

(p)(i) Except as provided in (p)(ii) of this subsection, a

person engaged in treatment or containment activities during

immediate response to any of the following situations:

(A) A discharge of a dangerous waste;

(B) An imminent and substantial threat of a discharge of

dangerous waste;

(C) A discharge of a material that, when discharged,

becomes a dangerous waste;

(D) An immediate threat to human health, public safety,

property, or the environment, from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosive or munitions emergency response specialist as defined in WAC 173-

303-040.

(ii) An owner or operator of a facility otherwise regulated by WAC 173-303-600 must comply with all applicable

requirements of WAC 173-303-340 and 173-303-350.

(iii) Any person who is covered by (p)(i) of this subsection and who continues or initiates dangerous waste treatment

or containment activities after the immediate response is over

is subject to all applicable requirements of this chapter for

those activities.

(iv) In the case of an explosives or munitions emergency

response, if a federal, state, tribal or local official acting

within the scope of his or her official responsibilities, or an

explosives or munitions emergency response specialist,

determines that immediate removal of the material or waste is

necessary to protect human health or the environment, that

official or specialist may authorize the removal of the material or waste by transporters who do not have EPA/state identification numbers and without the preparation of a manifest.

In the case of emergencies involving military munitions, the

responding military emergency response specialist's organizational unit must retain records for three years identifying

the dates of the response, the responsible persons responding,

the type and description of material addressed, and its disposition;

(q) WAC 173-303-578 identifies when the requirements

of WAC 173-303-600 apply to the storage of military munitions classified as solid waste under WAC 173-303-578(2).

The treatment and disposal of dangerous waste military

munitions are subject to the applicable permitting, procedural, and technical standards in this chapter.

(4) Reserve.

(5) The owner or operator of a facility which recycles

dangerous waste may, for such recycled wastes only, comply

with the applicable recycling standards specified in WAC

173-303-120 and 173-303-500 through 173-303-525 in lieu

of the final facility standards.

(6) The owner or operator must comply with the special

land disposal restrictions for certain dangerous wastes in

WAC 173-303-140.

(7) The final facility requirements apply to owners or

operators of all facilities that treat, store, or dispose of hazardous wastes referred to in 40 CFR Part 268, which is incorporated by reference at WAC 173-303-140(2).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-600, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-600, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-600, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-600, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-600, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-600, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-600,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

88-18-083 (Order 88-29), ß 173-303-600, filed 9/6/88; 88-07-039 (Order 87-

37), ß 173-303-600, filed 3/11/88; 87-14-029 (Order DE-87-4), ß 173-303-

600, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-600, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-600, filed 4/18/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-600, filed 2/10/82.]

173-303-610 WAC 173-303-610 Closure and post-closure. (1)

Applicability.

(a) Subsections (2) through (6) of this section, (which

concern closure), apply to the owners and operators of all

dangerous waste facilities.

(b) Subsections (7) through (11) of this section, (which

concern post-closure care), apply to the owners and operators

of all regulated units (as defined in WAC 173-303-040) at

which dangerous waste will remain after closure, to tank systems that are required under WAC 173-303-640(8) to meet

the requirements of landfills, to surface impoundments, waste

piles, and miscellaneous units as specified in WAC 173-303-

650(6), 173-303-660(9), and 173-303-680(4), respectively;

to containment buildings that are required under 40 CFR

264.1102 (incorporated by reference at WAC 173-303-695)

to meet the requirements for landfills; and, unless otherwise

authorized by the department, to the owners and operators of

all facilities which, at closure, cannot meet the removal or

decontamination limits specified in subsection (2)(b) of this

section.

(c) Owners and operators of off-site recycling facilities

subject to WAC 173-303-120 (3) or (4), and off-site used oil

processors subject to regulation under WAC 173-303-515(9)

are subject to:

(i) WAC 173-303-610(2) Closure performance standard;

and

(ii) WAC 173-303-610(12) Off-site recycling and used

oil processor closure plans.

(d) For the purposes of the closure and post-closure

requirements, any portion of a facility which closes is subject

to the applicable closure and post-closure standards even if

the rest of the facility does not close and continues to operate.

(e) Except for subsection (2)(a) of this section, the director may, in an enforceable document, replace all or part of the

requirements of this section and the unit-specific requirements referenced in subsection (2)(b) of this section with

alternative requirements when he or she determines:

(i) A dangerous waste unit is situated among other solid

waste management units or areas of concern, a release has

occurred, and both the dangerous waste unit and one or more

of the solid waste management units or areas of concern are

likely to have contributed to the release; and
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[Ch. 173-303 WACóp. 108] (6/30/09)

(ii) It is not necessary to apply the requirements of this

section (or the unit-specific requirements referenced in subsection (2)(b) of this section) because the alternative requirements will protect human health and the environment.

(2) Closure performance standard. The owner or operator must close the facility in a manner that:

(a)(i) Minimizes the need for further maintenance;

(ii) Controls, minimizes or eliminates to the extent necessary to protect human health and the environment, post-closure escape of dangerous waste, dangerous constituents,

leachate, contaminated runoff, or dangerous waste decomposition products to the ground, surface water, ground water, or

the atmosphere; and

(iii) Returns the land to the appearance and use of surrounding land areas to the degree possible given the nature of

the previous dangerous waste activity.

(b) Where the closure requirements of this section, or of

WAC 173-303-630(10), 173-303-640(8), 173-303-650(6),

173-303-655(6), 173-303-655(8), 173-303-660(9), 173-303-

665(6), 173-303-670(8), 173-303-680 (2) through (4), or 40

CFR 264.1102 (incorporated by reference at WAC 173-303-

695) call for the removal or decontamination of dangerous

wastes, waste residues, or equipment, bases, liners, soils or

other materials containing or contaminated with dangerous

wastes or waste residue, then such removal or decontamination must assure that the levels of dangerous waste or dangerous waste constituents or residues do not exceed:

(i) For soils, ground water, surface water, and air, the

numeric cleanup levels calculated using unrestricted use

exposure assumptions according to the Model Toxics Control

Act Regulations, chapter 173-340 WAC as of the effective

date or hereafter amended. Primarily, these will be numeric

cleanup levels calculated according to MTCA Method B,

although MTCA Method A may be used as appropriate, see

WAC 173-340-700 through 173-340-760, excluding WAC

173-340-745; and

(ii) For all structures, equipment, bases, liners, etc., clean

closure standards will be set by the department on a case-bycase basis in accordance with the closure performance standards of WAC 173-303-610 (2)(a)(ii) and in a manner that

minimizes or eliminates post-closure escape of dangerous

waste constituents.

(3) Closure plan; amendment of plan.

(a) The owner or operator of a dangerous waste management facility must have a written closure plan. In addition,

certain surface impoundments and waste piles from which

the owner or operator intends to remove or decontaminate the

dangerous waste at partial or final closure are required by

WAC 173-303-650(6) and 173-303-660(9) to have contingent closure plans. The plan must be submitted with the permit application, in accordance with WAC 173-303-806(4),

and approved by the department as part of the permit issuance

procedures under WAC 173-303-840. The approved closure

plan will become a condition of any permit. The department's

decision must assure that the approved closure plan is consistent with subsections (2), (3), (4), (5), and (6) of this section,

and the applicable requirements of WAC 173-303-630(10),

173-303-640(8), 173-303-645, 173-303-650(6), 173-303-

655(8), 173-303-660(9), 173-303-665(6), 173-303-670(8),

173-303-680(2), and 40 CFR 264.1102 (incorporated by reference at WAC 173-303-695). A copy of the approved plan

and all revisions to the plan must be furnished to the department upon request, including request by mail until final closure is completed and certified in accordance with subsection

(6) of this section. The plan must identify steps necessary to

perform partial and/or final closure of the facility at any point

during its active life. The closure plan must include at least:

(i) A description of how each dangerous waste management unit at the facility will be closed in accordance with

subsection (2) of this section;

(ii) A description of how final closure of the facility will

be conducted in accordance with subsection (2) of this section. The description must identify the maximum extent of

the operation which will be unclosed during the active life of

the facility;

(iii) An estimate of the maximum inventory of dangerous

wastes ever on-site over the active life of the facility. (Any

change in this estimate is a Class 1 modification with prior

approval under WAC 173-303-830(4));

(iv) A detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing,

or disposing of all dangerous wastes, and identification of the

type(s) of the off-site dangerous waste management units to

be used, if applicable;

(v) A detailed description of the steps needed to remove

or decontaminate all dangerous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but

not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of

decontamination required to satisfy the closure performance

standard;

(vi) A detailed description of other activities necessary

during the closure period to ensure that all partial closures

and final closure satisfy the closure performance standards,

including, but not limited to, ground water monitoring,

leachate collection, and run-on and runoff control; 

(vii) A schedule for closure of each dangerous waste

management unit and for final closure of the facility. The

schedule must include, at a minimum, the total time required

to close each dangerous waste management unit and the time

required for intervening closure activities which will allow

tracking of the progress of partial and final closure. (For

example, in the case of a landfill unit, estimates of the time

required to treat or dispose of all dangerous waste inventory

and of the time required to place a final cover must be

included.); and

(viii) For facilities that use trust funds to establish financial assurance under WAC 173-303-620 (4) or (6) and that

are expected to close prior to the expiration of the permit, an

estimate of the expected year of final closure.

(ix) For facilities where the director has applied alternative requirements under subsection (1) (e) of this section,

WAC 173-303-645 (1)(e), or 173-303-620 (8)(d), the closure

plan must include either the alternative requirements or a reference to the enforceable document that contains the alternative requirements.

(b) The owner or operator must submit a written notification of or request for a permit modification to authorize a

change in operating plans, facility design, or the approved
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(6/30/09) [Ch. 173-303 WACóp. 109]

closure plan in accordance with the applicable procedures in

WAC 173-303-800 through 173-303-840. The written notification or request must include a copy of the amended closure

plan for review or approval by the department.

(i) The owner or operator may submit a written notification or request to the department for a permit modification to

amend the closure plan at any time prior to the notification of

partial or final closure of the facility.

(ii) The owner or operator must submit a written notification of or request for a permit modification to authorize a

change in the approved closure plan whenever:

(A) Changes in operating plans or facility design affect

the closure plan; or

(B) There is a change in the expected year of closure, if

applicable; or

(C) In conducting partial or final closure activities, unexpected events require a modification of the approved closure

plan; or

(D) The owner/operator requests the director apply alternative requirements under subsection (1) (e) of this section,

WAC 173-303-645 (1)(e), or 173-303-620 (8)(d).

(iii) The owner or operator must submit a written request

for a permit modification including a copy of the amended

closure plan for approval at least sixty days prior to the proposed change in facility design or operation, or no later than

sixty days after an unexpected event has occurred which has

affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator

must request a permit modification no later than thirty days

after the unexpected event. An owner or operator of a surface

impoundment or waste pile that intends to remove all dangerous waste at closure and is not otherwise required to prepare

a contingent closure plan under WAC 173-303-650(6) or

173-303-660(9), must submit an amended closure plan to the

department no later than sixty days from the date that the

owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the requirements of WAC 173-303-665, or no later

than thirty days from that date if the determination is made

during partial or final closure. The department will approve,

disapprove, or modify this amended plan in accordance with

the procedures in WAC 173-303-800 through 173-303-840.

The approved closure plan will become a condition of any

permit issued.

(iv) The department may request modifications to the

plan under the conditions described in (b)(ii) of this subsection. The owner or operator must submit the modified plan

within sixty days of the department's request, or within thirty

days if the change in facility conditions occurs during partial

or final closure. Any modifications requested by the department will be approved in accordance with the procedures in

WAC 173-303-800 through 173-303-840.

(c) Notification of partial closure and final closure.

(i) The owner or operator must notify the department in

writing at least sixty days prior to the date on which they

expect to begin closure of a surface impoundment, waste pile,

land treatment, or landfill unit, or final closure of a facility

with such a unit. The owner or operator must notify the

department in writing at least forty-five days prior to the date

on which they expect to begin closure of a treatment or storage tank, container storage, or incinerator unit, or final closure of a facility with only such units.

(ii) The date when he "expects to begin closure" must be

either:

(A) No later than thirty days after the date on which any

dangerous waste management unit receives the known final

volume of dangerous wastes or, if there is a reasonable possibility that the dangerous waste management unit will receive

additional dangerous wastes, no later than one year after the

date on which the unit received the most recent volume of

dangerous waste. If the owner or operator of a dangerous

waste management unit can demonstrate to the department

that the dangerous waste management unit or facility has the

capacity to receive additional dangerous wastes and he has

taken, and will continue to take, all steps to prevent threats to

human health and the environment, including compliance

with all applicable permit requirements, the department may

approve an extension to this one-year limit; or

(B) For units meeting the requirements of subsection

(4)(d) of this section, no later than thirty days after the date on

which the dangerous waste management unit receives the

known final volume of nondangerous wastes, or if there is a

reasonable possibility that the dangerous waste management

unit will receive additional nondangerous wastes, no later

than one year after the date on which the unit received the

most recent volume of nondangerous wastes. If the owner or

operator can demonstrate to the department that the dangerous waste management unit has the capacity to receive additional nondangerous wastes and he has taken, and will continue to take, all steps to prevent threats to human health and

the environment, including compliance with all applicable

permit requirements, the department may approve an extension to this one-year limit.

(iii) If the facility's permit is terminated, or if the facility

is otherwise ordered, by judicial decree or final order to cease

receiving dangerous wastes or to close, then the requirements

of (c) of this subsection do not apply. However, the owner or

operator must close the facility in accordance with the deadlines established in subsection (4) of this section.

(iv) Removal of wastes and decontamination or dismantling of equipment. Nothing in this subsection will preclude

the owner or operator from removing dangerous wastes and

decontaminating or dismantling equipment in accordance

with the approved partial or final closure plan at any time

before or after notification of partial or final closure.

(4) Closure; time allowed for closure.

(a) Within ninety days after receiving the final volume of

dangerous wastes, or the final volume of nondangerous

wastes if the owner or operator complies with all applicable

requirements in (d) and (e) of this subsection, at a dangerous

waste management unit or facility, the owner or operator

must treat, remove from the unit or facility, or dispose of on

site, all dangerous wastes in accordance with the approved

closure plan. The department may approve a longer period if

the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that he has taken and will continue to take all steps to

prevent threats to human health and the environment, including compliance with all applicable permit requirements, and

either:
173-303-610 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 110] (6/30/09)

(i) The activities required to comply with this paragraph

will, of necessity, take longer than ninety days to complete;

or

(ii)(A) The dangerous waste management unit or facility

has the capacity to receive additional dangerous wastes, or

has the capacity to receive nondangerous wastes if the owner

or operator complies with (d) and (e) of this subsection;

(B) There is a reasonable likelihood that he or another

person will recommence operation of the dangerous waste

management unit or the facility within one year; and

(C) Closure of the dangerous waste management unit or

facility would be incompatible with continued operation of

the site.

(b) The owner or operator must complete partial and

final closure activities in accordance with the approved closure plan and within one hundred eighty days after receiving

the final volume of dangerous wastes, or the final volume of

nondangerous wastes if the owner or operator complies with

all applicable requirements in (d) and (e) of this subsection, at

the dangerous waste management unit or facility. The department may approve an extension to the closure period if the

owner or operator complies with all applicable requirements

for requesting a modification to the permit and demonstrates

that he has taken and will continue to take all steps to prevent

threats to human health and the environment from the

unclosed but not operating dangerous waste management unit

or facility, including compliance with all applicable permit

requirements, and either:

(i) The partial or final closure activities will, of necessity, take longer than one hundred eighty days to complete; or

(ii)(A) The dangerous waste management unit or facility

has the capacity to receive additional dangerous wastes, or

has the capacity to receive nondangerous wastes if the owner

or operator complies with (d) and (e) of this subsection;

(B) There is reasonable likelihood that he or another person will recommence operation of the dangerous waste management unit or the facility within one year; and

(C) Closure of the dangerous waste management unit or

facility would be incompatible with continued operation of

the site.

(c) The demonstrations referred to in (a)(i) and (b)(i) of

this subsection must be made as follows: The demonstrations

in (a)(i) of this subsection must be made at least thirty days

prior to the expiration of the specified ninety-day period; and

the demonstration in (b)(i) of this subsection must be made at

least thirty days prior to the expiration of the specified one

hundred eighty-day period unless the owner or operator is

otherwise subject to the deadlines in (d) of this subsection.

(d) The department may allow an owner or operator to

receive only nondangerous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of

dangerous wastes at that unit if:

(i) The owner or operator requests a permit modification

in compliance with all applicable requirements in WAC 173-

303-830 and 40 CFR Part 124 and in the permit modification

request demonstrates that:

(A) The unit has the existing design capacity as indicated

on the part A application to receive nondangerous wastes;

and

(B) There is a reasonable likelihood that the owner or

operator or another person will receive nondangerous wastes

in the unit within one year after the final receipt of dangerous

wastes; and

(C) The nondangerous wastes will not be incompatible

with any remaining wastes in the unit, or with the facility

design and operating requirements of the unit or facility

under this part; and

(D) Closure of the dangerous waste management unit

would be incompatible with continued operation of the unit

or facility; and

(E) The owner or operator is operating and will continue

to operate in compliance with all applicable permit requirements; and

(ii) The request to modify the permit includes an

amended wastes analysis plan, ground water monitoring and

response program, human exposure assessment required

under RCRA section 3019, and closure and post-closure plan,

and updated cost estimates and demonstrations of financial

assurance for closure and post-closure care as necessary and

appropriate, to reflect any changes due to the presence of

dangerous constituents in the nondangerous wastes, and

changes in closure activities, including the expected year of

closure if applicable under subsection (3)(a)(viii) of this section, as a result of the receipt of nondangerous wastes following the final receipt of dangerous wastes; and

(iii) The request to modify the permit includes revisions,

as necessary and appropriate, to affected conditions of the

permit to account for the receipt of nondangerous wastes following receipt of the final volume of dangerous wastes; and

(iv) The request to modify the permit and the demonstration referred to in (d)(i) and (ii) of this subsection are submitted to the department no later than one hundred twenty days

prior to the date on which the owner or operator of the facility

receives the known final volume of dangerous wastes at the

unit, or no later than ninety days after the effective date of

this rule in the state in which the unit is located, whichever is

later.

(e) In addition to the requirements in (d) of this subsection, an owner or operator of a dangerous wastes surface

impoundment that is not in compliance with the liner and

leachate collection system requirements in 42 U.S.C. 3004

(o)(1) and 3005 (j)(1) or 42 U.S.C. 3004 (o)(2) or (3) or 3005

(j)(2), (3), (4) or (13) must:

(i) Submit with the request to modify the permit:

(A) A contingent corrective measures plan, unless a corrective action plan has already been submitted under WAC

173-303-645(10); and

(B) A plan for removing dangerous wastes in compliance

with (e)(ii) of this subsection; and

(ii) Remove all dangerous wastes from the unit by

removing all dangerous liquids, and removing all dangerous

sludges to the extent practicable without impairing the integrity of the liner(s), if any.

(iii) Removal of dangerous wastes must be completed no

later than ninety days after the final receipt of dangerous

wastes. The department may approve an extension to this

deadline if the owner or operator demonstrates that the

removal of dangerous wastes will, of necessity, take longer

than the allotted period to complete and that an extension will

not pose a threat to human health and the environment.

(iv) If a release that is a statistically significant increase

(or decrease in the case of pH) over background values for
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(6/30/09) [Ch. 173-303 WACóp. 111]

detection monitoring parameters of constituents specified in

the permit or that exceeds the facility's ground water protection standard at the point of compliance, if applicable, is

detected in accordance with the requirements in WAC 173-

303-645, the owner or operator of the unit:

(A) Must implement corrective measures in accordance

with the approved contingent corrective measures plan

required by (e)(i) of this subsection no later than one year

after detection of the release, or approval of the contingent

corrective measures plan, whichever is later;

(B) May continue to receive wastes at the unit following

detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of

wastes will not impede corrective action; and

(C) May be required by the department to implement

corrective measures in less than one year or to cease the

receipt of wastes until corrective measures have been implemented if necessary to protect human health and the environment.

(v) During the period of corrective action, the owner or

operator must provide semiannual reports to the department

that describe the progress of the corrective action program,

compile all ground water monitoring data, and evaluate the

effect of the continued receipt of nondangerous wastes on the

effectiveness of the corrective action.

(vi) The department may require the owner or operator to

commence closure of the unit if the owner or operator fails to

implement corrective action measures in accordance with the

approved contingent corrective measures plan within one

year as required in (e)(iv) of this subsection, or fails to make

substantial progress in implementing corrective action and

achieving the facility's ground water protection standard or

background levels if the facility has not yet established a

ground water protection standard.

(vii) If the owner or operator fails to implement corrective measures as required in (e)(iv) of this subsection or if the

department determines that substantial progress has not been

made pursuant to (e)(vi) of this subsection the department

will:

(A) Notify the owner or operator in writing that the

owner or operator must begin closure in accordance with the

deadline in (a) and (b) of this subsection and provide a

detailed statement of reasons for this determination; and

(B) Provide the owner or operator and the public,

through a newspaper notice, the opportunity to submit written

comments on the decision no later than twenty days after the

date of the notice.

(C) If the department receives no written comments, the

decision will become final five days after the close of the

comment period. The department will notify the owner or

operator that the decision is final, and that a revised closure

plan, if necessary, must be submitted within fifteen days of

the final notice and that closure must begin in accordance

with the deadlines in (a) and (b) of this subsection.

(D) If the department receives written comments on the

decision, it will make a final decision within thirty days after

the end of the comment period, and provide the owner or

operator in writing and the public through a newspaper

notice, a detailed statement of reasons for the final decision.

If the department determines that substantial progress has not

been made, closure must be initiated in accordance with the

deadlines in (a) and (b) of this subsection.

(E) The final determinations made by the department

under (e)(vii)(C) and (D) of this subsection are not subject to

administrative appeal.

(5) Disposal or decontamination of equipment, structures and soils. During the partial and final closure periods,

all contaminated equipment, structures and soils must be

properly disposed of or decontaminated unless otherwise

specified in WAC 173-303-640(8), 173-303-650(6), 173-

303-655(8), 173-303-660(9), 173-303-665(6), or under the

authority of WAC 173-303-680 (2) and (4). By removing any

dangerous wastes or dangerous constituents during partial

and final closure, the owner or operator may become a generator of dangerous waste and must handle that waste in accordance with all applicable requirements of WAC 173-303-170

through 173-303-230.

(6) Certification of closure. Within sixty days of completion of closure of each dangerous waste management unit

(including tank systems and container storage areas), and

within sixty days of the completion of final closure, the

owner or operator must submit to the department by registered mail, a certification that the dangerous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan.

The certification must be signed by the owner or operator and

by an independent qualified registered professional engineer.

Documentation supporting the independent qualified registered professional engineer's certification must be furnished

to the department upon request until it releases the owner or

operator from the financial assurance requirements for closure under WAC 173-303-620(4).

(7) Post-closure care and use of property.

(a) Post-closure care for each dangerous waste management unit subject to post-closure requirements must begin

after completion of closure of the unit and continue for thirty

years after that date and must consist of at least the following:

(i) Ground water monitoring and reporting as required by

WAC 173-303-645, 173-303-650, 173-303-655, 173-303-

660, 173-303-665, and 173-303-680; and

(ii) Maintenance and monitoring of waste containment

systems as applicable.

(b) Any time preceding partial closure of a dangerous

waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure

period for a particular unit, the department may, in accordance with the permit modification procedures in WAC 173-

303-800 through 173-303-840:

(i) Shorten the post-closure care period applicable to the

dangerous waste management unit, or facility, if all disposal

units have been closed, if it finds that the reduced period is

sufficient to protect human health and the environment (e.g.,

leachate or ground water monitoring results, characteristics

of the dangerous waste, application of advanced technology,

or alternative disposal, treatment, or reuse techniques indicate that the dangerous waste management unit or facility is

secure); or

(ii) Extend the post-closure care period applicable to the

dangerous waste management unit or facility if it finds that

the extended period is necessary to protect human health and

the environment (e.g., leachate or ground water monitoring
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[Ch. 173-303 WACóp. 112] (6/30/09)

results indicate a potential for migration of dangerous waste

at levels which may be harmful to human health and the environment).

(c) The department may require, at partial or final closure, continuation of any of the security requirements of

WAC 173-303-310 during part or all of the post-closure

period when:

(i) Dangerous wastes may remain exposed after completion of partial or final closure; or

(ii) Access by the public or domestic livestock may pose

a hazard to human health.

(d) Post-closure use of property on or in which dangerous wastes remain after partial or final closure must never be

allowed to disturb the integrity of the final cover, liner(s), or

any other components of any containment system, or the

function of the facility's monitoring systems, unless the

department finds that the disturbance:

(i) Is necessary to the proposed use of the property, and

will not increase the potential hazard to human health or the

environment; or

(ii) Is necessary to reduce a threat to human health or the

environment.

(e) All post-closure care activities must be in accordance

with the provisions of the approved post-closure plan as specified in subsection (8) of this section.

(8) Post-closure plan; amendment of plan.

(a) The owner or operator of a dangerous waste disposal

unit must have a written post-closure plan. In addition, certain surface impoundments and certain piles from which the

owner or operator intends to remove or decontaminate the

dangerous wastes at partial or final closure are required by

WAC 173-303-650 and 173-303-660, respectively, to have

written contingent post-closure plans. Owners or operators of

surface impoundments and waste piles not otherwise required

to prepare contingent post-closure plans under WAC 173-

303-650 or 173-303-660 must submit a post-closure plan to

the department within ninety days from the date that the

owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the post-closure requirements. The plan must be submitted with the permit application, in accordance with WAC

173-303-806, and approved by the department as part of the

permit issuance procedures under WAC 173-303-840. The

approved post-closure plan will become a condition of any

permit issued.

(b) For each dangerous waste management unit subject

to the requirements of this subsection, the post-closure plan

must identify the activities which will be carried on after closure and the frequency of these activities, and include at least:

(i) A description of the planned ground water monitoring

activities and frequencies at which they will be performed;

(ii) A description of the planned maintenance activities,

and frequencies at which they will be performed to comply

with WAC 173-303-645, 173-303-650, 173-303-655, 173-

303-660, 173-303-665, and 173-303-680 during the post-closure care period, to ensure:

(A) The integrity of the cap and final cover or other containment structures in accordance with the requirements of

173-303-645, 173-303-650, 173-303-655, 173-303-660, 173-

303-665, and 173-303-680; and

(B) The function of the facility monitoring equipment;

(iii) The name, address, and phone number of the person

or office to contact about the dangerous waste disposal unit or

facility during the post-closure care period;

(iv) And, for facilities where the director has applied

alternative requirements under subsection (1) (e) of this section, WAC 173-303-645 (1)(e) or 173-303-620 (8)(d), the

post-closure plan must include either the alternative requirements or a reference to the enforceable document that contains the alternative requirements.

(c) Until final closure of the facility, a copy of the

approved post-closure plan must be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in

(b)(iii) of this subsection must keep the approved post-closure plan during the remainder of the post-closure period.

(d) Amendment of plan. The owner or operator must

submit a written notification of or request for a permit modification to authorize a change in the approved post-closure

plan in accordance with the applicable requirements of WAC

173-303-800 through 173-303-840. The written notification

or request must include a copy of the amended post-closure

plan for review or approval by the department.

(i) The owner or operator may submit a written notification or request to the department for a permit modification to

amend the post-closure plan at any time during the active life

of the facility or during the post-closure care period.

(ii) The owner or operator must submit a written notification of or request for a permit modification to authorize a

change in the approved post-closure plan whenever:

(A) Changes in operating plans or facility design affect

the approved post-closure plan; or

(B) There is a change in the expected year of final closure, if applicable; or

(C) Events which occur during the active life of the facility, including partial and final closures, affect the approved

post-closure plan; or

(D) The owner/operator requests the director to apply

alternative requirements under subsection (1) (e) of this section, WAC 173-303-645 (1)(e), or 173-303-620 (8)(d).

(iii) The owner or operator must submit a written request

for a permit modification at least sixty days prior to the proposed change in facility design or operation, or no later than

sixty days after an unexpected event has occurred which has

affected the post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all

dangerous waste at closure and is not otherwise required to

submit a contingent post-closure plan under WAC 173-303-

650 or 173-303-660 must submit a post-closure plan to the

department no later than ninety days after the date that the

owner or operator or department determines that the dangerous waste management unit must be closed as a landfill, subject to the requirements of WAC 173-303-665. The department will approve, disapprove, or modify this plan in accordance with the procedures in WAC 173-303-800 through

173-303-840. The approved post-closure plan will become a

permit condition.

(iv) The department may request modifications to the

plan under the conditions described in (d)(ii) of this subsection. The owner or operator must submit the modified plan

no later than sixty days after the department's request, or no

later than ninety days if the unit is a surface impoundment or
Dangerous Waste Regulations 173-303-610

(6/30/09) [Ch. 173-303 WACóp. 113]

waste pile not previously required to prepare a contingent

post-closure plan. Any modifications requested by the

department will be approved, disapproved, or modified in

accordance with the procedures in WAC 173-303-800

through 173-303-840.

(9) Notice to local land authority. No later than the submission of the certification of closure of each dangerous

waste disposal unit, the owner or operator of a disposal facility must submit to the local zoning authority or the authority

with jurisdiction over local land use and to the department a

survey plat indicating the location and dimensions of landfill

cells or other dangerous waste disposal units with respect to

permanently surveyed benchmarks. This plat must be prepared and certified by a professional land surveyor. The plat

filed with the local zoning authority or the authority with

jurisdiction over local land use must contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the dangerous waste disposal

unit in accordance with the applicable requirements of this

section. In addition, no later than sixty days after certification

of closure of each dangerous waste disposal unit, the owner

or operator must submit to the local zoning authority or the

authority with jurisdiction over local land use and to the

department, a record of the type, location, and quantity of

dangerous wastes disposed of within each cell or other disposal unit of the facility. For wastes disposed of before

November 19, 1980 (March 12, 1982, for facilities subject to

this chapter but not subject to 40 CFR Part 264), the owner or

operator must identify the type, location, and quantity of the

dangerous wastes to the best of his knowledge and in accordance with any records he has kept.

(10) Notice in deed to property.

(a) No later than sixty days after certification of closure

of each dangerous waste disposal unit, the owner or operator

must submit to the local zoning authority, or the authority

with jurisdiction over local land use, and to the department a

record of the type, location, and quantity of dangerous wastes

disposed of within each cell or other disposal unit of the facility. For hazardous wastes (as defined in WAC 173-303-040)

disposed of before January 12, 1981, the owner or operator

must identify the type, location, and quantity of the dangerous wastes to the best of his knowledge and in accordance

with any records he has kept.

(b) Within sixty days of certification of closure of the

first dangerous waste disposal unit and within sixty days of

certification of closure of the last dangerous waste disposal

unit, the owner or operator must:

(i) Record, in accordance with state law, a notation on

the deed to the facility property, or on some other instrument

which is normally examined during title search, that will in

perpetuity notify any potential purchaser of the property that:

(A) The land has been used to manage dangerous wastes;

(B) Its use is restricted under this section; and

(C) The survey plat and record of the type, location, and

quantity of dangerous wastes disposed of within each cell or

other dangerous waste disposal unit of the facility required in

subsection (9) of this section have been filed with the local

zoning authority, or the authority with jurisdiction over local

land use, and with the department; and

(ii) Submit a certification, signed by the owner or operator, that he has recorded the notation specified in (b)(i) of this

subsection, including a copy of the document in which the

notation has been placed, to the department.

(c) If the owner or operator or any subsequent owner of

the land upon which a dangerous waste facility was located

wishes to remove dangerous wastes and dangerous waste residues, the liner, if any, or contaminated soils, he must request

a modification to the post-closure permit in accordance with

the applicable requirements in WAC 173-303-800 through

173-303-840. The owner or operator must demonstrate that

the removal of dangerous wastes will satisfy the criteria of

subsection (7)(d) of this section. By removing dangerous

waste, the owner or operator may become a generator of dangerous waste and must manage it in accordance with all

applicable requirements of this chapter. If he is granted a permit modification or otherwise granted approval to conduct

such removal activities, the owner or operator may request

that the department approve either:

(i) The removal of the notation on the deed to the facility

property or other instrument normally examined during title

search; or

(ii) The addition of a notation to the deed or instrument

indicating the removal of the dangerous waste.

(11) Certification of completion of post-closure care. No

later than sixty days after completion of the established postclosure care period for each dangerous waste disposal unit,

the owner or operator must submit to the department, by registered mail, a certification that the post-closure care period

for the dangerous waste disposal unit was performed in

accordance with the specifications in the approved post-closure plan. The certification must be signed by the owner or

operator and an independent qualified registered professional

engineer. Documentation supporting the independent qualified registered professional engineer's certification must be

furnished to the department upon request until he releases the

owner or operator from the financial assurance requirements

for post-closure care under WAC 173-303-620(6).

(12) Off-site recycling and used oil processor closure

plans. The owner or operator of an off-site recycling facility

subject to regulation under WAC 173-303-120 (3), (4), or

used oil processor or rerefiner subject to WAC 173-303-

515(9) must have a written closure plan.

(a) Submittal. For new facilities, the closure plan must be

submitted with the notification required under WAC 173-

303-060. For existing facilities, the closure plan must be submitted within one hundred eighty days of the effective date of

this regulation. For closure plans denied under (b) of this subsection that will be resubmitted, the amended plan must be

resubmitted within ninety days after the owner or operator

receives the denial.

(b) Review by department. Decision to approve or deny.

Closure plans must be submitted to department for review,

comment, approval or denial. The department decision to

approve a closure plan must assure it is consistent with

requirements in subsections (2) and (12) of this section. The

department decision to deny a closure plan must be justified

on the inability or unwillingness of the owner and operator to

meet requirements in subsections (2) and (12) of this section

or WAC 173-303-620 (1)(e). The department's decision may

be appealed under the provisions of WAC 173-303-845.

(c) Availability. A copy of the approved closure plan and

all updates to the plan must be maintained at the facility and
173-303-620 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 114] (6/30/09)

furnished to the department upon request, including request

by mail, until final closure is completed and certified in

accordance with subsection (6) of this section.

(d) Contents of plan. The closure plan must identify steps

necessary to perform final closure of recycling units at any

point during its active life. The closure plan must include at

least:

(i) An estimate of the maximum inventory of dangerous

wastes or used oil ever on-site over the active life of the facility;

(ii) Descriptions, schedules, and disposal or decontamination procedures in subsections (3), (4), (5), (6) of this section, except any provisions dealing with permits, permit

applications, modifications or approvals. The term "recycling

unit" will replace the terms "dangerous waste management

unit" or "regulated unit" in these subsections. Any references

to permits or permit modifications in these subsections do not

apply.

(e) Obligation to amend. At least sixty days prior to a

major change at an off-site recycling or used oil processor/rerefining facility, the owners/operator of that facility

must submit an amended closure plan. A major change may

include the addition of a recycling or recovery process that is

subject to WAC 173-303-120 (3) or (4), any increase in the

maximum inventory of dangerous waste or used oil described

in the previously approved closure plan, the closure of an

existing recycling unit, or a change in ownership or operational control. The department must approve or deny, with

justification, the revised closure plan. Refer to (a) of this subsection when a closure plan is denied if the closure plan needs

to be resubmitted. Alternatively, the owner or operator may

challenge the denial pursuant to WAC 173-303-845.

(f) Notification of closure. At least forty-five days prior

to closure, an owner/operator must provide written notice to

department of intent to close.

(g) Relationship to closure plans for permitted facilities.

A facility owner/operator that is subject to permitting and

closure planning requirements for storage, treatment or disposal that is also required to prepare a closure plan for off-site

recycling or used oil processing/rerefining, may satisfy the

requirements of this subsection by combining all closure

requirements in a single closure plan.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-610, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-610, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-610, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-610, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-610, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-610, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-610,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-610, filed 1/4/89; 87-14-029 (Order

DE-87-4), ß 173-303-610, filed 6/26/87; 84-14-031 (Order DE 84-22), ß

173-303-610, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-610, filed

2/10/82.]

173-303-620 WAC 173-303-620 Financial requirements. (1)

Applicability.

(a) The requirements of subsections (3), (4), (7), (8), (9),

and (10) of this section, apply to owners and operators of all

dangerous waste facilities, except as provided otherwise in

this section.

(b) The requirements of subsections (5) and (6) of this

section apply to owners and operators of:

(i) Dangerous waste disposal facilities;

(ii) Tank systems that are required under WAC 173-303-

640(8) to meet the requirements of landfills;

(iii) Miscellaneous units as specified in WAC 173-303-

680(4);

(iv) Waste piles and surface impoundments to the extent

that WAC 173-303-650 and 173-303-660, respectively,

require that such facilities comply with this section; and

(v) Containment buildings that are required under WAC

173-303-695 to meet the requirements for landfills.

(c) States and the federal government are exempt from

the requirements of this section. Operators of state or federally owned facilities are exempt from the requirements of this

section, except subsections (3) and (5) of this section. Operators of facilities who are under contract with (but not owned

by) the state or federal government must meet all of the

requirements of this section.

(d) The director may, in an enforceable document,

replace all or part of the requirements of this section with

alternative requirements for financial assurance when he or

she:

(i) Applies alternative requirements for ground water

monitoring, closure or post-closure under WAC 173-303-610

(1)(d) or 173-303-645 (1)(e); and

(ii) Determines that it is not necessary to apply the

requirements of this section because the alternative requirements will protect human health and the environment.

(e) Except as provided in (c) of this subsection, the

requirements of subsections (3), (4), (8), (9) and (10) of this

section apply to owners and operators of off-site recycling

facilities and processors/rerefiners of used oil, except the

term "recycling unit" will replace the terms "dangerous waste

management unit" or "regulated unit."

(i) If the closure plan for an off-site recycling or used oil

processing/rerefining facility has not been approved by the

department within one year of submittal to the department,

the department may determine the closure cost estimate and

direct the facility to establish financial assurance in that

amount. Note that the schedule for partially funded trust

funds for existing facilities of WAC 173-303-620 (4)(c)(i)

may apply.

(ii) Relationship to closure cost estimates and financial

responsibility for permitted facilities. A facility owner/operator that is subject to closure cost estimating and financial

responsibility requirements for dangerous waste management

units and recycling unit may choose to consolidate those

requirements into a single mechanism for submittal to the

department.

(2) Definitions. As used in this section, the following

listed or referenced terms have the meanings given below:

(a) "Closure plan" means the plan for closure prepared in

accordance with the requirements of WAC 173-303-610(3),

or for off-site recycling or used oil processing facilities prepared in accordance with WAC 173-303-610(12);

(b) "Current closure cost estimate" means the most

recent of the estimates prepared in accordance with subsection (3) of this section;
Dangerous Waste Regulations 173-303-620

(6/30/09) [Ch. 173-303 WACóp. 115]

(c) "Current post-closure cost estimate" means the most

recent of the estimates prepared in accordance with subsection (5) of this section;

(d) "Parent corporation" means a corporation which

directly owns at least fifty percent of the voting stock of the

corporation which is the facility owner or operator; the latter

corporation is deemed a "subsidiary" of the parent corporation;

(e) "Post-closure plan" means the plan for post-closure

care prepared in accordance with the requirements of WAC

173-303-610 (7), (8), (9), and (10);

(f) "Regional administrator" means the department;

(g) "Hazardous waste" means dangerous waste; and

(h) The additional terms listed and defined in 40 CFR

264.141 (f), (g), and (h) are incorporated by reference.

(3) Cost estimate for facility closure.

(a) The owner or operator must have a detailed written

estimate, in current dollars, of the cost of closing the facility

in accordance with the requirements in WAC 173-303-610

(2) through (6), and applicable closure requirements in WAC

173-303-630(10), 173-303-640(5), 173-303-650(6), 173-

303-655(8), 173-303-660(9), 173-303-665(6), 173-303-

670(8), 173-303-680 (2) through (4) and 173-303-695. The

closure cost estimate:

(i) Must equal the cost of closure at the point in the facility's operating life when the extent and manner of its operation would make closure the most expensive, as indicated by

its closure plan (see WAC 173-303-610 (3)(a));

(ii) Must be based on the costs to the owner or operator

of hiring a third party to close the facility. A third party is a

party who is neither a parent nor a subsidiary of the owner or

operator. (See definition of parent corporation in subsection

(2)(d) of this section.) The owner or operator may use costs

for on-site disposal if he can demonstrate that on-site disposal

capacity will exist at all times over the life of the facility;

(iii) May not incorporate any salvage value that may be

realized with the sale of dangerous wastes, or nondangerous

wastes if applicable under WAC 173-303-610 (4)(d), facility

structures or equipment, land, or other assets associated with

the facility at the time of partial or final closure;

Except that, off-site recyclers subject to WAC 173-303-

120 (3) or (4), or off-site used oil processors subject to WAC

173-303-515(9) may exclude the estimated value for certain

types of recyclable materials from the estimated cost of closing a recycling unit. This exclusion may include dangerous

wastes or used oil held in tanks or containers that are dedicated solely to the management of recyclable materials that

will require only incidental processing prior to producing a

product that may be sold to the general public. Incidental

processing may include simple screening or filtering to

remove minor amounts of foreign material or removal of less

than five percent water by volume; and

(iv) May not incorporate a zero cost for dangerous

wastes, or nondangerous wastes if applicable under WAC

173-303-610 (4)(d), that might have economic value.

(b) During the active life of the facility, the owner or

operator must revise the closure cost estimate no later than

thirty days after the department has approved the request to

modify the closure plan, if the change in the closure plan

increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in (c)(i) and

(ii) of this subsection.

(c) During the active life of the facility, the owner or

operator must adjust the closure cost estimate for inflation

within sixty days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with

this section. For owners and operators using the financial test

or corporate guarantee, the closure cost estimate must be

updated for inflation within thirty days after the close of the

firm's fiscal year and before submission of updated information to the department as specified in subsection (4) of this

section. The adjustment may be made by recalculating the

maximum costs of closure in current dollars, or by using an

inflation factor derived from the most recent Implicit Price

Deflator for Gross National Product or Gross Domestic

Product as published by the United States Department of

Commerce in its survey of current business. The inflation

factor is the result of dividing the latest published annual

deflator by the deflator for the previous year.

(i) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the

adjusted closure cost estimate.

(ii) Subsequent adjustments are made by multiplying the

latest adjusted closure cost estimate by the latest inflation

factor.

(d) During the operating life of the facility, the owner or

operator must keep at the facility the latest closure cost estimate prepared in accordance with (a) and (b) of this subsection, and, when this estimate has been adjusted in accordance

with (c) of this subsection, the latest adjusted closure cost

estimate.

(4) Financial assurance for facility closure.

(a) An owner or operator of a TSD, or off-site recycling

or used oil processing/rerefining facility must establish financial assurance for closure of the facility. The owner or operator must choose from the following options or combination of

options:

(i) Closure trust fund;

(ii) Surety bond guaranteeing payment into a closure

trust fund;

(iii) Surety bond guaranteeing performance of closure;

(iv) Closure letter of credit;

(v) Closure insurance; or

(vi) Financial test and corporate guarantee for closure.

(b) In satisfying the requirements of financial assurance

for facility closure in this subsection, the owner or operator

must meet all the requirements for the mechanisms listed

above as set forth in 40 CFR 264.143 which are incorporated

by reference. If the facilities covered by the mechanism are in

more than one state, identical evidence of financial assurance

must be submitted to and maintained with the state agency

regulating hazardous waste or with the appropriate regional

administrator if the facility is located in an unauthorized

state.

(c) An owner or operator of an off-site recycling or used

oil processing/rerefining facility may also meet the requirements of this subsection through the use of an assigned security deposit held in a Washington state bank. This mechanism

is not available to an owner or operator of a TSD.

(i) The department will establish minimum standards for

the assigned security deposit mechanism. These standards
173-303-620 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 116] (6/30/09)

will include, but are not limited to, the language to be used in

the assignment form. Copies of the assignment forms will be

available from the department.

(ii) The department is not required to accept an assigned

security deposit that does not meet the established minimum

standards.

(d) 40 CFR 264.143 is modified by the following

requirements:

(i) Partially funded trust funds of 264.143 (a)(3) may not

be accepted as a mechanism for a closure trust fund for TSDs.

Owners and operators of existing used oil and recycling units

that become subject to this section may establish a partially

funded closure trust fund with a pay-in period of five years.

The fund must be fully funded no later than five years (and

the first, second, third, fourth, and fifth payments due no later

than one, two, three, four, and five year(s) respectively) after

the date of the department's approval of the closure plan

under WAC 173-303-610 (12)(b);

(ii) Insurance companies providing closure coverage

must have a current rating of financial strength of:

(A) AAA, AA+, AA, AA-, A+, A as rated by Standard

and Poor's;

(B) Aaa, Aa1, Aa2, Aa3, A1, A2 as rated by Moody's; or

(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best;

(iii) Ecology must be named as secondary beneficiary on

an insurance policy;

(iv) Facility owners/operators and corporate guarantors

requesting the use of the financial test and corporate guarantee must meet a minimum tangible net worth criterion of

twenty million dollars.

(e) Owners and operators of off-site recycling facilities

regulated under WAC 173-303-120 (3) or (4), or used oil processing/rerefining facilities regulated under WAC 173-303-

515(9), must demonstrate financial assurance for closure of

the facility or recycling units. In addition to the requirements

of 40 CFR 264.143, as amended by this subsection, the financial assurance must meet the following requirements:

(i) For existing facilities choosing a surety bond guaranteeing payment, surety bond guaranteeing performance, letter

of credit, insurance, financial test, corporate guarantee, or

assigned security deposit, the mechanism must be established

within thirty-six months of the effective date of this section;

(ii) Owners and operators of existing facilities choosing

a partially funded trust fund mechanism must establish a fully

funded trust fund within sixty months of approval of the closure plan by the department (see (c)(i) of this subsection);

(iii) For new facilities, financial assurance must be established and submitted to the department at least sixty days

prior to the acceptance of the first shipment of wastes.

(f) Owners and operators of off-site recycling facilities

regulated under WAC 173-303-120 (3) or (4), or used oil processing/rerefining facilities regulated under WAC 173-303-

515(9) may request an alternative mechanism for financing

the closure of recycling units that is determined by the department to be equivalent to one of the methods listed in (a) of

this subsection. This may include any alternative mechanism

as may be established through action by the Washington state

legislature. An assigned security deposit that meets the

department's standards is an equivalent alternative mechanism within the meaning of this section.

(5) Cost estimate for post-closure monitoring and maintenance.

(a) The owner or operator of a facility subject to postclosure monitoring or maintenance requirements must have a

detailed written estimate, in current dollars, of the annual cost

of post-closure monitoring and maintenance of the facility in

accordance with the applicable post-closure regulations in

WAC 173-303-610 (7) through (10), 173-303-650(6), 173-

303-655(8), 173-303-660(9), 173-303-665(6), and 173-303-

680(4). The post-closure cost estimate must be based on the

costs to the owner or operator of hiring a third party to conduct post-closure care activities. A third party is a party who

is neither a parent nor a subsidiary of the owner or operator.

(See definition of parent corporation in subsection (2)(d) of

this section.) The post-closure cost estimate is calculated by

multiplying the annual post-closure cost estimate by the number of years of post-closure care required by WAC 173-303-

610.

(b) During the active life of the facility, the owner or

operator must revise the post-closure cost estimate within

thirty days after the department has approved the request to

modify the post-closure plan, if the change in the post-closure

plan increases the cost of post-closure care. The revised postclosure cost estimate must be adjusted for inflation as specified in (c)(i) and (ii) of this subsection.

(c) During the active life of the facility, the owner or

operator must adjust the post-closure cost estimate for inflation within sixty days prior to the anniversary date of the

establishment of the financial instrument(s) used to comply

with subsection (6) of this section. For owners or operators

using the financial test or corporate guarantee, the postclosure cost estimate must be updated for inflation within

thirty days after the close of the firm's fiscal year and before

the submission of updated information to the department as

specified in subsection (6) of this section. The adjustment

may be made by recalculating the post-closure cost estimate

in current dollars or by using an inflation factor derived from

the most recent Implicit Price Deflator for Gross National

Product or Gross Domestic Product as published by the

United States Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the

latest published annual deflator by the deflator for the previous year.

(i) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the

adjusted post-closure cost estimate.

(ii) Subsequent adjustments are made by multiplying the

latest adjusted post-closure cost estimate by the latest inflation factor.

(d) During the operating life of the facility, the owner or

operator must keep at the facility the latest post-closure cost

estimate prepared in accordance with (a) and (b) of this subsection, and, when this estimate has been adjusted in accordance with (c) of this subsection, the latest adjusted post-closure cost estimate.

(6) Financial assurance for post-closure monitoring and

maintenance.

(a) An owner or operator of a facility subject to post-closure monitoring or maintenance requirements must establish

financial assurance for post-closure care in accordance with
Dangerous Waste Regulations 173-303-620

(6/30/09) [Ch. 173-303 WACóp. 117]

the approved post-closure care plan. He must choose from the

following options or combination of options:

(i) Post-closure trust fund, except that the use of partially

funded trust funds, as provided in 40 CFR 264.145(a), will

not be allowed by the department;

(ii) Surety bond guaranteeing payment into a post-closure trust fund;

(iii) Surety bond guaranteeing performance of post-closure care;

(iv) Post-closure letter of credit;

(v) Post-closure insurance; however, financial or insurance institutions providing such insurance must have a current rating of financial strength of:

(A) AAA, AA+, AA, AA-, A+, A as rated by Standard

and Poor's;

(B) Aaa, Aa1, Aa2, Aa3, A1, A2 as rated by Moody's; or

(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best; or

(vi) Financial test and corporate guarantee for post-closure care, except that the criterion for minimum tangible net

worth in 40 CFR 264.145(f) must be in an amount of at least

twenty million dollars.

(b) In satisfying the requirements of financial assurance

for facility post-closure care in this subsection, the owner or

operator must meet all the requirements set forth in 40 CFR

264.145 which are incorporated by reference. If the facilities

covered by the mechanism are in more than one state, identical evidence of financial assurance must be submitted to and

maintained with the state agency regulating hazardous waste

or with the appropriate regional administrator if the facility is

located in an unauthorized state.

(7) Use of a mechanism for financial assurance of both

closure and post-closure care. An owner or operator may satisfy the requirements for financial assurance for both closure

and post-closure care for one or more facilities by using a

trust fund, surety bond, letter of credit, insurance, financial

test, or corporate guarantee that meets the specifications for

the mechanism in both 40 CFR 264.143 and 264.145 which

are incorporated by reference. The amount of funds available

through the mechanism must be no less than the sum of funds

that would be available if a separate mechanism had been

established and maintained for financial assurance of closure

and of postclosure care.

(8) Liability requirements.

(a) An owner or operator of a TSD facility, off-site recycling or used oil processing/rerefining facility, or a group of

such facilities must demonstrate financial responsibility for

bodily injury and property damages to third parties caused by

sudden accidental occurrences arising from operations of the

facility or group of facilities. The owner or operator must

meet the requirements of 40 CFR 264.147(a), which is incorporated by reference, with the following additional requirements:

(i) Insurance companies providing liability coverage

must have a current rating of financial strength of:

(A) AAA, AA+, AA, AA-, A+, A as rated by Standard

and Poor's;

(B) Aaa, Aa1, Aa2, Aa3, A1, A2 as rated by Moody's; or

(C) A++, A+, A, A-, B++, B+ as rated by A.M. Best;

(ii) The department may file claims against liability

insurance when contamination occurs as a result of releases

or discharges of dangerous wastes or used oil from recycling

units subject to regulation under this section to waters of the

state as defined under chapter 90.48 RCW;

(iii) Facility owners/operators and corporate guarantors

requesting the use of the financial test and corporate guarantee must meet a minimum tangible net worth criterion of

twenty million dollars.

(b) An owner or operator of a facility with a regulated

unit or units (as defined in WAC 173-303-040) or a disposal

miscellaneous unit or units used to manage dangerous waste

or a group of such facilities must demonstrate financial

responsibility for bodily injury and property damage to third

parties caused by nonsudden accidental occurrences arising

from operations of the facility or group of facilities. The

owner or operator must meet the requirements of 40 CFR

264.147(b), 264.147 (f), (g), (h), (i), and (j) which are incorporated by reference.

(c) Request for variance. If an owner or operator can

demonstrate to the satisfaction of the department that the levels of financial responsibility required by (a) or (b) of this

subsection are not consistent with the degree and duration of

risk associated with treatment, storage, or disposal at the

facility or group of facilities, the owner or operator may

obtain a variance from the department. The request for a variance must be submitted to the department as part of the application under WAC 173-303-806(4) for a facility that does not

have a permit, or pursuant to the procedures for permit modification under WAC 173-303-830 for a facility that has a

permit. If granted, the variance will take the form of an

adjusted level of required liability coverage, such level to be

based on the department's assessment of the degree and duration of risk associated with the ownership or operation of the

facility or group of facilities. The department may require an

owner or operator who requests a variance to provide such

technical and engineering information as is deemed necessary by the department to determine a level of financial

responsibility other than that required by (a) or (b) of this

subsection. Any request for a variance for a permitted facility will be treated as a request for a permit modification under

WAC 173-303-830.

(d) Adjustments by the department. If the department

determines that the levels of financial responsibility required

by (a) or (b) of this subsection are not consistent with the

degree and duration of risk associated with treatment, storage, or disposal at the facility or group of facilities, the

department may adjust the level of financial responsibility

required under (a) or (b) of this subsection as may be necessary to protect human health and the environment. This

adjusted level will be based on the department's assessment

of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the department determines that there is a significant

risk to human health and the environment from nonsudden

accidental occurrences resulting from the operations of a

facility that has no regulated units (as defined in WAC 173-

303-040), it may require that the owner or operator of the

facility comply with (b) of this subsection. An owner or operator must furnish to the department within a reasonable time,

any information which the department requests to determine

whether cause exists for such adjustments of level or type of

coverage. Any adjustments of level or type of coverage for a
173-303-630 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 118] (6/30/09)

facility that has a permit will be treated as a permit modification under WAC 173-303-830.

(e) Period of coverage. An owner or operator must continuously provide liability coverage for a facility as required

by this subsection until certifications of closure of the facility, as specified in WAC 173-303-610(6), are received by the

department.

(f) The following subsections are incorporated by reference: 40 CFR section 264.147(f), Financial test for liability

coverage, (g) Guarantee for liability coverage, (h) Letter of

credit for liability coverage, (i) Surety bond for liability coverage, and (j) Trust fund for liability coverage.

(9) Incapacity of owners or operators, guarantor or financial institutions.

(a) An owner or operator must notify the department by

certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States

Code, naming the owner or operator as debtor, within ten

days after commencement of the proceeding. A guarantor of

a corporate guarantee as specified in 40 CFR 264.143(f) and

264.145(f) must make such a notification if he is named as

debtor, as required under the terms of the corporate guarantee

(40 CFR 264.151(h)).

(b) An owner or operator who fulfills the requirements of

40 CFR 264.143, 264.145, or 264.147 (a) or (b) by obtaining

a trust fund, surety bond, letter of credit, or insurance policy

will be deemed to be without the required financial assurance

or liability coverage in the event of bankruptcy of the trustee

or issuing institution, or a suspension or revocation of the

authority of the trustee institution to act as trustee or of the

institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator

must establish other financial assurance or liability coverage

within sixty days after such an event.

(10) Wording of the instruments. The financial instruments required by this section must contain the wording

specified by 40 CFR 264.151 which is incorporated by reference, except that:

(a) The words "regional administrator" and "environmental protection agency" must be replaced with the words

Washington state department of ecology;

(b) The words "hazardous waste" must be replaced with

the words "dangerous waste"; 

(c) Any other words specified by the department must be

changed as necessary to assure financial responsibility of the

facility in accordance with the requirements of this section;

and

(d) Whenever 40 CFR 264.151 requires that owners and

operators notify several regional administrators of their

financial obligations, the owner or operator must notify both

the department and all regional administrators of regions that

are affected by the owner or operator's financial assurance

mechanisms.

Copies of the financial instruments with the appropriate

word changes will be available from the department by June

30, 1984.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-620, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-620, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-620, 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), ß 173-303-620, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-620, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-620, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part

271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-

303-620, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 89-02-059 (Order 88-24), ß 173-303-620, filed 1/4/89; 87-14-029

(Order DE-87-4), ß 173-303-620, filed 6/26/87; 84-09-088 (Order DE 83-

36), ß 173-303-620, filed 4/18/84. Statutory Authority: RCW 70.95.260 and

chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-620, filed

2/10/82. Formerly WAC 173-302-340.]

173-303-630 WAC 173-303-630 Use and management of containers. (1) Applicability. The regulations in this section apply to

owners and operators of all dangerous waste facilities that

store containers of dangerous waste.

(2) Condition of containers. If a container holding dangerous waste is not in good condition (e.g., severe rusting,

apparent structural defects) or if it begins to leak, the owner

or operator must transfer the dangerous waste from the container to a container that is in good condition or manage the

waste in some other way that complies with the requirements

of chapter 173-303 WAC. In addition, the owner or operator

must address leaks and spills in accordance with the applicable provisions of WAC 173-303-145 and 173-303-360.

(3) Identification of containers. The owner or operator

must label containers in a manner which adequately identifies

the major risk(s) associated with the contents of the containers for employees, emergency response personnel and the

public (NoteóIf there is already a system in use that performs this function in accordance with local, state or federal

regulations, then such system will be adequate). The owner

or operator must affix labels upon transfer of dangerous

wastes from one container to another. The owner or operator

must destroy or otherwise remove labels from the emptied

container, unless the container will continue to be used for

storing dangerous waste at the facility. The owner or operator

must ensure that labels are not obscured, removed, or otherwise unreadable in the course of inspection required under

WAC 173-303-320.

(4) Compatibility of waste with containers. The owner or

operator must use a container made of or lined with materials

which will not react with, and are otherwise compatible with,

the dangerous waste to be stored, so that the ability of the

container to contain the waste is not impaired.

(5) Management of containers.

(a) A container holding dangerous waste must always be

closed, except when it is necessary to add or remove waste.

(b) A container holding dangerous waste must not be

opened, handled, or stored in a manner which may rupture the

container or cause it to leak.

(c) A minimum thirty-inch separation is required

between aisles of containers holding dangerous waste(s). A

row of drums must be no more than two drums wide.

(6) Inspections. At least weekly, the owner or operator

must inspect areas where containers are stored, looking for

leaking containers and for deterioration of containers and the

containment system caused by corrosion, deterioration, or

other factors. The owner or operator must keep an inspection

log including at least the date and time of the inspection, the

printed name and the handwritten signature of the inspector,
Dangerous Waste Regulations 173-303-640

(6/30/09) [Ch. 173-303 WACóp. 119]

a notation of the observations made and the date and nature of

any repairs or remedial actions taken. The log must be kept at

the facility for at least five years from the date of inspection.

(7) Containment.

(a) Container storage areas must have a containment system that is capable of collecting and holding spills and leaks.

In addition to the necessary leak containment capacity,

uncovered storage areas must be capable of holding the additional volume that would result from the precipitation of a

maximum twenty-five year storm of twenty-four hours duration. The containment system must:

(i) Have a base underlying the containers which is free of

cracks or gaps and is sufficiently impervious to contain leaks,

spills, and accumulated rainfall until the collected material is

detected and removed. The base must be sloped or the containment system must be otherwise designed and operated to

drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise

protected from contact with accumulated liquids;

(ii) Be designed for positive drainage control (such as a

locked drainage valve) to prevent release of contaminated

liquids and so that uncontaminated precipitation can be

drained promptly for convenience of operation. Spilled or

leaked waste and accumulated precipitation must be removed

from the containment system in as timely a manner as is necessary to prevent overflow; and

(iii) Have sufficient capacity to contain ten percent of the

volume of all containers or the volume of the largest container, whichever is greater. Only containers holding free liquids, or holding wastes designated as F020, F021, F022,

F023, F026, or F027 need to be considered in this determination.

(b) Run-on into the containment system must be prevented, unless the department waives this requirement in the

permit after determining that the collection system has sufficient excess capacity in addition to that required in (a)(iii) of

this subsection to accommodate any run-on which might

enter the system.

(c) Storage areas that store containers holding only

wastes that do not contain free liquids, do not exhibit either

the characteristic of ignitability or reactivity as described in

WAC 173-303-090 (5) or (7), and are not designated as F020,

F021, F022, F023, F026, or F027, need not have a containment system as described in this subsection: Provided, That:

(i) The storage area is sloped or is otherwise designed

and operated to drain and remove liquid resulting from precipitation; or

(ii) The containers are elevated or are otherwise protected from contact with accumulated liquids.

(d) The department may require generators to protect

their containers from the elements by means of a building or

other protective covering if the department determines that

such protection is necessary to prevent a release of waste or

waste constituents due to the nature of the waste or design of

the container. The building or other protective covering must

allow adequate inspection under subsection (6) of this section.

(8) Special requirements for ignitable or reactive waste.

(a) Containers holding reactive waste exhibiting a characteristic specified in WAC 173-303-090 (7)(a)(vi), (vii) or

(viii) must be stored in a manner equivalent to the International Fire Code's "American Table of Distances for Storage

of Explosives" Table 3304.5.2(2) or "Table of Separation

Distances for Low Explosives" Table 3304.5.2(3), 2003 edition, or the version adopted by the local fire district.

(b) The owner or operator must design, operate, and

maintain ignitable waste and reactive waste (other than a

reactive waste which must meet (a) of this subsection) container storage in a manner equivalent with the International

Fire Code. Where no specific standard or requirements are

specified in the International Fire Code, or in existing state or

local fire codes, applicable sections of the NFPA Pamphlet

#30, "Flammable and Combustible Liquids Code," must be

used. The owner/operator must also comply with the requirements of WAC 173-303-395 (1)(d).

(9) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and

materials must not be placed in the same container, unless

WAC 173-303-395 (1)(b) is complied with.

(b) Dangerous waste must not be placed in an unwashed

container that previously held an incompatible waste or material.

(c) A storage container holding a dangerous waste that is

incompatible with any waste or other materials stored nearby

in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected

from them by means of a dike, berm, wall, or other device.

Containment systems for incompatible wastes must be separate.

(10) Closure. At closure, all dangerous waste and dangerous waste residues must be removed from the containment

system. Remaining containers, liners, bases, and soil containing or contaminated with dangerous waste or dangerous

waste residues must be decontaminated or removed.

(11) Air emission standards. The owner or operator must

manage all hazardous waste placed in a container in accordance with the applicable requirements of 40 CFR Subparts

AA, BB, and CC, which are incorporated by reference at

WAC 173-303-690 through 173-303-692.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-630, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-630, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-630, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-630, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-630,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

86-12-057 (Order DE-85-10), ß 173-303-630, filed 6/3/86; 84-09-088 (Order

DE 83-36), ß 173-303-630, filed 4/18/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

630, filed 2/10/82.]

173-303-640 WAC 173-303-640 Tank systems. (1) Applicability.

(a) The regulations in WAC 173-303-640 apply to owners and operators of facilities that use tank systems to treat or

store dangerous waste, except as (b), (c), and (d) of this subsection provides otherwise.

(b) Tank systems that are used to store or treat dangerous

waste which contain no free liquids and are situated inside a

building with an impermeable floor are exempted from the

requirements in subsection (4) of this section. To demonstrate

the absence or presence of free liquids in the stored/treated

waste, the Paint Filter Liquids Test Method 9095B described
173-303-640 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 120] (6/30/09)

in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA Publication SW-846 as incorporated by reference at WAC 173-303-110 (3)(a) must be

used.

(c) Tank systems, including sumps, as defined in WAC

173-303-040, that serve as part of a secondary containment

system to collect or contain releases of dangerous wastes are

exempted from the requirements in subsection (4)(a) of this

section.

(d) Tanks, sumps, and other such collection devices or

systems used in conjunction with drip pads, as defined in

WAC 173-303-040 and regulated under WAC 173-303-675,

must meet the requirements of this section.

(2) Assessment of existing tank system's integrity.

(a) For each existing tank system, the owner or operator

must determine that the tank system is not leaking or is unfit

for use. Except as provided in (b) of this subsection, the

owner or operator must obtain and keep on file at the facility

a written assessment reviewed and certified by an independent, qualified registered professional engineer, in accordance with WAC 173-303-810 (13)(a), that attests to the tank

system's integrity by January 12, 1988, for underground tanks

that do not meet the requirements of subsection (4) of this

section and that cannot be entered for inspection, or by January 12, 1990, for all other tank systems.

(b) Tank systems that store or treat materials that become

dangerous wastes subsequent to January 12, 1989, must conduct this assessment within twelve months after the date that

the waste becomes a dangerous waste.

(c) This assessment must determine that the tank system

is adequately designed and has sufficient structural strength

and compatibility with the waste(s) to be stored or treated, to

ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:

(i) Design standard(s), if available, according to which

the tank system was constructed;

(ii) Dangerous characteristics of the waste(s) that have

been and will be handled;

(iii) Existing corrosion protection measures;

(iv) Documented age of the tank system, if available

(otherwise, an estimate of the age); and

(v) Results of a leak test, internal inspection, or other

tank system integrity examination such that:

(A) For nonenterable underground tanks, the assessment

must include a leak test that is capable of taking into account

the effects of temperature variations, tank end deflection,

vapor pockets, and high water table effects; and

(B) For other than nonenterable underground tanks and

for ancillary equipment, this assessment must include either a

leak test, as described above, or other integrity examination,

that is certified by an independent, qualified, registered professional engineer, in accordance with WAC 173-303-810

(13)(a), that addresses cracks, leaks, corrosion, and erosion.

Note: Three publications may be used, where applicable, as

guidelines in conducting other than a leak test: Tank

Inspection, Repair, Alteration, and Reconstruction, API

Standard 653, Addendum 4 issued in December 1999;

Guidance for Assessing and Certifying Tank Systems that

Store and Treat Dangerous Waste, Ecology Publication No.

94-114; and Steel Tank Institute publication #SP001-00

Standard for Inspection of In-Service Shop Fabricated

Aboveground Tanks for Storage of Combustible and Flammable Liquids copyright 2000.

(d) If, as a result of the assessment conducted in accordance with (a) of this subsection, a tank system is found to be

leaking or unfit for use, the owner or operator must comply

with the requirements of subsection (7) of this section.

(e) The owner or operator must develop a schedule for

conducting integrity assessments over the life of the tank to

ensure that the tank retains its structural integrity and will not

collapse, rupture, or fail. The schedule must be based on the

results of past integrity assessments, age of the tank system,

materials of construction, characteristics of the waste, and

any other relevant factors.

(3) Design and installation of new tank systems or components.

(a) Owners or operators of new tank systems or components must obtain (and for facilities that are pursuing or have

obtained a final status permit, submit to the department, at

time of submittal of Part B information) a written assessment,

reviewed and certified by an independent, qualified registered professional engineer, in accordance with WAC 173-

303-810 (13)(a), attesting that the tank system has sufficient

structural integrity and is acceptable for the storing and treating of dangerous waste. The assessment must show that the

foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that

the tank system has sufficient structural strength, compatibility with the waste(s) to be stored or treated, and corrosion

protection to ensure that it will not collapse, rupture, or fail.

This assessment (which will be used by the department to

review and approve or disapprove the acceptability of the

tank system design at facilities which are pursuing or have

obtained a final status permit) must include, at a minimum,

the following information:

(i) Design standard(s) according to which tank system(s)

are constructed;

(ii) Dangerous characteristics of the waste(s) to be handled;

(iii) For new tank systems or components in which the

external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with

water, a determination by a corrosion expert of:

(A) Factors affecting the potential for corrosion, including but not limited to:

(I) Soil moisture content;

(II) Soil pH;

(III) Soil sulfides level;

(IV) Soil resistivity;

(V) Structure to soil potential;

(VI) Influence of nearby underground metal structures

(e.g., piping);

(VII) Existence of stray electric current;

(VIII) Existing corrosion-protection measures (e.g.,

coating, cathodic protection); and

(B) The type and degree of external corrosion protection

that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of

one or more of the following:

(I) Corrosion-resistant materials of construction such as

special alloys, fiberglass reinforced plastic, etc.;

(II) Corrosion-resistant coating (such as epoxy, fiberglass, etc.,) with cathodic protection (e.g., impressed current

or sacrificial anodes); and
Dangerous Waste Regulations 173-303-640

(6/30/09) [Ch. 173-303 WACóp. 121]

(III) Electrical isolation devices such as insulating joints,

flanges, etc.

Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)óControl of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage

Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used,

where applicable, as guidelines in providing corrosion protection for tank systems.

(iv) For underground tank system components that are

likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the

tank system against potential damage; and

(v) Design considerations to ensure that:

(A) Tank foundations will maintain the load of a full

tank;

(B) Tank systems will be anchored to prevent flotation or

dislodgment where the tank system is either placed in a saturated zone, or is located less than five hundred feet from a

fault which has had displacement in Holocene times; and

(C) Tank systems will withstand the effects of frost

heave.

(b) The owner or operator must develop a schedule for

conducting integrity assessments over the life of the tank to

ensure that the tank retains its structural integrity and will not

collapse, rupture or fail. The schedule must be based on the

results of past integrity assessments, age of the tank system,

materials of construction, characteristics of the waste, and

any other relevant factors.

(c) The owner or operator of a new tank system must

ensure that proper handling procedures are adhered to in

order to prevent damage to the system during installation.

Prior to covering, enclosing, or placing a new tank system or

component in use, an independent, qualified installation

inspector or an independent, qualified, registered professional engineer, either of whom is trained and experienced in

the proper installation of tank systems or components, must

inspect the system for the presence of any of the following

items:

(i) Weld breaks;

(ii) Punctures;

(iii) Scrapes of protective coatings;

(iv) Cracks;

(v) Corrosion;

(vi) Other structural damage or inadequate

construction/installation.

All discrepancies must be remedied before the tank system is

covered, enclosed, or placed in use.

(d) New tank systems or components that are placed

underground and that are backfilled must be provided with a

backfill material that is a noncorrosive, porous, homogeneous

substance and that is installed so that the backfill is placed

completely around the tank and compacted to ensure that the

tank and piping are fully and uniformly supported.

(e) All new tanks and ancillary equipment must be tested

for tightness prior to being covered, enclosed, or placed in

use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system must be performed

prior to the tank system being covered, enclosed, or placed

into use.

(f) Ancillary equipment must be supported and protected

against physical damage and excessive stress due to settlement, vibration, expansion, or contraction.

Note: The piping system installation procedures described in

American Petroleum Institute (API) Publication 1615

(November 1979), "Installation of Underground Petroleum

Storage Systems," or ANSI Standard B31.3, "Petroleum

Refinery Piping," and ANSI Standard B31.4 "Liquid Petroleum Transportation Piping System," may be used, where

applicable, as guidelines for proper installation of piping

systems.

(g) The owner or operator must provide the type and

degree of corrosion protection recommended by an independent corrosion expert, based on the information provided

under (a)(iii) of this subsection, or other corrosion protection

if the department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of

the tank system. The installation of a corrosion protection

system that is field fabricated must be supervised by an independent corrosion expert to ensure proper installation.

(h) The owner or operator must obtain and keep on file at

the facility written statements by those persons required to

certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements

of (b) through (g) of this subsection, that attest that the tank

system was properly designed and installed and that repairs,

pursuant to (c) and (e) of this subsection, were performed.

These written statements must also include the certification

statement as required in WAC 173-303-810 (13)(a).

(4) Containment and detection of releases.

(a) In order to prevent the release of dangerous waste or

dangerous constituents to the environment, secondary containment that meets the requirements of this subsection must

be provided (except as provided in (f) and (g) of this subsection):

(i) For all new and existing tank systems or components,

prior to their being put into service.

(ii) For tank systems that store or treat materials that

become dangerous wastes, within two years of the dangerous

waste listing, or when the tank system has reached fifteen

years of age, whichever comes later.

(b) Secondary containment systems must be:

(i) Designed, installed, and operated to prevent any

migration of wastes or accumulated liquid out of the system

to the soil, ground water, or surface water at any time during

the use of the tank system; and

(ii) Capable of detecting and collecting releases and

accumulated liquids until the collected material is removed.

(c) To meet the requirements of (b) of this subsection,

secondary containment systems must be at a minimum:

(i) Constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and

must have sufficient strength and thickness to prevent failure

owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to

which it is exposed, climatic conditions, stress of installation,

and the stress of daily operations (including stresses from

nearby vehicular traffic);

(ii) Placed on a foundation or base capable of providing

support to the secondary containment system, resistance to

pressure gradients above and below the system, and capable
173-303-640 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 122] (6/30/09)

of preventing failure due to settlement, compression, or

uplift;

(iii) Provided with a leak-detection system that is

designed and operated so that it will detect the failure of

either the primary or secondary containment structure or the

presence of any release of dangerous waste or accumulated

liquid in the secondary containment system within twentyfour hours, or at the earliest practicable time if the owner or

operator can demonstrate to the department that existing

detection technologies or site conditions will not allow detection of a release within twenty-four hours; and

(iv) Sloped or otherwise designed or operated to drain

and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation

must be removed from the secondary containment system

within twenty-four hours, or in as timely a manner as is possible to prevent harm to human health and the environment, if

the owner or operator can demonstrate to the department that

removal of the released waste or accumulated precipitation

cannot be accomplished within twenty-four hours.

Note: If the collected material is a dangerous waste under WAC

173-303-070, it is subject to management as a dangerous

waste in accordance with all applicable requirements of

WAC 173-303-170 through 173-303-400 and WAC 173-

303-600 through 173-303-695. If the collected material is

discharged through a point source to waters of the United

States, it is subject to the requirements of sections 301, 304,

and 402 of the Clean Water Act, as amended. If discharged

to a publicly owned treatment works (POTW), it is subject

to the requirements of section 307 of the Clean Water Act,

as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of

40 CFR Part 302.

(d) Secondary containment for tanks must include one or

more of the following devices:

(i) A liner (external to the tank);

(ii) A vault;

(iii) A double-walled tank; or

(iv) An equivalent device as approved by the department.

(e) In addition to the requirements of (b), (c), and (d) of

this subsection, secondary containment systems must satisfy

the following requirements:

(i) External liner systems must be:

(A) Designed or operated to contain one hundred percent

of the capacity of the largest tank within its boundary;

(B) Designed or operated to prevent run-on or infiltration

of precipitation into the secondary containment system unless

the collection system has sufficient excess capacity to contain

run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a twenty-five-year,

twenty-four-hour rainfall event.

(C) Free of cracks or gaps; and

(D) Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into

contact with the waste if the waste is released from the

tank(s) (i.e., capable of preventing lateral as well as vertical

migration of the waste).

(ii) Vault systems must be:

(A) Designed or operated to contain one hundred percent

of the capacity of the largest tank within its boundary;

(B) Designed or operated to prevent run-on or infiltration

of precipitation into the secondary containment system unless

the collection system has sufficient excess capacity to contain

run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a twenty-five-year,

twenty-four-hour rainfall event;

(C) Constructed with chemical-resistant water stops in

place at all joints (if any);

(D) Provided with an impermeable interior coating or

lining that is compatible with the stored waste and that will

prevent migration of waste into the concrete;

(E) Provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste

being stored or treated:

(I) Meets the definition of ignitable waste under WAC

173-303-090(5); or

(II) Meets the definition of reactive waste under WAC

173-303-090(7), and may form an ignitable or explosive

vapor; and

(F) Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture

into the vault if the vault is subject to hydraulic pressure.

(iii) Double-walled tanks must be:

(A) Designed as an integral structure (i.e., an inner tank

completely enveloped within an outer shell) so that any

release from the inner tank is contained by the outer shell;

(B) Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of

the outer shell; and

(C) Provided with a built-in continuous leak detection

system capable of detecting a release within twenty-four

hours, or at the earliest practicable time, if the owner or operator can demonstrate to the department, and the department

concludes, that the existing detection technology or site conditions would not allow detection of a release within twentyfour hours.

Note: The provisions outlined in the Steel Tank Institute's (STI)

"Standard for Dual Wall Underground Steel Storage Tanks"

may be used as guidelines for aspects of the design of

underground steel double-walled tanks.

(f) Ancillary equipment must be provided with secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of (b) and (c) of this subsection except for:

(i) Aboveground piping (exclusive of flanges, joints,

valves, and other connections) that are visually inspected for

leaks on a daily basis;

(ii) Welded flanges, welded joints, and welded connections, that are visually inspected for leaks on a daily basis;

(iii) Sealless or magnetic coupling pumps and sealless

valves, that are visually inspected for leaks on a daily basis;

and

(iv) Pressurized aboveground piping systems with automatic shutoff devices (e.g., excess flow check valves, flow

metering shutdown devices, loss of pressure actuated shutoff

devices) that are visually inspected for leaks on a daily basis.

(g) The owner or operator may obtain a variance from

the requirements of this subsection if the department finds, as

a result of a demonstration by the owner or operator that

alternative design and operating practices, together with location characteristics, will prevent the migration of any dangerous waste or dangerous constituents into the ground water, or

surface water at least as effectively as secondary containment
Dangerous Waste Regulations 173-303-640

(6/30/09) [Ch. 173-303 WACóp. 123]

during the active life of the tank system or that in the event of

a release that does migrate to ground water or surface water,

no substantial present or potential hazard will be posed to

human health or the environment. New underground tank

systems may not, per a demonstration in accordance with

(g)(ii) of this subsection, be exempted from the secondary

containment requirements of this section.

(i) In deciding whether to grant a variance based on a

demonstration of equivalent protection of ground water and

surface water, the department will consider:

(A) The nature and quantity of the wastes;

(B) The proposed alternate design and operation;

(C) The hydrogeologic setting of the facility, including

the thickness of soils present between the tank system and

ground water; and

(D) All other factors that would influence the quality and

mobility of the dangerous constituents and the potential for

them to migrate to ground water or surface water.

(ii) In deciding whether to grant a variance based on a

demonstration of no substantial present or potential hazard,

the department will consider:

(A) The potential adverse effects on ground water, surface water, and land quality taking into account:

(I) The physical and chemical characteristics of the

waste in the tank system, including its potential for migration;

(II) The hydrogeological characteristics of the facility

and surrounding land;

(III) The potential for health risks caused by human

exposure to waste constituents;

(IV) The potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste

constituents; and

(V) The persistence and permanence of the potential

adverse effects.

(B) The potential adverse effects of a release on ground

water quality, taking into account:

(I) The quantity and quality of ground water and the

direction of ground water flow;

(II) The proximity and withdrawal rates of ground water

users;

(III) The current and future uses of ground water in the

area; and

(IV) The existing quality of ground water, including

other sources of contamination and their cumulative impact

on the ground water quality.

(C) The potential adverse effects of a release on surface

water quality, taking into account:

(I) The quantity and quality of ground water and the

direction of ground water flow;

(II) The patterns of rainfall in the region;

(III) The proximity of the tank system to surface waters;

(IV) The current and future uses of surface waters in the

area and any water quality standards established for those

surface waters; and

(V) The existing quality of surface water, including other

sources of contamination and the cumulative impact on surface-water quality.

(D) The potential adverse effects of a release on the land

surrounding the tank system, taking into account:

(I) The patterns of rainfall in the region; and

(II) The current and future uses of the surrounding land.

(iii) The owner or operator of a tank system, for which a

variance from secondary containment had been granted in

accordance with the requirements of (g)(i) of this subsection,

at which a release of dangerous waste has occurred from the

primary tank system but has not migrated beyond the zone of

engineering control (as established in the variance), must:

(A) Comply with the requirements of subsection (7) of

this section, except subsection (7)(d) of this section; and

(B) Decontaminate or remove contaminated soil to the

extent necessary to:

(I) Enable the tank system for which the variance was

granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had

prior to the release; and

(II) Prevent the migration of dangerous waste or dangerous constituents to ground water or surface water.

(C) If contaminated soil cannot be removed or decontaminated in accordance with (g)(iii)(B) of this subsection,

comply with the requirements of subsection (8) of this section.

(iv) The owner or operator of a tank system, for which a

variance from secondary containment had been granted in

accordance with the requirements of (g)(i) of this subsection,

at which a release of dangerous waste has occurred from the

primary tank system and has migrated beyond the zone of

engineering control (as established in the variance), must:

(A) Comply with the requirements of subsection (7)(a),

(b), (c), and (d) of this section; and

(B) Prevent the migration of dangerous waste or dangerous constituents to ground water or surface water, if possible,

and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if ground

water has been contaminated, the owner or operator must

comply with the requirements of subsection (8)(b) of this section; and

(C) If repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with the

requirements of (a) through (f) of this subsection or reapply

for a variance from secondary containment and meet the

requirements for new tank systems in subsection (3) of this

section if the tank system is replaced. The owner or operator

must comply with these requirements even if contaminated

soil can be decontaminated or removed and ground water or

surface water has not been contaminated.

(h) The following procedures must be followed in order

to request a variance from secondary containment:

(i) The department must be notified in writing by the

owner or operator that he intends to conduct and submit a

demonstration for a variance from secondary containment as

allowed in (g) of this subsection according to the following

schedule:

(A) For existing tank systems, at least twenty-four

months prior to the date that secondary containment must be

provided in accordance with (a) of this subsection.

(B) For new tank systems, at least thirty days prior to

entering into a contract for installation.

(ii) As part of the notification, the owner or operator

must also submit to the department a description of the steps

necessary to conduct the demonstration and a timetable for

completing each of the steps. The demonstration must
173-303-640 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 124] (6/30/09)

address each of the factors listed in (g)(i) or (ii) of this subsection;

(iii) The demonstration for a variance must be completed

within one hundred eighty days after notifying the department of an intent to conduct the demonstration; and

(iv) If a variance is granted under this subsection, the

department will require the permittee to construct and operate

the tank system in the manner that was demonstrated to meet

the requirements for the variance.

(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, must comply with the following:

(i) For nonenterable underground tanks, a leak test that

meets the requirements of subsection (2)(c)(v) of this section

or other tank integrity method, as approved or required by the

department, must be conducted at least annually.

(ii) For other than nonenterable underground tanks, the

owner or operator must either conduct a leak test as in (i)(i) of

this subsection or develop a schedule and procedure for an

assessment of the overall condition of the tank system by an

independent, qualified registered professional engineer. The

schedule and procedure must be adequate to detect obvious

cracks, leaks, and corrosion or erosion that may lead to cracks

and leaks. The owner or operator must remove the stored

waste from the tank, if necessary, to allow the condition of all

internal tank surfaces to be assessed. The frequency of these

assessments must be based on the material of construction of

the tank and its ancillary equipment, the age of the system,

the type of corrosion or erosion protection used, the rate of

corrosion or erosion observed during the previous inspection,

and the characteristics of the waste being stored or treated.

(iii) For ancillary equipment, a leak test or other integrity

assessment as approved by the department must be conducted

at least annually.

Note: Three publications may be used, where applicable, as

guidelines for assessing the overall condition of the tank

system: Tank Inspection, Repair, Alteration, and Reconstruction, API Standard 653, Addendum 4 issued in

December 1999; Guidance for Assessing and Certifying

Tank Systems that Store and Treat Dangerous Waste, Ecology Publication No. 94-114; and Steel Tank Institute publication #SP001-00 Standard for Inspection of In-Service

Shop Fabricated Aboveground Tanks for Storage of Combustible and Flammable Liquids copyright 2000.

(iv) The owner or operator must maintain on file at the

facility a record of the results of the assessments conducted in

accordance with (i)(i) through (iii) of this subsection.

(v) If a tank system or component is found to be leaking

or unfit for use as a result of the leak test or assessment in

(i)(i) through (iii) of this subsection, the owner or operator

must comply with the requirements of subsection (7) of this

section.

(5) General operating requirements.

(a) Dangerous wastes or treatment reagents must not be

placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak,

corrode, or otherwise fail.

(b) The owner or operator must use appropriate controls

and practices to prevent spills and overflows from tank or

containment systems. These include at a minimum:

(i) Spill prevention controls (e.g., check valves, dry disconnect couplings);

(ii) Overfill prevention controls (e.g., level sensing

devices, high level alarms, automatic feed cutoff, or bypass to

a standby tank); and

(iii) Maintenance of sufficient freeboard in uncovered

tanks to prevent overtopping by wave or wind action or by

precipitation.

(c) The owner or operator must comply with the requirements of subsection (7) of this section if a leak or spill occurs

in the tank system.

(d) All tank systems holding dangerous waste must be

marked with labels or signs to identify the waste contained in

the tank. The label or sign must be legible at a distance of at

least fifty feet, and must bear a legend which identifies the

waste in a manner which adequately warns employees, emergency response personnel, and the public of the major risk(s)

associated with the waste being stored or treated in the tank

system(s). (NoteóIf there already is a system in use that performs this function in accordance with local, state or federal

regulations, then such system will be adequate.)

(e) All tank systems holding dangerous wastes which are

acutely or chronically toxic by inhalation must be designed to

prevent escape of vapors, fumes, or other emissions into the

air.

(6) Inspections.

(a) The owner or operator must develop and follow a

schedule and procedure for inspecting overfill controls.

(b) The owner or operator must inspect at least once each

operating day:

(i) Aboveground portions of the tank system, if any, to

detect corrosion or releases of waste;

(ii) Data gathered from monitoring any leak detection

equipment (e.g., pressure or temperature gauges, monitoring

wells) to ensure that the tank system is being operated

according to its design; and

(iii) The construction materials and the area immediately

surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g.,

dikes) to detect erosion or signs of releases of dangerous

waste (e.g., wet spots, dead vegetation).

Note: WAC 173-303-320 requires the owner or operator to remedy any deterioration or malfunction he finds. Subsection

(7) of this section requires the owner or operator to notify

the department within twenty-four hours of confirming a

leak. Also, 40 CFR Part 302 may require the owner or operator to notify the National Response Center of a release.

(c) The owner or operator must inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:

(i) The proper operation of the cathodic protection system must be confirmed within six months after initial installation and annually thereafter; and

(ii) All sources of impressed current must be inspected

and/or tested, as appropriate, at least bimonthly (i.e., every

other month).

Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)óControl of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage

Systems," and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," may be used,

where applicable, as guidelines in maintaining and inspecting cathodic protection systems.
Dangerous Waste Regulations 173-303-640

(6/30/09) [Ch. 173-303 WACóp. 125]

(d) The owner or operator must document in the operating record of the facility an inspection of those items in (a)

through (c) of this subsection. The owner or operator must

keep an inspection log including at least the date and time of

the inspection, the printed name and the handwritten signature of the inspector, a notation of the observations made and

the date and nature of any repairs or remedial actions taken.

The log must be kept at the facility for at least five years from

the date of inspection.

(7) Response to leaks or spills and disposition of leaking

or unfit-for-use tank systems.

A tank system or secondary containment system from

which there has been a leak or spill, or which is unfit for use,

must be removed from service immediately, and the owner or

operator must satisfy the following requirements:

(a) Cessation of use; prevent flow or addition of wastes.

The owner or operator must immediately stop the flow of

dangerous waste into the tank system or secondary containment system and inspect the system to determine the cause of

the release.

(b) Removal of waste from tank system or secondary

containment system.

(i) If the release was from the tank system, the

owner/operator must, within twenty-four hours after detection of the leak or, if the owner/operator demonstrates that it

is not possible, at the earliest practicable time, remove as

much of the waste as is necessary to prevent further release of

dangerous waste to the environment and to allow inspection

and repair of the tank system to be performed.

(ii) If the material released was to a secondary containment system, all released materials must be removed within

twenty-four hours or in as timely a manner as is possible to

prevent harm to human health and the environment.

(c) Containment of visible releases to the environment.

The owner/operator must immediately conduct a visual

inspection of the release and, based upon that inspection:

(i) Prevent further migration of the leak or spill to soils or

surface water; and

(ii) Remove, and properly dispose of, any visible contamination of the soil or surface water.

(d) Notifications, reports.

(i) Any release to the environment must be reported to

the department and other authorities immediately in accordance with WAC 173-303-145. Any release above the

"reportable quantity" must also be reported to the National

Response Center pursuant to 40 CFR Part 302.

(ii) Within thirty days (or fifteen days if classified as an

emergency) of detection of a release to the environment, a

report containing the following information must be submitted to the department:

(A) Likely route of migration of the release;

(B) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);

(C) Results of any monitoring or sampling conducted in

connection with the release (if available). If sampling or

monitoring data relating to the release are not available

within thirty days, these data must be submitted to the department as soon as they become available;

(D) Proximity to downgradient drinking water, surface

water, and populated areas; and

(E) Description of response actions taken or planned.

(F) In the event of an emergency, additional information

as required by WAC 173-303-360.

(e) Provision of secondary containment, repair, or closure.

(i) Unless the owner/operator satisfies the requirements

of (e)(ii) through (iv) of this subsection, the tank system must

be closed in accordance with subsection (8) of this section.

(ii) If the cause of the release was a spill that has not

damaged the integrity of the system, the owner/operator may

return the system to service as soon as the released waste is

removed and repairs, if necessary, are made.

(iii) If the cause of the release was a leak from the primary tank system into the secondary containment system, the

system must be repaired prior to returning the tank system to

service.

(iv) If the source of the release was a leak to the environment from a component of a tank system without secondary

containment, the owner/operator must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of subsection

(4) of this section before it can be returned to service, unless

the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without

secondary containment as long as the requirements of (f) of

this subsection are satisfied. If a component is replaced to

comply with the requirements of this subitem, that component must satisfy the requirements for new tank systems or

components in subsections (3) and (4) of this section. Additionally, if a leak has occurred in any portion of a tank system

component that is not readily accessible for visual inspection

(e.g., the bottom of an inground or onground tank), the entire

component must be provided with secondary containment in

accordance with subsection (4) of this section prior to being

returned to use.

(f) Certification of major repairs. If the owner/operator

has repaired a tank system in accordance with (e) of this subsection, and the repair has been extensive (e.g., installation of

an internal liner; repair of a ruptured primary containment or

secondary containment vessel), the tank system must not be

returned to service unless the owner/operator has obtained a

certification by an independent, qualified, registered, professional engineer in accordance with WAC 173-303-810

(13)(a) that the repaired system is capable of handling dangerous wastes without release for the intended life of the system. This certification must be submitted to the department

within seven days after returning the tank system to use.

Note: See WAC 173-303-320 for the requirements necessary to

remedy a failure. Also, 40 CFR Part 302 may require the

owner or operator to notify the National Response Center of

certain releases.

(8) Closure and post-closure care.

(a) At closure of a tank system, the owner or operator

must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with

waste, and manage them as dangerous waste, unless WAC

173-303-070 (2)(a) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility
173-303-645 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 126] (6/30/09)

for tank systems must meet all of the requirements specified

in WAC 173-303-610 and 173-303-620.

(b) If the owner or operator demonstrates that not all

contaminated soils can be practicably removed or decontaminated as required in (a) of this subsection, then the owner or

operator must close the tank system and perform post-closure

care in accordance with the closure and post-closure care

requirements that apply to landfills (see WAC 173-303-

665(6)). In addition, for the purposes of closure, post-closure,

and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator must meet

all of the requirements for landfills specified in WAC 173-

303-610 and 173-303-620.

(c) If an owner or operator has a tank system that does

not have secondary containment that meets the requirements

of subsection (4)(b) through (f) of this section and is not

exempt from the secondary containment requirements in

accordance with subsection (4)(g) of this section, then:

(i) The closure plan for the tank system must include

both a plan for complying with (a) of this subsection and a

contingent plan for complying with (b) of this subsection.

(ii) A contingent post-closure plan for complying with

(b) of this subsection must be prepared and submitted as part

of the permit application.

(iii) The cost estimates calculated for closure and postclosure care must reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if

those costs are greater than the costs of complying with the

closure plan prepared for the expected closure under (a) of

this subsection.

(iv) Financial assurance must be based on the cost estimates in (c)(iii) of this subsection.

(v) For the purposes of the contingent closure and postclosure plans, such a tank system is considered to be a landfill, and the contingent plans must meet all of the closure,

post-closure, and financial responsibility requirements for

landfills under this chapter (WAC 173-303-610 and 173-303-

620).

(9) Special requirements for ignitable or reactive wastes.

(a) Ignitable or reactive waste must not be placed in tank

systems unless:

(i) The waste is treated, rendered, or mixed before or

immediately after placement in the tank system so that the

resulting waste, mixture, or dissolution of material no longer

meets the definition of ignitable or reactive waste under

WAC 173-303-090, and 173-303-395 (1)(b) is complied

with; or

(ii) The waste is stored or treated in such a way that it is

protected from any material or conditions which may cause

the waste to ignite or react; or

(iii) The tank system is used solely for emergencies.

(b) The owner or operator of a facility which treats or

stores ignitable or reactive waste in tanks must locate the

tanks in a manner equivalent to the National Fire Protection

Association's buffer zone requirements for tanks, contained

in Tables 2-1 through 2-6 of the NFPA-30 Flammable and

Combustible Liquids Code -1981, or as required by state and

local fire codes when such codes are more stringent. The

owner or operator must also comply with the requirements of

WAC 173-303-395 (1)(d).

(10) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and

materials, must not be placed in the same tank system, unless

WAC 173-303-395 (1)(b) is complied with.

(b) Dangerous waste must not be placed in a tank system

that has not been decontaminated and that previously held an

incompatible waste or material, unless WAC 173-303-395

(1)(b) is complied with.

(11) Air emission standards. The owner or operator must

manage all hazardous waste placed in a tank in accordance

with the applicable requirements of 40 CFR Subparts AA,

BB, and CC, which are incorporated by reference at WAC

173-303-690 through 173-303-692.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-640, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-640, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-640, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-640, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-640, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-640,

filed 1/4/89; 86-12-057 (Order DE-85-10), ß 173-303-640, filed 6/3/86; 84-

09-088 (Order DE 83-36), ß 173-303-640, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-

33), ß 173-303-640, filed 2/10/82. Formerly chapter 173-302 WAC.]

173-303-645 WAC 173-303-645 Releases from regulated units. (1)

Applicability.

(a)(i) Except as provided in (b) of this subsection, the

regulations in this section apply to owners and operators of

facilities that treat, store, or dispose of dangerous waste. The

owner or operator must satisfy the requirements identified in

(a)(ii) of this subsection for all wastes (or constituents

thereof) contained in solid waste management units at the

facility, regardless of the time at which waste was placed in

such units.

(ii) All solid waste management units must comply with

the requirements in WAC 173-303-64620. Regulated units

(as defined in WAC 173-303-040) must comply with the

requirements of subsections (2) through (12) of this section,

in lieu of WAC 173-303-64620, for purposes of detecting,

characterizing, and responding to releases to the uppermost

aquifer. The corrective action financial responsibility

requirements of WAC 173-303-64620 apply to corrective

action regulated units.

(b) The owner or operator's regulated unit or units are not

subject to regulation for releases into the uppermost aquifer

under this section if:

(i) The owner or operator is exempted under WAC 173-

303-600; or

(ii) He operates a unit which the department finds:

(A) Is an engineered structure;

(B) Does not receive or contain liquid waste or waste

containing free liquids;

(C) Is designed and operated to exclude liquid, precipitation, and other run-on and runoff;

(D) Has both inner and outer layers of containment

enclosing the waste;

(E) Has a leak detection system built into each containment layer;

(F) The owner or operator will provide continuing operation and maintenance of these leak detection systems during
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the active life of the unit and the closure and post-closure care

periods; and

(G) To a reasonable degree of certainty, will not allow

dangerous constituents to migrate beyond the outer containment layer prior to the end of the post-closure care period.

(iii) The department finds, pursuant to WAC 173-303-

655 (8)(d), that the treatment zone of a land treatment unit

does not contain levels of dangerous constituents that are

above background levels of those constituents by an amount

that is statistically significant, and if an unsaturated zone

monitoring program meeting the requirements of WAC 173-

303-655(6) has not shown a statistically significant increase

in dangerous constituents below the treatment zone during

the operating life of the unit. An exemption under this subsection can only relieve an owner or operator of responsibility to meet the requirements of this section during the postclosure care period; or

(iv) The department finds that there is no potential for

migration of liquid from a regulated unit to the uppermost

aquifer during the active life of the regulated unit (including

the closure period) and the post-closure care period. This

demonstration must be certified by a qualified geologist or

geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid,

the owner or operator must base any predictions made under

this subsection on assumptions that maximize the rate of liquid migration.

(c) The regulations under this section apply during the

active life of the regulated unit (including the closure period).

After closure of the regulated unit, the regulations in this section:

(i) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated

subsoils are removed or decontaminated at closure in accordance with the removal or decontamination limits specified

in WAC 173-303-610 (2)(b);

(ii) Apply during the post-closure care period if the

owner or operator is conducting a detection monitoring program under subsection (9) of this section; and

(iii) Apply during the compliance period under subsection (7) of this section, if the owner or operator is conducting

a compliance monitoring program under subsection (10) of

this section, or a corrective action program under subsection

(11) of this section.

(d) Regulations in this section may apply to miscellaneous units when necessary to comply with WAC 173-303-

680 (2) through (4).

(e) The director may, in an enforceable document,

replace all or part of the requirements of this section with

alternative requirements for ground water monitoring and

corrective action when he or she determines:

(i) A dangerous waste unit is situated among other solid

waste management units or areas of concern, a release has

occurred, and both the dangerous waste unit and one or more

of the solid waste management units or areas of concern are

likely to have contributed to the release; and

(ii) It is not necessary to apply the requirements of this

section because the alternative requirements will protect

human health and the environment.

(2) Required programs.

(a) Owners and operators subject to this section must

conduct a monitoring and response program as follows:

(i) Whenever dangerous constituents under subsection

(4) of this section, from a regulated unit are detected at the

compliance point under subsection (6) of this section, the

owner or operator must institute a compliance monitoring

program under subsection (10) of this section. Detected is

defined as statistically significant evidence of contamination

as described in subsection (9)(f) of this section;

(ii) Whenever the ground water protection standard

under subsection (3) of this section, is exceeded, the owner or

operator must institute a corrective action program under

subsection (11) of this section. Exceeded is defined as statistically significant evidence of increased contamination as

described in subsection (10)(h) of this section. Exceeded is

defined as statistically significant evidence of contamination

as described in WAC 173-303-645 (10)(d);

(iii) Whenever dangerous constituents under subsection

(4) of this section, from a regulated unit exceed concentration

limits under subsection (5) of this section, in ground water

between the compliance point under subsection (6) of this

section and the downgradient facility property boundary, the

owner or operator must institute a corrective action program

under subsection (11) of this section; and

(iv) In all other cases, the owner or operator must institute a detection monitoring program under subsection (9) of

this section.

(b) The department will specify in the facility permit the

specific elements of the monitoring and response program.

The department may include one or more of the programs

identified in (a) of this subsection, in the facility permit as

may be necessary to protect human health and the environment and will specify the circumstances under which each of

the programs will be required. In deciding whether to require

the owner or operator to be prepared to institute a particular

program, the department will consider the potential adverse

effects on human health and the environment that might

occur before final administrative action on a permit modification application to incorporate such a program could be

taken.

(3) Ground water protection standard. The owner or

operator must comply with conditions specified in the facility

permit that are designed to ensure that dangerous constituents

under subsection (4) of this section, detected in the ground

water from a regulated unit do not exceed the concentration

limits under subsection (5) of this section, in the uppermost

aquifer underlying the waste management area beyond the

point of compliance under subsection (6) of this section, during the compliance period under subsection (7) of this section. To the extent practical, the department will establish this

ground water protection standard in the facility permit at the

time the permit is issued. If the department determines that an

established standard is not protective enough, or if the department decides that it is not practical to establish standards at

the time of permit issuance, the department will establish the

ground water protection standard in the facility permit when

dangerous constituents have been detected in the ground

water from a regulated unit.

(4) Dangerous constituents.

(a) The department will specify in the facility permit the

dangerous constituents to which the ground water protection
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[Ch. 173-303 WACóp. 128] (6/30/09)

standard of subsection (3) of this section, applies. Dangerous

constituents are constituents identified in the Appendix

"Ground-Water Monitoring List" in Chemical Testing Methods for Designating Dangerous Waste which is incorporated

at WAC 173-303-110 (3)(c) and (7), and any other constituents not listed there which have caused a waste to be regulated under this chapter, that may be or have been detected in

ground water in the uppermost aquifer underlying a regulated

unit and that are reasonably expected to be in or derived from

waste contained in a regulated unit, unless the department has

excluded them under (b) of this subsection.

The department may also specify in the permit indicator

parameters (e.g., specific conductance, pH, total organic carbon (TOC), total organic halogen (TOX), or heavy metals),

waste constituents or reaction products as identified in the

detection monitoring program under subsection (9)(a) of this

section, that provide a reliable indication of the presence of

dangerous constituents in the ground water.

(b) The department will exclude a constituent on the

Appendix "Ground-Water Monitoring List" in Chemical

Testing Methods for Designating Dangerous Waste which is

incorporated at WAC 173-303-110 (3)(c) and (7), or other

identified constituent from the list of dangerous constituents

specified in the facility permit if it finds that the constituent is

not capable of posing a substantial present or potential hazard

to human health or the environment. In deciding whether to

grant an exemption, the department will consider the following:

(i) Potential adverse effects on ground water quality,

considering:

(A) The physical and chemical characteristics of the

waste in the regulated unit, including its potential for migration;

(B) The hydrogeological characteristics of the facility

and surrounding land;

(C) The quantity of ground water and the direction of

ground water flow;

(D) The proximity and withdrawal rates of ground water

users;

(E) The current and future uses of ground water in the

area;

(F) The existing quality of ground water, including other

sources of contamination and their cumulative impact on the

ground water quality;

(G) The potential for health risks caused by human exposure to waste constituents;

(H) The potential damage to wildlife, crops, vegetation,

and physical structures caused by exposure to waste constituents; and

(I) The persistence and permanence of the potential

adverse effects;

(ii) Potential adverse effects on hydraulically-connected

surface water quality, considering:

(A) The volume and physical and chemical characteristics of the waste in the regulated unit;

(B) The hydrogeological characteristics of the facility

and surrounding land;

(C) The quantity and quality of ground water, and the

direction of ground water flow;

(D) The patterns of rainfall in the region;

(E) The proximity of the regulated unit to surface waters;

(F) The current and future uses of surface waters in the

area and any water quality standards established for those

surface waters;

(G) The existing quality of surface water, including other

sources of contamination and the cumulative impact on surface water quality;

(H) The potential for health risks caused by human exposure to waste constituents;

(I) The potential damage to wildlife, crops, vegetation,

and physical structures caused by exposure to waste constituents; and

(J) The persistence and permanence of the potential

adverse effects; and

(iii) Any identification of underground sources of drinking water and exempted aquifers made pursuant to chapter

90.48 RCW, chapter 270, Laws of 1983, and other applicable

state laws and regulations.

(5) Concentration limits.

(a) The department will specify in the facility permit

concentration limits in the ground water for dangerous constituents established under subsection (4) of this section. The

concentration of a dangerous constituent:

(i) Must not exceed the background level of that constituent in the ground water at the time that limit is specified in

the permit; or

(ii) For any of the constituents listed in Table 1 of this

subsection, must not exceed the respective value given in that

table if the background level of the constituent is below the

value given in Table 1; or

(iii) Must not exceed an alternate limit established by the

department under (b) of this subsection.

Table 1.

Maximum Concentration of Constituents

for Ground Water Protection

1

Milligrams per liter.

(b) The department will establish an alternate concentration limit for a dangerous constituent if it finds that the constituent will not pose a substantial present or potential hazard

to human health or the environment as long as the alternate

concentration limit is not exceeded. In establishing alternate

Constituent

Maximum

Concentration1

Arsenic

 

0.05

Barium 1.0

Cadmium 0.01

Chromium 0.05

Lead 0.05

Mercury 0.002

Selenium 0.01

Silver 0.05

Endrin 0.0002

Lindane 0.004

Methoxychlor 0.1

Toxaphene 0.005

2,4-D 0.1m

2,4,5-TP Silvex 0.01
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concentration limits, the department will consider the same

factors listed in subsection (4)(b)(i) through (iii) of this section.

(6) Point of compliance.

(a) The department will specify in the facility permit the

point of compliance at which the ground water protection

standard of subsection (3) of this section, applies and at

which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends

down into the uppermost aquifer underlying the regulated

units. Alternatively, the point of compliance may be any

closer points identified by the department at the time the permit is issued, considering the risks of the facility, the wastes

and constituents managed there, the potential for waste constituents to have already migrated past the alternate compliance point, and the potential threats to ground and surface

waters.

(b) The waste management area is the limit projected in

the horizontal plane of the area on which waste will be placed

during the active life of a regulated unit. The waste management area includes horizontal space taken up by any liner,

dike, or other barrier designed to contain waste in a regulated

unit. If the facility contains more than one regulated unit, the

waste management area is described by an imaginary line circumscribing the several regulated units.

(7) Compliance period.

(a) The department will specify in the facility permit the

compliance period during which the ground water protection

standard of subsection (3) of this section applies. The compliance period is the number of years equal to the active life of

the waste management area (including any waste management activity prior to permitting, and the closure period).

(b) The compliance period begins when the owner or

operator initiates a compliance monitoring program meeting

the requirements of subsection (10) of this section.

(c) If the owner or operator is engaged in a corrective

action program at the end of the compliance period specified

in (a) of this subsection, the compliance period is extended

until the owner or operator can demonstrate that the ground

water protection standard of subsection (3) of this section,

has not been exceeded for a period of three consecutive years.

(8) General ground water monitoring requirements.

The owner or operator must comply with the requirements of this subsection for any ground water monitoring

program developed to satisfy subsections (9), (10), or (11) of

this section.

(a) The ground water monitoring system must consist of

a sufficient number of wells, installed at appropriate locations

and depths to yield ground water samples from the uppermost

aquifer that:

(i) Represent the quality of background ground water

that has not been affected by leakage from a regulated unit;

 A determination of background ground water quality

may include sampling of wells that are not hydraulically

upgradient of the waste management area where:

(A) Hydrogeologic conditions do not allow the owner or

operator to determine what wells are hydraulically upgradient; and

(B) Sampling at other wells will provide an indication of

background ground water quality that is representative or

more representative than that provided by the upgradient

wells; and

(ii) Represent the quality of ground water passing the

point of compliance.

(iii) Allow for the detection of contamination when dangerous waste or dangerous constituents have migrated from

the waste management area to the uppermost aquifer.

(b) If a facility contains more than one regulated unit,

separate ground water monitoring systems are not required

for each regulated unit, provided that provisions for sampling

the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of dangerous

constituents from the regulated units that have entered the

ground water in the uppermost aquifer.

(c) All monitoring wells must be cased in a manner that

maintains the integrity of the monitoring well bore hole. This

casing must allow collection of representative ground water

samples. Wells must be constructed in such a manner as to

prevent contamination of the samples, the sampled strata, and

between aquifers and water bearing strata. Wells must meet

the requirements set forth in chapter 173-160 WAC, "Minimum standards for construction and maintenance of wells."

(d) The ground water monitoring program must include

at a minimum, procedures and techniques for:

(i) Decontamination of drilling and sampling equipment;

(ii) Sample collection;

(iii) Sample preservation and shipment;

(iv) Analytical procedures and quality assurance; and

(v) Chain of custody control.

(e) The ground water monitoring program must include

consistent sampling and analytical methods that ensure reliable ground water sampling, accurately measure dangerous

constituents and indicator parameters in ground water samples, and provide a reliable indication of ground water quality

below the waste management area.

(f) The ground water monitoring program must include a

determination of the ground water surface elevation each

time ground water is sampled.

(g) In detection monitoring or where appropriate in compliance monitoring, data on each dangerous constituent specified in the permit will be collected from background wells

and wells at the compliance point(s). The number and kinds

of samples collected to establish background must be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size must be

as large as necessary to ensure with reasonable confidence

that a contaminant release to ground water from a facility will

be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous

constituent listed in the facility permit which will be specified in the unit permit upon approval by the department. This

sampling procedure will be:

(i) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible,

that an independent sample is obtained, by reference to the

uppermost aquifer's effective porosity, hydraulic conductivity and hydraulic gradient, and the fate and transport characteristics of the potential contaminants; or

(ii) An alternate sampling procedure proposed by the

owner or operator and approved by the department.
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[Ch. 173-303 WACóp. 130] (6/30/09)

(h) The owner or operator will specify one of the following statistical methods to be used in evaluating ground water

monitoring data for each hazardous constituent which, upon

approval by the department, will be specified in the unit permit. The statistical test chosen must be conducted separately

for each dangerous constituent in each well. Where practical

quantification limits (pql's) are used in any of the following

statistical procedures to comply with (i)(v) of this subsection,

the pql must be proposed by the owner or operator and

approved by the department. Use of any of the following statistical methods must be protective of human health and the

environment and must comply with the performance standards outlined in (i) of this subsection.

(i) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method

must include estimation and testing of the contrasts between

each compliance well's mean and the background mean levels for each constituent.

(ii) An analysis of variance (ANOVA) based on ranks

followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method

must include estimation and testing of the contrasts between

each compliance well's median and the background median

levels for each constituent.

(iii) A tolerance or prediction interval procedure in

which an interval for each constituent is established from the

distribution of the background data, and the level of each

constituent in each compliance well is compared to the upper

tolerance or prediction limit.

(iv) A control chart approach that gives control limits for

each constituent.

(v) Another statistical test method submitted by the

owner or operator and approved by the department.

(i) Any statistical method chosen under (h) of this subsection for specification in the unit permit must comply with

the following performance standards, as appropriate:

(i) The statistical method used to evaluate ground water

monitoring data must be appropriate for the distribution of

chemical parameters or dangerous constituents. If the distribution of the chemical parameters or dangerous constituents

is shown by the owner or operator to be inappropriate for a

normal theory test, then the data should be transformed or a

distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical

method may be needed.

(ii) If an individual well comparison procedure is used to

compare an individual compliance well constituent concentration with background constituent concentrations or a

ground water protection standard, the test must be done at a

Type I error level no less than 0.01 for each testing period. If

a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period must be no less

than 0.05; however, the Type I error of no less than 0.01 for

individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

(iii) If a control chart approach is used to evaluate

ground water monitoring data, the specific type of control

chart and its associated parameter values must be proposed

by the owner or operator and approved by the department if it

finds it to be protective of human health and the environment.

(iv) If a tolerance interval or a prediction interval is used

to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, must be proposed by

the owner or operator and approved by the department if it

finds these parameters to be protective of human health and

the environment. These parameters will be determined after

considering the number of samples in the background data

base, the data distribution, and the range of the concentration

values for each constituent of concern.

(v) The statistical method must account for data below

the limit of detection with one or more statistical procedures

that are protective of human health and the environment. Any

practical quantification limit (pql) approved by the department under (h) of this subsection that is used in the statistical

method must be the lowest concentration level that can be

reliably achieved within specified limits of precision and

accuracy during routine laboratory operating conditions that

are available to the facility.

(vi) If necessary, the statistical method must include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(j) Ground water monitoring data collected in accordance with (g) of this subsection including actual levels of

constituents must be maintained in the facility operating

record. The department will specify in the permit when the

data must be submitted for review.

(9) Detection monitoring program. An owner or operator

required to establish a detection monitoring program under

this subsection must, at a minimum, discharge the responsibilities described in this subsection.

(a) The owner or operator must monitor for indicator

parameters (e.g., pH, specific conductance, total organic carbon (TOC), total organic halogen (TOX), or heavy metals),

waste constituents, or reaction products that provide a reliable indication of the presence of dangerous constituents in

ground water. The department will specify the parameters or

constituents to be monitored in the facility permit, after considering the following factors:

(i) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;

(ii) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone

beneath the waste management area;

(iii) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and

(iv) The concentrations or values and coefficients of

variation of proposed monitoring parameters or constituents

in the ground water background.

(b) The owner or operator must install a ground water

monitoring system at the compliance point, as specified

under subsection (6) of this section. The ground water monitoring system must comply with subsection (8)(a)(ii), (b), and

(c) of this section.

(c) The owner or operator must conduct a ground water

monitoring program for each chemical parameter and dangerous constituent specified in the permit pursuant to (a) of this

subsection in accordance with subsection (8)(g) of this section. The owner or operator must maintain a record of ground
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water analytical data as measured and in a form necessary for

the determination of statistical significance under subsection

(8)(h) of this section.

(d) The department will specify the frequencies for collecting samples and conducting statistical tests to determine

whether there is statistically significant evidence of contamination for any parameter or dangerous constituent specified

in the permit under (a) of this subsection in accordance with

subsection (8)(g) of this section.

(e) The owner or operator must determine the ground

water flow rate and direction in the uppermost aquifer at least

annually.

(f) The owner or operator must determine whether there

is statistically significant evidence of contamination for any

chemical parameter of dangerous constituent specified in the

permit pursuant to (a) of this subsection at a frequency specified under (d) of this subsection.

(i) In determining whether statistically significant evidence of contamination exists, the owner or operator must

use the method(s) specified in the permit under subsection

(8)(h) of this section. These method(s) must compare data

collected at the compliance point(s) to the background

ground water quality data.

(ii) The owner or operator must determine whether there

is statistically significant evidence of contamination at each

monitoring well as the compliance point within a reasonable

period of time after completion of sampling. The department

will specify in the facility permit what period of time is reasonable after considering the complexity of the statistical test

and the availability of laboratory facilities to perform the

analysis of ground water samples.

(g) If the owner or operator determines pursuant to (f) of

this subsection that there is statistically significant evidence

of contamination for chemical parameters or dangerous constituents specified pursuant to (a) of this subsection at any

monitoring well at the compliance point, he or she must:

(i) Notify the department of this finding in writing within

seven days. The notification must indicate what chemical

parameters or dangerous constituents have shown statistically significant evidence of contamination:

(ii) Immediately sample the ground water in all monitoring wells and determine whether constituents in the Appendix "Ground-Water Monitoring List" in Chemical Testing

Methods for Designating Dangerous Waste which is incorporated at WAC 173-303-110 (3)(c) are present, and if so, in

what concentration. However, the department, on a discretionary basis, may allow sampling for a site-specific subset of

constituents from the "Ground-Water Monitoring List"

Appendix and other representative/related waste constituents.

(iii) For any "Ground-Water Monitoring List" Appendix

compounds found in the analysis pursuant to (g)(ii) of this

subsection, the owner or operator may resample within one

month or according to an alternative site-specific schedule

approved by the director and repeat the analysis for those

compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the

basis for compliance monitoring. If the owner or operator

does not resample for the compounds in (g)(ii) of this subsection, the dangerous constituents found during this initial

"Ground-Water Monitoring List" Appendix analysis will

form the basis for compliance monitoring.

(iv) Within ninety days, submit to the department an

application for a permit modification to establish a compliance monitoring program meeting the requirements of subsection (10) of this section. The application must include the

following information:

(A) An identification of the concentration of any

"Ground-Water Monitoring List" Appendix constituent

detected in the ground water at each monitoring well at the

compliance point;

(B) Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements

of subsection (10) of this section;

(C) Any proposed additions or changes to the monitoring

frequency, sampling and analysis procedures or methods, or

statistical methods used at the facility necessary to meet the

requirements of subsection (10) of this section;

(D) For each dangerous constituent detected at the compliance point, a proposed concentration limit under subsection (5)(a)(i) or (ii) of this section, or a notice of intent to seek

an alternate concentration limit under subsection (5)(b) of

this section; and

(v) Within one hundred eighty days, submit to the

department:

(A) All data necessary to justify an alternate concentration limit sought under subsection (5)(b) of this section; and

(B) An engineering feasibility plan for a corrective

action program necessary to meet the requirement of subsection (11) of this section unless:

(I) All dangerous constituents identified under (g)(ii) of

this subsection are listed in Table I of subsection (5) of this

section and their concentrations do not exceed the respective

values given in that Table; or

(II) The owner or operator has sought an alternate concentration limit under subsection (5)(b) of this section for

every dangerous constituent identified under (g)(ii) of this

subsection.

(vi) If the owner or operator determines, pursuant to (f)

of this subsection, that there is a statistically significant difference for chemical parameters or dangerous constituents

specified pursuant to (a) of this subsection at any monitoring

well at the compliance point, he or she may demonstrate that

a source other than a regulated unit caused the contamination

or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in

the ground water. The owner operator may make a demonstration under this subsection in addition to, or in lieu of, submitting a permit modification application under (g)(iv) of this

subsection; however, the owner or operator is not relieved of

the requirement to submit a permit modification application

within the time specified in (g)(iv) of this subsection unless

the demonstration made under this subsection successfully

shows that a source other than a regulated unit caused the

increase, or that the increase resulted from error in sampling,

analysis, or evaluation. In making a demonstration under this

subsection, the owner or operator must:

(A) Notify the department in writing within seven days

of determining statistically significant evidence of contamination at the compliance point that he intends to make a demonstration under this subsection;
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[Ch. 173-303 WACóp. 132] (6/30/09)

(B) Within ninety days, submit a report to the department

which demonstrates that a source other than a regulated unit

caused the contamination or that the contamination resulted

from error in sampling, analysis, or evaluation;

(C) Within ninety days, submit to the department an

application for a permit modification to make any appropriate

changes to the detection monitoring program facility; and

(D) Continue to monitor in accordance with the detection

monitoring program established under this section.

(h) If the owner or operator determines that the detection

monitoring program no longer satisfies the requirements of

this section, he or she must, within ninety days, submit an

application for a permit modification to make any appropriate

changes to the program.

(10) Compliance monitoring program. An owner or

operator required to establish a compliance monitoring program under this section must, at a minimum, discharge the

responsibilities described in this subsection.

(a) The owner or operator must monitor the ground water

to determine whether regulated units are in compliance with

the ground water protection standard under subsection (3) of

this section. The department will specify the ground water

protection standard in the facility permit, including:

(i) A list of the dangerous constituents and parameters

identified under subsection (4) of this section;

(ii) Concentration limits under subsection (5) of this section for each of those dangerous constituents and parameters;

(iii) The compliance point under subsection (6) of this

section; and

(iv) The compliance period under subsection (7) of this

section.

(b) The owner or operator must install a ground water

monitoring system at the compliance point as specified under

subsection (6) of this section. The ground water monitoring

system must comply with subsection (8)(a)(ii), (b), and (c) of

this section.

(c) The department will specify the sampling procedures

and statistical methods appropriate for the constituents and

the facility, consistent with subsection (8)(g) and (h) of this

section.

(i) The owner or operator must conduct a sampling program for each chemical parameter or dangerous constituent

in accordance with subsection (8)(g) of this section.

(ii) The owner or operator must record ground water analytical data as measured and in form necessary for the determination of statistical significance under subsection (8)(h) of

this section for the compliance period of the facility.

(d) The owner or operator must determine whether there

is statistically significant evidence of increased contamination for any chemical parameter or dangerous constituent

specified in the permit, pursuant to (a) of this subsection, at a

frequency specified under (f) of this subsection.

(i) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under subsection (8)(h) of this section. The method(s) must compare

data collected at the compliance point(s) to a concentration

limit developed in accordance with subsection (5) of this section.

(ii) The owner or operator must determine whether there

is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a

reasonable time period after completion of sampling. The

department will specify that time period in the facility permit,

after considering the complexity of the statistical test and the

availability of laboratory facilities to perform the analysis of

ground water samples.

(e) The owner or operator must determine the rate and

direction of ground water flow in the uppermost aquifer at

least annually.

(f) The department will specify the frequencies for collecting samples and conducting statistical tests to determine

statistically significant evidence of increased contamination

in accordance with subsection (8)(g) of this section.

(g) Annually, the owner or operator must determine

whether additional dangerous waste constituents from the

Appendix "Ground-Water Monitoring List" in Chemical

Testing Methods for Designating Dangerous Waste (which is

incorporated at WAC 173-303-110 (3)(c)), which could possibly be present but are not on the detection monitoring list in

the permit, are actually present in the uppermost aquifer and,

if so, at what concentration, pursuant to procedures in (f) of

this subsection. To accomplish this, the owner or operator

must consult with the department to determine on a case-bycase basis: Which sample collection event during the year

will involve enhanced sampling; the number of monitoring

wells at the compliance point to undergo enhanced sampling;

the number of samples to be collected from each of these

monitoring wells; and the specific constituents from the

"Ground-Water Monitoring List" Appendix for which these

samples must be analyzed. If the enhanced sampling event

indicates that "Ground-Water Monitoring List" Appendix

constituents are present in the ground water that are not

already identified in the permit as monitoring constituents,

the owner or operator may resample within one month or at

an alternative site-specific schedule approved by the department, and repeat the analysis. If the second analysis confirms

the presence of new constituents, the owner or operator must

report the concentration of these additional constituents to the

department within seven days after the completion of the second analysis and add them to the monitoring list. If the owner

or operator chooses not to resample, then he or she must

report the concentrations of these additional constituents to

the department within seven days after completion of the initial analysis, and add them to the monitoring list.

(h) If the owner or operator determines, pursuant to (d)

of this subsection, that any concentration limits under subsection (5) of this section are being exceeded at any monitoring

well at the point of compliance, he must:

(i) Notify the department of this finding in writing within

seven days. The notification must indicate what concentration limits have been exceeded;

(ii) Submit to the department an application for a permit

modification to establish a corrective action program meeting

the requirements of subsection (11) of this section, within

ninety days, or within sixty days if an engineering feasibility

study has been previously submitted to the department under

subsection (9)(h)(v) of this section. For regulated units managing EHW, time frames of sixty days and forty-five days,

respectively will apply. However, if the department finds that

the full extent of the ninety/sixty-day or the sixty/forty-fiveday time periods will increase the likelihood to cause a threat
Dangerous Waste Regulations 173-303-645

(6/30/09) [Ch. 173-303 WACóp. 133]

to public health, or the environment, it can at its discretion

reduce their duration. In specifying shorter limits, the department will consider the following factors:

(A) The physical and chemical characteristics of the dangerous constituents and parameters in the ground water;

(B) The hydrogeological characteristics of the facility

and of the surrounding land;

(C) The rate of movement and direction of flow of the

affected ground water;

(D) The proximity to and withdrawal rates of ground

water users downgradient; and

(E) The current and future uses of ground water in the

concerned area; and

(iii) The application must at a minimum include the following information:

(A) A detailed description of corrective actions that will

achieve compliance with the ground water protection standard specified in the permit under (a) of this subsection; and

(B) A plan for a ground water monitoring program that

will demonstrate the effectiveness of the corrective action.

Such a ground water monitoring program may be based on a

compliance monitoring program developed to meet the

requirements of this subsection.

(i) If the owner or operator determines, pursuant to (d) of

this subsection, that the ground water concentration limits

under this section are being exceeded at any monitoring well

at the point of compliance, he may demonstrate that a source

other than a regulated unit caused the contamination or that

the detection is an artifact caused by an error in sampling,

analysis, or statistical evaluation or natural variation in the

ground water. In making a demonstration under this subsection, the owner or operator must:

(i) Notify the department in writing within seven days

that he intends to make a demonstration under this subsection;

(ii) Within forty-five days, submit a report to the department which demonstrates that a source other than a regulated

unit caused the standard to be exceeded or that the apparent

noncompliance with the standards resulted from error in sampling, analysis, or evaluation;

(iii) Within forty-five days, submit to the department an

application for a permit modification to make appropriate

changes to the compliance monitoring program at the facility;

and

(iv) Continue to monitor in accord with the compliance

monitoring program established under this section.

(j) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements

of this section, he must, within forty-five days, submit an

application for a permit modification to make any appropriate

changes to the program.

(11) Corrective action program. An owner or operator

required to establish a corrective action program under this

section must, at a minimum, discharge the responsibilities

described in this subsection.

(a) The owner or operator must take corrective action to

ensure that regulated units are in compliance with the ground

water protection standard under subsection (3) of this section.

The department will specify the ground water protection

standard in the facility permit, including:

(i) A list of the dangerous constituents and parameters

identified under subsection (4) of this section;

(ii) Concentration limits under subsection (5) of this section, for each of those dangerous constituents and parameters;

(iii) The compliance point under subsection (6) of this

section; and

(iv) The compliance period under subsection (7) of this

section.

(b) The owner or operator must implement a corrective

action program that prevents dangerous constituents and

parameters from exceeding their respective concentration

limits at the compliance point by removing the dangerous

waste constituents and parameters or treating them in place.

The permit will specify the specific measures that will be

taken.

(c) The owner or operator must begin corrective action

within a reasonable time period after the ground water protection standard is exceeded. The department will specify that

time period in the facility permit. If a facility permit includes

a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective

action will begin and such a requirement will operate in lieu

of subsection (10)(i)(ii) of this section.

(d) In conjunction with a corrective action program, the

owner or operator must establish and implement a ground

water monitoring program to demonstrate the effectiveness

of the corrective action program. Such a monitoring program

may be based on the requirements for a compliance monitoring program under subsection (10) of this section, and must

be as effective as that program in determining compliance

with the ground water protection standard under subsection

(3) of this section, and in determining the success of a corrective action program under (e) of this subsection, where appropriate.

(e) In addition to the other requirements of this section,

the owner or operator must conduct a corrective action program to remove or treat in place any dangerous constituents

or parameters under subsection (4) of this section, that exceed

concentration limits under subsection (5) of this section, in

ground water between the compliance point under subsection

(6) of this section, and the downgradient facility property

boundary; and beyond the facility boundary, where necessary

to protect human health and the environment, unless the

owner or operator demonstrates to the satisfaction of the

department that, despite the owner's or operator's best efforts,

the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not

relieved of all responsibility to clean up a release that has

migrated beyond the facility boundary where off-site access

is denied. On-site measures to address such releases will be

determined on a case-by-case basis. For a facility seeking or

required to have a permit, the corrective action measures to

be taken must be specified in the permit.

(i) Corrective action measures under this subsection

must be initiated at the effective date of the modified permit

and completed without time delays considering the extent of

contamination.

(ii) Corrective action measures under this subsection

may be terminated once the concentration of dangerous constituents and parameters under subsection (4) of this section,
173-303-646 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 134] (6/30/09)

is reduced to levels below their respective concentration limits under subsection (5) of this section.

(f) The owner or operator must continue corrective

action measures during the compliance period to the extent

necessary to ensure that the ground water protection standard

is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he must

continue that corrective action for as long as necessary to

achieve compliance with the ground water protection standard. The owner or operator may terminate corrective action

measures taken beyond the period equal to the active life of

the waste management area (including the closure period) if

he can demonstrate, based on data from the ground water

monitoring program under (d) of this subsection, that the

ground water protection standard of subsection (3) of this

section, has not been exceeded for a period of three consecutive years.

(g) The owner or operator must report in writing to the

department on the effectiveness of the corrective action program. The owner or operator must submit these reports semiannually.

(h) If the owner or operator determines that the corrective action program no longer satisfies the requirements of

this section, he must, within forty-five days, submit an application for a permit modification to make any appropriate

changes to the program.

(12) Use of the Model Toxics Control Act.

(a) The department may require the owner/operator of a

facility to fulfill his corrective action responsibilities under

WAC 173-303-645 using an enforceable action issued pursuant to the Model Toxics Control Act, as amended, (chapter

70.105D RCW) and its implementing regulations.

(b) Corrective action requirements imposed by an action

issued pursuant to the Model Toxics Control Act will be in

compliance with the requirements of WAC 173-303-645 and

the requirements of chapter 173-303 WAC to the extent

required by RCW 70.105D.030 (2)(d) and WAC 173-340-

710.

(c) In the case of facilities seeking or required to have a

permit under the provisions of this chapter the department

will incorporate corrective action requirements imposed pursuant to the Model Toxics Control Act into permits at the

time of permit issuance. Such incorporation will in no way

affect the timing or scope of review of the Model Toxics

Control Act action.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-645, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-645, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-645, 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), ß 173-303-645, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-645, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-645, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-645,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-645, filed 1/4/89; 84-09-088 (Order DE

83-36), ß 173-303-645, filed 4/18/84.]

173-303-646 WAC 173-303-646 Corrective action. WAC 173-303-

646 has been broken down into the following sections:

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-646, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-646, 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), ß 173-303-646, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-646, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-646, filed 12/8/93, effective 1/8/94.]

173-303-64610 WAC 173-303-64610 Purpose and applicability. (1)

The provisions of this section, and WAC 173-303-64620 and

173-303-64630, establish requirements for corrective action

for releases of dangerous wastes and dangerous constituents

including releases from solid waste management units.

(2) The provisions of this section apply to facilities seeking or required to have a permit to treat, store, recycle or dispose of dangerous waste.

(3) The provisions of this section do not apply to

cleanup-only facilities.

(4) For purposes of this section, dangerous constituent

means any constituent identified in WAC 173-303-9905 or

Appendix "Ground-Water Monitoring List" in Chemical

Testing Methods for Designating Dangerous Waste which is

incorporated at WAC 173-303-110 (3)(c), any constituent

that caused a waste to be listed as a dangerous waste or to

exhibit a dangerous characteristic under this chapter or to

meet a dangerous waste criteria under this chapter, and any

constituent that is within the meaning of "hazardous substance" under RCW 70.105D.020(7).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-64610, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64610, filed 11/30/04,

effective 1/1/05.]

173-303-64620 WAC 173-303-64620 Requirements. (1) The owner or

operator of a facility must institute corrective action as necesOld citation

WAC 173-303-64610 Purpose and applicabilityWAC 173-303-646(1)

WAC 173-303-64620 Requirements WAC 173-303-646(2)

WAC 173-303-64630 Use of the Model Toxics Control ActWAC 173-303-646(3)

WAC 173-303-64640 Grandfathered corrective action management units (CAMUs)WAC 173-303-646 (4) 

through (6)

WAC 173-303-64650 Corrective action management unit (CAMU)WAC 173-303-646(4)

WAC 173-303-64660 Designation of a corrective action management unitWAC 173-303-646(5)

WAC 173-303-64670 Incorporation of a regulated unit within a 

CAMU

WAC 173-303-646(6)

WAC 173-303-64680 Temporary units (TUs) WAC 173-303-646(7)

WAC 173-303-64690 Staging piles WAC 173-303-646(8)

WAC 173-303-646910 Disposal of CAMUeligible wastes into 

permitted hazardous 

waste landfills

WAC

173-303-646920

Disposal of CAMUeligible wastes into 

permitted hazardous 

waste landfills located 

outside Washington
Dangerous Waste Regulations 173-303-64640

(6/30/09) [Ch. 173-303 WACóp. 135]

sary to protect human health and the environment for all

releases of dangerous wastes and dangerous constituents,

including releases from all solid waste management units at

the facility. Corrective action is required regardless of the

time at which waste was managed at the facility or placed in

such units and regardless of whether such facilities or units

were intended for the management of solid or dangerous

waste. Assurances of financial responsibility for such corrective action must be provided.

(2) The owner/operator must implement corrective

actions beyond the facility property boundary, where necessary to protect human health and the environment. Additionally, as necessary to protect human health and the environment, the department may require the owner/operator to

implement on site measures to address releases which have

migrated beyond the facility boundary. Assurances of financial responsibility for such corrective action must be provided.

(3) In the case of a facility seeking or required to have a

permit under the provisions of chapter 173-303 WAC, corrective action must be specified in the permit. The permit will

contain schedules of compliance for such corrective action

(where such corrective action cannot be completed prior to

issuance of the permit) and assurances of financial responsibility for completion of such corrective action.

(4) At a minimum, corrective actions must be consistent

with the following requirements of chapter 173-340 WAC.

(a) As necessary to select a cleanup action consistent

with WAC 173-340-360, 173-340-350, state remedial investigation and feasibility study. Information that is adequate to

support selection of a cleanup action consistent with WAC

173-340-360 but was developed under a different authority

(for example, as part of closure under WAC 173-303-610 or

as part of a federally overseen cleanup) may be used.

(b) WAC 173-340-360, selection of cleanup actions.

(c) WAC 173-340-400, implementation of the cleanup

action.

(d) WAC 173-340-410, compliance monitoring requirements.

(e) WAC 173-340-420, periodic review.

(f) WAC 173-340-440, institutional controls.

(g) WAC 173-340-700 through 173-340ñ760, cleanup

standards.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64620, filed 11/30/04,

effective 1/1/05.]

173-303-64630 WAC 173-303-64630 Use of the Model Toxics Control Act. (1) The department may require the owner/operator

of a facility to fulfill his corrective action responsibilities

under WAC 173-303-64620 using an enforceable action

issued pursuant to the Model Toxics Control Act, as

amended, (chapter 70.105D RCW) and its implementing regulations.

(2) Corrective action requirements imposed by the

department in an action issued pursuant to the Model Toxics

Control Act will be in compliance with the requirements of

WAC 173-303-64620 and the requirements of chapter 173-

303 WAC to the extent required by RCW 70.105D.030 (2)(d)

and WAC 173-340-710.

(3) In the case of facilities seeking or required to have a

permit under the provisions of this chapter the department

will incorporate corrective action requirements imposed pursuant to the Model Toxics Control Act into permits at the

time of permit issuance. Such incorporation will in no way

affect the timing or scope of review of the Model Toxics

Control Act action.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64630, filed 11/30/04,

effective 1/1/05.]

173-303-64640 WAC 173-303-64640 Grandfathered corrective

action management units (CAMUs). (1)(a) In accordance

with the requirements of this section and WAC 173-303-

64610 through 173-303-64630, the department may designate an area at a facility as a corrective action management

unit for the purpose of treating, storing or disposing of remediation waste that originates at the same facility in order to

implement remedies under this section or to implement other

cleanup actions. Corrective action management unit means

an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup

at the facility. A CAMU must be located within the contiguous property under the control of the owner or operator where

the wastes to be managed in the CAMU originated. One or

more CAMUs may be designated at a facility.

(b) Designation of a CAMU will not in any way affect

the department's existing authorities, including authority

under chapter 70.105D RCW, to address clean-up levels,

media-specific points of compliance, or other remedy selection decisions.

(c) Designation of a CAMU will not in any way affect

the timing or scope of review of any actions taken under the

Model Toxics Control Act pursuant to WAC 173-303-64630

to fulfill the corrective action requirements of WAC 173-

303-64620 or the corrective action requirements of WAC

173-303-645.

(2) Designation of a corrective action management unit.

(a) When designating a CAMU, the director will do so in

accordance with the following:

(i) The CAMU will facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(ii) Waste management activities associated with the

CAMU will not create unacceptable risks to humans or the

environment resulting from exposure to dangerous wastes or

dangerous constituents;

(iii) The CAMU will include uncontaminated areas of

the facility only if including such areas for the purposes of

managing remediation wastes is more protective than management of such wastes at contaminated areas of the facility;

(iv) Areas within the CAMU where wastes remain in

place after closure of the CAMU, will be managed and contained so as to minimize future releases of dangerous wastes

and dangerous constituents to the extent practicable;

(v) When appropriate and practicable, the CAMU will

expedite the timing of remedial activity implementation;

(vi) The CAMU will enable the use, when appropriate,

of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial

actions by reducing the toxicity, mobility, or volume of
173-303-64650 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 136] (6/30/09)

wastes that will remain in place after closure of the CAMU;

and

(vii) The CAMU will, to the extent practicable, minimize

the land area of the facility upon which wastes will remain in

place after closure of the CAMU.

(b) When designating a CAMU, the director will specify

requirements for the CAMU including the following:

(i) The areal configuration of the CAMU;

(ii) Requirements for remediation waste management

within the CAMU including specification of applicable

design, operation, and closure requirements;

(iii) Requirements for ground water and vadose zone

monitoring that are sufficient to:

(A) Continue to detect and to characterize the nature,

extent, concentration, direction, and movement of existing

releases of dangerous waste and dangerous constituents in

ground water from sources located within the CAMU; and

(B) Detect and subsequently characterize releases of

dangerous waste and dangerous constituents to ground water

that may occur from areas of the CAMU in which wastes will

remain in place after CAMU closure.

(iv) Requirements for closure that will minimize the

need for further maintenance of the CAMU; and control,

minimize, or eliminate to the extent necessary to protect

human health and the environment, for areas where wastes

remain in place, post-closure escape of dangerous waste, dangerous constituents, leachate, contaminated runoff, or dangerous waste decomposition products to the ground, to

ground waters, to surface waters, or to the atmosphere and

will include, as appropriate and deemed necessary by the

director, the following:

(A) Requirements for excavation, removal, treatment,

and/or containment of wastes;

(B) For areas in which wastes will remain after closure

of the CAMU, requirements for capping of such areas; and

(C) Requirements for removal and decontamination of

equipment, devices, and structures used in remediation waste

management activities within the CAMU.

(c) In establishing closure requirements for CAMUs

under (b)(iv) of this subsection, the director will consider the

following factors:

(i) CAMU characteristics;

(ii) Volume of wastes which will remain in place after

CAMU closure;

(iii) Potential for releases from the CAMU;

(iv) Physical and chemical characteristics of the waste;

(v) Hydrological and other relevant environmental conditions at the facility which may influence the migration of

any potential or actual releases in and/or from the CAMU;

and

(vi) Potential for exposure of humans and environmental

receptors if releases were to occur at or from the CAMU.

(d) The director will, for areas of the CAMU in which

wastes will remain in place after CAMU closure, specify

post-closure requirements to control, minimize, or eliminate,

to the extent necessary to protect human health and the environment, post-closure escape of dangerous waste, dangerous

constituents, leachate, contaminated runoff, and dangerous

waste decomposition products to the ground, to ground

waters, to surface waters, and to the atmosphere. Such postclosure requirements will include, as necessary to protect

human health and the environment, monitoring and maintenance activities and the frequency with which such activities

will be performed to ensure the integrity of any cap, final

cover, or other containment system.

(e) The owner/operator of a facility must provide sufficient information to enable the director to designate a CAMU

in accordance with the criteria in WAC 173-303-64650, 173-

303-64660, and 173-303-64670.

(f) The director will document the rationale for designating CAMUs and will make such documentation available to

the public.

(g) Incorporation of the designation of and requirements

for a CAMU into an existing permit must be approved by the

director according to the procedures for agency initiated permit modifications under WAC 173-303-830(3), or according

to the permit modification procedures of WAC 173-303-

830(4).

(3) Incorporation of a regulated unit within a CAMU.

(a) The director may designate a regulated unit (as

defined in WAC 173-303-040) as a CAMU, or may incorporate a regulated unit into a CAMU, if:

(i) The regulated unit is closed or closing, meaning it has

begun the closure process under WAC 173-303-610(4) or 40

CFR Part 265.113, which is incorporated by reference at

WAC 173-303-400 (3)(a); and

(ii) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial

actions at the facility.

(b) The requirements of WAC 173-303-610, 173-303-

620, 173-303-645, and the unit specific requirements of

WAC 173-303-650 through 173-303-680 that applied to the

regulated unit will continue to apply to the portion of the

CAMU into which the regulated unit was incorporated.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64640, filed 11/30/04,

effective 1/1/05.]

173-303-64650 WAC 173-303-64650 Corrective action management

unit (CAMU). (1) Except as provided in subsection (2) of

this section, CAMUs are subject to the requirements of this

section and WAC 173-303-64660 and 173-303-64670.

(2) CAMUs that were approved before April 22, 2002, or

for which substantially complete applications (or equivalents) were submitted to the department on or before November 20, 2000, are subject to the requirements in WAC 173-

303-64640 for grandfathered CAMUs; CAMU waste, activities, and design will not be subject to the standards in WAC

173-303-64650 and 173-303-64660, so long as the waste,

activities, and design remain within the general scope of the

CAMU as approved.

(3) In accordance with the requirements of this section,

the applicable portions of WAC 173-303-64610 through 173-

303-64630, and with WAC 173-303-64660, the department

may designate an area at a facility as a corrective action management unit for the purpose of treating, storing or disposing

of CAMU-eligible waste that originates at the same facility in

order to implement remedies under this section or to implement other cleanup actions. Corrective action management

unit means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective

action or cleanup at the facility. A CAMU must be located
Dangerous Waste Regulations 173-303-64660

(6/30/09) [Ch. 173-303 WACóp. 137]

within the contiguous property under the control of the owner

or operator where the wastes to be managed in the CAMU

originated. One or more CAMUs may be designated at a

facility.

(a) CAMU-eligible waste means:

(i) All solid and dangerous wastes, and all media (including ground water, surface water, soils, and sediments) and

debris, that are managed for implementing cleanup. As-generated wastes (either dangerous or nondangerous) from ongoing industrial operations at a site are not CAMU-eligible

wastes.

(ii) Wastes that would otherwise meet the description in

(a)(i) of this subsection are not "CAMU-Eligible Wastes"

where:

(A) The wastes are dangerous wastes found during

cleanup in intact or substantially intact containers, tanks, or

other nonland-based units found above ground, unless the

wastes are first placed in the tanks, containers or nonlandbased units as part of cleanup, or the containers or tanks are

excavated during the course of cleanup; or

(B) The department exercises the discretion in (b) of this

subsection to prohibit the wastes from management in a

CAMU.

(iii) Notwithstanding (a)(i) of this subsection, where

appropriate, as-generated nondangerous waste may be placed

in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU.

(b) The department may prohibit, where appropriate, the

placement of waste in a CAMU where the department has or

receives information that such wastes have not been managed

in compliance with applicable land disposal treatment standards of WAC 173-303-140(2), or applicable unit design

requirements of WAC 173-303-600 through 173-303-695, or

applicable unit design requirements of WAC 173-303-400, or

that noncompliance with other applicable requirements of

this chapter likely contributed to the release of the waste.

(c) Prohibition against placing liquids in CAMUs.

(i) The placement of bulk or noncontainerized liquid

dangerous waste or free liquids contained in dangerous waste

(whether or not sorbents have been added) in any CAMU is

prohibited except where placement of such wastes facilitates

the remedy selected for the waste.

(ii) The requirements in WAC 173-303-140 (4)(b)(ii) for

placement of containers holding free liquids in landfills apply

to placement in a CAMU except where placement facilitates

the remedy selected for the waste.

(iii) The placement of any liquid which is not a dangerous waste in a CAMU is prohibited unless such placement

facilitates the remedy selected for the waste or a demonstration is made pursuant to WAC 173-303-140 (4)(b)(v).

(iv) The absence or presence of free liquids in either a

containerized or a bulk waste must be determined in accordance with WAC 173-303-140 (4)(b)(iii). Sorbents used to

treat free liquids in CAMUs must meet the requirements of

WAC 173-303-140 (4)(b)(iv).

(d) Placement of CAMU-eligible waste into or within a

CAMU does not constitute land disposal of dangerous waste.

(e) Consolidation or placement of CAMU-eligible waste

into or within a CAMU does not constitute creation of a unit

subject to minimum technology requirements.

(4) Designation of a CAMU will not in any way affect

the department's existing authorities, including authority

under chapter 70.105D RCW, to address clean-up levels,

media-specific points of compliance, or other remedy selection decisions.

(5) Designation of a CAMU will not in any way affect

the timing or scope of review of any actions taken under the

Model Toxics Control Act pursuant to WAC 173-303-64630

to fulfill the corrective action requirements of WAC 173-

303-64620 or the corrective action requirements of WAC

173-303-645.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64650, filed 11/30/04,

effective 1/1/05.]

173-303-64660 WAC 173-303-64660 Designation of a corrective

action management unit. (1) The department must designate a CAMU that will be used for storage and/or treatment

only in accordance with subsection (4) of this section. When

designating all other CAMUs, the department will do so in

accordance with WAC 173-303-64650 and 173-303-64670,

and the following:

(a) The CAMU will facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(b) Waste management activities associated with the

CAMU will not create unacceptable risks to humans or the

environment resulting from exposure to dangerous wastes or

dangerous constituents;

(c) The CAMU will include uncontaminated areas of the

facility only if including such areas for the purposes of managing CAMU-eligible wastes is more protective than management of such wastes at contaminated areas of the facility;

(d) Areas within the CAMU where wastes remain in

place after closure of the CAMU, will be managed and contained so as to minimize future releases of dangerous wastes

and dangerous constituents to the extent practicable;

(e) When appropriate and practicable, the CAMU will

expedite the timing of remedial activity implementation;

(f) The CAMU will enable the use, when appropriate, of

treatment technologies (including innovative technologies) to

enhance the long-term effectiveness of remedial actions by

reducing the toxicity, mobility, or volume of wastes that will

remain in place after closure of the CAMU; and

(g) The CAMU will, to the extent practicable, minimize

the land area of the facility upon which wastes will remain in

place after closure of the CAMU.

(2) The owner/operator must provide sufficient information to enable the department to designate a CAMU in accordance with the criteria in this section. This must include,

unless not reasonably available, information on:

(a) The origin of the waste and how it was subsequently

managed (including a description of the timing and circumstances surrounding the disposal and/or release);

(b) Whether the waste was listed or identified as dangerous at the time of disposal and/or release; and

(c) Whether the disposal and/or release of the waste

occurred before or after the land disposal requirements of 40

CFR part 268, which are incorporated by reference at WAC

173-303-140 (2)(a), or, if the waste is a state-only dangerous

waste, the land disposal restrictions of WAC 173-303-140
173-303-64660 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 138] (6/30/09)

(2)(b), were in effect for the waste listing, characteristic, or

criterion.

(3) When designating a CAMU, the department will

specify, in the permit or order, requirements for the CAMU

including the following:

(a) The areal configuration of the CAMU;

(b) Except as provided in subsection (5) of this section,

requirements for CAMU-eligible waste management within

the CAMU including specification of applicable design,

operation, treatment, and closure requirements;

(c) Minimum design requirements. CAMUs, except as

provided in subsection (4) of this section, into which wastes

are placed must be designed in accordance with the following:

(i) Unless the department approves alternate requirements under (c)(ii) of this subsection, CAMUs that consist of

new, replacement, or laterally expanded units must include a

composite liner and a leachate collection system that is

designed and constructed to maintain less than a 30-cm depth

of leachate over the liner. For purposes of this subsection,

composite liner means a system consisting of two components; the upper component must consist of a minimum 30-

mil flexible membrane liner (FML) (geomembrane), and the

lower component must consist of at least a two-foot layer of

compacted soil with a hydraulic conductivity of no more than

1x10-7 cm/sec. FML components consisting of high density

polyethylene (HDPE) must be at least 60 mil thick. The FML

component must be installed in direct and uniform contact

with the compacted soil component;

(ii) Alternate requirements. The department may

approve alternate requirements if:

(A) The department finds that alternate design and operating practices, together with location characteristics, will

prevent the migration of any dangerous constituents into the

ground water or surface water at least as effectively as the

liner and leachate collection systems in (c)(i) of this subsection; or

(B) The CAMU is to be established in an area with existing significant levels of contamination, and the department

finds that an alternative design, including a design that does

not include a liner, would prevent migration from the unit

that would exceed long-term remedial goals.

(d) Minimum treatment requirements: Unless the wastes

will be placed in a CAMU for storage and/or treatment only

in accordance with subsection (4) of this section, CAMU-eligible wastes that, absent this subsection, would be subject to

the treatment requirements of WAC 173-303-140(2), and that

the department determines contain principal hazardous constituents must be treated to the standards specified in (d)(iii)

of this subsection.

(i) Principal hazardous constituents are those constituents that the department determines pose a risk to human

health and the environment substantially higher than the

cleanup levels or goals at the site.

(A) In general, the department will designate as principal

hazardous constituents:

(I) Carcinogens that pose a potential direct risk from

ingestion or inhalation at the site at or above 10-3; and

(II) Noncarcinogens that pose a potential direct risk from

ingestion or inhalation at the site an order of magnitude or

greater over their reference dose.

(B) The department will also designate constituents as

principal hazardous constituents, where appropriate, when

risks to human health and the environment posed by the

potential migration of constituents in wastes to ground water

are substantially higher than cleanup levels or goals at the

site; when making such a designation, the department may

consider such factors as constituent concentrations, and fate

and transport characteristics under site conditions.

(C) The department may also designate other constituents as principal hazardous constituents that the department

determines pose a risk to human health and the environment

substantially higher than the cleanup levels or goals at the

site.

(ii) In determining which constituents are "principal hazardous constituents," the department must consider all constituents which, absent this section, would be subject to the

treatment requirements of WAC 173-303-140(2).

(iii) Waste that the department determines contains principal hazardous constituents must meet treatment standards

determined in accordance with (d)(iv) or (v) of this subsection.

(iv) Treatment standards for wastes placed in CAMUs.

(A) For nonmetals, treatment must achieve 90 percent

reduction in total principal hazardous constituent concentrations, except as provided by (d)(iv)(C) of this subsection.

(B) For metals, treatment must achieve 90 percent reduction in principal hazardous constituent concentrations as

measured in leachate from the treated waste or media (tested

according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment

technology is used), except as provided by (d)(iv)(C) of this

subsection.

(C) When treatment of any principal hazardous constituent to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent

concentrations less than 10 times the Universal Treatment

Standard is not required. Universal Treatment Standards are

identified in 40 CFR 268.48 Table UTS, which is incorporated by reference at WAC 173-303-140 (2)(a).

(D) For waste exhibiting the dangerous characteristic of

ignitability, corrosivity or reactivity, the waste must also be

treated to eliminate these characteristics.

(E) For debris, the debris must be treated in accordance

with 40 CFR 268.45, which is incorporated by reference at

WAC 173-303-140 (2)(a), or by methods or to levels established under (d)(iv)(A) through (D) of this subsection or

(d)(v) of this subsection, whichever the department determines is appropriate.

(F) Alternatives to TCLP. For metal bearing wastes for

which metals removal treatment is not used, the department

may specify a leaching test other than the TCLP (SW-846

Method 1311, WAC 173-303-110 (3)(a)) to measure treatment effectiveness, provided the department determines that

an alternative leach testing protocol is appropriate for use,

and that the alternative more accurately reflects conditions at

the site that affect leaching.

(v) Adjusted standards. The department may adjust the

treatment level or method in (d)(iv) of this subsection to a

higher or lower level, based on one or more of the following
Dangerous Waste Regulations 173-303-64660

(6/30/09) [Ch. 173-303 WACóp. 139]

factors, as appropriate. The adjusted level or method must be

protective of human health and the environment:

(A) The technical impracticability of treatment to the

levels or by the methods in (d)(iv) of this subsection;

(B) The levels or methods in (d)(iv) of this subsection

would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup

standards applicable to the site (established either site-specifically, or promulgated under state or federal law);

(C) The views of the affected local community on the

treatment levels or methods in (d)(iv) of this subsection as

applied at the site, and, for treatment levels, the treatment

methods necessary to achieve these levels;

(D) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment

methods in (d)(iv) of this subsection;

(E) The long-term protection offered by the engineering

design of the CAMU and related engineering controls:

(I) Where the treatment standards in (d)(iv) of this subsection are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or

(II) Where cost-effective treatment has been used and the

CAMU meets the liner and leachate collection requirements

for new land disposal units at WAC 173-303-665 (2)(h) and

(j); or

(III) Where, after review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, and the CAMU meets the

liner and leachate collection requirements for new land disposal units at WAC 173-303-665 (2)(h) and (j); or

(IV) Where cost-effective treatment has been used and

the principal hazardous constituents in the treated wastes are

of very low mobility; or

(V) Where, after review of appropriate treatment technologies, the department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the

CAMU meets or exceeds the liner standards for new, replacement, or laterally expanded CAMUs in (c)(i) and (ii) of this

subsection, or the CAMU provides substantially equivalent

or greater protection.

(vi) The treatment required by the treatment standards

must be completed prior to, or within a reasonable time after,

placement in the CAMU.

(vii) For the purpose of determining whether wastes

placed in CAMUs have met site-specific treatment standards,

the department may, as appropriate, specify a subset of the

principal hazardous constituents in the waste as analytical

surrogates for determining whether treatment standards have

been met for other principal dangerous constituents. This

specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment

properties.

(e) Except as provided in subsection (4) of this section,

requirements for ground water and vadose zone monitoring

and corrective action that are sufficient to:

(i) Continue to detect and to characterize the nature,

extent, concentration, direction, and movement of existing

releases of dangerous waste and dangerous constituents in

ground water from sources located within the CAMU; and

(ii) Detect and subsequently characterize releases of dangerous waste and dangerous constituents to ground water that

may occur from areas of the CAMU in which wastes will

remain in place after CAMU closure.

(iii) Require notification to the department and corrective action as necessary to protect human health and the environment for releases to ground water from the CAMU.

(f) Except as provided in subsection (4) of this section,

requirements for closure will minimize the need for further

maintenance; and control, minimize, or eliminate, to the

extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure

escape of dangerous wastes, dangerous constituents,

leachate, contaminated runoff, or dangerous waste decomposition products to the ground, to ground waters, to surface

waters, or to the atmosphere.

(i) Requirements for closure will include, as appropriate

and deemed necessary by the department, the following:

(A) Requirements for excavation, removal, treatment,

and/or containment of wastes; and

(B) Requirements for removal and decontamination of

equipment, devices, and structures used in CAMU-eligible

waste management activities within the CAMU.

(ii) In establishing closure requirements for CAMUs

under subsection (3) of this section, the department will consider the following factors:

(A) CAMU characteristics;

(B) Volume of wastes which will remain in place after

CAMU closure;

(C) Potential for releases from the CAMU;

(D) Physical and chemical characteristics of the waste;

(E) Hydrogeological and other relevant environmental

conditions at the facility which may influence the migration

of any potential or actual releases in and/or from the CAMU;

and

(F) Potential for exposure of humans and environmental

receptors if releases were to occur at or from the CAMU.

(iii) Cap requirements:

(A) At final closure of the CAMU, for areas in which

wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator must cover the CAMU

with a final cover designed and constructed to meet the following performance criteria, except as provided in (f)(iii)(B)

of this subsection:

(I) Provide long-term minimization of migration of liquids through the closed unit;

(II) Function with minimum maintenance;

(III) Promote drainage and minimize erosion or abrasion

of the cover;

(IV) Accommodate settling and subsidence so that the

cover's integrity is maintained; and

(V) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(B) The department may determine that modifications to

(f)(iii)(A) of this subsection are needed to facilitate treatment

or the performance of the CAMU (e.g., to promote biodegradation).

(iv) The department will, for areas of the CAMU in

which wastes will remain in place after CAMU closure, specify post-closure requirements to control, minimize, or elimi-
173-303-64670 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 140] (6/30/09)

nate, to the extent necessary to protect human health and the

environment, post-closure escape of dangerous waste, dangerous constituents, leachate, contaminated runoff, and dangerous waste decomposition products to the ground, to

ground waters, to surface waters, and to the atmosphere. Such

post-closure requirements will include, as necessary to protect human health and the environment, monitoring and

maintenance activities and the frequency with which such

activities will be performed to ensure the integrity of any cap,

final cover, or other containment system.

(4) CAMUs used for storage and/or treatment only are

CAMUs in which wastes will not remain after closure. Such

CAMUs must be designated in accordance with all of the

requirements of this subsection, except as follows.

(a) CAMUs that are used for storage and/or treatment

only and that operate in accordance with the time limits

established in the staging pile regulations at 40 CFR 264.554

(d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at 40 CFR 264.554 (d)(1)(i) and (ii), ß 264.554

(d)(2), ß 264.554 (e) and (f), and ß 264.554 (j) and (k) in lieu

of the performance standards and requirements for CAMUs

in this section at subsections (1) and (3)(c) through (f). The

staging pile requirements of 40 CFR Part 264.554 are incorporated by reference at WAC 173-303-64690.

(b) CAMUs that are used for storage and/or treatment

only and that do not operate in accordance with the time limits established in the staging pile regulations at 40 CFR

264.554 (d)(1)(iii), (h), and (i), which are incorporated by reference:

(i) Must operate in accordance with a time limit, established by the department, that is no longer than necessary to

achieve a timely remedy selected for the waste; and

(ii) Are subject to the requirements for staging piles at 40

CFR 264.554 (d)(1)(i) and (ii), 264.554 (d)(2), 264.554 (e)

and (f), and 264.554 (j) and (k) in lieu of the performance

standards and requirements for CAMUs in this section at subsections (1) and (3)(d) and (f).

(5) CAMUs into which wastes are placed where all

wastes have constituent levels at or below remedial levels or

goals applicable to the site do not have to comply with the

requirements for liners at subsection (3)(c)(i) of this section,

caps at subsection (3)(f)(iii) of this section, ground water

monitoring requirements at subsection (3)(e) of this section

or, for treatment and/or storage-only CAMUs, the design

standards at subsection (4) of this section.

(6) The department must provide public notice and a reasonable opportunity for public comment before designating a

CAMU. Such a notice will include the rationale for any proposed adjustments under subsection (3)(d)(v) of this section

to the treatment standards in subsection (3)(d)(iv) of this section.

(7) Notwithstanding any other provision of this subsection, the department may impose additional requirements as

necessary to protect human health and the environment.

(8) Incorporation of the designation of and requirements

for a CAMU into a existing permit must be approved by the

department according to the procedures for agency initiated

permit modifications under WAC 173-303-830(3), or according to the permit modification procedures of WAC 173-303-

830(4).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-64660, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64660, filed 11/30/04,

effective 1/1/05.]

173-303-64670 WAC 173-303-64670 Incorporation of a regulated

unit within a CAMU. (1) The department may designate a

regulated unit (as defined in WAC 173-303-040) as a

CAMU, or may incorporate a regulated unit into a CAMU, if:

(a) The regulated unit is closed or closing, meaning it has

begun the closure process under WAC 173-303-610(4) or 40

CFR Part 265.113, which is incorporated by reference at

WAC 173-303-400 (3)(a); and

(b) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable remedial

actions at the facility.

(2) The requirements of WAC 173-303-610, 173-303-

620, 173-303-645, and the unit specific requirements of

WAC 173-303-650 through 173-303-680 that applied to the

regulated unit will continue to apply to the portion of the

CAMU into which the regulated unit was incorporated.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64670, filed 11/30/04,

effective 1/1/05.]

173-303-64680 WAC 173-303-64680 Temporary units (TUs). (1) In

accordance with the requirements of this subsection, the

department may designate a tank or container storage area at

a facility as a temporary unit for the purpose of treating or

storing remediation waste that originates at the same facility

in order to implement remedies under this section or to implement other cleanup actions. The department may replace the

design, operating and closure standards applicable to dangerous waste tank and container treatment and storage units

under this chapter with alternative requirements that protect

human health and the environment.

(2) Any temporary unit to which alternative requirements are applied in accordance with subsection (1) of this

section will be:

(a) Located within the facility boundary; and

(b) Used only for treatment or storage of remediation

wastes managed pursuant to implementation of the corrective

action requirements of WAC 173-303-64620 at the facility.

(3) In establishing standards to be applied to a temporary

unit, the department will consider the following factors:

(a) Length of time unit will be in operation;

(b) Type of unit;

(c) Volumes of wastes to be managed;

(d) Physical and chemical characteristics of the wastes to

be managed in the unit;

(e) Potential for releases from the unit;

(f) Hydrogeological and other relevant environmental

conditions at the facility which may influence the migration

of any potential releases; and 

(g) Potential for exposure of humans and environmental

receptors if releases were to occur from the unit.

(4) The department will specify the length of time, not to

exceed one year, a temporary unit will be allowed to operate.

The director will also specify design, operating, and closure

requirements for the temporary unit.
Dangerous Waste Regulations 173-303-646910

(6/30/09) [Ch. 173-303 WACóp. 141]

(5) The department may extend the operating period of a

temporary unit for up to one additional year, provided the

director determines that:

(a) Continued operation of the unit will not pose a threat

to human health and the environment; and 

(b) Continued operation of the unit is necessary to ensure

timely and efficient implementation of remedial actions at the

facility.

(6) Incorporation of the designation of and requirements

for a temporary unit or a time extension for a temporary unit

into an existing permit will be:

(a) Approved in accordance with the procedures for

agency-initiated permit modifications under WAC 173-303-

830(3); or

(b) Requested by the owner or operator as a Class II

modification according to the procedures under WAC 173-

303-830(4).

(7) The department will document the rationale for designating a temporary unit and for granting time extensions for

temporary units and will make such documentation available

to the public.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64680, filed 11/30/04,

effective 1/1/05.]

173-303-64690 WAC 173-303-64690 Staging piles. The requirements

for staging piles in 40 CFR Part 264.554 are incorporated by

reference. The word "director" in 40 CFR means "department."

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-64690, filed 11/30/04,

effective 1/1/05.]

173-303-646910 WAC 173-303-646910 Disposal of CAMU-eligible

wastes into permitted dangerous waste landfills. (1) The

department may approve placement of CAMU-eligible

wastes in dangerous waste landfills not located at the site

from which the waste originated, without the wastes meeting

the requirements of WAC 173-303-140(2), if the conditions

in (a) through (c) of this subsection are met:

(a) The waste meets the definition of CAMU-eligible

waste in WAC 173-303-64650 (3)(a) and (b).

(b) The department identifies principal hazardous constituents in such waste, in accordance with WAC 173-303-

64660 (3)(d)(i) and (ii), and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

(i) The treatment standards under WAC 173-303-64660

(3)(d)(iv); or

(ii) Treatment standards adjusted in accordance with

WAC 173-303-64660 (3)(d)(v)(A), (C), (D) or (E)(I); or

(iii) Treatment standards adjusted in accordance with

WAC 173-303-64660 (3)(d)(v)(E)(II), where treatment has

been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the

waste, minimizing the short-term and long-term threat posed

by the waste, including the threat at the remediation site.

(c) The landfill receiving the CAMU-eligible waste must

have a dangerous waste permit, meet the requirements for

new landfills in WAC 173-303-665, and be authorized to

accept CAMU-eligible wastes; for the purposes of this

requirement, "permit" does not include interim status.

(2) The person seeking approval must provide sufficient

information to enable the department to approve placement

of CAMU-eligible waste in accordance with subsection (1) of

this section. Information required by WAC 173-303-64660

(2)(a) through (c) for CAMU applications must be provided,

unless not reasonably available.

(3) The department must provide public notice and a reasonable opportunity for public comment before approving

CAMU-eligible waste for placement in an offsite permitted

dangerous waste landfill, consistent with the requirements for

CAMU approval at WAC 173-303-64660(6). The approval

must be specific to a single remediation.

(4) Applicable dangerous waste management requirements, including recordkeeping requirements to demonstrate

compliance with treatment standards approved under this

section, for CAMU-eligible waste must be incorporated into

the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for

comment and a hearing. Notwithstanding WAC 173-303-

810(8), a landfill may not receive CAMU-eligible waste

under this subsection unless its permit specifically authorizes

receipt of such waste.

(5) For each remediation, CAMU-eligible waste may not

be placed in an offsite landfill authorized to receive CAMUeligible waste in accordance with subsection (4) of this section until the following additional conditions have been met:

(a) The landfill owner/operator notifies the department

responsible for oversight of the landfill and persons on the

facility mailing list, maintained in accordance with WAC

173-303-840 (3)(e)(i)(D), of his or her intent to receive

CAMU-eligible waste in accordance with this section; the

notice must identify the source of the remediation waste, the

principal hazardous constituents in the waste, and treatment

requirements.

(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the department within fifteen days of notification.

(c) The department may object to the placement of the

CAMU-eligible waste in the landfill within thirty days of

notification; the department may extend the review period an

additional thirty days because of public concerns or insufficient information.

(d) CAMU-eligible wastes may not be placed in the

landfill until the department has notified the facility

owner/operator that he or she does not object to its placement.

(e) If the department objects to the placement or does not

notify the facility owner/operator that he or she has chosen

not to object, the facility may not receive the waste, notwithstanding WAC 173-303-810(8), until the objection has been

resolved, or the owner/operator obtains a permit modification

in accordance with the procedures of WAC 173-303-830(4)

specifically authorizing receipt of the waste.

(f) As part of the permit issuance or permit modification

process of subsection (4) of this section, the department may

modify, reduce, or eliminate the notification requirements of

this subsection as they apply to specific categories of

CAMU-eligible waste, based on minimal risk.
173-303-646920 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 142] (6/30/09)

(6) Generators of CAMU-eligible wastes sent off site to

a dangerous waste landfill under this subsection must comply

with the requirements of 40 CFR 268.7 (a)(4), which is incorporated by reference at WAC 173-303-140(2); offsite facilities treating CAMU-eligible wastes to comply with this section must comply with the requirements of Sec. 268.7 (b)(4),

which is incorporated by reference at WAC 173-303-140(2),

except that the certification must be with respect to the treatment requirements of subsection (1)(b) of this section.

(7) For the purposes of this subsection only, the "design

of the CAMU" in WAC 173-303-64660 (3)(d)(v)(E) means

design of the permitted dangerous waste landfill.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-646910, filed 11/30/04,

effective 1/1/05.]

173-303-646920

WAC 173-303-646920 Disposal of CAMU-eligible

wastes into permitted hazardous waste landfills located

outside Washington. Notwithstanding any provision of

WAC 173-303-646910, the department may approve placement of CAMU-eligible wastes in hazardous waste landfills

located outside of the state of Washington if the landfill

receiving the CAMU-eligible waste is authorized to accept

CAMU-eligible wastes pursuant to 40 CFR ß 264.555 or pursuant to EPA-approved state regulations implementing 40

CFR ß 264.555, and the conditions of WAC 173-303-646910

(1)(a), (b), (2), (3), and (6) are met.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-646920, filed 11/30/04,

effective 1/1/05.]

173-303-650

WAC 173-303-650 Surface impoundments. (1) Applicability. The regulations in this section apply to owners and

operators of facilities that use surface impoundments to treat,

store, or dispose of dangerous waste.

(2) Design and operating requirements.

(a)(i) Any surface impoundment that is not covered by

(j) of this subsection must have a liner for all portions of the

impoundment (except for an existing portion of a surface

impoundment). The liner must be designed, constructed, and

installed to prevent any migration of wastes out of the

impoundment to the adjacent subsurface soil or ground water

or surface water at any time during the active life (including

the closure period) of the impoundment. The liner may be

constructed of materials that may allow wastes to migrate

into the liner (but not into the adjacent subsurface soil or

ground water or surface water) during the active life of the

facility, provided that the impoundment is closed in accordance with subsection (6)(a)(i) of this section. For impoundments that will be closed in accordance with subsection

(6)(a)(ii) of this section, the liner must be constructed of

materials that can prevent wastes from migrating into the

liner during the active life of the facility. The liner must be:

(A) Constructed of materials that have appropriate

chemical properties and sufficient strength and thickness to

prevent failure due to pressure gradients (including static

head and external hydrogeologic forces), physical contact

with the waste or leachate to which they are exposed, climatic

conditions, the stress of installation, and the stress of daily

operation;

(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients

above and below the liner to prevent failure of the liner due to

settlement, compression, or uplift;

(C) Installed to cover all surrounding earth likely to be in

contact with the waste or leachate; and

(D) For EHW management, the owner or operator must

submit an engineering report with their permit application

under WAC 173-303-806(4) stating the basis for selecting

the liner(s). The report must be certified by an independent,

qualified registered professional engineer.

(ii) The owner or operator of a new surface impoundment installed after October 31, 1984, and in which liquid

EHW is managed must:

(A) Install a double lined system which incorporates the

specifications of subsection (3)(a), (b), and (c) of this section;

and

(B) Must comply with either the ground water monitoring requirements of WAC 173-303-645, or the unsaturated

zone monitoring requirements of WAC 173-303-655(6).

(b) The owner or operator will be exempted from the

requirements of (a) of this subsection, if the department finds,

based on a demonstration by the owner or operator, that alternate design and operating practices, together with location

characteristics, will prevent the migration of any dangerous

constituents listed in WAC 173-303-9905, or which otherwise cause his wastes to be regulated under this chapter, into

the ground water or surface water at any future time. In deciding whether to grant an exemption, the department will consider:

(i) The nature and quantity of the wastes;

(ii) The proposed alternate design and operation;

(iii) The hydrogeologic setting of the facility, including

the attenuative capacity and thickness of the liners and soils

present between the impoundment and ground water or surface water; and

(iv) All other factors which would influence the quality

and mobility of the leachate produced and the potential for it

to migrate to ground water or surface water.

(c) A surface impoundment must be designed, constructed, maintained, and operated to prevent overtopping

resulting from normal or abnormal operations; overfilling;

wind and wave action; rainfall; run-on; malfunctions of level

controllers, alarms, and other equipment; and human error.

(d) A surface impoundment must be designed so that any

flow of waste into the impoundment can be immediately shut

off in the event of overtopping or liner failure.

(e) A surface impoundment must be designed to repel

birds.

(f) A surface impoundment must have dikes that are

designed, constructed, and maintained with sufficient structural integrity to prevent their failure. In ensuring structural

integrity, it must not be presumed that the liner system will

function without leakage during the active life of the unit.

(g) Earthen dikes must be kept free of:

(i) Perennial woody plants with root systems which

could weaken its structural integrity; and

(ii) Burrowing mammals which could weaken its structural integrity or create leaks through burrows.
Dangerous Waste Regulations 173-303-650

(6/30/09) [Ch. 173-303 WACóp. 143]

(h) Earthen dikes must have a protective cover, such as

grass, shale or rock to minimize wind and water erosion and

to preserve their structural integrity.

(i) The department will specify in the permit all design

and operating practices that are necessary to ensure that the

requirements of this subsection are satisfied.

(j) The owner or operator of each new surface impoundment unit on which construction commences after January

29, 1992, each lateral expansion of a surface impoundment

unit on which construction commences after July 29, 1992,

and each replacement of an existing surface impoundment

unit that is to commence reuse after July 29, 1992, must

install two or more liners and a leachate collection and

removal system between such liners. "Construction commences" is as defined in WAC 173-303-040 under "existing

TSD facility."

(i) The liner system must include:

(A) A top liner designed and constructed of materials

(e.g., a geomembrane) to prevent the migration of dangerous

constituents into such liner during the active life and postclosure care period; and

(B) A composite bottom liner, consisting of at least two

components. The upper component must be designed and

constructed of materials (e.g., a geomembrane) to prevent the

migration of dangerous constituents into this component during the active life and post-closure care period. The lower

component must be designed and constructed of materials to

minimize the migration of dangerous constituents if a breach

in the upper component were to occur. The lower component

must be constructed of at least 3 feet (91 cm) of compacted

soil material with a hydraulic conductivity of no more than 1

x 10-7cm/sec.

(ii) The liners must comply with (a)(i)(A), (B), and (C)

of this subsection.

(iii) The leachate collection and removal system between

the liners, and immediately above the bottom composite liner

in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing

leaks of dangerous constituents at the earliest practicable

time through all areas of the top liner likely to be exposed to

waste or leachate during the active life and post-closure care

period. The requirements for a leak detection system in this

paragraph are satisfied by installation of a system that is, at a

minimum:

(A) Constructed with a bottom slope of one percent or

more;

(B) Constructed of granular drainage materials with a

hydraulic conductivity of 1 x 10-1cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3

x 10-4m2sec or more;

(C) Constructed of materials that are chemically resistant

to the waste managed in the surface impoundment and the

leachate expected to be generated, and of sufficient strength

and thickness to prevent collapse under the pressures exerted

by overlying wastes and any waste cover materials or equipment used at the surface impoundment;

(D) Designed and operated to minimize clogging during

the active life and post-closure care period; and

(E) Constructed with sumps and liquid removal methods

(e.g., pumps) of sufficient size to collect and remove liquids

from the sump and prevent liquids from backing up into the

drainage layer. Each unit must have its own sump(s). The

design of each sump and removal system must provide a

method for measuring and recording the volume of liquids

present in the sump and of liquids removed.

(iv) The owner or operator will collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.

(v) The owner or operator of a leak detection system that

is not located completely above the seasonal high water table

must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground

water.

(k) The department may approve alternative design or

operating practices to those specified in (j) of this subsection

if the owner or operator demonstrates to the department that

such design and operating practices, together with location

characteristics:

(i) Will prevent the migration of any dangerous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal system specified in (j) of this subsection; and

(ii) Will allow detection of leaks of dangerous constituents through the top liner at least as effectively.

(l) The double liner requirement set forth in (j) of this

subsection may be waived by the department for any monofill, if:

(i) The monofill contains only dangerous wastes from

foundry furnace emission controls or metal casting molding

sand, and such wastes do not contain constituents which

would render the wastes dangerous for reasons other than the

toxicity characteristic in WAC 173-303-090(8) or the toxicity

criteria at WAC 173-303-100(5); and

(ii)(A) The monofill has at least one liner for which there

is no evidence that such liner is leaking. For the purposes of

this paragraph, the term "liner" means a liner designed, constructed, installed, and operated to prevent dangerous waste

from passing into the liner at any time during the active life of

the facility, or a liner designed, constructed, installed, and

operated to prevent dangerous waste from migrating beyond

the liner to adjacent subsurface soil, ground water, or surface

water at any time during the active life of the facility. In the

case of any surface impoundment which has been exempted

from the requirements of (j) of this subsection on the basis of

a liner designed, constructed, installed, and operated to prevent dangerous waste from passing beyond the liner, at the

closure of such impoundment, the owner or operator must

remove or decontaminate all waste residues, all contaminated

liner material, and contaminated soil to the extent practicable.

If all contaminated soil is not removed or decontaminated,

the owner or operator of such impoundment will comply with

appropriate post-closure requirements, including but not limited to ground water monitoring and corrective action;

(B) The monofill is located more than one-quarter mile

from an underground source of drinking water (as that term is

defined in WAC 173-303-040); and

(C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities

with permits under RCRA section 3005(c); or
173-303-650 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 144] (6/30/09)

(iii) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there

will be no migration of any dangerous constituent into

ground water or surface water at any future time.

(m) The owner or operator of any replacement surface

impoundment unit is exempt from (j) of this subsection if:

(i) The existing unit was constructed in compliance with

the design standards of sections 3004 (o)(1)(A)(i) and (o)(5)

of the Resource Conservation and Recovery Act; and

(ii) There is no reason to believe that the liner is not functioning as designed.

(3) Reserve.

(4) Monitoring and inspection.

(a) During construction and installation, liners (except in

the case of existing portions of surface impoundments

exempt from subsection (2)(a)(i) of this section) and cover

systems (e.g., membranes, sheets, or coatings) must be

inspected for uniformity, damage, and imperfections (e.g.,

holes, cracks, thin spots, or foreign materials). Immediately

after construction or installation:

(i) Synthetic liners and covers must be inspected to

ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(ii) Soil-based and admixed liners and covers must be

inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may

cause an increase in the permeability of the liner or cover.

(b) While a surface impoundment is in operation, it must

be inspected weekly and after storms to detect evidence of

any of the following:

(i) Deterioration, malfunctions, or improper operation of

overtopping control systems;

(ii) Sudden drops in the level of the impoundment's contents; and

(iii) Severe erosion or other signs of deterioration in

dikes or other containment devices.

(c) Prior to the issuance of a permit, and after any

extended period of time (at least six months) during which

the impoundment was not in service, the owner or operator

must obtain a certification from a qualified engineer that the

impoundment's dike, including that portion of any dike which

provides freeboard, has structural integrity. The certification

must establish, in particular, that the dike:

(i) Will withstand the stress of the pressure exerted by

the types and amounts of wastes to be placed in the impoundment; and

(ii) Will not fail due to scouring or piping, without

dependence on any liner system included in the surface

impoundment construction.

(d)(i) An owner or operator required to have a leak detection system under subsection (2)(j) or (k) of this section must

record the amount of liquids removed from each leak detection system sump at least once each week during the active

life and closure period.

(ii) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be

recorded at least monthly. If the liquid level in the sump stays

below the pump operating level for two consecutive months,

the amount of liquids in the sumps must be recorded at least

quarterly. If the liquid level in the sump stays below the pump

operating level for two consecutive quarters, the amount of

liquids in the sumps must be recorded at least semi annually.

If at any time during the post-closure care period the pump

operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator must return

to monthly recording of amounts of liquids removed from

each sump until the liquid level again stays below the pump

operating level for two consecutive months.

(iii) "Pump operating level" is a liquid level proposed by

the owner or operator and approved by the department based

on pump activation level, sump dimensions, and level that

avoids backup into the drainage layer and minimizes head in

the sump.

(5) Emergency repairs; contingency plans.

(a) A surface impoundment must be removed from service in accordance with (b) of this subsection when:

(i) Unexpected changes of liquid levels occur; or

(ii) The dike leaks.

(b) When a surface impoundment must be removed from

service as required by (a) of this subsection, the owner or

operator must:

(i) Immediately shut off the flow or stop the addition of

wastes into the impoundment;

(ii) Immediately contain any surface leakage which has

occurred or is occurring;

(iii) Immediately stop the leak;

(iv) Take any other necessary steps to stop or prevent

catastrophic failure;

(v) Empty the impoundment, if a leak cannot be stopped

by any other means; and

(vi) Notify the department of the problem in writing

within seven days after detecting the problem.

(c) As part of the contingency plan required in WAC

173-303-340 through 173-303-360, the owner or operator

must specify:

(i) A procedure for complying with the requirements of

(b) of this subsection; and

(ii) A containment system evaluation and repair plan

describing: Testing and monitoring techniques; procedures

to be followed to evaluate the integrity of the containment

system in the event of a possible failure; description of a

schedule of actions to be taken in the event of a possible failure; and the repair techniques and materials (and their availability) to be used in the event of leakage due to containment

system failure or deterioration which does not require the

impoundment to be removed from service.

(d) No surface impoundment that has been removed

from service in accordance with the requirements of this section may be restored to service unless the portion of the

impoundment which was failing is repaired and the following

steps are taken:

(i) If the impoundment was removed from service as the

result of actual or imminent dike failure, the dike's structural

integrity must be recertified in accordance with subsection

(4)(c) of this section;

(ii) If the impoundment was removed from service as the

result of a sudden drop in the liquid level, then:

(A) For any existing portion of the impoundment, a liner

must be installed in compliance with subsection (2)(a)(i) or

(3) of this section; and

(B) For any other portion of the impoundment, the

repaired liner system must be certified by a qualified engi-
Dangerous Waste Regulations 173-303-650

(6/30/09) [Ch. 173-303 WACóp. 145]

neer as meeting the design specifications approved in the permit.

(e) A surface impoundment that has been removed from

service in accordance with the requirements of this section

and that is not being repaired must be closed in accordance

with the provisions of subsection (6) of this section.

(6) Closure and post-closure care.

(a) At closure, the owner or operator must:

(i) Remove or decontaminate all dangerous waste and

dangerous waste residues, contaminated containment system

components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with dangerous waste and

leachate, and manage them as dangerous waste; or

(ii) If the surface impoundment will be closed as a landfill, except that this option is prohibited if EHW would

remain in the closed unit(s):

(A) Eliminate free liquids by removing liquid wastes or

solidifying the remaining wastes and waste residues;

(B) Stabilize remaining wastes to a bearing capacity sufficient to support a final cover; and

(C) Cover the surface impoundment with a final cover

designed and constructed to:

(I) Provide long-term minimization of the migration of

liquids through the closed impoundment with a material that

has a permeability less than or equal to the permeability of

any bottom liner system or natural subsoils present;

(II) Function with minimum maintenance;

(III) Promote drainage and minimize erosion or abrasion

of the final cover; and

(IV) Accommodate settling and subsidence so that the

cover's integrity is maintained.

(b) If some waste residues or contaminated materials are

left in place at final closure (except that no EHW may ever be

left in place), the owner or operator must comply with all

post-closure requirements contained in WAC 173-303-610

(7), (8), (9), and (10), including maintenance and monitoring

throughout the post-closure care period (specified in the permit). The owner or operator must:

(i) Maintain the integrity and effectiveness of the final

cover, including making repairs to the cap as necessary to

correct the effects of settling, subsidence, erosion, or other

events;

(ii) Maintain and monitor the leak detection system in

accordance with subsections (2)(j)(ii)(D) and (E), and (4)(d)

of this section, and comply with all other applicable leak

detection system requirements of this chapter;

(iii) Maintain and monitor the ground water monitoring

system and comply with all applicable requirements of WAC

173-303-645; and

(iv) Prevent run-on and runoff from eroding or otherwise

damaging the final cover.

(c)(i) If an owner or operator plans to close a surface

impoundment in accordance with (a)(i) of this subsection,

and the impoundment does not comply with the liner requirements of subsection (2)(a)(i) of this section, and is not

exempt from them in accordance with subsection (2)(b) of

this section, then:

(A) The closure plan for the impoundment under WAC

173-303-610(3) must include both a plan for complying with

(a)(i) of this subsection, and a contingent plan for complying

with (a)(ii) of this subsection in case not all contaminated

subsoils can be practicably removed at closure; and

(B) The owner or operator must prepare a contingent

post-closure plan under WAC 173-303-610(8) for complying

with (b) of this subsection in case not all contaminated subsoils can be practicably removed at closure.

(ii) The cost estimates calculated under WAC 173-303-

620 (3) and (5) for closure and post-closure care of an

impoundment subject to (c) of this subsection must include

the cost of complying with the contingent closure plan and

the contingent post-closure plan, but are not required to

include the cost of expected closure under (a)(i) of this subsection.

Reserve.

(7) Special requirements for ignitable or reactive waste.

Ignitable or reactive waste must not be placed in a surface

impoundment, unless the waste and impoundment satisfy all

applicable requirements of WAC 173-303-140 (2)(a), and:

(a) The waste is treated, rendered, or mixed before or

immediately after placement in the impoundment so that:

(i) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive

waste under WAC 173-303-090; and

(ii) WAC 173-303-395 (1)(b) is complied with; or

(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to

ignite or react; or

(c) The surface impoundment is used solely for emergencies.

(8) Special requirements for incompatible wastes.

Incompatible wastes and materials must not be placed in the

same surface impoundment, unless WAC 173-303-395 (1)(b)

is complied with.

(9) Special requirements for dangerous wastes F020,

F021, F022, F023, F026, and F027.

(a) The wastes F020, F021, F022, F023, F026, or F027

must not be placed in a surface impoundment unless the

owner or operator operates the surface impoundment in

accordance with a management plan for these wastes that is

approved by the department pursuant to the standards set out

in this subsection, and in accord with all other applicable

requirements of this section. The factors to be considered are:

(i) The volume, physical, and chemical characteristics of

the wastes, including their potential to migrate through soil or

to volatilize or escape into the atmosphere;

(ii) The attenuative properties of underlying and surrounding soils or other materials;

(iii) The mobilizing properties of other materials co-disposed with these wastes; and

(iv) The effectiveness of additional treatment, design, or

monitoring techniques.

(b) The department may determine that additional

design, operating, and monitoring requirements are necessary

in order to reduce the possibility of migration of these wastes

to ground water, surface water, or air so as to protect human

health and the environment.

(10) Action leakage rate.

(a) The department must approve an action leakage rate

for surface impoundment units subject to WAC 173-303-650

(2)(j) or (k). The action leakage rate is the maximum design

flow rate that the leak detection system (LDS) can remove
173-303-655 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 146] (6/30/09)

without the fluid head on the bottom liner exceeding 1 foot.

The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope,

hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and

leachate characteristics, likelihood and amounts of other

sources of liquids in the LDS, and proposed response actions

(e.g., the action leakage rate must consider decreases in the

flow capacity of the system over time resulting from siltation

and clogging, rib layover and creep of synthetic components

of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been

exceeded, the owner or operator must convert the weekly or

monthly flow rate from the monitoring data obtained under

WAC 173-303-650 (4)(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the department

approves a different calculation, the average daily flow rate

for each sump must be calculated weekly during the active

life and closure period, and if the unit is closed in accordance

with WAC 173-303-650 (6)(b), monthly during the post-closure care period when monthly monitoring is required under

WAC 173-303-650 (4)(d).

(11) Response actions.

(a) The owner or operator of surface impoundment units

subject to subsection (2)(j) or (k) of this section must have an

approved response action plan before receipt of waste. The

response action plan must set forth the actions to be taken if

the action leakage rate has been exceeded. At a minimum, the

response action plan must describe the actions specified in

(b) of this subsection.

(b) If the flow rate into the leak detection system exceeds

the action leakage rate for any sump, the owner or operator

must:

(i) Notify the department in writing of the exceedance

within seven days of the determination;

(ii) Submit a preliminary written assessment to the

department within fourteen days of the determination, as to

the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions

taken and planned;

(iii) Determine to the extent practicable the location,

size, and cause of any leak;

(iv) Determine whether waste receipt should cease or be

curtailed, whether any waste should be removed from the unit

for inspection, repairs, or controls, and whether or not the

unit should be closed;

(v) Determine any other short-term and longer-term

actions to be taken to mitigate or stop any leaks; and

(vi) Within thirty days after the notification that the

action leakage rate has been exceeded, submit to the department the results of the analyses specified in (b) (iii), (iv), and

(v) of this subsection, the results of actions taken, and actions

planned. Monthly thereafter, as long as the flow rate in the

leak detection system exceeds the action leakage rate, the

owner or operator must submit to the department a report

summarizing the results of any remedial actions taken and

actions planned.

(c) To make the leak and/or remediation determinations

in (b)(iii), (iv), and (v) of this subsection, the owner or operator must:

(i) Assess the source of liquids and amounts of liquids by

source;

(ii) Conduct a fingerprint, dangerous constituent, or

other analyses of the liquids in the leak detection system to

identify the source of liquids and possible location of any

leaks, and the hazard and mobility of the liquid; and

(iii) Assess the seriousness of any leaks in terms of

potential for escaping into the environment; or

(iv) Document why such assessments are not needed.

(12) Air emission standards. The owner or operator must

manage all hazardous waste placed in a surface impoundment

in accordance with the applicable requirements of 40 CFR

Subparts AA, BB, and CC, which are incorporated by reference at WAC 173-303-690 through 173-303-692.

(13) Existing and newly regulated surface impoundments. The requirements of 3005 (j)(1) and (6) of the

Resource Conservation and Recovery Act (RCRA) of 1976,

as amended, are incorporated by reference. Surface impoundments regulated for the first time by a listing or characteristic

adopted after November 8, 1984, must comply with new unit

requirements or stop dangerous waste activity by four years

after the date of adoption of the new listing or characteristic.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-650, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007.

00-11-040 (Order 99-01), ß 173-303-650, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order

94-30), ß 173-303-650, filed 10/19/95, effective 11/19/95; 94-01-060 (Order

92-33), ß 173-303-650, filed 12/8/93, effective 1/8/94. Statutory Authority:

Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006

(42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-650, filed 3/7/91,

effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083

(Order 88-29), ß 173-303-650, filed 9/6/88; 88-07-039 (Order 87-37), ß 173-

303-650, filed 3/11/88; 86-12-057 (Order DE-85-10), ß 173-303-650, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-650, filed 4/18/84. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-650, filed 2/10/82.]

173-303-655 WAC 173-303-655 Land treatment. (1) Applicability.

The regulations in this subpart apply to owners and operators

of facilities that treat or dispose of dangerous waste in land

treatment units, except as WAC 173-303-600 provides otherwise.

(2) Treatment program.

(a) An owner or operator subject to this section must

establish a land treatment program that is designed to ensure

that dangerous constituents placed in or on the treatment zone

are degraded, transformed, or immobilized within the treatment zone. The department will specify in the facility permit

the elements of the treatment program, including:

(i) The wastes that are capable of being treated at the unit

based on a demonstration under subsection (3) of this section;

(ii) Design measures and operating practices necessary

to maximize the success of degradation, transformation, and

immobilization processes in the treatment zone in accordance

with subsection (4)(a) of this section; and

(iii) Unsaturated zone monitoring provisions meeting the

requirements of subsection (6) of this section.

(b) The department will specify in the facility permit the

dangerous constituents that must be degraded, transformed,

or immobilized under this section. Dangerous constituents

are constituents identified in WAC 173-303-9905, and any

other constituents which, although not listed in WAC 173-
Dangerous Waste Regulations 173-303-655

(6/30/09) [Ch. 173-303 WACóp. 147]

303-9905, cause a waste to be regulated under this chapter,

that are reasonably expected to be in, or derived from, waste

placed in or on the treatment zone.

(c) The department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit.

The treatment zone is the portion of the unsaturated zone

below, and including, the land surface in which the owner or

operator intends to maintain the conditions necessary for

effective degradation, transformation, or immobilization of

dangerous constituents. The maximum depth of the treatment

zone must be:

(i) No more than 1.5 meters (5 feet) below the initial soil

surface; and

(ii) More than 3 meters (10 feet) above the seasonal high

water table; except that the owner or operator may demonstrate to the satisfaction of the department that a distance of

less than 3 meters will be adequate. In no case will the distance be less than 1 meter.

(3) Treatment demonstration.

(a) For each waste that will be applied to the treatment

zone, the owner or operator must demonstrate, prior to application of the waste, that dangerous constituents in the waste

can be completely degraded, transformed, or immobilized in

the treatment zone.

(b) In making this demonstration, the owner or operator

may use field tests, laboratory analyses, available data, or, in

the case of existing units, operating data. If the owner or

operator intends to conduct field tests or laboratory analyses

in order to make the demonstration required under (a) of this

subsection, he must obtain a land treatment demonstration

permit under WAC 173-303-808. The department will specify in this permit the testing, analytical, design, and operating

requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical

dimensions of the treatment zone, monitoring procedures,

closure, and clean-up activities) necessary to meet the

requirements in (c) of this subsection.

(c) Any field test or laboratory analysis conducted in

order to make a demonstration under (a) of this subsection

must:

(i) Accurately simulate the characteristics and operating

conditions for the proposed land treatment unit including:

(A) The characteristics of the waste and of dangerous

constituents present;

(B) The climate in the area;

(C) The topography of the surrounding area;

(D) The characteristics and depth of the soil in the treatment zone; and

(E) The operating practices to be used at the unit;

(ii) Be likely to show that dangerous constituents in the

waste to be tested will be completely degraded, transformed,

or immobilized in the treatment zone of the proposed land

treatment unit; and

(iii) Be conducted in a manner that protects human

health and the environment considering:

(A) The characteristics of the waste to be tested;

(B) The operating and monitoring measures taken during

the course of the test;

(C) The duration of the test;

(D) The volume of waste used in the test; and

(E) In the case of field tests, the potential for migration

of dangerous constituents to ground water or surface water.

(4) Design and operating requirements. The department

will specify in the facility permit how the owner or operator

will design, construct, operate, and maintain the land treatment unit in compliance with this subsection.

(a) The owner or operator must design, construct, operate, and maintain the unit to maximize the degradation, transformation, and immobilization of dangerous constituents in

the treatment zone. The owner or operator must design, construct, operate, and maintain the unit in accordance with all

design and operating conditions that were used in the treatment demonstration under subsection (3) of this section. At a

minimum, the department will specify in the facility permit:

(i) The rate and method of waste application to the treatment zone;

(ii) Measures to control soil pH;

(iii) Measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and

(iv) Measures to control the moisture content of the treatment zone.

(b) The owner or operator must design, construct, operate, and maintain the treatment zone to minimize runoff of

dangerous constituents during the active life of the land treatment unit.

(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from

at least a twenty-five-year storm.

(d) The owner or operator must design, construct, operate, and maintain a runoff management system to collect and

control at least the water volume resulting from a twentyfour-hour, twenty-five-year storm.

(e) Collection and holding facilities (e.g., tanks or

basins) associated with run-on and runoff control systems

must be emptied or otherwise managed expeditiously and in

accordance with this chapter after storms to maintain the

design capacity of the system.

(f) If the treatment zone contains particulate matter

which may be subject to wind dispersal, the owner or operator must control wind dispersal.

(g) The owner or operator must inspect the unit weekly

and after storms to detect evidence of:

(i) Deterioration, malfunctions, or improper operation of

run-on and runoff control systems; and

(ii) Improper functioning of wind dispersal control measures.

(5) Food chain crops. The department may allow the

growth of food chain crops in or on the treatment zone only if

the owner or operator satisfies the conditions of this subsection. The department will specify in the facility permit the

specific food chain crops which may be grown.

(a)(i) The owner or operator must demonstrate that there

is no substantial risk to human health caused by the growth of

such crops in or on the treatment zone by demonstrating,

prior to the planting of such crops, that dangerous constituents other than cadmium:

(A) Will not be transferred to the food or feed portions of

the crop by plant uptake or direct contact, and will not otherwise be ingested by food chain animals (e.g., by grazing); or
173-303-655 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 148] (6/30/09)

(B) Will not occur in greater concentrations in or on the

food or feed portions of crops grown on the treatment zone

than in or on identical portions of the same crops grown on

untreated soils under similar conditions in the same region.

(ii) The owner or operator must make the demonstration

required under (a)(i) of this subsection prior to the planting of

crops at the facility for all dangerous constituents that are reasonably expected to be in, or derived from, waste placed in or

on the treatment zone.

(iii) In making such a demonstration, the owner or operator may use field tests, greenhouse studies, available data,

or, in the case of existing units, operating data, and must:

(A) Base the demonstration on conditions similar to

those present in the treatment zone, including soil characteristics (e.g., pH, cation exchange capacity), specific wastes,

application rates, application methods, and crops to be

grown; and

(B) Describe the procedures used in conducting any

tests, including the sample selection criteria, sample size,

analytical methods, and statistical procedures.

(iv) If the owner or operator intends to conduct field tests

or greenhouse studies in order to make the demonstration he

must obtain a permit for conducting such activities.

(b) The owner or operator must comply with the following conditions if cadmium is contained in wastes applied to

the treatment zone;

(i)(A) The pH of the waste and soil mixture must be 6.5

or greater at the time of each waste application, except for

waste containing cadmium at concentrations of 2 mg/kg (dry

weight) or less;

(B) The annual application of cadmium from waste must

not exceed 0.5 kilograms per hectare (kg/ha) on land used for

production of tobacco, leafy vegetables, or root crops grown

for human consumption. For other food chain crops, the

annual cadmium application rate must not exceed:

(C) The cumulative application of cadmium from waste

must not exceed 5kg/ha if the waste and soil mixture has a pH

of less than 6.5; and

(D) If the waste and soil mixture has a pH of 6.5 or

greater or is maintained at a pH of 6.5 or greater during crop

growth, the cumulative application of cadmium from waste

must not exceed: 5 kg/ha if soil cation exchange capacity

(CEC) is less than 5 meq/100g; 10 kg/ha if soil CEC is 5-15

meq/100g; and 20 kg/ha if soil CEC is greater than 15

meq/100g; or

(ii)(A) Animal feed must be the only food chain crop

produced;

(B) The pH of the waste and soil mixture must be 6.5 or

greater at the time of waste application or at the time the crop

is planted, whichever occurs later, and this pH level must be

maintained whenever food chain crops are grown;

(C) There must be an operating plan which demonstrates

how the animal feed will be distributed to preclude ingestion

by humans. The operating plan must describe the measures to

be taken to safeguard against possible health hazards from

cadmium entering the food chain, which may result from

alternative land uses; and

(D) Future property owners must be notified by a stipulation in the land record or property deed which states that the

property has received waste at high cadmium application

rates and that food chain crops must not be grown except in

compliance with (b)(ii) of this subsection.

(6) Unsaturated zone monitoring. An owner or operator

subject to this section must establish an unsaturated zone

monitoring program to discharge the responsibilities

described in this subsection.

(a) The owner or operator must monitor the soil and soilpore liquid to determine whether dangerous constituents

migrate out of the treatment zone.

(i) The department will specify the dangerous constituents to be monitored in the facility permit. The dangerous

constituents to be monitored are those specified under subsection (2)(b) of this section.

(ii) The department may require monitoring for principal

dangerous constituents (PDCs) in lieu of the constituents

specified under subsection (2)(b) of this section. PDCs are

dangerous constituents contained in the wastes to be applied

at the unit that are the most difficult to treat, considering the

combined effects of degradation, transformation, and immobilization. The department will establish PDCs if it finds,

based on waste analyses, treatment demonstrations, or other

data, that effective degradation, transformation, or immobilization of the PDCs will assure treatment at least equivalent

levels for the other dangerous constituents in the wastes.

(b) The owner or operator must install an unsaturated

zone monitoring system that includes soil monitoring using

soil cores and soil-pore liquid monitoring using devices such

as lysimeters. The unsaturated zone monitoring system must

consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:

(i) Represent the quality of background soil-pore liquid

quality and the chemical makeup of soil that has not been

affected by leakage from the treatment zone; and

(ii) Indicate the quality of soil-pore liquid and the chemical makeup of the soil below the treatment zone.

(c) The owner or operator must establish a background

value for each dangerous constituent to be monitored under

(a) of this subsection. The permit will specify the background

values for each constituent or specify the procedures to be

used to calculate the background values.

(i) Background soil values may be based on a one-time

sampling at a background plot having characteristics similar

to those of the treatment zone.

(ii) Background soil-pore liquid values must be based on

at least quarterly sampling for one year at a background plot

having characteristics similar to those of the treatment zone.

(iii) The owner or operator must express all background

values in a form necessary for the determination of statistically significant increases under (f) of this subsection.

(iv) In taking samples used in the determination of all

background values, the owner or operator must use an unsaturated zone monitoring system that complies with (b)(i) of

this subsection.

Time period

Annual Cd

application rate

(kilograms per hectare)

Present to June 30, 1984. . . . . . . . . . . . . . . . . . 2.0

July 1, 1984 to Dec. 31, 1986. . . . . . . . . . . . . . 1.25

Beginning Jan. 1, 1987. . . . . . . . . . . . . . . . . . . 0.5
Dangerous Waste Regulations 173-303-655

(6/30/09) [Ch. 173-303 WACóp. 149]

(d) The owner or operator must conduct soil monitoring

and soil-pore liquid monitoring immediately below the treatment zone. The department will specify the frequency and

timing of soil and soil-pore liquid monitoring in the facility

permit after considering the frequency, timing, and rate of

waste application, and the soil permeability. The owner or

operator must express the results of soil and soil-pore liquid

monitoring in a form necessary for the determination of statistically significant increases under (f) of this subsection.

(e) The owner or operator must use consistent sampling

and analysis procedures that are designed to ensure sampling

results that provide a reliable indication of soil-pore liquid

quality and the chemical makeup of the soil below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:

(i) Sample collection;

(ii) Sample preservation and shipment;

(iii) Analytical procedures; and

(iv) Chain of custody control.

(f) The owner or operator must determine whether there

is a statistically significant change over background values

for any dangerous constituent to be monitored under (a) of

this subsection, below the treatment zone each time he conducts soil monitoring and soil-pore liquid monitoring under

(d) of this subsection.

(i) In determining whether a statistically significant

increase has occurred, the owner or operator must compare

the value of each constituent, as determined under (d) of this

subsection, to the background value for that constituent

according to the statistical procedure specified in the facility

permit under this subsection.

(ii) The owner or operator must determine whether there

has been a statistically significant increase below the treatment zone within a reasonable time period after completion

of sampling. The department will specify that time period in

the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.

(iii) The owner or operator must determine whether there

is a statistically significant increase below the treatment zone

using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The department will specify a statistical procedure in the

facility permit that it finds:

(A) Is appropriate for the distribution of the data used to

establish background values; and

(B) Provides a reasonable balance between the probability of falsely identifying migration from the treatment zone

and the probability of failing to identify real migration from

the treatment zone.

(g) If the owner or operator determines, pursuant to (f) of

this subsection, that there is a statistically significant increase

of dangerous constituents below the treatment zone, he must:

(i) Notify the department of his finding in writing within

seven days. The notification must indicate what constituents

have shown statistically significant increases;

(ii) Within forty-five days, submit to the department an

application for a permit modification to amend the operating

practices at the facility in order to maximize the success of

degradation, transformation, or immobilization processes in

the treatment zone; and

(iii) Continue to monitor in accordance with the unsaturated zone monitoring program established under this subsection.

(h) If the owner or operator determines, pursuant to (f) of

this subsection, that there is a statistically significant increase

of dangerous constituents below the treatment zone, he may

demonstrate that a source other than regulated units caused

the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator

may make a demonstration under this subsection, he is not

relieved of the requirement to submit concurrently a permit

modification application within the forty-five-day period,

unless the demonstration made under this subsection successfully shows that a source other than regulated units caused the

increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration

under this subsection, the owner or operator must:

(i) Notify the department in writing within seven days of

determining a statistically significant increase below the

treatment zone that he intends to make a demonstration under

this subsection;

(ii) Within forty-five days, submit a report to the department demonstrating that a source other than the regulated

units caused the increase or that the increase resulted from

error in sampling, analysis, or evaluation;

(iii) Within forty-five days, submit to the department an

application for a permit modification to make any appropriate

changes to the unsaturated zone monitoring program at the

facility; and

(iv) Continue to monitor in accordance with the unsaturated zone monitoring program established under this subsection.

(7) Recordkeeping. The owner or operator must include

dangerous waste application dates and rates in the operating

record required under WAC 173-303-380.

(8) Closure and post-closure care.

(a) During the closure period the owner or operator must:

(i) Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of dangerous constituents within the treatment zone as

required under subsection (4)(a) of this section, except to the

extent such measures are inconsistent with (a)(viii) of this

subsection;

(ii) Continue all operations in the treatment zone to minimize runoff of dangerous constituents as required under subsection (4)(b) of this section;

(iii) Maintain the run-on control system required under

subsection (4)(c) of this section;

(iv) Maintain the runoff management system required

under subsection (4)(d) of this section;

(v) Control wind dispersal of dangerous waste if required

under subsection (4)(f) of this section;

(vi) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under subsection

(5) of this section;

(vii) Continue unsaturated zone monitoring in compliance with subsection (6) of this section, except that soil-pore

liquid monitoring may be terminated ninety days after the last

application of waste to the treatment zone; and

(viii) Establish a vegetative cover on the portion of the

facility being closed at such time that the cover will not sub-
173-303-655 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 150] (6/30/09)

stantially impede degradation, transformation, or immobilization of dangerous constituents in the treatment zone. The

vegetative cover must be capable of maintaining growth

without extensive maintenance.

(b) For the purpose of complying with WAC 173-303-

610(6) when closure is completed, the owner or operator may

submit to the department a certification by an independent

qualified soil scientist, in lieu of an independent, qualified

registered professional engineer, that the facility has been

closed in accordance with the specifications in the approved

closure plan.

(c) During the post-closure care period the owner or

operator must:

(i) Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain

immobilization of dangerous constituents in the treatment

zone to the extent that such measures are consistent with

other post-closure care activities;

(ii) Maintain a vegetative cover over closed portions of

the facility;

(iii) Maintain the run-on control system required under

subsection (4)(c) of this section;

(iv) Maintain the runoff management system required

under subsection (4)(d) of this section;

(v) Control wind dispersal of dangerous waste, if

required under subsection (4)(f) of this section;

(vi) Continue to comply with any prohibitions or conditions concerning growth of food chain crops under subsection

(5) of this section; and

(vii) Continue unsaturated zone monitoring in compliance with subsection (6) of this section, except that soil-pore

liquid monitoring may be terminated one hundred eighty

days after the last application of waste to the treatment zone.

(d) The owner or operator is not subject to regulation

under (a)(viii) and (c) of this subsection, if the department

finds that the level of dangerous constituents in the treatment

zone soil does not exceed the background value of those constituents by an amount that is statistically significant when

using the test specified in (d)(iii) of this subsection. The

owner or operator may submit such a demonstration to the

department at any time during the closure or post-closure

care periods. For the purposes of this subsection:

(i) The owner or operator must establish background soil

values and determine whether there is a statistically significant increase over those values for all dangerous constituents

specified in the facility permit under subsection (2)(b) of this

section;

(A) Background soil values may be based on a one-time

sampling of a background plot having characteristics similar

to those of the treatment zone;

(B) The owner or operator must express background values and values for dangerous constituents in the treatment

zone in a form necessary for the determination of statistically

significant increases under (d)(iii) of this subsection;

(ii) In taking samples used in the determination of background and treatment zone values, the owner or operator

must take samples at a sufficient number of sampling points

and at appropriate locations and depths to yield samples that

represent the chemical makeup of soil that has not been

affected by leakage from the treatment zone and the soil

within the treatment zone, respectively;

(iii) In determining whether a statistically significant

increase has occurred, the owner or operator must compare

the value of each constituent in the treatment zone to the

background value for that constituent using a statistical procedure that provides reasonable confidence that constituent

presence in the treatment zone will be identified. The owner

or operator must use a statistical procedure that:

(A) Is appropriate for the distribution of the data used to

establish background values; and

(B) Provides a reasonable balance between the probability of falsely identifying dangerous constituent presence in

the treatment zone and the probability of failing to identify

real presence in the treatment zone.

(e) The owner or operator is not subject to regulation

under WAC 173-303-645 if the department finds that the

owner or operator satisfies (d) of this subsection, and if unsaturated zone monitoring under subsection (6) of this section,

indicates that dangerous constituents have not migrated

beyond the treatment zone during the active life of the land

treatment unit.

(9) Special requirements for ignitable or reactive waste.

The owner or operator must not apply ignitable or reactive

waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of WAC 173-

303-140 (2)(a), and:

(a) The waste is immediately incorporated into the soil

so that:

(i) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive

waste under WAC 173-303-090 (5) and (7); and

(ii) WAC 173-303-395 is complied with; or

(b) The waste is managed in such a way that it is protected from any material or conditions which may cause it to

ignite or react.

(10) Special requirements for incompatible wastes. The

owner or operator must not place incompatible wastes, or

incompatible wastes and materials, in or on the same treatment zone, unless WAC 173-303-395 (1)(b) is complied

with.

(11) Special requirements for extremely hazardous

waste. Under no circumstances will EHW be allowed to

remain in a closed land treatment unit after concluding the

post-closure care period. If EHW remains at the end of the

scheduled post-closure care period specified in the permit,

then the department will either extend the post-closure care

period, or require that all EHW be disposed of off-site or that

it be treated. In deciding whether to extend post-closure care

or require disposal or treatment, the department will take into

account the likelihood that the waste will or will not continue

to degrade in the land treatment unit to the extent that it is no

longer EHW. For the purposes of this subsection, EHW will

be considered to remain in a land treatment unit if representative samples of the treatment zone are designated as EHW.

Procedures for representative sampling and testing will be

specified in the permit.

(12) Special requirements for dangerous wastes F020,

F021, F022, F023, F026, and F027.

(a) Dangerous wastes F020, F021, F022, F023, F026,

and F027 must not be placed in a land treatment unit unless

the owner or operator operates the facility in accordance with

a management plan for these wastes that is approved by the
Dangerous Waste Regulations 173-303-660

(6/30/09) [Ch. 173-303 WACóp. 151]

department pursuant to the standards set out in this subsection and in accord with all other applicable requirements of

this chapter. The factors to be considered are:

(i) The volume, physical, and chemical characteristics of

the wastes including their potential to migrate through soil or

to volatilize or escape into the atmosphere;

(ii) The attenuative properties of underlying and surrounding soils or other materials;

(iii) The mobilizing properties of other materials co-disposed with these wastes; and

(iv) The effectiveness of additional treatment, design, or

monitoring techniques.

(b) The department may determine that additional

design, operating, and monitoring requirements are necessary

for land treatment facilities managing dangerous wastes

F020, F021, F022, F023, F026, or F027 in order to reduce the

possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-655, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-655, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-655, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß 173-303-

655, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-655, filed

4/18/84.]

173-303-660 WAC 173-303-660 Waste piles. (1) Applicability.

(a) The regulations in this section apply to owners and

operators of facilities that store or treat dangerous waste in

piles.

(b) The regulations in this section do not apply to owners

or operators of waste piles that will be closed with wastes left

in place. Such waste piles are subject to regulation under

WAC 173-303-665 (Landfills).

(c) The owner or operator of any waste pile that is inside

or under a structure that provides protection from precipitation so that neither runoff nor leachate is generated is not subject to regulation under subsection (2) of this section, or

under WAC 173-303-645, provided that:

(i) Liquids or materials containing free liquids are not

placed in the pile;

(ii) The pile is protected from surface water run-on by

the structure or in some other manner;

(iii) The pile is designed and operated to control dispersal of the waste by wind, by means other than wetting; and

(iv) The pile will not generate leachate through decomposition or other reactions.

(d) Reserve.

(2) Design and operating requirements.

(a) A waste pile (except for an existing portion of a waste

pile) must have:

(i) A liner that is designed, constructed, installed and

maintained to prevent any migration of wastes out of the pile

into the adjacent subsurface soil or ground water or surface

water at any time during the active life (including the closure

period) of the waste pile. The liner may be constructed of

materials that may allow waste to migrate into the liner itself

(but not into the adjacent subsurface soil or ground water or

surface water) during the active life of the facility. The liner

must be:

(A) Constructed of materials that have appropriate

chemical properties and sufficient strength and thickness to

prevent failure due to pressure gradients (including static

head and external hydrogeologic forces), physical contact

with the waste or leachate to which they are exposed, climatic

conditions, the stress of installation, and the stress of daily

operation;

(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients

above and below the liner to prevent failure of the liner due to

settlement, compression, or uplift; and

(C) Installed to cover all surrounding earth likely to be in

contact with the waste or leachate; and

(ii) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the

pile. The department will specify design and operating conditions in the permit to ensure that the leachate depth over the

liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:

(A) Constructed of materials that are:

(I) Chemically resistant to the waste managed in the pile

and to the leachate expected to be generated; and

(II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste

cover materials, and by any equipment used at the pile; and

(B) Designed and operated to function without clogging

through the scheduled closure of the waste pile.

(b) A liner and leachate collection and removal system

must be protected from plant growth which could adversely

affect any component of the system.

(c) The owner or operator must submit an engineering

report with his permit application stating the basis for selecting the liner required in subsection (2)(a)(i) of this section.

The statement must be certified by an independent, qualified

registered professional engineer.

(d) The owner or operator will be exempted from the

requirements of (a), (b), and (c) of this subsection, if the

department finds, based on a demonstration by the owner or

operator, that alternate design and operating practices,

together with location characteristics, will prevent the migration of any dangerous constituents identified under WAC

173-303-645(4) into the ground water or surface water at any

future time. In deciding whether to grant an exemption, the

department will consider:

(i) The nature and quantity of the wastes;

(ii) The proposed alternate design and operation;

(iii) The hydrogeologic setting of the facility, including

attenuative capacity and thickness of the liners and soils

present between the pile and ground water or surface water;

and

(iv) All other factors which would influence the quality

and mobility of the leachate produced and the potential for it

to migrate to ground water or surface water.

(e) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto any portion of the pile during peak discharge

from at least a twenty-five-year storm.

(f) The owner or operator must design, construct, operate, and maintain a runoff management system to collect and
173-303-660 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 152] (6/30/09)

control at least the water volume resulting from a twentyfour-hour, twenty-five-year storm.

(g) Collection and holding facilities (e.g., tanks or

basins) associated with run-on and runoff control systems

must be emptied or otherwise managed expeditiously and in

accordance with this chapter after storms to maintain design

capacity of the system.

(h) If the pile contains any particulate matter which may

be subject to wind dispersal, the owner or operator must

cover or otherwise manage the pile to control wind dispersal.

(i) The department will specify in the permit all design

and operating practices that are necessary to ensure that the

requirements of this subsection are satisfied.

(j) The owner or operator of each new waste pile unit,

each lateral expansion of a waste pile unit, and each replacement of an existing waste pile unit must install two or more

liners and a leachate collection and removal system above

and between such liners.

(i) The liner system must include:

(A) A top liner designed and constructed of materials

(e.g., a geomembrane) to prevent the migration of dangerous

constituents into such liner during the active life and postclosure care period; and

(B) A composite bottom liner, consisting of at least two

components. The upper component must be designed and

constructed of materials (e.g., a geomembrane) to prevent the

migration of dangerous constituents into this component during the active life and post-closure care period. The lower

component must be designed and constructed of materials to

minimize the migration of dangerous constituents if a breach

in the upper component were to occur. The lower component

must be constructed of at least 3 feet (91 cm) of compacted

soil material with a hydraulic conductivity of no more than 1

x 10-7 cm/sec.

(C) The liners must comply with (a)(i), (A), (B), and (C)

of this subsection.

(ii) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the

waste pile during the active life and post-closure care period.

The department will specify design and operating conditions

in the permit to ensure that the leachate depth over the liner

does not exceed twelve inches (30.5 cm). The leachate collection and removal system must comply with (j)(iii) (D) and (E)

of this subsection.

(iii) The leachate collection and removal system between

the liners, and immediately above the bottom composite liner

in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing

leaks of dangerous constituents at the earliest practicable

time through all areas of the top liner likely to be exposed to

waste or leachate during the active life and post-closure care

period. The requirements for a leak detection system in this

paragraph are satisfied by installation of a system that is, at a

minimum:

(A) Constructed with a bottom slope of one percent or

more;

(B) Constructed of granular drainage materials with a

hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3

x 10-5 m2

/sec or more:

(C) Constructed of materials that are chemically resistant

to the waste managed in the waste pile and the leachate

expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at

the waste pile;

(D) Designed and operated to minimize clogging during

the active life and post-closure care period; and

(E) Constructed with sumps and liquid removal methods

(e.g., pumps) of sufficient size to collect and remove liquids

from the sump and prevent liquids from backing up into the

drainage layer. Each unit must have its own sump(s). The

design of each sump and removal system must provide a

method for measuring and recording the volume of liquids

present in the sump and of liquids removed.

(iv) The owner or operator will collect and remove pumpable liquids in the leak detection system sumps to minimize

the head on the bottom liner.

(v) The owner or operator of a leak detection system that

is not located completely above the seasonal high water table

must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground

water.

(k) The department may approve alternative design or

operating practices to those specified in (j) of this subsection

if the owner or operator demonstrates to the department that

such design and operating practices, together with location

characteristics:

(i) Will prevent the migration of any dangerous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in (c) of this subsection; and

(ii) Will allow detection of leaks of dangerous constituents through the top liner at least as effectively.

(l) Subitem (j) of this subsection does not apply to monofills that are granted a waiver by the department in accordance with WAC 173-303-650 (2)(l).

(m) The owner or operator of any replacement waste pile

unit is exempt from (j) of this subsection if:

(i) The existing unit was constructed in compliance with

the design standards of section 3004 (o)(1)(A)(i) and (o)(5) of

the Resource Conservation and Recovery Act; and

(ii) There is no reason to believe that the liner is not functioning as designed.

(3) Action leakage rate.

(a) The department must approve an action leakage rate

for waste piles subject to subsection (2)(j) or (k) of this section. The action leakage rate is the maximum design flow rate

that the leak detection system (LDS) can remove without the

fluid head on the bottom liner exceeding 1 foot. The action

leakage rate must include an adequate safety margin to allow

for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the

LDS, and proposed response actions (e.g., the action leakage

rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib lay-
Dangerous Waste Regulations 173-303-660

(6/30/09) [Ch. 173-303 WACóp. 153]

over and creep of synthetic components of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been

exceeded, the owner or operator must convert the weekly

flow rate from the monitoring data obtained under subsection

(5)(c) of this section to an average daily flow rate (gallons per

acre per day) for each sump. Unless the department approves

a different calculation, the average daily flow rate for each

sump must be calculated weekly during the active life and

closure period.

(4) Response actions.

(a) The owner or operator of waste pile units subject to

subsection (2)(j) or (k) of this section must have an approved

response action plan before receipt of waste. The response

action plan must set forth the actions to be taken if the action

leakage rate has been exceeded. At a minimum, the response

action plan must describe the actions specified in (b) of this

subsection.

(b) If the flow rate into the leak detection system exceeds

the action leakage rate for any sump, the owner or operator

must:

(i) Notify the department in writing of the exceedance

within seven days of the determination;

(ii) Submit a preliminary written assessment to the

department within fourteen days of the determination, as to

the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions

taken and planned;

(iii) Determine to the extent practicable the location,

size, and cause of any leak;

(iv) Determine whether waste receipt should cease or be

curtailed, whether any waste should be removed from the unit

for inspection, repairs, or controls, and whether or not the

unit should be closed;

(v) Determine any other short-term and long-term

actions to be taken to mitigate or stop any leaks; and

(vi) Within thirty days after the notification that the

action leakage rate has been exceeded, submit to the department the results of the analyses specified in (b) of this subsection and in subsections (3), (4), and (5) of this section, the

results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system

exceeds the action leakage rate, the owner or operator must

submit to the department a report summarizing the results of

any remedial actions taken and actions planned.

(c) To make the leak and/or remediation determinations

in (b) (C), (D), and (E) of this subsection, the owner or operator must:

(i)(A) Assess the source of liquids and amounts of liquids by source;

(B) Conduct a fingerprint, dangerous constituent, or

other analyses of the liquids in the leak detection system to

identify the source of liquids and possible location of any

leaks, and the hazard and mobility of the liquid; and

(C) Assess the seriousness of any leaks in terms of

potential for escaping into the environment; or

(ii) Document why such assessments are not needed.

(5) Monitoring and inspection.

(a) During construction or installation, liners (except in

the case of existing portions of piles exempt from subsection

(2)(a) of this section), and cover systems (e.g., membranes,

sheets, coatings) must be inspected for uniformity, damage,

and imperfections (e.g., holes, cracks, thin spots, foreign

materials). Immediately after construction or installation:

(i) Synthetic liners and covers must be inspected to

ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(ii) Soil-based and admixed liners and covers must be

inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may

cause an increase in the permeability of the liner or cover.

(b) While a waste pile is in operation, it must be

inspected weekly and after storms to detect evidence of any

of the following:

(i) Deterioration, malfunctions, or improper operation of

run-on and runoff control systems;

(ii) Proper functioning of wind dispersal control systems; and

(iii) The presence of leachate in and proper functioning

of leachate collection and removal systems, where present.

(c) An owner or operator required to have a leak detection system under subsection (2)(j) of this section must

record the amount of liquids removed from each leak detection system sump at least once each week during the active

life and closure period.

(6) Containment system repairsóContingency plans.

(a) Whenever there is any indication of a possible failure

of the containment system, that system must be inspected in

accordance with the provisions of the containment system

evaluation and repair plan required by (d) of this subsection.

Indications of possible failure of the containment system

include liquid detected in the leachate detection system, evidence of leakage or the potential for leakage in the base, erosion of the base, or apparent or potential deterioration of the

liner(s) based on observation or test samples of the liner

materials.

(b) Whenever there is a positive indication of a failure of

the containment system, the waste pile must be removed from

service. Indications of positive failure of the containment system include waste detected in the leachate detection system,

or a breach (e.g., a hole, tear, crack, or separation) in the base.

(c) If the waste pile must be removed from service as

required by (b) of this subsection, the owner or operator

must:

(i) Immediately stop adding wastes to the pile;

(ii) Immediately contain any leakage which has occurred

or is occurring;

(iii) Immediately cause the leak to be stopped; and

(iv) If the leak cannot be stopped by any other means,

remove the waste from the base.

(d) As part of the contingency plan required in WAC

173-303-350, the owner or operator must specify:

(i) A procedure for complying with the requirements of

(c) of this subsection; and

(ii) A containment system evaluation and repair plan

describing: Testing and monitoring techniques; procedures

to be followed to evaluate the integrity of the containment

system in the event of a possible failure; a schedule of actions

to be taken in the event of a possible failure; and a description

of the repair techniques and materials (and their availability)

to be used in the event of leakage due to containment system

failure or deterioration which does not require the waste pile
173-303-665 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 154] (6/30/09)

to be removed from service. For EHW piles, the owner or

operator must submit with his permit application a statement

signed by an independent, qualified registered professional

engineer of the basis on which the evaluation and repair plan

has been established.

(e) No waste pile that has been removed from service

pursuant to (b) of this subsection, may be restored to service

unless:

(i) The containment system has been repaired; and

(ii) The containment system has been certified by a qualified engineer as meeting the design specifications approved

in the permit.

(f) A waste pile that has been removed from service pursuant to (b) of this subsection, and will not be repaired, must

be closed in accordance with subsection (9) of this section.

(7) Special requirements for ignitable or reactive waste.

Ignitable or reactive waste must not be placed in a waste pile,

unless the waste and waste pile satisfy all applicable requirements of WAC 173-303-140 (2)(a), and:

(a) Addition of the waste to an existing pile results in the

waste or mixture no longer meeting the definition of ignitable

or reactive waste under WAC 173-303-090, and complies

with WAC 173-303-395 (1)(b); or

(b)(i) The waste is managed in such a way that it is protected from any material or conditions which may cause it to

ignite or react; and

(ii) The generator complies with WAC 173-303-395

(1)(d).

(8) Special requirements for incompatible wastes.

(a) Incompatible wastes, or incompatible wastes and

materials must not be placed in the same pile, unless WAC

173-303-395 (1)(b) is complied with.

(b) A pile of dangerous waste that is incompatible with

any waste or other material stored nearby in other containers,

piles, open tanks, or surface impoundments must be separated from the other materials, or protected from them by

means of a dike, berm, wall, or other device. Piles of incompatible wastes must not be served by the same containment

system.

(c) Dangerous waste must not be piled on the same base

where incompatible wastes or materials were previously

piled, unless the base has been decontaminated sufficiently to

ensure compliance with WAC 173-303-395 (1)(b).

(9) Closure and post-closure care.

(a) At closure, the owner or operator must remove or

decontaminate all dangerous waste, waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated

with waste and leachate, and manage them in accordance

with this chapter.

(b) If, after removing or decontaminating all residues

and making all reasonable efforts regarding removal or

decontamination of contaminated components, subsoils,

structures, and equipment as required in (a) of this subsection, the owner or operator finds that not all contaminated

subsoils can be practicably removed or decontaminated

(except that no EHW may ever be left in place), he must close

the facility and perform post-closure care in accordance with

the closure and post-closure care requirements that apply to

landfills, WAC 173-303-665(6).

(c)(i) The owner or operator of a waste pile that does not

comply with the liner requirements of subsection (2)(a)(i) of

this section, and is not exempt from them in accordance with

subsection (1)(c) or (2)(d) of this section, must:

(A) Include in the closure plan for the pile under WAC

173-303-610(3) both a plan for complying with (a) of this

subsection, and a contingent plan for complying with (b) of

this subsection, in case not all contaminated subsoils can be

practicably removed at closure; and

(B) Prepare a contingent post-closure plan under WAC

173-303-610(8) for complying with (b) of this subsection, in

case not all contaminated subsoils can be practicably

removed at closure.

(ii) The cost estimates calculated under WAC 173-303-

620 (3) and (5) for closure and post-closure care of a pile

must include the cost of complying with the contingent closure plan and the contingent post-closure plan but are not

required to include the cost of expected closure under (a) of

this subsection.

(10) Special requirements for dangerous wastes F020,

F021, F022, F023, F026, and F027.

(a) Dangerous wastes F020, F021, F022, F023, F026,

and F027 must not be placed in waste piles that are not

enclosed (as defined in subsection (1)(c) of this section)

unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is

approved by the department pursuant to the standards set out

in this subsection, and in accord with all other applicable

requirements of this chapter. The factors to be considered are:

(i) The volume, physical, and chemical characteristics of

the wastes, including their potential to migrate through soil or

to volatilize or escape into the atmosphere;

(ii) The attenuative properties of underlying and surrounding soils or other materials;

(iii) The mobilizing properties of other materials co-disposed with these wastes; and

(iv) The effectiveness of additional treatment, design, or

monitoring techniques.

(b) The department may determine that additional

design, operating, and monitoring requirements are necessary

in order to reduce the possibility of migration of these wastes

to ground water, to surface water, or air so as to protect

human health and the environment.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-660, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-660, filed 10/19/95, effective 11/19/95; 94-01-060

(Order 92-33), ß 173-303-660, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

660, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-660, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-660, filed 4/18/84. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-660, filed 2/10/82.]

173-303-665 WAC 173-303-665 Landfills. (1) Applicability. The

regulations in this section apply to owners and operators of

facilities that dispose of dangerous waste in landfills, except

as WAC 173-303-600 provides otherwise. No landfill will be

permitted to dispose of EHW, except for the Hanford facility

under WAC 173-303-700.

(2) Design and operating requirements.

(a) Any landfill that is not covered by (h) of this subsection must have a liner system for all portions of the landfill
Dangerous Waste Regulations 173-303-665

(6/30/09) [Ch. 173-303 WACóp. 155]

(except for an existing portion of a landfill). The liner system

must have:

(i) A liner that is designed, constructed, and installed to

prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) of

the landfill. The liner must be constructed of materials that

prevent wastes from passing into the liner during the active

life of the facility. The owner or operator must submit an

engineering report with his permit application under WAC

173-303-806(4) stating the basis for selecting the liner(s).

The report must be certified by a licensed professional engineer. The liner must be:

(A) Constructed of materials that have appropriate

chemical properties and sufficient strength and thickness to

prevent failure due to pressure gradients (including static

head and external hydrogeologic forces), physical contact

with the waste or leachate to which they are exposed, climatic

conditions, the stress of installation, and the stress of daily

operation;

(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients

above and below the liner to prevent failure of the liner due to

settlement, compression, or uplift; and

(C) Installed to cover all surrounding earth likely to be in

contact with the waste or leachate; and

(ii) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the

landfill. The department will specify design and operating

conditions in the permit to ensure that the leachate depth over

the liner does not exceed 30 cm (one foot). The leachate collection and removal system must be:

(A) Constructed of materials that are:

(I) Chemically resistant to the waste managed in the

landfill and the leachate expected to be generated; and

(II) Of sufficient strength and thickness to prevent failure

under the pressures exerted by overlying wastes, waste cover

materials, and by any equipment used at the landfill; and

(B) Designed and operated to function without clogging

through the scheduled closure of the landfill.

(b) The owner or operator will be exempted from the

requirements of (a) of this subsection, if the department finds,

based on a demonstration by the owner or operator, that alternative design and operating practices, together with location

characteristics, will prevent the migration of any dangerous

constituents into the ground water or surface water at any

future time. In deciding whether to grant an exemption, the

department will consider:

(i) The nature and quantity of the wastes;

(ii) The proposed alternate design and operation;

(iii) The hydrogeologic setting of the facility, including

the attenuative capacity and thickness of the liners and soils

present between the landfill and ground water or surface

water; and

(iv) All other factors which would influence the quality

and mobility of the leachate produced and the potential for it

to migrate to ground water or surface water.

(c) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak

discharge from at least a twenty-five-year storm.

(d) The owner or operator must design, construct, operate, and maintain a runoff management system to collect and

control at least the water volume resulting from a twentyfour-hour, twenty-five-year storm.

(e) Collection and holding facilities (e.g., tanks or

basins) associated with run-on and runoff control systems

must be emptied or otherwise managed expeditiously and in

accordance with this chapter after storms to maintain design

capacity of the system.

(f) If the landfill contains any particulate matter which

may be subject to wind dispersal, the owner or operator must

cover or otherwise manage the landfill to control wind dispersal.

(g) The department will specify in the permit all design

and operating practices that are necessary to ensure that the

requirements of this subsection are satisfied.

(h) The owner or operator of each new landfill unit on

which construction commences after January 29, 1992, each

lateral expansion of a landfill unit on which construction

commences after July 29, 1992, and each replacement of an

existing landfill unit that commences reuse after July 29,

1992, must install two or more liners and a leachate collection and removal system above and between such liners.

"Construction commences" is as defined in WAC 173-303-

040 under "existing facility."

(i) The liner system must:

(A) Include a top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of dangerous constituents into such liner during the active life and

post-closure care period; and

(B) Include a composite bottom liner, consisting of at

least two components. The upper component must be

designed and constructed of materials (e.g., a geomembrane)

to prevent the migration of dangerous constituents into this

component during the active life and post-closure care

period. The lower component must be designed and constructed of materials to minimize the migration of dangerous

constituents if a breach in the upper component were to

occur. The lower component must be constructed of at least 3

feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7 cm/sec.

(C) The liners must comply with (a)(i)(A), (B), and (C)

of this subsection.

(ii) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the

landfill during the active life and post-closure care period.

The department will specify design and operating conditions

in the permit to ensure that the leachate depth over the liner

does not exceed twelve inches (30.5 cm). The leachate collection and removal system must comply with (h)(iii) and (iv) of

this subsection.

(iii) The leachate collection and removal system between

the liners, and immediately above the bottom composite liner

in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing

leaks of dangerous constituents at the earliest practicable

time through all areas of the top liner likely to be exposed to
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[Ch. 173-303 WACóp. 156] (6/30/09)

waste or leachate during the active life and post-closure care

period. The requirements for a leak detection system in this

subsection are satisfied by installation of a system that is, at a

minimum:

(A) Constructed with a bottom slope of one percent or

more;

(B) Constructed of granular drainage materials with a

hydraulic conductivity of 1 x 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3

x 10-5 m2

/sec or more;

(C) Constructed of materials that are chemically resistant

to the waste managed in the landfill and the leachate expected

to be generated, and of sufficient strength and thickness to

prevent collapse under the pressures exerted by overlying

wastes, waste cover materials, and equipment used at the

landfill;

(D) Designed and operated to minimize clogging during

the active life and post-closure care period; and

(E) Constructed with sumps and liquid removal methods

(e.g., pumps) of sufficient size to collect and remove liquids

from the sump and prevent liquids from backing up into the

drainage layer. Each unit must have its own sump(s). The

design of each sump and removal system must provide a

method for measuring and recording the volume of liquids

present in the sump and of liquids removed.

(iv) The owner or operator will collect and remove pumpable liquids in the leak detection system sumps to minimize

the head on the bottom liner.

(v) The owner or operator of a leak detection system that

is not located completely above the seasonal high water table

must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground

water.

(i) The department may approve alternative design or

operating practices to those specified in (h) of this subsection

if the owner or operator demonstrates to the department that

such design and operating practices, together with location

characteristics:

(i) Will prevent the migration of any dangerous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in (c) of this subsection; and

(ii) Will allow detection of leaks of dangerous constituents through the top liner at least as effectively.

(j) The double liner requirement set forth in (h) of this

subsection may be waived by the department for any monofill, if:

(i) The monofill contains only dangerous wastes from

foundry furnace emission controls or metal casting molding

sand, and such wastes do not contain constituents which

would render the wastes dangerous for reasons other than the

toxicity characteristic in WAC 173-303-090(8), with dangerous waste numbers D004 through D017 or the toxicity criteria at WAC 173-303-100(5); and

(ii)(A) The monofill has at least one liner for which there

is no evidence that such liner is leaking;

(B) The monofill is located more than one-quarter mile

from an underground source of drinking water (as that term is

defined in WAC 173-303-040); and

(C) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities

with permits under RCRA 3005(c); or

(D) The owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there

will be no migration of any dangerous constituent into

ground water or surface water at any future time.

(k) The owner or operator of any replacement landfill

unit is exempt from (h) of this subsection if:

(i) The existing unit was constructed in compliance with

the design standards of section 3004 (o)(1)(A)(i) and (o)(5) of

the Resource Conservation and Recovery Act; and

(ii) There is no reason to believe that the liner is not functioning as designed.

(3) Reserve.

(4) Monitoring and inspection.

(a) During construction or installation, liners (except in

the case of existing portions of landfills exempt from subsection (2)(a) of this section), and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity,

damage, and imperfections (e.g., holes, cracks, thin spots, or

foreign materials). Immediately after construction or installation:

(i) Synthetic liners and covers must be inspected to

ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(ii) Soil-based and admixed liners and covers must be

inspected for imperfections including lenses, cracks, channels, root holes, or other structural nonuniformities that may

cause an increase in the permeability of the liner or cover.

(b) While a landfill is in operation, it must be inspected

weekly and after storms to detect evidence of any of the following:

(i) Deterioration, malfunctions, or improper operation of

run-on and runoff control systems;

(ii) Proper functioning of wind dispersal control systems; and

(iii) The presence of leachate in and proper functioning

of leachate collection and removal systems.

(c)(i) An owner or operator required to have a leak detection system under subsection (2)(h) or (j) of this section must

record the amount of liquids removed from each leak detection system sump at least once each week during the active

life and closure period.

(ii) After the final cover is installed, the amount of liquids removed from each leak detection system sump must be

recorded at least monthly. If the liquid level in the sump stays

below the pump operating level for two consecutive months,

the amount of liquids in the sumps must be recorded at least

quarterly. If the liquid level in the sump stays below the pump

operating level for two consecutive quarters, the amount of

liquids in the sumps must be recorded at least semiannually.

If at any time during the post-closure care period the pump

operating level is exceeded at units on quarterly or semiannual recording schedules, the owner or operator must return

to monthly recording of amounts of liquids removed from

each sump until the liquid level again stays below the pump

operating level for two consecutive months.

(iii) "Pump operating level" is a liquid level proposed by

the owner or operator and approved by the department based

on pump activation level, sump dimensions, and level that
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(6/30/09) [Ch. 173-303 WACóp. 157]

avoids backup into the drainage layer and minimizes head in

the sump.

(5) Surveying and recordkeeping. The owner or operator

of a landfill must maintain the following items in the operating record required under WAC 173-303-380:

(a) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed

benchmarks; and

(b) The contents of each cell and the approximate location of each dangerous waste type within each cell.

(6) Closure and post-closure care.

(a) At final closure of the landfill or upon closure of any

cell, the owner or operator must cover the landfill or cell with

a final cover designed and constructed to:

(i) Provide long-term minimization of migration of liquids through the closed landfill;

(ii) Function with minimum maintenance;

(iii) Promote drainage and minimize erosion or abrasion

of the cover;

(iv) Accommodate settling and subsidence so that the

cover's integrity is maintained; and

(v) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(b) After final closure, the owner or operator must comply with all post-closure requirements contained in WAC

173-303-610 (7), (8), (9), and (10) including maintenance

and monitoring throughout the post-closure care period. The

owner or operator must:

(i) Maintain the integrity and effectiveness of the final

cover, including making repairs to the cap as necessary to

correct the effects of settling, subsidence, erosion, or other

events;

(ii) Maintain and monitor the leak detection system in

accordance with subsections (2)(h) and (4)(c) of this section,

where such a system is present between double liner systems;

(iii) Continue to operate the leachate collection and

removal system until leachate is no longer detected;

(iv) Maintain and monitor the ground water monitoring

system and comply with all other applicable requirements of

WAC 173-303-645;

(v) Prevent run-on and runoff from eroding or otherwise

damaging the final cover; and

(vi) Protect and maintain surveyed benchmarks used in

complying with subsection (5) of this section.

(c) Reserve.

(7) Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials

must not be placed in the same landfill cell, unless WAC 173-

303-395 (1)(b) is complied with.

(8) Action leakage rate.

(a) The department must approve an action leakage rate

for landfill units subject to subsection (2)(h) or (j) of this section. The action leakage rate is the maximum design flow rate

that the leak detection system (LDS) can remove without the

fluid head on the bottom liner exceeding l foot. The action

leakage rate must include an adequate safety margin to allow

for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the

LDS, and proposed response actions (e.g., the action leakage

rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(b) To determine if the action leakage rate has been

exceeded, the owner or operator must convert the weekly or

monthly flow rate from the monitoring data obtained under

subsection (2)(h) of this section to an average daily flow rate

(gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow

rate for each sump must be calculated weekly during the

active life and closure period, and monthly during the postclosure care period when monthly monitoring is required

under subsection (9) of this section.

(9) Response actions.

(a) The owner or operator of landfill units subject to subsection (2)(h) or (j) of this section must have an approved

response action plan before receipt of waste. The response

action plan must set forth the actions to be taken if the action

leakage rate has been exceeded. At a minimum, the response

action plan must describe the actions specified in (b) of this

subsection.

(b) If the flow rate into the leak detection system exceeds

the action leakage rate for any sump, the owner or operator

must:

(i) Notify the department in writing of the exceedance

within seven days of the determination;

(ii) Submit a preliminary written assessment to the

department within fourteen days of the determination, as to

the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions

taken and planned;

(iii) Determine to the extent practicable the location,

size, and cause of any leak;

(iv) Determine whether waste receipt should cease or be

curtailed, whether any waste should be removed from the unit

for inspection, repairs, or controls, and whether or not the

unit should be closed;

(v) Determine any other short-term and long-term

actions to be taken to mitigate or stop any leaks; and

(vi) Within thirty days after the notification that the

action leakage rate has been exceeded, submit to the department the results of the analyses specified in (b)(iii), (iv), and

(v) of this subsection, the results of actions taken, and actions

planned. Monthly thereafter, as long as the flow rate in the

leak detection system exceeds the action leakage rate, the

owner or operator must submit to the department a report

summarizing the results of any remedial actions taken and

actions planned.

(c) To make the leak and/or remediation determinations

in (b)(iii), (iv), and (v) of this subsection, the owner or operator must:

(i) Assess the source of liquids and amounts of liquids by

source;

(ii) Conduct a fingerprint, dangerous constituent, or

other analyses of the liquids in the leak detection system to

identify the source of liquids and possible location of any

leaks, and the hazard and mobility of the liquid; and

(iii) Assess the seriousness of any leaks in terms of

potential for escaping into the environment; or

(iv) Document why such assessments are not needed.
173-303-670 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 158] (6/30/09)

(10) Special requirements for ignitable or reactive waste.

(a) Except as provided in subsection (8)(b) of this section, and in WAC 173-303-161, ignitable or reactive waste

must not be placed in a landfill, unless the waste and landfill

meet all applicable requirements for owners and operators of

dangerous waste treatment, storage and disposal facilities

contained in this chapter, and:

(i) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive

waste under WAC 173-303-090 (5) or (7); and

(ii) WAC 173-303-395(1) is complied with.

(b) Except for prohibited wastes which remain subject to

treatment standards in WAC 173-303-140 (2)(a), ignitable

wastes in containers may be landfilled without meeting the

requirements of (a) of this subsection, provided that the

wastes are disposed of in such a way that they are protected

from any material or conditions which may cause them to

ignite. At a minimum, ignitable wastes must be disposed of in

nonleaking containers which are carefully handled and

placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be

disposed of in cells that contain or will contain other wastes

which may generate heat sufficient to cause ignition of the

waste.

(11) Special requirements for hazardous wastes F020,

F021, F022, F023, F026, and F027.

(a) Hazardous wastes F020, F021, F022, F023, F026,

and F027 must not be placed in a landfill unless the owner or

operator operates the landfill in accord with a management

plan for these wastes that is approved by the department pursuant to the standards set out in this subsection, and in accord

with all other applicable requirements of this section. The

factors to be considered are:

(i) The volume, physical, and chemical characteristics of

the wastes, including their potential to migrate through the

soil or to volatilize or escape into the atmosphere;

(ii) The attenuative properties of underlying and surrounding soils or other materials;

(iii) The mobilizing properties of other materials co-disposed with these wastes; and

(iv) The effectiveness of additional treatment, design, or

monitoring requirements.

(b) The department may determine that additional

design, operating, and monitoring requirements are necessary

for landfills managing hazardous wastes F020, F021, F022,

F023, F026, and F027 in order to reduce the possibility of

migration of these wastes to ground water, surface water, or

air so as to protect human health and the environment.

(12) Special requirements for containers. Unless they are

very small, such as an ampule, containers must be either:

(a) At least ninety percent full when placed in the landfill; or

(b) Crushed, shredded, or similarly reduced in volume to

the maximum practical extent before burial in the landfill.

(13) Disposal of liquid waste. Special requirements for

bulk and containerized liquids are at WAC 173-303-140

(4)(b).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-665, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-665, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-665, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), ß 173-303-

665, filed 1/5/88, effective 2/5/88; 86-12-057 (Order DE-85-10), ß 173-303-

665, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-665, filed

4/18/84.]

173-303-670 WAC 173-303-670 Incinerators. (1) Applicability.

(a) Except as WAC 173-303-600 provides otherwise, the

regulations in this section apply to owners and operators of

facilities that incinerate dangerous waste and to owners and

operators who burn dangerous waste in boilers or industrial

furnaces in order to destroy them, or who burn dangerous

waste in boilers or in industrial furnaces for any recycling

purpose and elect to be regulated under this section.

(b) Integration of the MACT standards. 40 CFR part 63

subpart EEE is incorporated by reference at WAC 173-400-

075 (5)(a). Note that if you are subject to Part 63 you must get

an air permit from ecology or the local air authority.

(i) Except as provided by (b)(ii) through (iv) of this subsection, the standards of this section do not apply to a new

dangerous waste incineration unit that becomes subject to

dangerous waste permit requirements after October 12, 2005;

or no longer apply when an owner or operator of an existing

dangerous waste incineration unit demonstrates compliance

with the maximum achievable control technology (MACT)

requirements of 40 CFR part 63, subpart EEE, by conducting

a comprehensive performance test and submitting to the

department a Notification of Compliance under 40 CFR

63.1207(j) and 63.1210(b) documenting compliance with the

requirements of part 63, subpart EEE. Nevertheless, even

after this demonstration of compliance with the MACT standards, dangerous waste permit conditions that were based on

the standards of this section will continue to be in effect until

they are removed from the permit or the permit is terminated

or revoked, unless the permit expressly provides otherwise.

(ii) The MACT standards do not replace the closure

requirements of WAC 173-303-610 or the applicable requirements of WAC 173-303-280 through 173-303-395, 173-303-

645, 173-303-610, 173-303-620, 173-303-691, 173-303-692,

and 173-303-902.

(iii) The particulate matter standard of subsection

(4)(c)(ii) of this section remains in effect for incinerators that

elect to comply with the alternative to the particulate matter

standard of 40 CFR 63.1206 (b)(14) and 63.1219(e).

(iv) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply

with 40 CFR 270.235 (a)(1)(i), which is incorporated by reference, to minimize emissions of toxic compounds from

these events:

(A) Subsection (6)(a) of this section requiring that an

incinerator operate in accordance with operating requirements specified in the permit; and

(B) Subsection (6)(c) of this section requiring compliance with the emission standards and operating requirements

during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.

(v) The particulate matter standard of subsection (4) of

this section remains in effect for incinerators that elect to

comply with the alternative to the particulate matter standard

of 40 CFR 63.1206 (b)(14) and 63.1219(e).
Dangerous Waste Regulations 173-303-670

(6/30/09) [Ch. 173-303 WACóp. 159]

(c) The department may, in establishing permit conditions, exempt the facility from all requirements of this section

except subsection (2) of this section, waste analysis, and subsection (8) of this section, closure, if the department finds,

after an examination of the waste analysis included with Part

B of the owner/operator's permit application, that the waste

to be burned:

(i)(A) Is either listed as a dangerous waste in WAC 173-

303-080 only because it is ignitable or, that the waste is designated only as an ignitable dangerous waste under WAC

173-303-090; or

(B) Is either listed in WAC 173-303-080 or is designated

under WAC 173-303-090 solely because it is reactive for the

characteristics described in WAC 173-303-090 (7)(a)(i), (ii),

(iii), (vi), (vii) and (viii), and will not be burned when other

dangerous wastes are present in the combustion zone; and

(ii) Contains none of the dangerous constituents listed in

WAC 173-303-9905 above significant concentration limits;

and

(iii) Is not designated by the dangerous waste criteria of

WAC 173-303-100.

(d) The owner or operator of an incinerator may conduct

trial burns, subject only to the requirements of WAC 173-

303-807, trial burn permits.

(2) Waste analysis.

(a) As a portion of a trial burn plan required by WAC

173-303-807, or with Part B of his permit application, the

owner or operator must have included an analysis of his

waste feed sufficient to provide all information required by

WAC 173-303-807 or 173-303-806 (3) and (4).

(b) Throughout normal operation the owner or operator

must conduct sufficient waste analysis to verify that waste

feed to the incinerator is within the physical and chemical

composition limits specified in his permit (under subsection

(6)(b) of this section).

(3) Designation of principal organic dangerous constituents and dangerous combustion by-products. Principal

organic dangerous constituents (PODCs) and dangerous

combustion by-products must be treated to the extent

required by the performance standards specified in subsection (4) of this section. For each waste feed to be burned, one

or more PODCs and dangerous combustion by-products will

be specified in the facility's permit from among those constituents listed in WAC 173-303-9905 and, to the extent practical, from among those constituents which contribute to the

toxicity, persistence, or carcinogenicity of wastes designated

under WAC 173-303-100. This specification will be based on

the degree of difficulty of incineration of the organic constituents of the waste feed and its combustion by-products and

their concentration or mass, considering the results of waste

analyses and trial burns or alternative data submitted with

Part B of the facility's permit application. Organic constituents or by-products which represent the greatest degree of

difficulty of incineration will be those most likely to be designated as PODCs and dangerous combustion by-products.

Constituents are more likely to be designated as PODCs or

dangerous combustion by-products if they are present in

large quantities or concentrations. Trial PODCs will be designated for performance of trial burns in accordance with the

procedure specified in WAC 173-303-807 for obtaining trial

burn permits. Trial dangerous combustion by-products may

be designated under the same procedures.

(4) Performance standards. An incinerator burning dangerous waste must be designed, constructed, and maintained

so that, when operated in accordance with operating requirements specified under subsection (6) of this section, it will

meet the following performance standards:

(a)(i) Except as provided in (a)(ii) of this subsection, an

incinerator burning dangerous waste must achieve a destruction and removal efficiency (DRE) of 99.99 percent for each

PODC designated (under subsection (3) of this section) in its

permit for each waste feed. DRE is determined for each

PODC from the following equation:

(ii) An incinerator burning dangerous wastes F020,

F021, F022, F023, F026, or F027 must achieve a destruction

and removal efficiency (DRE) of 99.9999% for each principal organic dangerous constituent (PODCs) designated

(under subsection (3) of this section) in its permit. This performance must be demonstrated on PODCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for

each PODCs from the equation in subsection (4)(a)(i) of this

section. In addition, the owner or operator of the incinerator

must notify the department of his intent to incinerate dangerous wastes F020, F021, F022, F023, F026, or F027.

(b) Incinerators burning dangerous waste must destroy

dangerous combustion by-products designated under subsection (3) of this section so that the total mass emission rate of

these by-products emitted from the stack is no more than .01

percent of the total mass feed rate of PODCs fed into the

incinerator.

(c)(i) An incinerator burning dangerous waste and producing stack emissions of more than 1.8 kilograms per hour

(4 pounds per hour) of hydrogen chloride (HCl) must control

HCl emissions such that the rate of emission is no greater

than the larger of either 1.8 kilograms per hour or one percent

of the HCl in the stack gas prior to entering any pollution control equipment.

(ii) An incinerator burning dangerous waste must not

emit particulate matter in excess of 180 milligrams per dry

standard cubic meter (0.08 grains per dry standard cubic foot)

when corrected for the amount of oxygen in the stack gas

according to the formula:

Where Pc is the corrected concentration of particulate

matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the

stack gas, using the Orsat method for oxygen analysis of dry

flue gas, presented in 40 CFR Part 60, Appendix A (Method

3). This correction procedure is to be used by all dangerous

DRE = (Win - Wout) × 100% Win

Where: Win = Mass feed rate of one PODC in the waste stream 

feeding the incinerator, and Wout = Mass emission rate of the same PODC present 

in exhaust emissions prior to release to the atmosphere.

Pc = Pm × 14

21-Y
173-303-670 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 160] (6/30/09)

waste incinerators except those operating under conditions of

oxygen enrichment. For these facilities, the department will

select an appropriate correction procedure to be specified in

the facility permit.

(d) The emission standards specified in (c) of this subsection must be met when no other more stringent standards

exist. Where a state or local air pollution control authority has

jurisdiction and has more stringent emission standards, an

incinerator burning dangerous wastes must comply with the

applicable air pollution control authority's emission standards

(including limits based on best available control technology).

(e) For purposes of permit enforcement, compliance with

the operating requirements specified in the permit (under

subsection (6) of this section), will be regarded as compliance

with subsection (4) of this section. However, evidence that

compliance with those permit conditions is insufficient to

ensure compliance with the performance requirements of

subsection (4) of this section, may be evidence justifying

modification, revocation, or reissuance of a permit under

WAC 173-303-830.

(5) Trial burns and permit modifications.

(a) The owner or operator of a dangerous waste incinerator may burn only wastes specified in his permit and only

under operating conditions specified for those wastes under

subsection (6) of this section, except:

(i) In approved trial burns under WAC 173-303-807; or

(ii) Under exemptions created by WAC 173-303-670(1).

(b) New dangerous wastes may be burned only after

operating conditions have been specified in a trial burn permit or a permit modification has been issued, as applicable.

Operating requirements for new wastes may be based on

either trial burn results or alternative data included with Part

B of a permit application under WAC 173-303-806(4).

(c) The permit for a new dangerous waste incinerator

must establish appropriate conditions for each of the applicable requirements of this section, including but not limited to

allowable waste feeds and operating conditions necessary to

meet the requirements of subsection (6) of this section, sufficient to comply with the following standards:

(i) For the period beginning with initial introduction of

dangerous waste to the incinerator and ending with initiation

of the trial burn, and only for the minimum time required to

establish operating conditions required in (c)(ii) of this subsection, not to exceed a duration of seven hundred twenty

hours operating time for treatment of dangerous waste. The

operating requirements must be those most likely to ensure

compliance with the performance standards of subsection (4)

of this section, based on the department's engineering judgment. The department may extend the duration of this period

once for up to seven hundred twenty additional hours when

good cause for the extension is demonstrated by the applicant;

(ii) For the duration of the trial burn, the operating

requirements must be sufficient to demonstrate compliance

with the performance standards of subsection (4) of this section, and must be in accordance with the approved trial burn

plan;

(iii) For the period immediately following completion of

the trial burn, and only for the minimum period sufficient to

allow sample analysis, data computation, and submission of

the trial burn results by the applicant, and review of the trial

burn results and modification of the facility permit by the

department, the operating requirements must be those most

likely to ensure compliance with the performance standards

of subsection (4) of this section, based on the department's

engineering judgment;

(iv) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn

or by alternative data specified in WAC 173-303-806

(4)(f)(iii)(G), as sufficient to ensure compliance with the performance standards of subsection (4) of this section.

(6) Operating requirements.

(a) An incinerator must be operated in accordance with

operating requirements specified in the permit. These will be

specified on a case-by-case basis as those demonstrated (in a

trial burn or in alternative data as specified in subsection

(5)(b) of this section and included with Part B of a facility's

permit application) to be sufficient to comply with the performance standards of subsection (4) of this section.

(b) Each set of operating requirements will specify the

composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed

which will not affect compliance with the performance

requirement of subsection (4) of this section) to which the

operating requirements apply. For each such waste feed, the

permit will specify acceptable operating limits including the

following conditions:

(i) Carbon monoxide (CO) level in the stack exhaust gas;

(ii) Waste feed rate;

(iii) Combustion temperature;

(iv) An appropriate indicator of combustion gas velocity;

(v) Allowable variations in incinerator system design or

operating procedures; and

(vi) Such other operating requirements as are necessary

to ensure that the performance standards of subsection (4) of

this section are met.

(c) During startup and shutdown of an incinerator, dangerous waste (except waste exempted in accordance with

subsection (1)(b) of this section) must not be fed into the

incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified

in the permit.

(d) Fugitive emissions from the combustion zone must

be controlled by:

(i) Keeping the combustion zone totally sealed against

fugitive emissions;

(ii) Maintaining a combustion zone pressure lower than

atmospheric pressure; or

(iii) An alternate means of control demonstrated (with

Part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone

pressure lower than atmospheric pressure.

(e) An incinerator must be operated with a functioning

system to automatically cut off waste feed to the incinerator

when operating conditions deviate from limits established

under (a) of this subsection.

(f) An incinerator must cease operation when changes in

waste feed, incinerator design, or operating conditions

exceed limits designated in its permit.

(7) Monitoring and inspections.
Dangerous Waste Regulations 173-303-675

(6/30/09) [Ch. 173-303 WACóp. 161]

(a) The owner or operator must conduct, as a minimum,

the following monitoring while incinerating dangerous

waste:

(i) Combustion temperature, waste feed rate, and the

indicator of combustion gas velocity specified in the facility

permit must be monitored on a continuous basis;

(ii) Carbon monoxide (CO) must be monitored on a continuous basis at a point in the incinerator downstream of the

combustion zone and prior to release to the atmosphere; and

(iii) As required by the department, sampling and analysis of the waste and exhaust emissions must be conducted to

verify that the operating requirements established in the permit achieve the performance standards of subsection (4) of

this section.

(b) The incinerator and associated equipment (pumps,

valves, conveyors, pipes, etc.) must be completely inspected

at least daily for leaks, spills, fugitive emissions, and signs of

tampering. All emergency waste feed cutoff controls and system alarms must be tested at least weekly to verify proper

operation, unless the owner or operator demonstrates to the

department that weekly inspections will unduly restrict or

upset operations and that less frequent inspection will be adequate. At a minimum, emergency cutoff and alarm systems

must be tested at least monthly.

(c) This monitoring and inspection data must be recorded

and the records must be placed in the operating log required

by WAC 173-303-380(1).

(8) Closure. At closure the owner or operator must

remove all dangerous waste and dangerous waste residues

(including, but not limited to, ash, scrubber waters, and

scrubber sludges) from the incinerator site. Remaining equipment, bases, liners, soil, and debris containing or contaminated with dangerous waste or waste residues must be decontaminated or removed.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-670, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-670, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-

22-008 (Order 94-30), ß 173-303-670, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-670, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß 173-

303-670, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-670, filed

4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-670, filed 2/10/82.]

173-303-675 WAC 173-303-675 Drip pads. (1) Applicability.

(a) The requirements of this section apply to owners and

operators of facilities that use new or existing drip pads to

convey treated wood drippage, precipitation, and/or surface

water runoff to an associated collection system. Existing drip

pads are those constructed before December 6, 1990, and

those for which the owner or operator has a design and has

entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are

new drip pads. The requirement in subsection (4)(b)(iii) of

this section to install a leak collection system applies only to

those drip pads that are constructed after December 24, 1992,

except for those constructed after December 24, 1992, for

which the owner or operator has a design and has entered into

binding financial or other agreements for construction prior

to December 24, 1992.

(b) The owner or operator of any drip pad that is inside

or under a structure that provides protection from precipitation so that neither runoff nor run-on is generated is not subject to regulation under subsection (4)(e) or (f) of this section,

as appropriate.

(c) The requirements of this section are not applicable to

the management of infrequent and incidental drippage in

storage yards provided that: The owner or operator maintains

and complies with a written contingency plan that describes

how the owner or operator will respond immediately to the

discharge of such infrequent and incidental drippage. At a

minimum, the contingency plan must describe how the owner

or operator will do the following:

(i) Clean up the drippage;

(ii) Document the cleanup of the drippage;

(iii) Retain documents regarding cleanup for three years;

and

(iv) Manage the contaminated media in a manner consistent with federal regulations.

(2) Assessment of existing drip pad integrity.

(a) For each existing drip pad as defined in subsection

(1) of this section, the owner or operator must evaluate the

drip pad and determine that it meets all of the requirements of

this section, except the requirements for liners and leak detection systems of subsection (4)(b) of this section. No later than

the effective date of this rule, the owner or operator must

obtain and keep on file at the facility a written assessment of

the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results

of the evaluation. The assessment must be reviewed, updated

and recertified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of subsection (4) of this section are complete. The evaluation must document the extent to which the drip pad meets

each of the design and operating standards of subsection (4)

of this section, except the standards for liners and leak detection systems, specified in subsection (4)(b) of this section.

(b) The owner or operator must develop a written plan

for upgrading, repairing, and modifying the drip pad to meet

the requirements of subsection (4)(b) of this section, and submit the plan to the department no later than two years before

the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made

to the drip pad in sufficient detail to document compliance

with all the requirements of subsection (4) of this section.

The plan must be reviewed and certified by an independent

qualified registered professional engineer.

(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator must submit to the department, the as-built drawings for the drip pad together with a

certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the

drawings.

(d) If the drip pad is found to be leaking or unfit for use,

the owner or operator must comply with the provisions of

subsection (4)(m) of this section or close the drip pad in

accordance with subsection (6) of this section.

(3) Design and installation of new drip pads.

Owners and operators of new drip pads must ensure that

the pads are designed, installed, and operated in accordance

with one of the following:
173-303-675 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 162] (6/30/09)

(a) All of the requirements of subsections (4) of this section (except subsection (4)(a)(iv)), (5) and (6) of this section;

or

(b) All of the requirements of subsections (4) of this section (except subsection (4)(b)), (5) and (6) of this section.

(4) Design and operating requirements.

(a) Drip pads must:

(i) Be constructed of nonearthen materials, excluding

wood and nonstructurally supported asphalt;

(ii) Be sloped to free-drain treated wood drippage, rain

and other waters, or solutions of drippage and water or other

wastes to the associated collection system;

(iii) Have a curb or berm around the perimeter;

(iv)(A) Have a hydraulic conductivity of less than or

equal to 1 x 10-7 centimeters per second, for example, existing

concrete drip pads must be sealed, coated, or covered with a

surface material with a hydraulic conductivity of less than or

equal to 1 x 10-7 centimeters per second such that the entire

surface where drippage occurs or may run across is capable

of containing such drippage and mixtures of drippage and

precipitation, materials, or other wastes while being routed to

an associated collection system. This surface material must

be maintained free of cracks and gaps that could adversely

affect its hydraulic conductivity, and the material must be

chemically compatible with the preservatives that contact the

drip pad. The requirements of this provision apply only to

existing drip pads and those drip pads for which the owner or

operator elects to comply with subsection (3)(b) of this section instead of subsection (3)(a) of this section.

(B) The owner or operator must obtain and keep on file

at the facility a written assessment of the drip pad, reviewed

and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation.

The assessment must be reviewed, updated and recertified

annually. The evaluation must document the extent to which

the drip pad meets the design and operating standards of this

subsection, except for (b) of this subsection.

(v) Be of sufficient structural strength and thickness to

prevent failure due to physical contact, climatic conditions,

stress of installation, the stress of daily operations, for example, variable and moving loads such as vehicle traffic, movement of wood, etc.

Note: The department will generally consider applicable standards established by professional organizations generally

recognized by the industry such as the American Concrete

Institute (ACI) or the American Society of Testing and

Materials (ASTM) in judging the structural integrity

requirement of this subsection.

(b) If an owner/operator elects to comply with subsection (3)(a) of this section instead of subsection (3)(b) of this

section, the drip pad must have:

(i) A synthetic liner installed below the drip pad that is

designed, constructed, and installed to prevent leakage from

the drip pad into the adjacent subsurface soil or ground water

or surface water at any time during the active life (including

the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being

absorbed into the liner and to prevent releases into the adjacent subsurface soil or ground water or surface water during

the active life of the facility. The liner must be:

(A) Constructed of materials that have appropriate

chemical properties and sufficient strength and thickness to

prevent failure due to pressure gradients (including static

head and external hydrogeologic forces), physical contact

with the waste or drip pad leakage to which they are exposed,

climatic conditions, the stress of installation, and the stress of

daily operation (including stresses from vehicular traffic on

the drip pad);

(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients

above and below the liner to prevent failure of the liner due to

settlement, compression or uplift; and

(C) Installed to cover all surrounding earth that could

come in contact with the waste or leakage; and

(ii) A leakage detection system immediately above the

liner that is designed, constructed, maintained and operated

to detect leakage from the drip pad. The leakage detection

system must be:

(A) Constructed of materials that are:

(I) Chemically resistant to the waste managed in the drip

pad and the leakage that might be generated; and

(II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and

by any equipment used at the drip pad;

(B) Designed and operated to function without clogging

through the scheduled closure of the drip pad; and

(C) Designed so that it will detect the failure of the drip

pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.

(iii) A leakage collection system immediately above the

liner that is designed, constructed, maintained and operated

to collect leakage from the drip pad such that it can be

removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must

be documented in the operating log.

(c) Drip pads must be maintained such that they remain

free of cracks, gaps, corrosion, or other deterioration that

could cause hazardous waste to be released from the drip pad.

Note: See subsection (4)(m) of this section for remedial action

required if deterioration or leakage is detected.

(d) The drip pad and associated collection system must

be designed and operated to convey, drain, and collect liquid

resulting from drippage or precipitation in order to prevent

runoff.

(e) Unless protected by a structure, as described in subsection (1)(b) of this section, the owner or operator must

design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak

discharge from at least a twenty-four-hour, twenty-five-year

storm, unless the system has sufficient excess capacity to

contain any runoff that might enter the system.

(f) Unless protected by a structure or cover as described

in subsection (1)(b) of this section, the owner or operator

must design, construct, operate and maintain a runoff management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year

storm.

(g) The drip pad must be evaluated to determine that it

meets the requirements of (a) through (f) of this subsection

and the owner or operator must obtain a statement from an
Dangerous Waste Regulations 173-303-675

(6/30/09) [Ch. 173-303 WACóp. 163]

independent, qualified registered professional engineer certifying that the drip pad design meets the requirements of this

section.

(h) Drippage and accumulated precipitation must be

removed from the associated collection system as necessary

to prevent overflow onto the drip pad.

(i) The drip pad surface must be cleaned thoroughly in a

manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues

being properly managed as hazardous waste, so as to allow

weekly inspections of the entire drip pad surface without

interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or

operator must document the date and time of each cleaning

and the cleaning procedure used in the facility's operating

log. The owner/operator must determine if the residues are

dangerous under WAC 173-303-070 and, if so, must manage

them under this chapter.

(j) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous

waste constituents off the drip pad as a result of activities by

personnel or equipment.

(k) After being removed from the treatment vessel,

treated wood from pressure and nonpressure processes must

be held on the drip pad until drippage has ceased. The owner

or operator must maintain records sufficient to document that

all treated wood is held on the drip pad following treatment in

accordance with this requirement.

(l) Collection and holding units associated with run-on

and runoff control systems must be emptied or otherwise

managed as soon as possible after storms to maintain design

capacity of the system.

(m) Throughout the active life of the drip pad and as

specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably

prompt period of time following discovery, in accordance

with the following procedures:

(i) Upon detection of a condition that may have caused

or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or

operator must:

(A) Enter a record of the discovery in the facility operating log;

(B) Immediately remove the portion of the drip pad

affected by the condition from service;

(C) Determine what steps must be taken to repair the drip

pad and clean up any leakage from below the drip pad, and

establish a schedule for accomplishing the repairs;

(D) Within twenty-four hours after discovery of the condition, notify the department of the condition and, within ten

working days, provide written notice to the department with

a description of the steps that will be taken to repair the drip

pad and clean up any leakage, and the schedule for accomplishing this work.

(ii) The department will review the information submitted, make a determination regarding whether the pad must be

removed from service completely or partially until repairs

and cleanup are complete and notify the owner or operator of

the determination and the underlying rationale in writing.

(iii) Upon completing all repairs and cleanup, the owner

or operator must notify the department in writing and provide

a certification signed by an independent, qualified registered

professional engineer, that the repairs and cleanup have been

completed according to the written plan submitted in accordance with (m)(i)(D) of this subsection.

(n) Should a permit be necessary, the department will

specify in the permit all design and operating practices that

are necessary to ensure that the requirements of this section

are satisfied.

(o) The owner or operator must maintain, as part of the

facility operating log, documentation of past operating and

waste handling practices. This must include identification of

preservative formulations used in the past, a description of

drippage management practices, and a description of treated

wood storage and handling practices.

(5) Inspections.

(a) During construction or installation, liners and cover

systems (e.g., membranes, sheets, or coatings) must be

inspected for uniformity, damage and imperfections (e.g.,

holes, cracks, thin spots, or foreign materials). Immediately

after construction or installation, liners must be inspected and

certified as meeting the requirements of subsection (4) of this

section by an independent qualified, registered professional

engineer. This certification must be maintained at the facility

as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and

joints and the absence of tears, punctures, or blisters.

(b) While a drip pad is in operation, it must be inspected

weekly and after storms to detect evidence of any of the following:

(i) Deterioration, malfunctions or improper operation of

run-on and runoff control systems;

(ii) The presence of leakage in and proper functioning of

leak detection system;

(iii) Deterioration or cracking of the drip pad surface.

Note: See subsection (4)(m) of this section for remedial action

required if deterioration or leakage is detected.

(6) Closure.

(a) At closure, the owner or operator must remove or

decontaminate all waste residues, contaminated containment

system components (pad, liners, etc.), contaminated subsoils,

and structures and equipment contaminated with waste and

leakage, and manage them as hazardous waste.

(b) If, after removing or decontaminating all residues

and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures,

and equipment as required in (a) of this subsection, the owner

or operator finds that not all contaminated subsoils can be

practicably removed or decontaminated, he must close the

facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills

(WAC 173-303-665(6)). For permitted units, the requirement

to have a permit continues throughout the post-closure

period. In addition, for the purpose of closure, post-closure,

and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator must meet all of

the requirements for landfills specified in WAC 173-303-610

and 173-303-620.
173-303-680 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 164] (6/30/09)

(c)(i) The owner or operator of an existing drip pad, as

defined in subsection (1) of this section, that does not comply

with the liner requirements of subsection (4)(b)(i) of this section must:

(A) Include in the closure plan for the drip pad under

WAC 173-303-610(3), both a plan for complying with (a) of

this subsection and a contingent plan for complying with (b)

of this subsection in case not all contaminated subsoils can be

practicably removed at closure; and

(B) Prepare a contingent post-closure plan under WAC

173-303-610(8) for complying with (b) of this subsection in

case not all contaminated subsoils can be practicably

removed at closure.

(ii) The cost estimates calculated under WAC 173-303-

610 and 173-303-620 for closure and post-closure care of a

drip pad subject to this subsection must include the cost of

complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost

of expected closure under (a) of this subsection.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-675, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-675, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-675, filed 10/19/95, effective 11/19/95.]

173-303-680 WAC 173-303-680 Miscellaneous units. (1) Applicability. The requirements of this section apply to owners and

operators of facilities that treat, store, or dispose of dangerous

waste in miscellaneous units, except as WAC 173-303-600

provides otherwise.

(2) Environmental performance standards. A miscellaneous unit must be located, designed, constructed, operated,

maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as

necessary to protect human health and the environment,

including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements,

and requirements for responses to releases of dangerous

waste or dangerous constituents from the unit. Permit terms

and provisions must include those requirements in WAC

173-303-630 through 173-303-670, 40 CFR Subparts AA

through CC, which are incorporated by reference at WAC

173-303-690 through 173-303-692, WAC 173-303-800

through 173-303-806, part 63 subpart EEE (which is incorporated by reference at WAC 173-400-075 (5)(a)), and 40 CFR

Part 146 that are appropriate for the miscellaneous units

being permitted. Protection of human health and the environment includes, but is not limited to:

(a) Prevention of any releases that may have adverse

effects on human health or the environment due to migration

of wastes constituents in the ground water or subsurface environment, considering:

(i) The volume and physical and chemical characteristics

of the waste in the unit, including its potential for migration

through soil, liners, or other containing structures;

(ii) The hydrologic and geologic characteristics of the

unit and the surrounding area;

(iii) The existing quality of ground water, including

other sources of contamination and their cumulative impact

on the ground water;

(iv) The quantity and direction of ground water flow;

(v) The proximity to and withdrawal rates of current and

potential ground water users;

(vi) The patterns of land use in the region;

(vii) The potential for deposition or migration of waste

constituents into subsurface physical structures, and into the

root zone of food-chain crops and other vegetation;

(viii) The potential for health risks caused by human

exposure to waste constituents; and

(ix) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by

exposure to waste constituents.

(b) Prevention of any release that may have adverse

effects on human health or the environment due to migration

of waste constituents in surface water, or wetlands or on the

soil surface considering:

(i) The volume and physical and chemical characteristics

of the waste in the unit;

(ii) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing

migration;

(iii) The hydrologic characteristics of the unit and the

surrounding area, including the topography of the land

around the unit;

(iv) The patterns of precipitation in the region;

(v) The quantity, quality, and direction of ground water

flow;

(vi) The proximity of the unit to surface waters;

(vii) The current and potential uses of nearby surface

waters and any water quality standards established for those

surface waters;

(viii) The existing quality of surface waters and surface

soils, including other sources of contamination and their

cumulative impact on surface waters and surface soils;

(ix) The patterns of land use in the region;

(x) The potential for health risks caused by human exposure to waste constituents; and

(xi) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by

exposure to waste constituents.

(c) Prevention of any release that may have adverse

effects on human health or the environment due to migration

of waste constituents in the air, considering:

(i) The volume and physical and chemical characteristics

of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates;

(ii) The effectiveness and reliability of systems and

structures to reduce or prevent emissions of dangerous constituents to the air;

(iii) The operating characteristics of the unit;

(iv) The atmospheric, meteorologic, and topographic

characteristics of the unit and the surrounding area;

(v) The existing quality of the air, including other

sources of contamination and their cumulative impact on the

air;

(vi) The potential for health risks caused by human exposure to waste constituents; and

(vii) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by

exposure to waste constituents.

(3) Monitoring, analysis, inspection, response, reporting,

and corrective action. Monitoring, testing, analytical data,
Dangerous Waste Regulations 173-303-691

(6/30/09) [Ch. 173-303 WACóp. 165]

inspections, response, and reporting procedures and frequencies must ensure compliance with subsection (2) of this section, WAC 173-303-320, 173-303-340(1), 173-303-390, and

173-303-64620 as well as meet any additional requirements

needed to protect human health and the environment as specified in the permit.

(4) Post-closure care. A miscellaneous unit that is a disposal unit must be maintained in a manner that complied with

subsection (2) of this section during the post-closure care

period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely

removed or decontaminated during closure, then that unit

must also meet the requirements of subsection (2) of this section during post-closure care. The post-closure plan under

WAC 173-303-610(8) must specify the procedures that will

be used to satisfy this requirement.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-680, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-680, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-

008 (Order 94-30), ß 173-303-680, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-680, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-680,

filed 3/7/91, effective 4/7/91.]

173-303-690 WAC 173-303-690 Air emission standards for process vents. (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 for 40 CFR 264.1034 (d) and (e), this section

applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or

steam stripping operations that manage hazardous wastes

with organic concentrations of at least 10 ppmw, if these

operations are conducted 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(1) (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(1) (that is, a "ninety-day" tank

or container) and is not a recycling unit under the provisions

of WAC 173-303-120.

(c) For the owner and operator of a facility subject to this

section and who received a final hazardous waste permit prior

to December 6, 1996, the requirements of this section must 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). Until such date when the owner and operator receive a final permit incorporating the requirements of

this section, the owner and operator are subject to the requirements of 40 CFR 265 Subpart AA.

Note: The requirements of 40 CFR Parts 264.1032 through

264.1036 apply to process vents on 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.

(d) The requirements of this section do not apply to the

process vents at a facility where the facility owner or operator

certifies that all of the process vents that would otherwise be

subject to this section are equipped with and operating air

emission controls in accordance with the process vent

requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. The documentation of compliance under regulations at 40 CFR Part 60,

Part 61, or Part 63 must be kept with, or made readily available with, the facility operating record.

(2) 40 CFR 264.1031 through 1036 (Subpart AA) is

incorporated by reference.

Note: Where the incorporated language refers to 264.1030, refer

to subsection (1) of this section. 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), ß 173-303-690, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 173-303-690, 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), ß 173-303-690, filed 5/10/00, effective 6/10/00.

Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order

94-30), ß 173-303-690, filed 10/19/95, effective 11/19/95.]

173-303-691

WAC 173-303-691 Air emission standards for equipment leaks. (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 CFR 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(1) (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(1) (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 CFR 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 CFR 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 CFR 264.1052 through

264.1065, the owner or operator is subject to the requirements of 40 CFR 265, Subpart BB, which is incorporated by

reference at WAC 173-303-400 (3)(a).
173-303-692 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 166] (6/30/09)

(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 CFR 264.1052 to 264.1060 if it is

identified as required in 40 CFR 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 CFR Parts 264.1052

through 264.1060 if it is identified, as required in 40 CFR

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 CFR part 63, subpart IIII, are not subject to the requirements of this section.

Note: The requirements of 40 CFR 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 CFR 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), ß 173-303-691, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 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), ß 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), ß 173-303-691, filed 10/19/95, effective 11/19/95.]

173-303-692 WAC 173-303-692 Air emission standards for tanks,

surface impoundments, and containers. (1) Applicability.

(a) The requirements of 40 CFR 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 CFR 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 onsite 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 CFR 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 CFR Part

264.1084(i), except as provided in 40 CFR Part 264.1082

(c)(5).

(viii) A tank that has a process vent as defined in 40 CFR

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 CFR 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 CFR Part 265 Subpart CC,

which is incorporated by reference at WAC 173-303-400

(3)(a).

(d) The requirements of 40 CFR Part 264 Subpart CC,

except for the recordkeeping requirements specified in 40

CFR 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 óOóOó

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 CFR Part 264.1089(i)

explaining why an undue safety hazard would be created if

air emission controls specified in 40 CFR Parts 264.1084

through 264.1087 are installed and operated on the tanks and
Dangerous Waste Regulations 173-303-693

(6/30/09) [Ch. 173-303 WACóp. 167]

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 CFR 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 CFR Part 264 Subpart CC

to the following parts are incorporated by reference: 40

CFR Parts 60, 61, and 63. This includes Method 25E - Determination of Vapor Phase Organic Concentration in Waste

Samples at 40 CFR Part 60 Appendix A.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-692, filed 6/30/09, effective 7/31/09; 03-07-049

(Order 02-03), ß 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), ß 173-303-692, filed 5/10/00, effective 6/10/00.]

173-303-693 WAC 173-303-693 Dangerous waste munitions and

explosives storage. (1) Applicability. The requirements of

this section apply to owners or operators who store munitions

and explosive dangerous wastes, except as WAC 173-303-

600(3) provides otherwise. (NOTE: Depending on explosive

hazards, dangerous waste munitions and explosives may also

be managed in other types of storage units, including containment buildings (WAC 173-303-695), tanks (WAC 173-303-

640), or containers (WAC 173-303-630). See WAC 173-303-

578(4) for storage of waste military munitions.)

(2) Design and operating standards.

(a) Dangerous waste munitions and explosives storage

units must be designed and operated with containment systems, controls, and monitoring, that:

(i) Minimize the potential for detonation or other means

of release of dangerous waste, dangerous constituents, dangerous decomposition products, or contaminated runoff, to

the soil, ground water, surface water, and atmosphere;

(ii) Provide a primary barrier, which may be a container

(including a shell) or tank, designed to contain the dangerous

waste;

(iii) For wastes stored outdoors, provide that the waste

and containers will not be in standing precipitation;

(iv) For liquid wastes, provide a secondary containment

system that assures that any released liquids are contained

and promptly detected and removed from the waste area, or

vapor detection system that assures that any released liquids

or vapors are promptly detected and an appropriate response

taken (for example, additional containment, such as overpacking, or removal from the waste area); and

(v) Provide monitoring and inspection procedures that

assure the controls and containment systems are working as

designed and that releases that may adversely impact human

health or the environment are not escaping from the unit.

(b) Dangerous waste munitions and explosives stored in

accordance with this section may be stored in one of the following:

(i) Earth-covered magazines. Earth-covered magazines

must be:

(A) Constructed of waterproofed, reinforced concrete or

structural steel arches, with steel doors that are kept closed

when not being accessed;

(B) Designed and constructed:

(I) To be of sufficient strength and thickness to support

the weight of any explosives or munitions stored and any

equipment used in the unit;

(II) To provide working space for personnel and equipment in the unit; and

(III) To withstand movement activities that occur in the

unit; and

(C) Located and designed, with walls and earthen covers

that direct an explosion in the unit in a safe direction, so as to

minimize the propagation of an explosion to adjacent units

and to minimize other effects of any explosion.

(ii) Above-ground magazines. Above-ground magazines

must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other

effects of any explosion.

(iii) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize the

propagation of an explosion to adjacent units and to minimize

other effects of any explosion.

(c) Dangerous waste munitions and explosives must be

stored in accordance with a standard operating procedure

specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same purpose

as the security and inspection requirements of WAC 173-

303-310, the preparedness and prevention procedures of

WAC 173-303-340, and the contingency plan and emergency

procedures requirements of WAC 173-303-350, then these

procedures will be used to fulfill those requirements.

(d) Dangerous waste munitions and explosives must be

packaged to ensure safety in handling and storage.

(e) Dangerous waste munitions and explosives must be

inventoried at least annually.

(f) Dangerous waste munitions and explosives and their

storage units must be inspected and monitored as necessary

to ensure explosives safety and to ensure that there is no

migration of contaminants out of the unit.

(3) Closure and post-closure care.

(a) At closure of a magazine or unit that stored dangerous waste in accordance with this section, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated

subsoils, and structures and equipment contaminated with

waste, and manage them as dangerous waste. The closure

plan, closure activities, cost estimates for closure, and financial responsibility for magazines or units must meet all of the

requirements specified in WAC 173-303-610 and 173-303-

620, except that the owner or operator may defer closure of

the unit as long as it remains in service as a munitions or

explosives magazine or storage unit.
173-303-695 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 168] (6/30/09)

(b) If, after removing or decontaminating all residues

and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures,

and equipment as required in (a) of this subsection, the owner

or operator finds that not all contaminated subsoils can be

practicably removed or decontaminated, he or she must close

the facility and perform post-closure care in accordance with

the closure and post-closure requirements that apply to landfills (WAC 173-303-665(6)).

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-693, filed 5/10/00, effective 6/10/00.]

173-303-695 WAC 173-303-695 Containment buildings. The

requirements for containment buildings at 40 CFR Part 264

Subpart DD are incorporated by reference. The words

"regional administrator" will mean "department." The sentence at 40 CFR 264.1101 (c)(2) is modified by changing

"qualified Professional Engineer" to "independent qualified

registered professional engineer."

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-695, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-695, filed 10/19/95, effective 11/19/95.]

173-303-700 WAC 173-303-700 Requirements for the Washington state extremely hazardous waste management facility

at Hanford. (1) Purpose and applicability. The purpose of

this section is to set forth the requirements for the Washington EHW management (EHWM) facility located at Hanford,

Washington. It is the only facility within the state that is

allowed under law to dispose of EHW (RCW 70.105.050).

(2) Waste acceptance at Hanford.

(a) The state operator will accept EHW for treatment,

storage, or disposal when:

(i) The waste has been specified in the state operator's

permit as not requiring prior approval from the department

and the state operator sends a copy of each written request for

disposal of waste at the EHWM facility to the department,

not later than one week after receiving the request; or

(ii) If the waste has not been specified in the state operator's permit, then the department provides written approval

that the waste may be accepted at the EHWM facility.

Notices of approval or disapproval will be provided as soon

as possible, but not later than 15 days, after the state operator

has notified the department. Written approval from the

department is not required in emergencies, as specified; and

(iii) The generator has obtained prior written approval

for waste acceptance from the state operator;

(iv) The waste is accompanied by a manifest specified in

the generator requirements of WAC 173-303-180, Manifest;

and

(v) Waste containers meet the labeling and container

condition requirements of WAC 173-303-190.

(b) The state operator may accept DW, as defined in this

regulation, for storage, treatment, or disposal when:

(i) All the conditions of EHW acceptance, (a) of this subsection, are met;

(ii) The generator and/or operator shows that no other

permitted TSD facility in the state will handle such DW. The

generator and/or operator must refer to:

(A) County or municipal ordinances or solid waste permits forbidding DW disposal at nearby sites;

(B) The EHWM site being the shortest economical haul

distance where other remotely located, DW sites may be

available; and

(C) Specific rejection or disapproval, in writing, by

nearby DW site operators, public or private; and

(iii) The EHWM facility is designed to handle such a

request or can be modified to the extent necessary to adequately dispose of the waste.

(c) The state operator, after consulting with the department, may refuse to accept any waste that does not meet the

requirements of the acceptance procedures of this subsection

until the facts are ascertained, including but not limited to:

(i) The requirement that samples of waste be taken and

analyzed; or

(ii) The condition of the containers by physical inspection of the delivery load.

(d) The state operator may accept dangerous waste under

emergency conditions if:

(i) An emergency and potential threat to the public health

and safety exists;

(ii) The state operator notifies the department as soon as

possible;

(iii) The state operator stores the waste upon delivery

until the full manifest has been received and approved by the

department; and

(iv) The generator is fully apprised that the waste

remains his liability until approved under (d)(iii) of this subsection.

(3) Other applicable requirements. The EHWM facility

at Hanford must meet all other requirements of chapter 173-

303 WAC, including specific requirements for storage, treatment, transfer and disposal of EHW, and siting, performance,

and operation of facilities. The EHWM facility must also

meet the following requirements:

(a) The state operator must not remove any dangerous

waste from the facility without the department's approval;

(b) The state operator must maintain facilities for telephone and radio contact with the Hanford Reservation security patrol, and include this information with the contingency

plan required in WAC 173-303-350;

(c) As a minimum, the state operator must provide personnel having knowledge and background in the following

areas:

(i) Inspecting and checking manifests for completeness

and accuracy;

(ii) Applied chemistry as it relates to reactivity, explosiveness, and flammability; and

(iii) Industrial hygiene and/or toxicology of industrial,

commercial, and agricultural chemicals, and emergency procedures;

(d) The state operator must ensure that new personnel

have a complete physical examination and annual checkups

thereafter. The physician should be alerted to the kinds of

materials the employee has been handling, so that more specific analyses can be made. The medical records must be

made a part of the state operator's records as required in

WAC 173-303-380(1); and

(e) The state operator must submit copies of all fee

schedules to the department for yearly review and approval.
Dangerous Waste Regulations 173-303-800

(6/30/09) [Ch. 173-303 WACóp. 169]

The state operator must supply, and the department will use,

the following criteria to review such disposal fees:

(i) Their relationship to other fees charged for similar

services;

(ii) Reasonable return on investment and profit for the

operator; and

(iii) The cost of administration, development, operation,

maintenance, and perpetual management of the EHW facility, including administrative costs and perpetual management

costs of the department.

(4) Department surveillance.

(a) In addition to the reports required under WAC 173-

303-390, facility reports, the EHWM facility operator must

report the following to the department:

(i) Copies of all environmental sampling results during

the previous quarter;

(ii) Telephone and written accounts of any accidents or

emergencies requiring action under WAC 173-303-360; and

(iii) Complete financial reports during the previous year.

(b) The state operator must admit the department's duly

authorized representative to inspect the site at any reasonable

hour of the day. Inspection may cover any of the following:

(i) The site and facilities;

(ii) The waste being delivered, stored, processed, or buried, including the taking of samples, a portion of each sample

being given to the operator upon his request;

(iii) The environment, by the drilling of test wells and

obtaining of samples; and

(iv) Any records, reports, information, or test results

relating to the purpose of this regulation.

The inspection results will be written, filed with the

department, and a copy made available to the state operator.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-700, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 173-303-

700, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-700, filed 2/10/82.]

173-303-800 WAC 173-303-800 Permit requirements for dangerous waste management facilities. (1) The purpose of WAC

173-303-800 through 173-303-840 is to establish the requirements for permits which will allow a dangerous waste facility

to operate without endangering the public health and the

environment.

(2) The owner/operator of a dangerous waste facility that

transfers, treats, stores, or disposes (TSD) or recycles dangerous waste must, when required by this chapter, obtain a permit in accordance with WAC 173-303-800 through 173-303-

840 covering the active life, closure period, ground water

protection compliance period, and for any regulated unit (as

defined in WAC 173-303-040) or for any facility which at

closure does not meet the removal or decontamination limits

of WAC 173-303-610 (2)(b), post-closure care period, unless

they demonstrate closure by removal or decontamination as

provided under WAC 173-303-800 (9) and (10). If a post-closure permit is required, the permit must address applicable

ground water monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements of this

chapter. The denial of a permit for the active life of a dangerous waste management facility or unit does not affect the

requirement to obtain a post-closure permit under this section.

(3) TSD facility permits will be granted only if the objectives of the siting and performance standards set forth in

WAC 173-303-282 and 173-303-283 are met.

(4) Permits will be issued according to the requirements

of all applicable TSD facility standards.

(5) The owner/operator of a TSD facility is responsible

for obtaining all other applicable federal, state, and local permits authorizing the development and operation of the TSD

facility.

(6) The terms used in regard to permits which are not

defined in WAC 173-303-040 have the same meanings as set

forth in 40 CFR 270.2.

(7) Exemptions.

(a) A permit for an on-site cleanup action may be

exempted as provided in a consent decree or order signed by

the department and issued pursuant to chapter 70.105D

RCW.

(b) A permit is not required for an on-site cleanup action

performed by the department pursuant to chapter 70.105D

RCW.

(c) Further exemptions.

(i) A person is not required to obtain a dangerous waste

permit for treatment or containment activities taken during

immediate response to any of the following situations:

(A) A discharge of a dangerous waste;

(B) An imminent and substantial threat of a discharge of

dangerous waste;

(C) A discharge of a material that, when discharged,

becomes a dangerous waste;

(D) An immediate threat to human health, public safety,

property, or the environment from the known or suspected

presence of military munitions, other explosive material, or

an explosive device, as determined by an explosive or munitions emergency response specialist as defined in WAC 173-

303-040.

(E) In the case of emergency responses involving military munitions, the responding military emergency response

specialist's organizational unit must retain records for three

years identifying the dates of the response, the responsible

persons responding, the type and description of material

addressed, and its disposition.

(ii) Any person who continues or initiates dangerous

waste treatment or containment activities after the immediate

response is over is subject to all applicable requirements of

this chapter for those activities.

(iii) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the

wastes listed below are not required to obtain a dangerous

waste permit. These handlers are subject to regulation under

WAC 173-303-573, when handling the below listed universal

wastes.

(A) Batteries as described in WAC 173-303-573(2);

(B) Mercury-containing equipment as described in WAC

173-303-573(3); and

(C) Lamps as described in WAC 173-303-573(5).

(8) Each permit issued under this chapter will contain

terms and conditions as the department determines necessary

to protect human health and the environment.
173-303-801 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 170] (6/30/09)

(9) Closure by removal. Owners/operators of surface

impoundments, land treatment units, and waste piles closing

by removal or decontamination under 40 CFR Part 265 standards as referenced by WAC 173-303-400 must obtain a

post-closure permit unless they can demonstrate to the

department that the closure met the standards for closure by

removal or decontamination in WAC 173-303-650(6), 173-

303-655(8), or 173-303-660(9), as appropriate, and such

removal or decontamination must assure that the levels of

dangerous waste or dangerous waste constituents or residues

do not exceed standards for closure at 40 CFR Part 264.111,

as appropriate. The demonstration may be made in the following ways:

(a) If the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may

request a determination, based on information contained in

the application, that 40 CFR Part 264.111 standards for closure by removal were met. If the department believes that 40

CFR Part 264.111 standards were met, the department will

notify the public of this proposed decision, allow for public

comment, and reach a final determination according to the

procedures in subsection (10) of this section.

(b) If the owner/operator has not submitted a Part B

application for a post-closure permit, the owner/operator may

petition the department for a determination that a post-closure permit is not required because the closure met the applicable 40 CFR Part 264.111 closure standards.

(i) The petition must include data demonstrating that

standards for closure by removal or decontamination were

met, or it must demonstrate that the unit closed under chapter

173-303 WAC requirements that met or exceeded the applicable 40 CFR Part 264.111 closure-by-removal standard.

(ii) The department will approve or deny the petition

according to the procedures outline in subsection (10) of this

section.

(10) Procedures for closure equivalency determination.

(a) If a facility owner/operator seeks an equivalency

demonstration under subsection (9) of this section, the

department will provide the public, through a newspaper

notice, the opportunity to submit written comments on the

information submitted by the owner/operator within thirty

days from the date of the notice. The department will also, in

response to a request or at the discretion of the department,

hold a public hearing whenever such a hearing might clarify

one or more issues concerning the equivalence of the 40 CFR

Part 265 closure, as referenced by WAC 173-303-400, to a 40

CFR Part 264.111 closure. The department will give public

notice of the hearing at least thirty days before it occurs.

(Public notice of the hearing may be given at the same time as

notice of the opportunity for the public to submit written

comments, and the two notices may be combined.)

(b) The department will determine whether the 40 CFR

Part 265 closure met 40 CFR Part 264.111 closure by

removal or decontamination requirements within ninety days

of its receipt. If the department finds that the closure did not

meet the applicable 40 CFR Part 264.111 standards, the

department will provide the owner/operator with a written

statement of the reasons why the closure failed to meet 40

CFR Part 264.111 standards. The owner/operator may submit additional information in support of an equivalency demonstration within thirty days after receiving such written

statement. The department will review any additional information submitted and make a final determination within sixty

days.

(c) If the department determines that the facility did not

close in accordance with 40 CFR Part 264.111 standards for

closure by removal, the facility is subject to post-closure permitting requirements.

(11) The department may require a permittee or an applicant to submit information in order to establish permit conditions under subsection (8) of this section and WAC 173-303-

806 (11)(d).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-800, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-800, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-800, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-800, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-800, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-800, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-800,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

88-18-083 (Order 88-29), ß 173-303-800, filed 9/6/88; 88-07-039 (Order 87-

37), ß 173-303-800, filed 3/11/88; 84-09-088 (Order DE 83-36), ß 173-303-

800, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-800, filed 2/10/82.]

173-303-801 WAC 173-303-801 Types of dangerous waste management facility permits. The following types of permits

may be issued by the department to carry out the purpose of

this regulation.

(1) Permits by rule:

(a) Ocean disposal - See WAC 173-303-802(2);

(b) Underground injection wells - See WAC 173-303-

802(3);

(c) Publicly owned treatment works - See WAC 173-

303-802(4); and

(d) Totally enclosed treatment facilities and elementary

neutralization and wastewater treatment units - See WAC

173-303-802(5).

(2) Emergency permits - See WAC 173-303-804.

(3) Interim status permits - See WAC 173-303-805.

(4) Final facility permits:

(a) Final status TSD permits - See WAC 173-303-806;

and

(b) Recycling permits - See WAC 173-303-806.

(5) Trial burns for dangerous waste incinerator final

facility permits - See WAC 173-303-807.

(6) Demonstrations for dangerous waste land treatment

final facility permits - See WAC 173-303-808.

(7) Research, development, and demonstration permits -

See WAC 173-303-809.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-801, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

801, filed 6/26/87; 84-09-088 (Order DE 83-36), ß 173-303-801, filed

4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-

05-023 (Order DE 81-33), ß 173-303-801, filed 2/10/82.]

173-303-802 WAC 173-303-802 Permits by rule. (1) Purpose and

applicability. This section provides for permit by rule for particular facilities and activities managing dangerous wastes,

provided that certain conditions are met. These facilities,
Dangerous Waste Regulations 173-303-802

(6/30/09) [Ch. 173-303 WACóp. 171]

activities, and conditions are listed in this section. Owners

and operators of facilities with permits by rule are not

required to submit an application for a dangerous waste facility permit.

(2) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts dangerous waste

for ocean disposal, will have a permit by rule if the owner or

operator:

(a) Has a permit for ocean dumping issued under 40 CFR

Part 220 (Ocean Dumping, authorized by the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C.

ß1420 et seq.);

(b) Complies with the conditions of that permit; and

(c) Complies with the following dangerous waste regulations:

(i) WAC 173-303-060, notification and identification

numbers;

(ii) WAC 173-303-170 through 173-303-230 when initiating shipments of dangerous waste;

(iii) WAC 173-303-370, manifest system;

(iv) WAC 173-303-380 (1)(a), operating record;

(v) WAC 173-303-390(2), annual report; and

(vi) WAC 173-303-390(1), unmanifested waste report.

(3) Underground injection wells. Underground injection

wells with an underground injection control (UIC) permit for

underground injection will have a permit by rule if the owner

or operator has a UIC permit issued by the department under

a federally approved program for underground injection control, and complies with the conditions of the permit and

requirements of 40 CFR 144.14 and applicable state waste

discharge rules. For UIC permits issued after November 8,

1984, the owner or operator must comply with WAC 173-

303-64620, corrective action for solid waste management

units; and where the UIC well is the only unit at a facility

which requires a RCRA permit, complies with WAC 173-

303-806 (4)(a)(xxiii). All underground injection wells must

comply with WAC 173-303-060, notification and identification numbers. However, underground injection wells disposing of EHW are prohibited.

(4) Publicly owned treatment works (POTW). The

owner or operator of a POTW which accepts dangerous waste

for treatment, will have a permit by rule if the owner or operator:

(a) Has a National Pollutant Discharge Elimination System (NPDES) permit;

(b) Complies with the conditions of that permit;

(c) Complies with the following regulations:

(i) WAC 173-303-060, notification and identification

numbers;

(ii) WAC 173-303-170 through 173-303-230 when initiating shipments of dangerous waste;

(iii) WAC 173-303-283, performance standards;

(iv) WAC 173-303-370, manifest system;

(v) WAC 173-303-380 (1)(a), operating record;

(vi) WAC 173-303-390(2), annual report; 

(vii) WAC 173-303-390(1), unmanifested waste reports;

and

(viii) For NPDES permits issued after November 8,

1984, WAC 173-303-64620, corrective action for solid waste

management units;

(d) Accepts the waste only if it meets all federal, state,

and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW

through a sewer, pipe, or similar conveyance; and

(e) Accepts no EHW for disposal at the POTW.

(5) Totally enclosed treatment facilities or elementary

neutralization or wastewater treatment units.

(a) The owner or operator of a totally enclosed treatment

facility or an elementary neutralization unit that treats stateonly dangerous wastes generated on or off site, or federally

regulated hazardous waste generated on-site, or a wastewater

treatment unit that treats dangerous wastes generated on or

offsite, will have a permit by rule, subject to limitations in (b)

and (c) of this subsection, if they:

(i) Have an NPDES permit, state waste discharge permit,

pretreatment permit (or written discharge authorization from

the local sewerage authority) issued by the department, or

pretreatment permit (or written discharge authorization) from

a local sewage utility delegated pretreatment program

responsibilities pursuant to RCW 90.48.165, and the permit

or authorization covers the waste stream and constituents

being discharged;

(ii) Include the wastestream as a source of wastewater in

the application and provide an estimate of flow, the chemical

characteristics of the wastestream, whether it is a batch vs.

continuous discharge, and the treatment that it will receive;

(iii) Comply with the conditions of that permit;

(iv) Comply with the following regulations:

(A) WAC 173-303-060, notification and identification

numbers;

(B) WAC 173-303-070, designation of dangerous waste;

(C) WAC 173-303-283, performance standards;

(D) WAC 173-303-300, general waste analysis;

(E) WAC 173-303-310, security;

(F) WAC 173-303-350, contingency plan and emergency procedures;

(G) WAC 173-303-360, emergencies;

(H) WAC 173-303-370, manifest system;

(I) WAC 173-303-380 (1)(d), operating record, and

WAC 173-303-380 (1)(a) when the owner or operator of a

wastewater treatment unit is treating federally regulated

wastewaters generated offsite;

(J) WAC 173-303-390, facility reporting.

(b) The owner or operator of a wastewater treatment unit

may treat dangerous wastewater received from off site provided the wastewater is generated within the same industry

and the wastewaters will be effectively treated by the wastewater treatment unit, if:

 The owner or operator complies with (a)(i) through (iv)

of this subsection.

(c) The department may require the owner or operator of

a totally enclosed treatment facility or an elementary neutralization or wastewater treatment unit subject to (a) or (b) of

this subsection to apply for and obtain a final facility permit

or a permit modification in accordance with WAC 173-303-

800 through 173-303-840, if:

(i) The owner or operator violates the general facility or

performance requirements specified in (a) of this subsection;

(ii) The owner or operator is conducting other activities

which require him to obtain a final facility permit;
173-303-803 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 172] (6/30/09)

(iii) The department determines that the general facility

or performance requirements specified in (a) of this subsection, are not sufficient to protect public health or the environment and that additional requirements under this chapter are

necessary to provide such protection; or

(iv) The owner or operator does not comply with applicable local, state or federal requirements established pursuant

to sections 402 or 307(b) of the Federal Clean Water Act, or

chapter 90.48 RCW.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-802, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-802, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-802, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-802, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-802,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

88-18-083 (Order 88-29), ß 173-303-802, filed 9/6/88; 88-07-039 (Order 87-

37), ß 173-303-802, filed 3/11/88; 87-14-029 (Order DE-87-4), ß 173-303-

802, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-802, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-802, filed 4/18/84.]

173-303-803 WAC 173-303-803 Permit application requirements.

(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 CFR 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 CFR Part 266 Subpart H

40 CFR, 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;
Dangerous Waste Regulations 173-303-805

(6/30/09) [Ch. 173-303 WACóp. 173]

(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 CFR 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 CFR 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 CFR 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), ß 173-303-803, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-803, filed 5/10/00, effective

6/10/00.]

173-303-804 WAC 173-303-804 Emergency permits. Requirements

for an emergency permit. In the event the department finds

that an imminent and substantial endangerment to human

health or the environment exists, the department may issue a

temporary emergency permit to a facility to allow treatment,

storage, or disposal (TSD) of dangerous waste at a nonpermitted facility, or at a facility covered by an effective permit

that does not otherwise allow treatment, storage, or disposal

of such dangerous waste. Notice of the issuance of an emergency permit will be given to the fire marshal, police department, and other local emergency service agencies with jurisdiction near the location of the facility. The emergency permit:

(1) May be oral or written. If oral, it will be followed

within five days by a written emergency permit;

(2) Will not exceed ninety days in duration for dangerous

wastes;

(3) Will not exceed one hundred eighty days in duration

for special waste;

(4) Will clearly specify the dangerous wastes to be

received, and the manner and location of their treatment, storage, or disposal;

(5) May be terminated by the department at any time

without following the decision making procedures of WAC

173-303-840 if the department determines that termination is

appropriate to protect public health and the environment;

(6)(a) Will be accompanied by a public notice published

under WAC 173-303-840 (3)(d) that includes:

(i) The name and address of the department;

(ii) The name and location of the permitted TSD facility;

(iii) A brief description of the wastes involved;

(iv) A brief description of the action authorized and reasons for authorizing it; and

(v) The duration of the emergency permit; and

(b) Will be given public notice by:

(i) Publication in a daily newspaper within the area

affected;

(ii) By radio broadcast within the area affected;

(iii) By mailing a copy of the public notice to the persons

described in WAC 173-303-840 (3)(e)(i); and

(iv) Any other method reasonably determined to give

actual notice of the emergency permit to persons potentially

affected by it; and

(7) Will incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-804, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-804, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-804, filed 10/19/95, effective 11/19/95.

Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß

173-303-804, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-804,

filed 4/18/84.]

173-303-805 WAC 173-303-805 Interim status permits. (1)(a)

Applicability. This section applies to all facilities eligible for

an interim status permit. When a facility is owned by one per-
173-303-805 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 174] (6/30/09)

son but is operated by another person, it is the operator's duty

to qualify for interim status, except that the owner must also

sign an interim status application. Prior to submittal of an

interim status permit application the requirements of WAC

173-303-281 must be met.

(b) Any person who owns or operates an "existing dangerous waste TSD facility" or a facility in existence on the

effective date of statutory or regulatory amendments under

the Hazardous Waste Management Act or RCRA that renders

the facility subject to the requirement to have a dangerous

waste permit will have interim status and will be treated as

having been issued a permit to the extent he or she has:

(i) Complied with the requirements of WAC 173-303-

060 pertaining to notification of dangerous waste activity.

(Comment: Some existing facilities may not be required

to file a notification under WAC 173-303-060. These facilities may qualify for interim status by meeting (b)(ii) of this

subsection.)

(ii) Complied with the requirements of WAC 173-303-

803 governing submission of part A applications.

(c) This subsection (1) will not apply to any facility that

has been previously denied a final facility permit or if authority to operate the facility under the Hazardous Waste Management Act has been previously terminated.

(2) Failure to qualify for interim status. If the department

has reason to believe upon examination of a Part A application that it fails to provide the required information, it will

notify the owner or operator in writing of the apparent deficiency. Such notice will specify the grounds for the department's belief that the application is deficient. The owner or

operator will have thirty days from receipt to respond to such

a notification and to explain or cure the alleged deficiency in

his Part A application. If, after such notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action.

(3) Interim status for facilities under RCRA interim status. Any existing facility operating under interim status

gained under section 3005 of RCRA will be deemed to have

an interim status permit under this chapter provided that the

owner/operator complies with the applicable requirements of

WAC 173-303-400 and this section.

(4) Interim status for facilities managing state-designated (non-RCRA) dangerous wastes. Any existing facility

which does not satisfy subsection (3) of this section, but

which is only managing dangerous wastes that are not hazardous wastes under 40 CFR Part 261, will be deemed to have

an interim status permit provided that the owner/operator of

the facility has complied with the notification requirements

of WAC 173-303-060 by May 11, 1982 and has submitted

Part A of his permit application by August 9, 1982. If an

existing facility becomes subject to this chapter due to

amendments to this chapter and the facility was not previously subject to this chapter, then the owner/operator of an

existing facility may qualify for an interim status permit by

complying with the notification requirements of WAC 173-

303-060 within three months, and submitting Part A of his

permit application within six months, after the adoption date

of the amendments which cause the facility to be subject to

the requirements of this chapter. Facilities qualifying for

interim status under this subsection will not be deemed to

have interim status under section 3005 of RCRA, and may

only manage non-RCRA wastes until they either qualify separately for interim status under section 3005 of RCRA or

receive a final status facility permit allowing them to manage

RCRA wastes.

(5) Maintaining the interim status permit.

(a) Timely notification and submission of a Part A application qualifies the owner/operator of the existing TSD facility for the interim status permit, until the department terminates interim status pursuant to subsection (8) of this section.

(b) Interim status for the existing TSD facility will be

maintained while the department makes final administrative

disposition of a final facility permit pursuant to WAC 173-

303-806 if:

(i) The owner/operator has submitted his final facility

permit application (as described in WAC 173-303-806)

within six months of the written request by the department to

submit such application; and

(ii) Grounds for terminating interim status (as described

in subsection (8) of this section) do not exist.

(c) The owner/operator of an interim status facility must

update his Part A whenever he is managing wastes that are

newly regulated under this chapter, and as necessary to comply with subsection (7) of this section. Failure to comply with

this updating requirement is a violation of interim status.

(6) Prohibitions for interim status permits. Facilities with

an interim status permit must not:

(a) Treat, store, or dispose of dangerous waste not specified in Part A of the permit application;

(b) Employ processes not specified in Part A of the permit application; or

(c) Exceed the design capacities specified in Part A of

the permit application.

(7) Changes during interim status.

(a) Except as provided in (b) of this subsection, the

owner or operator of an interim status facility may make the

following changes at the facility:

(i) Treatment, storage, or disposal of new dangerous

wastes not previously identified in Part A of the permit application (and, in the case of newly listed or identified wastes,

addition of the units being used to treat, store, or dispose of

the dangerous wastes on the effective date of the listing or

identification) if the owner or operator submits a revised Part

A permit application prior to such treatment, storage, or disposal (along with a justification detailing the equipment and

process or processes that the owner or operator will use to

treat, store, or dispose of the new dangerous wastes) and if

the department does not explicitly deny the changes within

sixty days of receipt of the revised application;

(ii) Increases in the design capacity of processes used at

the facility if the owner or operator submits a revised Part A

permit application prior to such a change (along with a justification explaining the need for the change), the requirements

of WAC 173-303-281 are met, and the department approves

the changes because:

(A) There is a lack of available treatment, storage, or disposal capacity at other dangerous waste management facilities; or

(B) The change is necessary to comply with a federal,

state, or local requirement.

(iii) Changes in the processes for the treatment, storage,

or disposal of dangerous waste or addition of processes if the
Dangerous Waste Regulations 173-303-805

(6/30/09) [Ch. 173-303 WACóp. 175]

owner or operator submits a revised Part A permit application

prior to such change (along with a justification explaining the

need for the change) and the department approves the change

because:

(A) The change is necessary to prevent a threat to human

health and the environment because of an emergency situation; or

(B) The change is necessary to comply with a federal,

state, or local requirement.

(iv) Changes in the ownership or operational control of a

facility if the new owner or operator submits a revised Part A

permit application no later than ninety days prior to the

scheduled change. When a transfer of operational control of a

facility occurs, the old owner or operator must comply with

the interim status financial requirements of 40 CFR Part 265,

Subpart H (as referenced in WAC 173-303-400), until the

new owner or operator has demonstrated to the department

that he is complying with the financial requirements. Upon

demonstration to the department by the new owner or operator of compliance with the interim status financial requirements, the department will notify the old owner or operator in

writing that he no longer needs to comply with the interim

status financial requirements as of the date of demonstration.

The new owner or operator must demonstrate compliance

with the financial requirements within six months of the date

of the change in ownership or operational control of the facility. All other interim status duties are transferred effective

immediately upon the date of the change in ownership or

operational control of the facility.

(v) Changes made in accordance with an interim status

corrective action order issued by EPA under section 3008(h)

of RCRA or other federal authority, including an order or

consent decree issued pursuant to WAC 173-303-64620 or

173-303-64630, by the department under chapter 70.105

RCW or other state authority, or by a court in a judicial action

brought by EPA or by the department. Changes under this

subsection (7)(a)(v) are limited to the treatment, storage, or

disposal of solid waste from releases that originate within the

boundary of the facility.

(vi) Addition of newly regulated units for the treatment,

storage, or disposal of dangerous waste if the owner or operator submits a revised Part A permit application on or before

the date on which the unit becomes subject to the new

requirements.

(b) Except as specifically allowed under this subsection

(7)(b), changes listed under (a) of this subsection may not be

made if they amount to reconstruction of the dangerous waste

management facility. Reconstruction occurs when the capital

investment in the changes to the facility exceeds fifty percent

of the capital cost of a comparable entirely new dangerous

waste management facility. If all other requirements are met,

the following changes may be made even if they amount to a

reconstruction:

(i) Changes made solely for the purposes of complying

with the requirements of WAC 173-303-640(4) for tanks and

ancillary equipment.

(ii) If necessary to comply with federal, state, or local

requirements, changes to an existing unit, changes solely

involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of section

3004(o) of RCRA.

(iii) Changes that are necessary to allow owners or operators to continue handling newly listed or identified dangerous wastes that have been treated, stored, or disposed of at the

facility prior to the effective date of the rule establishing the

new listing or identification.

(iv) Changes during closure of a facility or of a unit

within a facility made in accordance with an approved closure plan.

(v) Changes necessary to comply with an interim status

corrective action order issued by EPA under section 3008(h)

or other federal authority, by the department under chapter

70.105 RCW or other state authority, or by a court in a judicial proceeding brought by EPA or an authorized state, provided that such changes are limited to the treatment, storage,

or disposal of solid waste from releases that originate within

the boundary of the facility.

(vi) Changes to treat or store, in tanks, containers, or

containment buildings hazardous wastes subject to land disposal restrictions imposed by 40 CFR Part 268 or RCRA section 3004, provided that such changes are made solely for the

purpose of complying with 40 CFR Part 268 or RCRA section 3004.

(vii) Addition of newly regulated units under (a)(vi) of

this subsection.

(viii) Changes necessary to comply with standards under

40 CFR part 63, subpart EEEóNational Emission Standards

for Hazardous Air Pollutants From Hazardous Waste Combustors, which are incorporated by reference at WAC 173-

400-075 (5)(a).

(8) Termination of interim status permit. The following

are causes for terminating an interim status permit, or for

denying a revised permit application:

(a) Final administrative disposition of a final facility permit application is made pursuant to WAC 173-303-806;

(b) When the department on examination or reexamination of a Part A application determines that it fails to meet the

applicable standards of this chapter, it may notify the owner

or operator that the application is deficient and that the

interim status permit has been revoked. The owner or operator will then be subject to enforcement for operating without

a permit;

(c) Failure to submit a requested Part B application on

time, or to provide in full the information required in the Part

B application;

(d) Violation of applicable interim status standards; 

(e) A determination that the permit applicant has failed

to satisfy the performance standards of WAC 173-303-283;

(f) For owners or operators of each land disposal facility

which has been granted interim status prior to November 8,

1984, interim status terminated on November 8, 1985, unless:

(i) The owner or operator submits a Part B application

for a permit for such facility prior to that date; and

(ii) The owner or operator certifies that such facility is in

compliance with all applicable ground water monitoring and

financial responsibility requirements.

(g) For owners or operators of each land disposal facility

which is in existence on the effective date of statutory or regulatory amendments under the Hazardous Waste Management Act that render the facility subject to the requirement to

have a final facility permit and which is granted interim status, interim status terminates twelve months after the date on
173-303-806 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 176] (6/30/09)

which the facility first becomes subject to such permit

requirement unless the owner or operator of such facility:

(i) Submits a Part B application for a final facility permit

for such facility before the date twelve months after the date

on which the facility first becomes subject to such permit

requirement; and

(ii) Certifies that such facility is in compliance with all

applicable ground water monitoring and financial responsibility requirements.

(h) For owners or operators of any land disposal unit that

is granted authority to operate under subsection (7)(a)(i), (ii)

or (iii) of this section, interim status terminates on the date

twelve months after the effective date of such requirement,

unless the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and

financial responsibility requirements;

(i) For owners and operators of each incinerator facility

which achieved interim status prior to November 8, 1984,

interim status terminated on November 8, 1989, unless the

owner or operator of the facility submitted a Part B application for a final facility permit for an incinerator facility by

November 8, 1986; or

(j) For owners or operators of any facility (other than a

land disposal or an incinerator facility) which has achieved

interim status prior to November 8, 1984, interim status terminated on November 8, 1992, unless the owner or operator

of the facility submitted a Part B application for a final facility permit for the facility by November 8, 1988.

(9) Reserve.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-805, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-805, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-805, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-805, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-805, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-805,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-805, filed 1/4/89; 88-18-083 (Order 88-

29), ß 173-303-805, filed 9/6/88; 88-07-039 (Order 87-37), ß 173-303-805,

filed 3/11/88; 87-14-029 (Order DE-87-4), ß 173-303-805, filed 6/26/87; 86-

12-057 (Order DE-85-10), ß 173-303-805, filed 6/3/86; 84-09-088 (Order

DE 83-36), ß 173-303-805, filed 4/18/84. Statutory Authority: Chapter

70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-

805, filed 2/10/82.]

173-303-806 WAC 173-303-806 Final facility permits. (1) Applicability. This section applies to all dangerous waste facilities

required to have a final facility permit. The final facility permit requirements are applicable to:

(a) Final status TSD facilities; and

(b) Certain recycling facilities that are not exempt from

the permit requirements.

(2)(a) Application. Any person subject to the permit

requirements of this section who intends to operate a new

TSD facility must comply with WAC 173-303-281 and apply

for a final facility permit. The department may, at any time,

require the owner or operator of an existing TSD facility to

apply for a final facility permit. Such owner or operator will

be allowed one hundred eighty days to submit his application; the department may extend the length of the application

period if it finds that there are good reasons to do so. The

owner or operator of an existing TSD facility may voluntarily

apply for a final facility permit at any time. Any person seeking a final facility permit must complete, sign, and submit an

application to the department. An application must consist of

a Part A permit form (which can be obtained from the department), and the contents of Part B as specified in subsection

(4) of this section. The requirements for the contents of a part

A permit application are at WAC 173-303-803(3).

(b) Persons covered by permits by rule (WAC 173-303-

802) need not apply. Procedures for applications, issuance

and administration of emergency permits are found exclusively in WAC 173-303-804. Procedures for application,

issuance and administration of research, development, and

demonstration permits are found exclusively in WAC 173-

303-809.

(3) Effective regulations. A final facility permit will

include all applicable requirements of this chapter which are

in effect on the date that the permit is issued by the department. WAC 173-303-840(7) provides a means for reopening

permit proceedings at the discretion of the department where

new requirements become effective during the permitting

process and are of sufficient magnitude to make additional

proceedings desirable. Any other changes to the final facility

permit will be in accordance with the permit modification

requirements of WAC 173-303-830.

(4) Contents of Part B. Part B of a permit application

must consist of the information required in (a) through (m) of

this subsection.

(a) General requirements. Part B of the permit application consists of the general information requirements of this

subsection, and the specific information requirements in (b)

through (h) of this subsection as applicable to the facility.

The Part B information requirements presented in (a) through

(h) of this subsection, reflect the standards promulgated in

WAC 173-303-600. These information requirements are necessary in order for the department to determine compliance

with WAC 173-303-600 through 173-303-670. If owners and

operators of TSD facilities can demonstrate that the information prescribed in Part B cannot be provided to the extent

required, the department may make allowance for submission

of such information on a case-by-case basis. Information

required in Part B must be submitted to the department and

signed in accordance with requirements in WAC 173-303-

810(12). Certain technical data, such as design drawings and

specifications, and engineering studies must be certified by a

registered professional engineer. The following information

is required for all TSD facilities, except as WAC 173-303-

600(3) provides otherwise.

(i) A general description of the facility.

(ii) Chemical, biological, and physical analyses of the

dangerous waste and hazardous debris to be handled at the

facility. At a minimum, these analyses must contain all the

information which must be known to treat, store, or dispose

of the wastes properly in accordance with WAC 173-303-

600.

(iii) A copy of the waste analysis plan required by WAC

173-303-300(5) and, if applicable WAC 173-303-300 (5)(g).

(iv) A description of the security procedures and equipment required by WAC 173-303-310, or a justification demonstrating the reasons for requesting a waiver of this requirement.
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(v) A copy of the general inspection schedule required

by WAC 173-303-320(2): Include where applicable, as part

of the inspection schedule, specific requirements in WAC

173-303-395 (1)(d), 173-303-630(6), 173-303-640 (4)(a)(i)

and (6), 173-303-650(4), 173-303-655(4), 173-303-660 (4)

and (5), 173-303-665(4), 173-303-670(7), and 173-303-

680(3), and 40 CFR 264.1033, 264.1035, 264.1052,

264.1053, 264.1058, 264.1064, 264.1067, 264.1084,

264.1085, 264.1086, and 264.1088.

(vi) A justification of any request for a waiver(s) of the

preparedness and prevention requirements of WAC 173-303-

340, or a description of the procedures used to comply with

these requirements.

(vii) A copy of the contingency plan required by WAC

173-303-350: Include, where applicable, as part of the contingency plan, specific requirements in WAC 173-303-

640(7), 173-303-650(5) and 173-303-660(6).

(viii) A description of procedures, structures, or equipment used at the facility to:

(A) Prevent hazards and contain spills in

unloading/loading operations (for example, ramps, berms,

pavement, special forklifts);

(B) Prevent runoff from dangerous waste handling areas

to other areas of the facility or environment, or to prevent

flooding (for example, berms, dikes, trenches);

(C) Prevent contamination of water supplies;

(D) Mitigate effects of equipment failure and power outages;

(E) Prevent undue exposure of personnel to dangerous

waste (for example, protective clothing); and

(F) Prevent releases to the atmosphere.

(ix) A description of precautions to prevent accidental

ignition or reaction of ignitable, reactive, or incompatible

wastes as required to demonstrate compliance with WAC

173-303-395 including documentation demonstrating compliance with WAC 173-303-395 (1)(c).

(x) Traffic pattern, estimated volume (number, types of

vehicles) and control (for example, show turns across traffic

lanes, and stacking lanes (if appropriate); describe access

road surfacing and load bearing capacity; show traffic control

signals).

(xi) Seismic risk consideration. The owner/operator of a

proposed facility or expansion of an existing facility must

identify the seismic risk zone in which the facility is intended

to be located. Where state or local maps are not available,

United States Geological Survey Open File Report number

82-1033 may be used to identify seismic risk zones. The

owner/operator must demonstrate that the facility can and

will be designed to resist seismic ground motion and that the

design is sufficient to withstand the maximum horizontal

acceleration of a design earthquake specified in the demonstration.

(xii) An outline of both the introductory and continuing

training programs by owners or operators to prepare persons

to operate or maintain the TSD facility in a safe manner as

required to demonstrate compliance with WAC 173-303-330.

A brief description of how training will be designed to meet

actual job tasks in accordance with requirements in WAC

173-303-330 (1)(d).

(xiii) A copy of the closure plan and, where applicable,

the post-closure plan required by WAC 173-303-610 (3) and

(8). Include, where applicable, as part of the plans, specific

requirements in WAC 173-303-630(10), 173-303-640(8),

173-303-650(6), 173-303-655(8), 173-303-660(9), 173-303-

665(6), 173-303-670(8), and 173-303-680 (2) and (4).

(xiv) For dangerous waste disposal units that have been

closed, documentation that notices required under WAC 173-

303-610(10) have been filed.

(xv) The most recent closure cost estimate for the facility

prepared in accordance with WAC 173-303-620(3) and a

copy of the documentation required to demonstrate financial

assurance under WAC 173-303-620(4). For a new facility, a

copy of the required documentation may be submitted sixty

days prior to the initial receipt of dangerous wastes, if that is

later than the submission of the Part B.

(xvi) Where applicable, the most recent post-closure cost

estimate for the facility prepared in accordance with WAC

173-303-620(5) plus a copy of the documentation required to

demonstrate financial assurance under WAC 173-303-

620(6). For a new facility, a copy of the required documentation may be submitted sixty days prior to the initial receipt of

dangerous wastes, if that is later than the submission of the

Part B.

(xvii) Where applicable, a copy of the insurance policy

or other documentation which comprises compliance with the

requirements of WAC 173-303-620(8). For a new facility,

documentation showing the amount of insurance meeting the

specification of WAC 173-303-620 (8)(a) and, if applicable,

WAC 173-303-620 (8)(b), that the owner or operator plans to

have in effect before initial receipt of dangerous waste for

treatment, storage, or disposal. A request for a variance in the

amount of required coverage, for a new or existing facility,

may be submitted as specified in WAC 173-303-620 (8)(c).

(xviii) A topographic map showing a distance of one

thousand feet around the facility at a scale of 2.5 centimeters

(1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must

be sufficient to clearly show the pattern of surface water flow

in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5

feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20

feet). Owners and operators of TSD facilities located in

mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map must

clearly show the following:

(A) Map scale and date;

(B) One hundred-year flood plain area;

(C) Surface waters including intermittent streams;

(D) Surrounding land uses (residential, commercial,

agricultural, recreational);

(E) A wind rose (i.e., prevailing windspeed and direction);

(F) Orientation of the map (north arrow);

(G) Legal boundaries of the TSD facility site;

(H) Access control (fences, gates);

(I) Injection and withdrawal wells both on-site and offsite;

(J) Buildings; treatment, storage, or disposal operations;

or other structure (recreation areas, runoff control systems,

access and internal roads, storm, sanitary, and process sewer-
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[Ch. 173-303 WACóp. 178] (6/30/09)

age systems, loading and unloading areas, fire control facilities, etc.);

(K) Barriers for drainage or flood control; and

(L) Location of operational units within the TSD facility

site, where dangerous waste is (or will be) treated, stored, or

disposed (include equipment clean-up areas).

(Note - For large TSD facilities the department will

allow the use of other scales on a case-by-case basis.)

(xix) Applicants may be required to submit such information as may be necessary to enable the department to carry

out its duties under other state or federal laws as required.

(xx) Additional information requirements. The following additional information regarding protection of ground

water is required from owners or operators of dangerous

waste facilities containing a regulated unit except as otherwise provided in WAC 173-303-645 (1)(b):

(A) A summary of the ground water monitoring data

obtained during the interim status period under 40 CFR

265.90 through 265.94, where applicable;

(B) Identification of the uppermost aquifer and aquifers

hydraulically interconnected beneath the facility property,

including ground water flow direction and rate, and the basis

for such identification (that is, the information obtained from

hydrogeologic investigations of the facility area);

(C) On the topographic map required under (a)(xviii) of

this subsection, a delineation of the waste management area,

the property boundary, the proposed "point of compliance" as

defined under WAC 173-303-645(6), the proposed location

of ground water monitoring wells as required under WAC

173-303-645(8), and, to the extent possible, the information

required in (a)(xx)(B) of this subsection;

(D) A description of any plume of contamination that has

entered the ground water from a regulated unit at the time that

the application was submitted that:

(I) Delineates the extent of the plume on the topographic

map required under (a)(xviii) of this subsection;

(II) Identifies the concentration of each constituent

throughout the plume or identifies the maximum concentrations of each constituent in the plume. (Constituents are those

listed in Appendix "Ground-Water Monitoring List" in

Chemical Testing Methods for Designating Dangerous

Waste which is incorporated at WAC 173-303-110 (3)(c) and

(7), and any other constituents not listed there which have

caused a managed waste to be regulated under this chapter.);

(E) Detailed plans and an engineering report describing

the proposed ground water monitoring program to be implemented to meet the requirements of WAC 173-303-645(8);

(F) If the presence of dangerous constituents has not

been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a detection

monitoring program which meets the requirements of WAC

173-303-645(9). This submission must address the following

items specified under WAC 173-303-645(9):

(I) A proposed list of indicator parameters, waste constituents, or reaction products that can provide a reliable indication of the presence of dangerous constituents in the ground

water;

(II) A proposed ground water monitoring system;

(III) Background values for each proposed monitoring

parameter or constituent, or procedures to calculate such values; and

(IV) A description of proposed sampling, analysis and

statistical comparison procedures to be utilized in evaluating

ground water monitoring data;

(G) If the presence of dangerous constituents has been

detected in the ground water at the point of compliance at the

time of permit application, the owner or operator must submit

sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the

requirements of WAC 173-303-645(10). The owner or operator must also submit an engineering feasibility plan for a

corrective action program necessary to meet the requirements

of WAC 173-303-645(11) except as provided in WAC 173-

303-645 (9)(h)(v). Alternatively, the owner or operator can

obtain written authorization in advance from the department

to submit a proposed permit schedule for development and

submittal of such information. To demonstrate compliance

with WAC 173-303-645(10), the owner or operator must

address the following items:

(I) A description of the wastes previously handled at the

facility;

(II) A characterization of the contaminated ground

water, including concentrations of dangerous constituents

and parameters;

(III) A list of constituents and parameters for which compliance monitoring will be undertaken in accordance with

WAC 173-303-645 (8) and (10);

(IV) Proposed concentration limits for each dangerous

constituent and parameter, based on the criteria set forth in

WAC 173-303-645 (5)(a), including a justification for establishing any alternate concentration limits;

(V) Detailed plans and an engineering report describing

the proposed ground water monitoring system, in accordance

with the requirements of WAC 173-303-645(8); and

(VI) A description of proposed sampling, analysis and

statistical comparison procedures to be utilized in evaluating

ground water monitoring data; and

(H) If dangerous constituents or parameters have been

measured in the ground water which exceed the concentration limits established under WAC 173-303-645(5), Table 1,

or if ground water monitoring conducted at the time of permit

application under 40 CFR 265.90 through 265.94 at the waste

boundary indicates the presence of dangerous constituents

from the facility in ground water over background concentrations, the owner or operator must submit sufficient information, supporting data, and analyses to establish a corrective

action program which meets the requirements of WAC 173-

303-645(11). However, an owner or operator is not required

to submit information to establish a corrective action program if he demonstrates to the department that alternate concentration limits will protect human health and the environment after considering the criteria listed in WAC 173-303-

645(5). An owner or operator who is not required to establish

a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of WAC 173-303-

645 (10) and (a)(xx)(F) of this subsection. To demonstrate

compliance with WAC 173-303-645(11), the owner or operator must address, at a minimum, the following items:
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(I) A characterization of the contaminated ground water,

including concentrations of dangerous constituents and parameters;

(II) The concentration limit for each dangerous constituent and parameter found in the ground water as set forth in

WAC 173-303-645(5);

(III) Detailed plans and an engineering report describing

the corrective action to be taken;

(IV) A description of how the ground water monitoring

program will demonstrate the adequacy of the corrective

action; and

(V) The permit may contain a schedule for submittal of

the information required in (a)(xx)(H)(III) and (IV) of this

subsection, provided the owner or operator obtains written

authorization from the department prior to submittal of the

complete permit application.

(xxi) Contingent ground water protection program. The

following actions are required for owners or operators of proposed land-based facilities and may be required for

owners/operators of existing land-based facilities, except as

provided in WAC 173-303-645 (1)(b).

(A) Contingent ground water protection program. The

owner or operator must develop a contingent ground water

protection program. The purpose of this program will be to

prevent the migration of dangerous waste or dangerous waste

constituents from waste management units to the nearest

hydraulically downgradient receptor at any time during the

life of the facility. For the purposes of this subsection, the

downgradient receptor will be the facility property line,

perennial surface water or domestic well, whichever is nearest to the dangerous waste management unit. The contingent

ground water protection program must at a minimum:

(I) Define the local and regional hydrogeologic characteristics. The contingent ground water protection program

must be based on a sufficient understanding of site geology,

hydrology, and other factors to allow evaluation of its adequacy by the department. Site characterization must be performed in sufficient detail to provide, at a minimum, the following information: Site geostratigraphy; site hydrostratigraphy; identification of aquifers, aquitards, and aquicludes;

flow models for each stratum (i.e., porus media or fracture

flow); the distribution of vertical and horizontal hydraulic

conductivity; effective porosity; horizontal and vertical

hydraulic gradients; ground water travel time to receptors;

and heterogeneity for each stratigraphic unit. Site interpretative models must include ranges of tested values: The provisions of WAC 173-303-806 (4)(a)(xx) and 173-303-645,

must be used as guidance in the development of the contingent ground water protection program.

(II) Identify the range of potential release scenarios that

could occur during facility operation and the post-closure

care period. The scenarios must incorporate the intended

design(s) of the dangerous waste management unit(s), wastes

to be placed in the dangerous waste management unit(s),

waste and leachate chemistry, waste, and soil and rock

geochemical interactions, and the results of site characterization pursuant to WAC 173-303-806 (4)(a)(xx) and (xxi);

(III) Include specific physical action to be taken if dangerous waste or dangerous waste constituents are detected in

one or more of the monitoring wells. The physical actions

must be based upon engineering feasibility studies describing

remedial actions established from site specific conditions and

waste features. Such actions may include installation of a

pump and treat system between the monitoring well and the

receptor or installation of a section of slurry wall to decrease

ground water travel times. The description of the systems

must also provide how the remediation system will achieve

cleanup, its efficiency, and the time frames involved;

(IV) Incorporate the design, construction, and sampling

methods outlined in WAC 173-303-645 (8)(c), (d), (e), (f),

and (g);

(V) Demonstrate to the satisfaction of the department

that the owner/operator of the dangerous waste management

facility has the financial capability to implement the proposed ground water protection plan; and

(VI) Include reporting procedures to the department.

(B) The response actions identified in WAC 173-303-

806 (4)(a)(xxi)(A)(III) must be activated if the presence of

dangerous waste or dangerous waste constituents have been

detected at the point of compliance in accordance with WAC

173-303-645 (9)(g), and must continue until the concentration of dangerous waste or dangerous waste constituents

under WAC 173-303-645(4) are reduced to levels below their

respective concentration limits specified in WAC 173-303-

645(5).

(C) If the owner/operator does not demonstrate that the

ground water protection program will prevent the migration

of dangerous waste or its constituents to the nearest receptor,

the department will require corrections to be made in the protection program, increase setbacks from the nearest receptor,

or deny the permit.

(xxii) Additional requirements for incineration facilities.

The following actions regarding the protection of human

health and the environment must be taken by

owners/operators of proposed hazardous waste incineration

facilities and may be required for owners or operators of

existing incineration facilities.

(A) Ambient monitoring program. The owner/operator

will be required to develop an ambient monitoring program.

The purpose of this ambient monitoring program will be to:

Gather baseline environmental information characterizing

on-site and off-site environmental conditions prior to facility

operation; and, to identify and measure changes in the environment which may be linked to the construction and operation of the facility. The ambient monitoring program must, at

a minimum:

(I) Include a characterization of facility emission sources

and pathways of contaminant transport.

(II) Characterize local and regional ecosystems, including agricultural, and their sensitivity to the potential contaminants from the facility.

(III) Incorporate the findings of the environmental

impact statement's health risk assessment and/or other

assessments specific to the proposal or available to the scientific community regarding emissions from dangerous waste

management facilities and their potential human health and

environmental effects.

(IV) Identify sensitive indicator plants and animals for

biomonitoring, identify specific chemical constituents of

concern, sampling locations, sampling frequency, sampling

and analytical methods, chain of custody procedures, quality
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assurance/quality control procedures, reporting times,

recordkeeping procedures, and data evaluation procedures.

(B) Environmental review procedures. The

owner/operator must establish procedures to allow for public

review of facility operation and all monitoring data required

by the facility's permit. In developing this process, the

owner/operator must, at a minimum:

(I) Coordinate this effort with the public and interested

local organizations;

(II) Identify the informational needs of the community

and develop a public information process which meets these

needs; and

(III) Develop procedures allowing full access by the public to all monitoring data required by the permit.

(C) Impact mitigation plan. Prior to the department issuing a permit, the owner/operator must submit an impact mitigation plan which demonstrates to the satisfaction of the

department that the owner/operator will mitigate all probable

significant adverse impacts, including economic, due to facility location and operations. The owner/operator must use as a

basis for identifying probable significant adverse economic

impacts those probable economic impacts identified during a

public review process, such as the environmental impact

statement scoping process, if applicable.

The plan must include, but is not limited to, a description

of what the owner/operator will do to reduce or prevent any

probable significant impacts before they occur, to mitigate

such impacts should they occur, and to ensure the

owner/operator has and will have the financial capability to

implement such preventative and mitigative measures. Mitigation measures may include, as an element, financial compensation to adversely affected parties.

This plan may be submitted with environmental reports

the department requires for compliance with the State Environmental Policy Act, with the written citizen proponent

negotiation report and agreements, or with the Part B permit

application. If the plan does not demonstrate that the

owner/operator is capable of adequately mitigating the identified probable significant adverse economic impacts, the

department will require modification of the plan or of the proposed facility location, or will deny the permit application.

The department must be satisfied with the plan prior to the

issuance of the permit.

(xxiii) Information requirements for solid waste management units.

(A) The following information is required for each solid

waste management unit:

(I) The location of the unit on the topographic map

required under (a)(xviii) of this subsection.

(II) Designation of type of unit.

(III) General dimensions and structural description (supply any available drawings).

(IV) Time frame over which the unit was operated.

(V) Specification of all wastes that have been managed

in the unit, to the extent available.

(B) The owner/operator of any facility containing one or

more solid waste management units must submit all available

information pertaining to any release of dangerous wastes or

dangerous constituents from such unit or units.

(C) The owner/operator must conduct and provide the

results of sampling and analysis of ground water, landsurface, and subsurface strata, surface water, or air, which may

include the installation of wells, where the department determines it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is

necessary.

WAC 173-303-806 (4)(a)(xxiv):

(xxiv) Information requirements for known releases.

(A) In order to provide for corrective action necessary to

protect human health and the environment, the following

information is required for all known significant releases of

dangerous waste and dangerous constituents (as defined by

WAC 173-303-64610(4)) at, and from, the facility. A significant release is a release which has affected or has the potential to affect human health or the environment at or beyond

the facility.

(I) The location of the release on the topographic map

required under (a)(xviii) of this subsection.

(II) General dimensions of the release and any relevant

structural description. For example, if the release is from a

storage tank, provide a structural description of the tank. Supply any available drawings.

(III) Time frame over which the release occurred.

(IV) Specification of all dangerous waste or dangerous

constituents (as defined by WAC 173-303-64610(4)) present

in the release, to the extent available.

(xxv) A summary of the preapplication meeting, along

with a list of attendees and their addresses, and copies of any

written comments or materials submitted at the meeting, as

required under WAC 173-303-281 (3)(c).

(xxvi) For land disposal facilities, if a case-by-case

extension has been approved under 40 CFR 268.5 or a petition has been approved under 40 CFR 268.6, a copy of the

notice of approval for the extension or petition is required.

(b) Specific Part B information requirements for containers. Except as otherwise provided in WAC 173-303-600(3),

owners or operators of facilities that store containers of dangerous waste must provide the following additional information:

(i) A description of the containment system to demonstrate compliance with WAC 173-303-630(7). Show at least

the following:

(A) Basic design parameters, dimensions, and materials

of construction including allowance for a twenty-five-year,

twenty-four-hour storm;

(B) How the design promotes positive drainage control

or how containers are kept from contact with standing liquids

in the containment system;

(C) Capacity of the containment system relative to the

volume of the largest container to be stored;

(D) Provisions for preventing or managing run-on;

(E) How accumulated liquids can be analyzed and

removed to prevent overflow; and

(F) A description of the building or other protective covering for EHW containers;

(ii) For storage areas that store containers holding wastes

that do not contain free liquids, a demonstration of compliance with WAC 173-303-630 (7)(c), including:

(A) Test procedures and results or other documentation

or information to show that the wastes do not contain free liquids; and
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(B) A description of how the storage area is designed or

operated to drain and remove liquids or how containers are

kept from contact with standing liquids;

(iii) A description of the procedures for labeling containers;

(iv) Sketches, drawings, or data demonstrating compliance with WAC 173-303-630(8) (location of buffer zone and

containers holding ignitable or reactive wastes) and WAC

173-303-630 (9)(c) (location of incompatible wastes), where

applicable;

(v) Where incompatible wastes are stored or otherwise

managed in containers, a description of the procedures used

to ensure compliance with WAC 173-303-630 (9)(a) and (b),

and 173-303-395 (1)(b) and (c); and

(vi) Information on air emission control equipment as

required in (m) of this subsection.

(c) Specific Part B information requirements for tanks.

Except as otherwise provided in WAC 173-303-600(3), owners and operators of facilities that use tanks to store or treat

dangerous waste must provide the following information:

(i) A written assessment that is reviewed and certified by

an independent, qualified, registered professional engineer as

to the structural integrity and suitability for handling dangerous waste of each tank system, as required under WAC 173-

303-640 (2) and (3);

(ii) Dimensions and capacity of each tank;

(iii) Description of feed systems, safety cutoff, bypass

systems, and pressure controls (e.g., vents);

(iv) A diagram of piping, instrumentation, and process

flow for each tank system;

(v) A description of materials and equipment used to

provide external corrosion protection, as required under

WAC 173-303-640 (3)(a)(iii)(B);

(vi) For new tank systems, a detailed description of how

the tank system(s) will be installed in compliance with WAC

173-303-640 (3)(b), (c), (d), and (e);

(vii) Detailed plans and a description of how the secondary containment system for each tank system is or will be

designed, constructed, and operated to meet the requirements

of WAC 173-303-640 (4)(a), (b), (c), (d), (e), and (f);

(viii) For tank systems for which a variance from the

requirements of WAC 173-303-640(4) is sought (as provided

by WAC 173-303-640 (4)(g)):

(A) Detailed plans and engineering and hydrogeologic

reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects,

prevent the migration of any dangerous waste or dangerous

constituents into the ground water or surface water during the

life of the facility; or

(B) A detailed assessment of the substantial present or

potential hazards posed to human health or the environment

should a release enter the environment.

(ix) Description of controls and practices to prevent

spills and overflows, as required under WAC 173-303-640

(5)(b);

(x) For tank systems in which ignitable, reactive, or

incompatible wastes are to be stored or treated, a description

of how operating procedures and tank system and facility

design will achieve compliance with the requirements of

WAC 173-303-640 (9) and (10);

(xi) A description of the marking and/or labeling of

tanks; 

(xii) Tank design to prevent escape of vapors and emissions of acutely or chronically toxic (upon inhalation) EHW;

and

(xiii) Information on air emission control equipment as

required in (m) of this subsection.

(d) Specific Part B information requirements for surface

impoundments. Except as otherwise provided in WAC 173-

303-600(3), owners and operators of facilities that store,

treat, or dispose of dangerous waste in surface impoundments

must provide the following additional information:

(i) A list of the dangerous wastes placed or to be placed

in each surface impoundment;

(ii) Detailed plans and an engineering report describing

how the surface impoundment is designed, and is or will be

constructed, operated and maintained to meet the requirements of WAC 173-303-650 (2)(j), (10), (11), and 173-303-

335, addressing the following items:

(A) The liner system (except for an existing portion of a

surface impoundment), including the certification required

by WAC 173-303-650 (2)(a)(i)(D) for EHW management. If

an exemption from the requirement for a liner is sought as

provided by WAC 173-303-650 (2)(b), submit detailed plans

and engineering and hydrogeologic reports, as appropriate,

describing alternate design and operating practices that will,

in conjunction with location aspects, prevent the migration of

any dangerous constituents into the ground water or surface

water at any future time;

(B) Prevention of overtopping; 

(C) Structural integrity of dikes;

(D) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment

must meet the requirements of WAC 173-303-650 (2)(j). If

an exemption from the requirements for double liners and a

leak detection, collection, and removal system or alternative

design is sought as provided by WAC 173-303-650 (2)(k),

(l), or (m), submit appropriate information;

(E) If the leak detection system is located in a saturated

zone, submit detailed plans and an engineering report

explaining the leak detection system design and operation,

and the location of the saturated zone in relation to the leak

detection system;

(F) The construction quality assurance (CQA) plan if

required under WAC 173-303-335; and 

(G) Proposed action leakage rate, with rationale, if

required under WAC 173-303-650(10), and response action

plan, if required under WAC 173-303-650(11).

(iii) Reserve.

(iv) A description of how each surface impoundment,

including the double liner system, leak detection system,

cover systems and appurtenances for control of overtopping,

will be inspected in order to meet the requirements of WAC

173-303-650 (4)(a), (b), and (d). This information should be

included in the inspection plan submitted under (a)(v) of this

subsection;

(v) A certification by a qualified engineer which attests

to the structural integrity of each dike, as required under

WAC 173-303-650 (4)(c). For new units, the owner or operator must submit a statement by a qualified engineer that he
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will provide such a certification upon completion of construction in accordance with the plans and specifications;

(vi) A description of the procedure to be used for removing a surface impoundment from service, as required under

WAC 173-303-650 (5)(b) and (c). This information should be

included in the contingency plan submitted under (a)(vii) of

this subsection;

(vii) A description of how dangerous waste residues and

contaminated materials will be removed from the unit at closure, as required under WAC 173-303-650 (6)(a)(i). For any

wastes not to be removed from the unit upon closure, the

owner or operator must submit detailed plans and an engineering report describing how WAC 173-303-650 (6)(a)(ii)

and (b) will be complied with. This information should be

included in the closure plan and, where applicable, the postclosure plan submitted under (a)(xiii) of this subsection;

(viii) If ignitable or reactive wastes are to be placed in a

surface impoundment, an explanation of how WAC 173-303-

650(7) will be complied with;

(ix) If incompatible wastes, or incompatible wastes and

materials will be placed in a surface impoundment, an explanation of how WAC 173-303-650(8) will be complied with;

(x) Where applicable, a waste management plan for Dangerous Waste Nos. F020, F021, F022, F023, F026, or F027

describing how the surface impoundment is or will be

designed to meet the requirements of WAC 173-303-650(9);

and

(xi) Information on air emission control equipment as

required in (m) of this subsection.

(e) Specific Part B information requirements for waste

piles. Except as otherwise provided in WAC 173-303-600(3),

owners and operators of facilities that store or treat dangerous

waste in waste piles must provide the following additional

information:

(i) A list of dangerous wastes placed or to be placed in

each waste pile;

(ii) If an exemption is sought to WAC 173-303-660(2),

and 173-303-645 as provided by WAC 173-303-660 (1)(c),

an explanation of how the standards of WAC 173-303-660

(1)(c) will be complied with;

(iii) Detailed plans and an engineering report describing

how the waste pile is designed, and is or will be constructed,

operated, and maintained to meet the requirements of WAC

173-303-335, 173-303-660 (2)(j), (11) and (12), addressing

the following items:

(A)(I) The liner system (except for an existing portion of

a pile) if the waste pile must meet the requirements of WAC

173-303-660(2), including the licensed engineer's certification when required by WAC 173-303-660 (2)(c). If an

exemption from the requirement for a liner is sought, as provided by WAC 173-303-660 (2)(d), submit detailed plans and

engineering and hydrogeologic reports, as applicable,

describing alternate design and operating practices that will,

in conjunction with location aspects, prevent the migration of

any dangerous constituents into the ground water or surface

water at any future time;

(II) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the

requirements of WAC 173-303-660 (2)(j). If an exemption

from the requirements for double liners and a leak detection,

collection, and removal system or alternative design is sought

as provided by WAC 173-303-660 (2)(k), (l), or (m), submit

appropriate information;

(III) If the leak detection system is located in a saturated

zone, submit detailed plans and an engineering report

explaining the leak detection system design and operation,

and the location of the saturated zone in relation to the leak

detection system;

(IV) The construction quality assurance (CQA) plan if

required under WAC 173-303-335;

(V) Proposed action leakage rate, with rationale, if

required under WAC 173-303-660(3), and response action

plan, if required under WAC 173-303-660(4);

(B) Control of run-on;

(C) Control of runoff;

(D) Management of collection and holding units associated with run-on and runoff control systems; and

(E) Control of wind dispersal of particulate matter,

where applicable;

(iv) Reserve.

(v) A description of how each waste pile, including the

double liner system, leachate collection and removal system,

leak detection system, cover system and appurtenances for

control of run-on and runoff, will be inspected in order to

meet the requirements of WAC 173-303-660(5). This information should be included in the inspection plan submitted

under (a)(v) of this subsection. If an exemption is sought to

WAC 173-303-645 pursuant to WAC 173-303-660(4),

describe in the inspection plan how the inspection requirements of WAC 173-303-660 (4)(a)(iii) will be complied

with;

(vi) If treatment is carried out on or in the pile, details of

the process and equipment used, and the nature and quality of

the residuals;

(vii) If ignitable or reactive wastes are to be placed in a

waste pile, an explanation of how the requirements of WAC

173-303-660(7) will be complied with;

(viii) If incompatible wastes, or incompatible wastes and

materials will be placed in a waste pile, an explanation of

how WAC 173-303-660(8) will be complied with;

(ix) A description of how dangerous waste, waste residues and contaminated materials will be removed from the

waste pile at closure, as required under WAC 173-303-660

(9)(a). For any waste not to be removed from the waste pile

upon closure, the owner or operator must submit detailed

plans and an engineering report describing how WAC 173-

303-665 (6)(a) and (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under (a)(xiii) of this

subsection;

(x) Where applicable, a waste management plan for Dangerous Waste Nos. F020, F021, F022, F023, F026, or F027

describing how a waste pile that is not enclosed (as defined in

WAC 173-303-660 (1)(c)) is or will be designed, constructed, operated, and maintained to meet the requirements

of WAC 173-303-660(10).

(f) Specific Part B information requirements for incinerators. Except as WAC 173-303-670(1) and subsection

(4)(f)(v) of this section provide otherwise, owners and operators of facilities that incinerate dangerous waste must fulfill

the informational requirements of (f) of this subsection.
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(6/30/09) [Ch. 173-303 WACóp. 183]

(i) When seeking an exemption under WAC 173-303-

670 (1)(b) (ignitable or reactive wastes only):

(A) Documentation that the waste is listed as a dangerous waste in WAC 173-303-080, solely because it is ignitable; or

(B) Documentation that the waste is listed as a dangerous

waste in WAC 173-303-080, solely because it is reactive for

characteristics other than those listed in WAC 173-303-090

(7)(a)(iv) and (v), and will not be burned when other dangerous wastes are present in the combustion zone; or

(C) Documentation that the waste is a dangerous waste

solely because it possesses the characteristic of ignitability,

as determined by the tests for characteristics of dangerous

waste under WAC 173-303-090; or

(D) Documentation that the waste is a dangerous waste

solely because it possesses the reactivity characteristics listed

in WAC 173-303-090 (7)(a)(i), (ii), (iii), (vi), (vii), and (viii),

and that it will not be burned when other dangerous wastes

are present in the combustion zone.

(ii) Submit a trial burn plan or the results of a trial burn,

including all required determinations, in accordance with

WAC 173-303-807.

(iii) In lieu of a trial burn, the applicant may submit the

following information;

(A) An analysis of each waste or mixture of wastes to be

burned including:

(I) Heating value of the waste in the form and composition in which it will be burned;

(II) Viscosity (if applicable), or description of physical

form of the waste, and specific gravity of the waste;

(III) An identification of any dangerous organic constituents listed in WAC 173-303-9905 or, if not listed, which

cause the waste(s) to be regulated, which are present in the

waste to be burned, except that the applicant need not analyze

for constituents which would reasonably not be expected to

be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated.

The waste analysis must rely on analytical techniques specified in WAC 173-303-110 (3)(a), or their equivalent as

approved by the department;

(IV) An approximate quantification of the dangerous

constituents identified in the waste, within the precision produced by the analytical methods specified in WAC 173-303-

110 (3)(a); and

(V) A quantification of those dangerous constituents in

the waste which may be designated as principal organic dangerous constituents (PODC's) based on data submitted from

other trial or operational burns which demonstrate compliance with the performance standards in WAC 173-303-

670(4);

(B) A detailed engineering description of the incinerator,

including:

(I) Manufacturer's name and model number of incinerator;

(II) Type of incinerator;

(III) Linear dimension of incinerator unit including cross

sectional area of combustion chamber;

(IV) Description of auxiliary fuel system (type/feed);

(V) Capacity of prime mover;

(VI) Description of automatic waste feed cutoff system(s);

(VII) Stack gas monitoring and pollution control monitoring system;

(VIII) Nozzle and burner design;

(IX) Construction materials; and

(X) Location and description of temperature, pressure,

and flow indicating devices and control devices;

(C) A description and analysis of the waste to be burned

compared with the waste for which data from operational or

trial burns are provided to support the contention that a trial

burn is not needed. The data should include those items listed

in (f)(iii)(A) of this subsection. This analysis should specify

the principal organic dangerous constituents (PODC's) which

the applicant has identified in the waste for which a permit is

sought, and any differences from the PODC's in the waste for

which burn data are provided;

(D) The design and operating conditions of the incinerator unit to be used, compared with that for which comparative

burn data are available;

(E) A description of the results submitted from any previously conducted trial burn(s) including:

(I) Sampling and analysis techniques used to calculate

performance standards in WAC 173-303-670(4); and

(II) Methods and results of monitoring temperatures,

waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement);

(F) The expected incinerator operation information to

demonstrate compliance with WAC 173-303-670 (4) and (6),

including:

(I) Expected carbon monoxide (CO) level in the stack

exhaust gas;

(II) Waste feed rate;

(III) Combustion zone temperature;

(IV) Indication of combustion gas velocity;

(V) Expected stack gas volume, flow rate, and temperature;

(VI) Computed residence time for waste in the combustion zone;

(VII) Expected hydrochloric acid removal efficiency;

(VIII) Expected fugitive emissions and their control procedures; and

(IX) Proposed waste feed cutoff limits based on the identified significant operating parameters;

(G) Such supplemental information as the department

finds necessary to achieve the purposes of this subsection;

(H) Waste analysis data, including that submitted in

(f)(iii)(A) of this subsection, sufficient to allow the department to specify as permit principal organic dangerous constituents (permit PODC's) those constituents for which

destruction and removal efficiencies will be required; and

(I) Test protocols and sampling and analytical data to

demonstrate the designation status under WAC 173-303-070

of:

(I) Incinerator ash residues, if any; and

(II) Residues from the air pollution control devices.

(iv) The department will approve a permit application

without a trial burn if the department finds that:

(A) The wastes are sufficiently similar; and

(B) The incinerator units are sufficiently similar, and the

data from other trial burns are adequate to specify (under

WAC 173-303-670(6)) operating conditions that will ensure
173-303-806 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 184] (6/30/09)

that the performance standards in WAC 173-303-670(4) will

be met by the incinerator.

(v) When an owner or operator of a dangerous waste

incineration unit becomes subject to dangerous waste permit

requirements after October 12, 2005, or when an owner or

operator of an existing dangerous waste incinerator unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart EEE (that is, by conducting a comprehensive performance test and submitting a Notification of Compliance under 40 CFR 63.1207(j) and

63.1210(d) documenting compliance with all applicable

requirements of 40 CFR part 63, subpart EEE), the requirements of this subsection do not apply, except those provisions

the department determines are necessary to ensure compliance with WAC 173-303-670 (6)(a) and (c) if you elect to

comply with 40 CFR 270.235 (a)(1)(i), which is incorporated

by reference at WAC 173-303-841, to minimize emissions of

toxic compounds from startup, shutdown, and malfunction

events. Nevertheless, the department may apply the provisions of this subsection, on a case-by-case basis, for purposes

of information collection in accordance with WAC 173-303-

800(11) and 173-303-815 (2)(b)(ii). Note that 40 CFR part 63

subpart EEE is incorporated by reference at WAC 173-400-

075 (5)(a). If you are subject to 40 CFR Part 63 you must get

an air permit from ecology or the local air authority.

(g) Specific Part B information requirements for land

treatment facilities. Except as otherwise provided in WAC

173-303-600(3), owners and operators of facilities that use

land treatment to dispose of dangerous waste must provide

the following additional information:

(i) A description of plans to conduct a treatment demonstration as required under WAC 173-303-655(3). The

description must include the following information:

(A) The wastes for which the demonstration will be

made and the potential dangerous constituents in the waste;

(B) The data sources to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating

data);

(C) Any specific laboratory or field test that will be conducted, including:

(I) The type of test (e.g., column leaching, degradation);

(II) Materials and methods, including analytical procedures;

(III) Expected time for completion; and

(IV) Characteristics of the unit that will be simulated in

the demonstration, including treatment zone characteristics,

climatic conditions, and operating practices;

(ii) A description of a land treatment program, as

required under WAC 173-303-655(2). This information must

be submitted with the plans for the treatment demonstration,

and updated following the treatment demonstration. The land

treatment program must address the following items:

(A) The wastes to be land treated;

(B) Design measures and operating practices necessary

to maximize treatment in accordance with WAC 173-303-

655 (4)(a) including:

(I) Waste application method and rate;

(II) Measures to control soil pH;

(III) Enhancement of microbial or chemical reactions;

and

(IV) Control of moisture content;

(C) Provisions for unsaturated zone monitoring, including:

(I) Sampling equipment, procedures, and frequency;

(II) Procedures for selecting sampling locations;

(III) Analytical procedures;

(IV) Chain of custody control;

(V) Procedures for establishing background values;

(VI) Statistical methods for interpreting results; and

(VII) The justification for any dangerous constituents

recommended for selection as principal dangerous constituents, in accordance with the criteria for such selection in

WAC 173-303-655 (6)(a);

(D) A list of dangerous constituents reasonably expected

to be in, or derived from, the wastes to be land treated based

on waste analysis performed pursuant to WAC 173-303-300;

(E) The proposed dimensions of the treatment zone;

(iii) A description of how the unit is or will be designed,

constructed, operated, and maintained in order to meet the

requirements of WAC 173-303-655(4). This submission

must address the following items:

(A) Control of run-on;

(B) Collection and control of runoff;

(C) Minimization of runoff of dangerous constituents

from the treatment zone;

(D) Management of collection and holding facilities

associated with run-on and runoff control systems;

(E) Periodic inspection of the unit. This information

should be included in the inspection plan submitted under

(a)(v) of this subsection; and

(F) Control of wind dispersal of particulate matter, if

applicable;

(iv) If food-chain crops are to be grown in or on the treatment zone of the land treatment unit, a description of how the

demonstration required under WAC 173-303-655(5) will be

conducted including:

(A) Characteristics of the food-chain crop for which the

demonstration will be made;

(B) Characteristics of the waste, treatment zone, and

waste application method and rate to be used in the demonstration;

(C) Procedures for crop growth, sample collection, sample analysis, and data evaluation;

(D) Characteristics of the comparison crop including the

location and conditions under which it was or will be grown;

and

(E) If cadmium is present in the land treated waste, a

description of how the requirements of WAC 173-303-655

(5)(b) will be complied with;

(v) A description of the vegetative cover to be applied to

closed portions of the facility, and a plan for maintaining

such cover during the post-closure care period, as required

under WAC 173-303-655 (8)(a)(viii) and (c)(ii). This information should be included in the closure plan and, where

applicable, the post-closure care plan submitted under

(a)(xiii) of this subsection;

(vi) If ignitable or reactive wastes will be placed in or on

the treatment zone, an explanation of how the requirements

of WAC 173-303-655(9) will be complied with; and

(vii) If incompatible wastes, or incompatible wastes and

materials, will be placed in or on the same treatment zone, an
Dangerous Waste Regulations 173-303-806

(6/30/09) [Ch. 173-303 WACóp. 185]

explanation of how WAC 173-303-655(10) will be complied

with.

(viii) Where applicable, a waste management plan for

Dangerous Waste Nos. F020, F021, F022, F023, F026, or

F027 describing how a land treatment facility is or will be

designed, constructed, operated, and maintained to meet the

requirements of WAC 173-303-655(12). This submission

must address the following items as specified in WAC 173-

303-655(12):

(A) The volume, physical, and chemical characteristics

of the wastes, including their potential to migrate through soil

or to volatilize or escape into the atmosphere;

(B) The attenuative properties of underlying and surrounding soils or other materials;

(C) The mobilizing properties of other materials codisposed with these wastes; and

(D) The effectiveness of additional treatment, design, or

monitoring techniques.

(h) Specific Part B information requirements for landfills. Except as otherwise provided in WAC 173-303-600(3),

owners and operators of facilities that dispose of dangerous

waste in landfills must provide the following additional information;

(i) A list of the dangerous wastes placed or to be placed

in each landfill or landfill cell;

(ii) Detailed plans and an engineering report describing

how the landfill is designed, and is or will be constructed,

operated and maintained to comply with the requirements of

WAC 173-303-335, 173-303-665 (2), (8) and (9) addressing

the following items:

(A)(I) The liner system (except for an existing portion of

a landfill), if the landfill must meet the requirements of WAC

173-303-665 (2)(a), including the licensed engineer's certification required by WAC 173-303-665 (2)(a)(i). If an exemption from the requirements for a liner and a leachate collection and removal system is sought, as provided by WAC 173-

303-665 (2)(b), submit detailed plans and engineering and

hydrogeologic reports, as appropriate, describing alternate

designs and operating practices that will, in conjunction with

location aspects, prevent the migration of any dangerous constituent into the ground water or surface water at any future

time;

(II) The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the

requirements of WAC 173-303-665 (2)(h). If an exemption

from the requirements for double liners and a leak detection,

collection, and removal system or alternative design is sought

as provided by WAC 173-303-665 (2)(j), (k) or (l), submit

appropriate information;

(III) If the leak detection system is located in a saturated

zone, submit detailed plans and an engineering report

explaining the leak detection system design and operation,

and the location of the saturated zone in relation to the leak

detection system;

(IV) The construction quality assurance (CQA) plan if

required under WAC 173-303-335;

(V) Proposed action leakage rate, with rationale, if

required under WAC 173-303-665(8), and response action

plan, if required under 173-303-665(9);

(B) Control of run-on;

(C) Control of runoff;

(D) Management of collection and holding facilities

associated with run-on and runoff control systems; and

(E) Control of wind dispersal of particulate matter,

where applicable;

(iii) Reserve.

(iv) A description of how each landfill, including the

double liner system, leachate collection and removal system,

cover systems, and appurtenances for control for run-on and

runoff will be inspected in order to meet the requirements of

WAC 173-303-665(4). This information must be included in

the inspection plan submitted under (a)(v) of this subsection;

(v) Detailed plans and an engineering report describing

the final cover which will be applied to each landfill or landfill cell at closure in accordance with WAC 173-303-665

(6)(a), and a description of how each landfill will be maintained and monitored after closure in accordance with WAC

173-303-665 (6)(b) and (c). This information should be

included in the closure and post-closure plans submitted

under (a)(xiii) of this subsection;

(vi) If incompatible wastes, or incompatible wastes and

materials will be landfilled, an explanation of how WAC

173-303-665(7) will be complied with;

(vii) A description of how each landfill will be designed

and operated in order to comply with WAC 173-303-140.

(i) Specific Part B information requirements for miscellaneous units. Except as otherwise provided in WAC 173-

303-680(1), owners and operators of facilities that treat,

store, or dispose of dangerous waste in miscellaneous units

must provide the following additional information:

(i) A detailed description of the unit being used or proposed for use, including the following:

(A) Physical characteristics, materials of construction,

and dimensions of the unit;

(B) Detailed plans and engineering reports describing

how the unit will be located, designed, constructed, operated,

maintained, monitored, inspected, and closed to comply with

the requirements of WAC 173-303-680 (2) and (3); and

(C) For disposal units, a detailed description of the plans

to comply with the post-closure requirements of WAC 173-

303-680(4).

(ii) Detailed hydrologic, geologic, and meteorologic

assessments and land-use maps for the region surrounding

the site that address and ensure compliance of the unit with

each factor in the environmental performance standards of

WAC 173-303-680(2). If the applicant can demonstrate that

he does not violate the environmental performance standards

of WAC 173-303-680(2) and the department agrees with

such demonstration, preliminary hydrologic, geologic, and

meteorologic assessments will suffice.

(iii) Information on the potential pathways of exposure

of humans or environmental receptors to dangerous waste or

dangerous constituents and on the potential magnitude and

nature of such exposures.

(iv) For any treatment unit, a report on a demonstration

of the effectiveness of the treatment based on laboratory or

field data.

(v) Any additional information determined by the

department to be necessary for evaluation of compliance of

the unit with the environmental performance standards of

WAC 173-303-680(2).
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[Ch. 173-303 WACóp. 186] (6/30/09)

(j) Specific Part B information requirements for process

vents. Except as otherwise provided in WAC 173-303-

600(3), owners and operators of facilities that have process

vents to which WAC 173-303-690 applies must provide the

following additional information:

(i) For facilities that cannot install a closed-vent system

and control device to comply with the provisions of WAC

173-303-690 on the effective date that the facility becomes

subject to the provisions of WAC 173-303-690 or 40 CFR

265 Subpart AA incorporated by reference at WAC 173-303-

400 (3)(a), an implementation schedule as specified in 40

CFR section 264.1033 (a)(2).

(ii) Documentation of compliance with the process vent

standards in 40 CFR section 264.1032, including:

(A) Information and data identifying all affected process

vents, annual throughput and operating hours of each affected

unit, estimated emission rates for each affected vent and for

the overall facility (i.e., the total emissions for all affected

vents at the facility), and the approximate location within the

facility of each affected unit (e.g., identify the dangerous

waste management units on a facility plot plan).

(B) Information and data supporting estimates of vent

emissions and emission reduction achieved by add-on control

devices based on engineering calculations or source tests. For

the purpose of determining compliance, estimates of vent

emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the

waste management unit is operating at the highest load or

capacity level reasonably expected to occur.

(C) Information and data used to determine whether or

not a process vent is subject to the requirements of 40 CFR

section 264.1032.

(iii) Where an owner or operator applies for permission

to use a control device other than a thermal vapor incinerator,

catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the

requirements of 40 CFR 264.1032, and chooses to use test

data to determine the organic removal efficiency or the total

organic compound concentration achieved by the control

device, a performance test plan as specified in 40 CFR

264.1035 (b)(3).

(iv) Documentation of compliance with 40 CFR

264.1033, including:

(A) A list of all information references and sources used

in preparing the documentation.

(B) Records, including the dates, of each compliance test

required by 40 CFR 264.1033(k).

(C) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the

appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference at WAC 173-

303-110 (3)(g)(viii)) or other engineering texts acceptable to

the department that present basic control device design information. The design analysis must address the vent stream

characteristics and control device operation parameters as

specified in 40 CFR 264.1035 (b)(4)(iii).

(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the

design analysis reasonably represent the conditions that exist

when the dangerous waste management unit is or would be

operating at the highest load or capacity level reasonably

expected to occur.

(E) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at

an efficiency of 95 weight percent or greater unless the total

organic emission limits of 40 CFR 264.1032(a) for affected

process vents at the facility can be attained by a control

device involving vapor recovery at an efficiency less than 95

weight percent.

(k) Specific Part B information requirements for equipment. Except as otherwise provided in WAC 173-303-

600(3), owners and operators of facilities that have equipment to which WAC 173-303-691 applies must provide the

following additional information:

(i) For each piece of equipment to which WAC 173-303-

691 applies:

(A) Equipment identification number and dangerous

waste management unit identification.

(B) Approximate locations within the facility (e.g., identify the dangerous waste management unit on a facility plot

plan).

(C) Type of equipment (e.g., a pump or pipeline valve).

(D) Percent by weight total organics in the hazardous

waste stream at the equipment.

(E) Hazardous waste state at the equipment (e.g.,

gas/vapor or liquid).

(F) Method of compliance with the standard (e.g.,

"monthly leak detection and repair" or "equipped with dual

mechanical seals").

(ii) For facilities that cannot install a closed-vent system

and control device to comply with the provisions of WAC

173-303-691 on the effective date that the facility becomes

subject to the provisions of WAC 173-303-691 or 40 CFR

Part 265 Subpart BB incorporated by reference at WAC 173-

303-400 (3)(a), an implementation schedule as specified in

40 CFR 264.1033 (a)(2).

(iii) Where an owner or operator applies for permission

to use a control device other than a thermal vapor incinerator,

catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test

data to determine the organic removal efficiency or the total

organic compound concentration achieved by the control

device, a performance test plan as specified in 40 CFR section 264.1035 (b)(3).

(iv) Documentation that demonstrates compliance with

the equipment standards in 40 CFR sections 264.1052 to

264.1059. This documentation will contain the records

required under 40 CFR 264.1064. The department may

request further documentation before deciding if compliance

has been demonstrated.

(v) Documentation to demonstrate compliance with 40

CFR section 264.1060 will include the following information:

(A) A list of all information references and sources used

in preparing the documentation.

(B) Records, including the dates, of each compliance test

required by 40 CFR 264.1033(j).

(C) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the

appropriate sections of "ATPI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in
Dangerous Waste Regulations 173-303-806

(6/30/09) [Ch. 173-303 WACóp. 187]

WAC 173-303-110 (3)(g)(viii)) or other engineering texts

acceptable to the department that present basic control device

design information. The design analysis must address the

vent stream characteristics and control device operation

parameters as specified in 40 CFR 264.1035 (b)(4)(iii).

(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the

design analysis reasonably represent the conditions that exist

when the dangerous waste management unit is operating at

the highest load or capacity level reasonably expected to

occur.

(E) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at

an efficiency of 95 weight percent or greater.

(l) Special Part B information requirements for drip

pads.

Except as otherwise provided by WAC 173-303-600(3),

owners and operators of dangerous waste treatment, storage,

or disposal facilities that collect, store, or treat hazardous

waste on drip pads must provide the following additional

information:

(i) A list of hazardous wastes placed or to be placed on

each drip pad.

(ii) If an exemption is sought to WAC 173-303-645, as

provided by WAC 173-303-645(1), detailed plans and an

engineering report describing how the requirements of WAC

173-303-645 (1)(b) will be met.

(iii) Detailed plans and an engineering report describing

how the drip pad is or will be designed, constructed, operated

and maintained to meet the requirements of WAC 173-303-

675(4), including the as-built drawings and specifications.

This submission must address the following items as specified in WAC 173-303-675(2):

(A) The design characteristics of the drip pad;

(B) The liner system;

(C) The leakage detection system, including the leak

detection system and how it is designed to detect the failure

of the drip pad or the presence of any releases of hazardous

waste or accumulated liquid at the earliest practicable time;

(D) Practices designed to maintain drip pads;

(E) The associated collection system;

(F) Control of run-on to the drip pad;

(G) Control of runoff from the drip pad;

(H) The interval at which drippage and other materials

will be removed from the associated collection system and a

statement demonstrating that the interval will be sufficient to

prevent overflow onto the drip pad;

(I) Procedures for cleaning the drip pad at least once

every seven days to ensure the removal of any accumulated

residues of waste or other materials, including but not limited

to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the

date, time, and cleaning procedure used each time the pad is

cleaned.

(J) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste

constituents off the drip pad due to activities by personnel or

equipment is minimized;

(K) Procedures for ensuring that, after removal from the

treatment vessel, treated wood from pressure and nonpressure processes is held on the drip pad until drippage has

ceased, including recordkeeping practices;

(L) Provisions for ensuring that collection and holding

units associated with the run-on and runoff control systems

are emptied or otherwise managed as soon as possible after

storms to maintain design capacity of the system;

(M) If treatment is carried out on the drip pad, details of

the process equipment used, and the nature and quality of the

residuals.

(N) A description of how each drip pad, including appurtenances for control of run-on and runoff, will be inspected in

order to meet the requirements of WAC 173-303-675(4).

This information should be included in the inspection plan

submitted under (a)(v) of this subsection.

(O) A certification signed by an independent qualified,

registered professional engineer, stating that the drip pad

design meets the requirements of WAC 173-303-675 (4)(a)

through (f).

(P) A description of how hazardous waste residues and

contaminated materials will be removed from the drip pad at

closure, as required under WAC 173-303-675 (6)(a). For any

waste not to be removed from the drip pad upon closure, the

owner or operator must submit detailed plans and an engineering report describing how WAC 173-303-665(6) will be

complied with. This information should be included in the

closure plan and, where applicable, the post-closure plan submitted under (a)(xiii) of this subsection.

(m) Specific Part B information requirements for air

emission controls for tanks, surface impoundments, and containers (Subpart CC) at 40 CFR 270.27 are incorporated by

reference.

(n) When an owner or operator of a cement or lightweight aggregate kiln demonstrates compliance with the air

emission standards and limitations in 40 CFR part 63, subpart

EEE (i.e., by conducting a comprehensive performance test

and submitting a Notification of Compliance under 40 CFR

63.1207(j) and 63.1210(b) documenting compliance with all

applicable requirements of part 63, subpart EEE), the requirements of this subsection do not apply, except those provisions

the director determines are necessary to ensure compliance

with 40 CFR 266.102 (e)(1) and 266.102 (e)(2)(iii) if you

elect to comply with 40 CFR 270.235 (a)(1)(i), which is

incorporated by reference at WAC 173-303-841, to minimize

emissions of toxic compounds from startup, shutdown, and

malfunction events. Nevertheless, the director may apply the

provisions of this subsection, on a case-by-case basis, for

purposes of information collection in accordance with WAC

173-303-800(11) and 173-303-815 (2)(b)(ii).

(5) Construction. A person may begin physical construction of a new facility, or of new portions of an existing facility if the new portions would amount to reconstruction under

interim status (WAC 173-303-805(7)), only after complying

with WAC 173-303-281, submitting Part A and Part B of the

permit application and receiving a final facility permit. All

permit applications must be submitted at least one hundred

eighty days before physical construction is expected to begin.

(6) Reapplications. Any dangerous waste facility with an

effective final facility permit must submit a new application

one hundred eighty days prior to the expiration date of the

effective permit, unless the department grants a later date
173-303-806 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 188] (6/30/09)

provided that such date will never be later than the expiration

date of the effective permit.

Note: See public notice requirements at WAC 173-303-281(5).

(7) Continuation of expiring permits.

(a) When the owner/operator submits a timely application for a final facility permit and the application is determined by the department to be complete pursuant to subsection (8) of this section, the facility is allowed to continue

operating under the expiring or expired permit until the effective date of the new permit.

(b) When the facility is not in compliance with the conditions of the expiring or expired permit, the department may

choose to do any of the following:

(i) Initiate enforcement action based upon the permit

which has been continued;

(ii) Issue a notice of intent to deny the new permit. If the

permit is denied, the owner or operator would then be

required to cease the activities authorized by the continued

permit or be subject to enforcement action for operating without a permit;

(iii) Issue a new permit with appropriate conditions;

and/or

(iv) Take other actions authorized by this chapter.

(8) Completeness. The department will not issue a final

facility permit before receiving a complete application,

except for permits by rule or emergency permits. An application for a permit is complete when the department receives an

application form and any supplemental information which

are completed to the department's satisfaction. The department may consider an application for a permit to be complete

notwithstanding the failure of the owner or operator to submit

the exposure information described in subsection (12) of this

section. The department may deny a permit for the active life

of a dangerous waste management facility or unit before

receiving a complete application for a permit.

(9) Recordkeeping. Applicants must keep records of all

data used to complete the permit applications, and any supplemental information submitted to the department for a

period of at least three years from the date the application is

signed.

(10) General permit conditions. All final facility permits

will contain general permit conditions described in WAC

173-303-810.

(11) Permit duration.

(a) Final facility permits will be effective for a fixed term

not to exceed ten years.

(b) The department may issue any final facility permit

for a duration that is less than the full allowable term.

(c) The term of a final facility permit will not be

extended beyond ten years, unless otherwise authorized

under subsection (7) of this section.

(d) Each permit for a land disposal facility will be

reviewed by the department five years after the date of permit

issuance or reissuance and will be modified as necessary, as

provided in WAC 173-303-830(3).

(12) Exposure information. Any part B permit application submitted by an owner or operator of a facility that

stores, treats, or disposes dangerous waste in a surface

impoundment or a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on

the potential for the public to be exposed to dangerous wastes

or dangerous constituents through releases related to the unit.

At a minimum, such information must address:

(a) Reasonably foreseeable potential releases from both

normal operations and accidents at the unit, including

releases associated with transportation to or from the unit;

(b) The potential pathways of human exposure to dangerous waste or constituents resulting from the releases

described under (a) of this subsection; and

(c) The potential magnitude and nature of the human

exposure resulting from such releases.

(13) Grounds for denial. A permit application will be

denied pursuant to the procedures in WAC 173-303-840 if it

is determined that the proposed location and/or activity

endangers public health and the environment as demonstrated

by the permit applicant's failure to satisfy the performance

standards of WAC 173-303-283.

(14) Permit changes. All final facility permits will be

subject to the requirements of permit changes, WAC 173-

303-830.

(15) Procedures for decision making. Issuance of final

facility permits will be subject to the procedures for decision

making described in WAC 173-303-840.

(16) Other requirements for final recycling facility permits. In lieu of issuing a final recycling facility permit, the

department may, after providing opportunity for public comment in accordance with WAC 173-303-840, defer to a permit already issued under other statutory authority administered by the department (such as the State Water Pollution

Control Act, chapter 90.48 RCW, the State Clean Air Act,

chapter 70.94 RCW, etc.) which incorporates the requirements of this section, and WAC 173-303-500 through 173-

303-525 for recycling facilities.

(17)(a) If the department concludes, based on one or

more of the factors listed in (a)(i) through (ix) of this subsection, that compliance with the standards of 40 CFR part 63,

subpart EEE alone may not be protective of human health or

the environment, the department will require the additional

information or assessment(s) necessary to determine whether

additional controls are necessary to ensure protection of

human health and the environment. This includes information necessary to evaluate the potential risk to human health

and/or the environment resulting from both direct and indirect exposure pathways. The department may also require a

permittee or applicant to provide information necessary to

determine whether such an assessment(s) should be required.

The department will base the evaluation of whether compliance with the standards of 40 CFR part 63, subpart EEE

alone is protective of human health or the environment on

factors relevant to the potential risk from a hazardous waste

combustion unit, including, as appropriate, any of the following factors:

(i) Particular site-specific considerations such as proximity to receptors (such as schools, hospitals, nursing homes,

day care centers, parks, community activity centers, or other

potentially sensitive receptors), unique dispersion patterns,

etc.;

(ii) Identities and quantities of emissions of persistent,

bioaccumulative or toxic pollutants considering enforceable

controls in place to limit those pollutants;
Dangerous Waste Regulations 173-303-807

(6/30/09) [Ch. 173-303 WACóp. 189]

(iii) Identities and quantities of nondioxin products of

incomplete combustion most likely to be emitted and to pose

significant risk based on known toxicities (confirmation of

which should be made through emissions testing);

(iv) Identities and quantities of other off-site sources of

pollutants in proximity of the facility that significantly influence interpretation of a facility-specific risk assessment;

(v) Presence of significant ecological considerations,

such as the proximity of a particularly sensitive ecological

area;

(vi) Volume and types of wastes, for example wastes

containing highly toxic constituents;

(vii) Other on-site sources of hazardous air pollutants

that significantly influence interpretation of the risk posed by

the operation of the source in question;

(viii) Adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to

affect risk; and

(ix) Such other factors as may be appropriate.

(b) Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-806, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-806, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-806, 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), ß 173-303-806, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-806, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-806, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-806, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-806,

filed 3/7/91, effective 4/7/91. Statutory Authority: RCW 43.21A.080 and

70.105.210 et seq. 90-20-016, ß 173-303-806, filed 9/21/90, effective

10/22/90. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-

24), ß 173-303-806, filed 1/4/89; 88-18-083 (Order 88-29), ß 173-303-806,

filed 9/6/88; 88-07-039 (Order 87-37), ß 173-303-806, filed 3/11/88; 87-14-

029 (Order DE-87-4), ß 173-303-806, filed 6/26/87; 86-12-057 (Order DE85-10), ß 173-303-806, filed 6/3/86; 84-09-088 (Order DE 83-36), ß 173-

303-806, filed 4/18/84.]

173-303-807 WAC 173-303-807 Trial burns for dangerous waste

incinerator final facility permits. When an owner or operator of a dangerous waste incineration unit becomes subject to

dangerous waste permit requirements after October 12, 2005,

or when an owner or operator of an existing dangerous waste

incineration unit demonstrates compliance with the air emission standards and limitations in 40 CFR part 63, subpart

EEE (that is, by conducting a comprehensive performance

test and submitting a Notification of Compliance under

63.1207(j) and 63.1210(d) documenting compliance with all

applicable requirements of part 63, subpart EEE), the requirements of this section do not apply, except those provisions

the department determines are necessary to ensure compliance with WAC 173-303-670 (6)(a) and (c) if you elect to

comply with 40 CFR 270.235 (a)(1)(i), which is incorporated

by reference at WAC 173-303-841, to minimize emissions of

toxic compounds from startup, shutdown, and malfunction

events. Nevertheless, the department may apply the provisions of this section on a case-by-case basis, for purposes of

information collection in accordance with WAC 173-303-

800(11) and 173-303-815 (2)(b)(ii). 40 CFR part 63 subpart

EEE is incorporated by reference at WAC 173-400-075

(5)(a). Note that if you are subject to Part 63 you must get an

air permit from ecology or the local air authority.

(1) Purpose and applicability. For purposes of determining operational readiness and establishing conditions in final

facility permits for dangerous waste incinerators, the department may approve trial burns. Trial burns may not exceed

seven hundred twenty hours operating time, except that the

department may extend the duration of this operational

period once, up to seven hundred twenty additional hours, at

the request of the owner/operator of the incinerator when

good cause is shown. The permit may be modified to reflect

the extension according to WAC 173-303-830(4). The procedures for requesting and approving trial burns are described

in:

(a) Subsection (11) of this section for existing incinerators with interim status permits; and

(b) Subsection (13) of this section for new incinerators

and for incinerators with final facility permits in which the

owner/operator wishes to burn new wastes not currently

included in the permit.

(2) Trial burn plan. The trial burn must be conducted in

accordance with a trial burn plan prepared by the applicant

and approved by the department. The trial burn plan will then

become a condition of the permit and will include the following information:

(a) An analysis of each waste or mixture of waste to be

burned which includes:

(i) Heating value of the waste in the form and composition in which it will be burned;

(ii) Viscosity (if applicable), or description of physical

form of the waste, and specific gravity of the waste;

(iii) An analysis identifying any dangerous organic constituents listed in WAC 173-303-9905, and any other dangerous constituents which, although not listed, caused the waste

to be regulated as a dangerous waste, which are reasonably

expected to be present in the waste to be burned. The constituents excluded from analysis must be identified and the basis

for their exclusion stated. The waste analysis must rely on

analytical techniques specified or referenced in WAC 173-

303-110 (3)(a), or their equivalent as approved by the department;

(iv) An approximate quantification of the dangerous

constituents identified in the waste, within the precision produced by the analytical methods specified or referenced in

WAC 173-303-110 (3)(a); and

(v) A quantification of those dangerous constituents in

the waste which may be designated as principal organic dangerous constituents (PODC) based on data submitted from

other trial or operational burns which demonstrate compliance with the performance standard in WAC 173-303-

670(4);

(b) A detailed engineering description of the incinerator

for which the trial burn permit is sought including:

(i) Manufacturer's name and model number of incinerator (if available);

(ii) Type of incinerator;

(iii) Linear dimensions of the incinerator unit including

the cross sectional area of the combustion chamber;

(iv) Description of the auxiliary fuel system (type/feed);

(v) Capacity of the prime air mover;
173-303-807 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 190] (6/30/09)

(vi) Description of automatic waste feed cutoff system(s);

(vii) Stack gas monitoring and pollution control equipment;

(viii) Nozzle and burner design;

(ix) Construction materials; and

(x) Location and description of temperature, pressure,

and flow indicating and control devices;

(c) A detailed description of sampling and monitoring

procedures, including sampling and monitoring locations in

the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample

analysis;

(d) A detailed test schedule for each waste for which the

trial burn is planned including date(s), duration, quantity of

waste to be burned, and other factors relevant to the department's decision under subsection (5) of this section;

(e) A detailed test protocol, including, for each waste

identified, the ranges of temperature, waste feed rate, air feed

rate, use of auxiliary fuel, and other relevant parameters that

will be varied to affect the destruction and removal efficiency

of the incinerator;

(f) A description of, and planned operating conditions

for, any emission control equipment which will be used;

(g) Procedures for rapidly stopping waste feed, shutting

down the incinerator, and controlling emissions in the event

of an equipment malfunction;

(h) A detailed test protocol to sample and analyze the

following for designation under WAC 173-303-070:

(i) Any incinerator ash residue collected in the incinerator; and

(ii) Any residues collected in the air pollution control

devices; and

(i) Such other information as the department reasonably

finds necessary to determine whether to approve the trial

burn plan in light of the purposes of this section.

(3) Additional information required. The department, in

reviewing the trial burn plan, will evaluate the adequacy of

the information provided and may require the applicant to

supplement this information, if necessary, to achieve the purposes of this section.

(4) Trial PODCs. Based on the waste analysis data in the

trial burn plan, the department will specify as trial principal

organic dangerous constituents (trial PODCs) those constituents for which destruction and removal efficiencies must be

calculated during the trial burn. These trial PODCs will be

specified by the department based on its estimate of the difficulty of incineration of the constituents identified in the

waste analysis, the concentration or mass in the waste feed,

and the dangerous waste constituent or constituents identified

in WAC 173-303-9905, or identified as causing the waste to

be regulated as a dangerous waste.

(5) Approval of the plan. The department will approve a

trial burn plan if it finds that:

(a) The trial burn is likely to determine whether the

incinerator performance standard required by WAC 173-303-

670(4) can be met;

(b) The trial burn itself will not present an imminent hazard to public health or the environment;

(c) The trial burn will help the department to determine

operating requirements to be specified under WAC 173-303-

670(6); and

(d) The information sought in (a), (b), and (c) of this subsection cannot reasonably be developed through other means.

(6) The department must send a notice to all persons on

the facility mailing list as set forth in WAC 173-303-840

(3)(e)(i)(D) and to the appropriate units of state and local

government as set forth in WAC 173-303-840 (3)(e)(i)(E)

announcing the scheduled beginning and completion dates

for the trial burn. The applicant may not begin the trial burn

until after the department has issued such notice.

(a) This notice must be mailed within a reasonable time

period before the scheduled trial burn. An additional notice is

not required if the trial burn is delayed due to circumstances

beyond the control of the facility or the department.

(b) This notice must contain:

(i) The name and telephone number of the applicant's

contact person;

(ii) The name and telephone number of the department's

contact office;

(iii) The location where the approved trial burn plan and

any supporting documents can be reviewed and copied; and

(iv) An expected time period for beginning and completion of the trial burn.

(7) Trial burns. During each approved trial burn (or as

soon after the burn as is practicable), the applicant must make

the following determinations:

(a) A quantitative analysis of the trial PODCs in the

waste feed to the incinerator;

(b) A quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial PODCs, O2, hydrogen chloride (HC1), carbon monoxide (CO) and dangerous

combustion by-products, including the total mass emission

rate of by-products as a percent of the total mass feed rate of

PODCs fed to the incinerator;

(c) A quantitative analysis of the scrubber water (if any),

ash residues, and other residues, for the purpose of estimating

the fate of the trial PODCs and whether they are designated

according to WAC 173-303-070;

(d) A total mass balance of the trial PODCs in the waste;

(e) A computation of destruction and removal efficiency

(DRE), in accordance with the DRE formula specified in

WAC 173-303-670 (4)(a);

(f) If the HCl emission rate exceeds 1.8 kilograms of HCl

per hour (4 pounds per hour), a computation of HCl removal

efficiency in accordance with WAC 173-303-670 (4)(c)(i);

(g) A computation of particulate emissions, in accordance with WAC 173-303-670 (4)(c)(ii);

(h) An identification of sources of fugitive emissions and

their means of control;

(i) A measurement of average, maximum, and minimum

temperatures, and combustion gas velocity;

(j) A continuous measurement of carbon monoxide in the

exhaust gas;

(k) An identification of any existing air emission standards where a state or local air pollution control authority has

established emission standards and such standards are applicable to the incinerator; and

(l) Such other information as the department may specify

as necessary to ensure that the trial burn will determine com-
Dangerous Waste Regulations 173-303-807

(6/30/09) [Ch. 173-303 WACóp. 191]

pliance with the performance standard of WAC 173-303-

670(4), and to establish the operating conditions required by

WAC 173-303-670(6).

(8) Certification. The applicant must submit to the

department a certification that the trial burn has been carried

out in accordance with the approved trial burn plan, and must

submit the results of all determinations required by subsection (7) of this section. This submission must be made within

thirty days of the completion of the trial burn, or later if

approved by the department.

(9) Submission of data. All data collected during any

trial burn must be submitted to the department following the

completion of the trial burn.

(10) Signatures required. All submissions required under

this section must be certified on behalf of the applicant by the

signature of a person authorized to sign a permit application

under WAC 173-303-810(12).

(11) Based on the results of the trial burn, the department

will set the operating requirements in the final permit according to WAC 173-303-670(6). The permit modification will

proceed according to WAC 173-303-830(4).

(12) Existing incinerators with interim status permits.

(a) The owner/operator of an existing incinerator currently operating under an interim status permit may, when

required by the department (or when he chooses) to apply for

a final facility permit, request the department to approve of a

trial burn. The trial burn may be requested for the purposes of

determining feasibility of compliance with the performance

standards of WAC 173-303-670(4) and the operating conditions of WAC 173-303-670(6). If a trial burn is requested, the

owner/operator must prepare and submit a trial burn plan

and, upon approval by the department, perform a trial burn in

accordance with subsections (2) through (10) of this section.

(b) If the department approves the trial burn, it will issue

a notice of interim status modification granting such approval

and specifying the conditions applicable to the trial burn. The

notice of modification will be a condition of the interim status

permit. Note: The national emission standards for hazardous

air pollutants may require review for a notice of construction.

Owners and operators should consult chapter 173-400 WAC

or local air pollution control agency regulations for applicability.

(c) If the trial burn is approved before submitting a final

facility permit application, the owner/operator must complete the trial burn and submit the information described in

subsection (7) of this section, with Part B of the permit application. If completion of this process conflicts with the date

set for submission of Part B of the final facility permit application, the owner/operator must contact the department to

extend the date for submitting the Part B or the trial burn

results. If the applicant submits a trial burn plan with Part B

of the final facility permit application, the department will

specify in the notice of interim status modification issued

under (b) of this subsection, a time period for conducting the

trial burn and submitting the results. Trial burn results must

be submitted prior to the issuance of the permit.

(13) New incinerators and new wastes.

(a)(i) The owner/operator of a new incinerator may submit with Part B of a final facility permit application a request

for approval of a trial burn. This request must include a statement of why the trial burn is desirable, and a trial burn plan

prepared in accordance with subsection (2) of this section.

(ii) The department will proceed to issue a final facility

permit in accordance with WAC 173-303-806. The permit

will include the trial burn plan, and will establish operating

conditions for the trial burn including but not limited to those

described in WAC 173-303-670(6). The time period for conducting the trial burn and submitting the results will also be

specified in the permit.

(iii) After the trial burn has been completed and the

results submitted to the department, the final facility permit

will be modified in accordance with WAC 173-303-830(4) to

establish the final operating requirements and performance

standards for the incinerator.

(b) The owner/operator of an incinerator with a final

facility permit who wishes to burn new wastes not currently

included in his permit may request approval of a trial burn for

the new wastes. The request and approval will be handled in

the same way as described in (a) of this subsection, except

that in lieu of issuing an entirely new final facility permit the

department will modify the existing final facility permit in

accordance with WAC 173-303-830.

(14) For the purpose of determining feasibility of compliance with the performance standards of WAC 173-303-

670(4) and of determining adequate operating conditions

under WAC 173-303-670(6), the applicant for a permit for an

existing dangerous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance

with WAC 173-303-806 (4)(f) and subsections (2) through

(5) and (7) through (10) of this section or, instead, submit

other information as specified in WAC 173-303-806

(4)(f)(iii). The department must announce its intention to

approve the trial burn plan in accordance with the timing and

distribution requirements of subsection (6) of this section.

The contents of the notice must include: The name and telephone number of a contact person at the facility; the name

and telephone number of a contact office at the department;

the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the

activities that are required prior to permit issuance, including

the anticipated time schedule for department approval of the

plan and the time period during which the trial burn would be

conducted. Applicants submitting information under WAC

173-303-806 (4)(f)(i) are exempt from compliance with

WAC 173-303-670 (4) and (6) and, therefore, are exempt

from the requirement to conduct a trial burn. Applicants who

submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and

submit the results, specified in subsection (7) of this section,

with Part B of the permit application. If completion of this

process conflicts with the date set for submission of the Part

B application, the applicant must contact the department to

establish a later date for submission of the Part B application

or the trial burn results. Trial burn results must be submitted

prior to issuance of the permit. When the applicant submits a

trial burn plan with Part B of the permit application, the

department will specify a time period prior to permit issuance

in which the trial burn must be conducted and the results submitted.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-807, filed 6/30/09, effective 7/31/09. Statutory
173-303-808 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 192] (6/30/09)

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-807, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-807, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-807, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-807, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-807, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-807,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

84-09-088 (Order DE 83-36), ß 173-303-807, filed 4/18/84.]

173-303-808 WAC 173-303-808 Demonstrations for dangerous

waste land treatment final facility permits. (1) Purpose and

applicability. This section is applicable to the owner/operator

of a land treatment facility who must demonstrate that his

proposed treatment will be successful. The purpose of this

section is to allow the department to issue a land treatment

demonstration permit.

(2) Permit issuance. The department may issue a land

treatment demonstration permit either in advance of or as part

of a final facility permit so that the owner/operator of a land

treatment facility can make the demonstration required in

WAC 173-303-655(3). If issued in advance of the final facility permit, the land treatment demonstration permit will be

issued as described in subsection (3) of this section, as a demonstration permit only. If issued as part of the final facility

permit, the land treatment demonstration and final facility

permit will be issued as described in subsection (4) of this

section, as a phased permit. The determination for which procedure to follow will be made by the department based on the

information submitted by the owner/operator in Part B of the

final facility permit application.

(3) Demonstration permit only.

(a) If the department finds that the Part B does not contain enough information regarding the proposed treatment to

allow the department to establish permit conditions necessary

for compliance with all requirements of WAC 173-303-655,

it may issue a land treatment demonstration permit only. The

demonstration permit will be issued in accordance with the

decision-making procedures of WAC 173-303-840. The

demonstration permit may be issued either as a treatment or

disposal permit, will cover only the field test or laboratory

analyses, will contain only those requirements necessary to

meet the standards in WAC 173-303-655(3), and will provide

a specific time period for the demonstration. The department

may extend the demonstration period as a modification (or

minor modification, if applicable) to the demonstration permit.

(b) Within thirty days (unless the department approves a

later date) of the end of the treatment demonstration, the

owner/operator must submit a revised Part B to the department containing the results of the field tests or laboratory

analyses and all data developed during the demonstration

period. The department will then use the information and Part

B to determine whether or not there is adequate information

to issue a final facility permit which will incorporate conditions sufficient to provide compliance with all requirements

of WAC 173-303-655. If the information is adequate, the

department will proceed under WAC 173-303-806 to issue a

final facility permit. If the information is not adequate, the

department may, as the situation warrants, either issue a modification to the demonstration permit in accordance with the

procedures of subsection (3)(a) of this section, or deny the

final facility permit application.

(4) Phased permit.

(a) The department may issue a two-phase final facility

permit if it finds that, based on information submitted in Part

B of the permit application, substantial (although incomplete

and inconclusive) information exists upon which to base the

issuance of a final facility permit. The phased permit will be

issued in the same manner as a final facility permit under

WAC 173-303-806, except that it will contain a first phase

for making a land treatment demonstration, and a second

phase (to become effective after completion of the first

phase) for establishing conditions for operation of the land

treatment facility.

(b) If the department finds that a phased permit may be

issued, it will establish, as requirements in the first phase of

the facility permit, conditions for conducting the field tests or

laboratory analyses. These permit conditions will include

design and operating parameters (including the duration of

the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring

procedures, post-demonstration cleanup activities, and any

other conditions which the department finds may be necessary under WAC 173-303-655 (3)(c). The department will

include conditions in the second phase of the facility permit

to attempt to meet all WAC 173-303-655 requirements pertaining to unit design, construction, operation, and maintenance. The department will establish these conditions in the

second phase of the permit based upon the substantial but

incomplete or inconclusive information contained in the Part

B application.

(i) The first phase of the permit will be effective as provided in WAC 173-303-840 (8)(b).

(ii) The second phase of the permit will be effective as

provided in (d) of this subsection.

(c) When the owner or operator who has been issued a

two-phase permit has completed the treatment demonstration, he must submit to the department a certification, signed

by a person authorized to sign a permit application or report

under WAC 173-303-810(12), that the field tests or laboratory analyses have been carried out in accordance with the

conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator must also

submit all data collected during the field tests or laboratory

analyses within thirty days of completion of those tests or

analyses unless the department approves a later date.

(d) If the department determines that the results of the

field tests or laboratory analyses meet the requirements of

WAC 173-303-655(3), it will modify the second phase of the

permit to incorporate any requirements necessary for operation of the facility in compliance with WAC 173-303-655,

based upon the results of the field tests or laboratory analyses.

(i) This permit modification may proceed under WAC

173-303-830(4) or otherwise will proceed as a modification

under WAC 173-303-830 (3)(a)(ii). If such modifications are

necessary, the second phase of the permit will become effective only after those modifications have been made.

(ii) If no modifications of the second phase of the permit

are necessary, the department will give notice of its final

decision to the permit applicant and to each person who sub-
Dangerous Waste Regulations 173-303-810

(6/30/09) [Ch. 173-303 WACóp. 193]

mitted written comments on the phased permit or who

requested notice of the final decision on the second phase of

the permit. The second phase of the permit then will become

effective as specified in WAC 173-303-840 (8)(b).

(iii) Reserve.

(e) If the department determines that the results of the

field tests or laboratory analyses do not meet the requirements of WAC 173-303-655(3), the second phase of the permit will not become effective, and the department will, as the

situation warrants, either:

(i) Modify the permit according to WAC 173-303-

830(3) to allow for additional field tests or laboratory analyses; or

(ii) Proceed to terminate the permit according to WAC

173-303-840.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-808, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-808,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

84-09-088 (Order DE 83-36), ß 173-303-808, filed 4/18/84.]

173-303-809

WAC 173-303-809 Research, development and demonstration permits. (1) The department may issue a

research, development, and demonstration permit for any

dangerous waste treatment facility which proposes to utilize

an innovative and experimental dangerous waste treatment

technology or process for which permit standards for such

experimental activity have not been promulgated under WAC

173-303-500 through 173-303-695. Any such permit will

include such terms and conditions as will assure protection of

human health and the environment. Such permits:

(a) Will provide for the construction of such facilities as

necessary, and for operation of the facility for not longer than

one year unless renewed as provided in subsection (4) of this

section; and

(b) Will provide for the receipt and treatment by the

facility of only those types and quantities of dangerous waste

which the department deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and

(c) Will include such requirements as the department

deems necessary to protect human health and the environment (including, but not limited to, requirements regarding

monitoring, operation, financial responsibility, closure, and

remedial action), and such requirements as the department

deems necessary regarding testing and providing of information to the department with respect to the operation of the

facility.

(2) For the purpose of expediting review and issuance of

permits under this section, the department may, consistent

with the protection of human health and the environment,

modify or waive permit application and permit issuance

requirements in WAC 173-303-800 through 173-303-840

except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance)

or of procedures regarding public participation.

(3) The department may order an immediate termination

of all operations at the facility at any time it determines that

termination is necessary to protect human health and the

environment.

(4) Any permit issued under this section may be renewed

not more than three times. Each such renewal will be for a

period of not more than one year.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-809, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

809, filed 6/26/87; 84-14-031 (Order DE 84-22), ß 173-303-809, filed

6/27/84.]

173-303-810 WAC 173-303-810 General permit conditions. (1)

Purpose and applicability. This section sets forth the general

permit conditions that are applicable to all permits, except

interim status permits and permits by rule, to assure compliance with this chapter. If the conditions of this section are

incorporated in a permit by reference, a specific citation to

this section must be given in the permit.

(2) Duty to comply. The permittee must comply with all

conditions of his permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; for

permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee need not comply with the conditions of his permit to

the extent and for the duration such noncompliance is authorized in an emergency permit.

(3) Duty to reapply. If the permittee wishes to continue

an activity regulated by the permit after its expiration date,

the permittee must apply for and obtain a new permit.

(4) Duty to halt or reduce activity. A permittee who has

not complied with his permit, and who subsequently is subject to enforcement actions, may not argue that it would have

been necessary to halt or reduce the permitted activities in

order to maintain compliance with the conditions of the permit.

(5) Duty to mitigate. The permittee must take all steps

required by the department to minimize or correct any

adverse impact on the environment resulting from noncompliance with the permit.

(6) Proper operation and maintenance. The permittee

must at all times properly operate and maintain all facilities

and systems of treatment and control which are installed or

used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance

includes effective performance, adequate funding, adequate

operator staffing and training, and adequate laboratory and

process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or

auxiliary facilities or similar systems only when necessary to

achieve compliance with the conditions of the permit.

(7) Permit actions. The permit may be modified, revoked

and reissued, or terminated for cause. The filing of a request

by the permittee for a permit modification, revocation and

reissuance, termination, notification of planned changes, or

anticipated noncompliance, does not stay any permit condition.

(8) Effect of a permit.

(a) Compliance with a final facility permit during its

term constitutes compliance for the purpose of enforcement

with chapter 173-303 WAC except for permit modifications

and those requirements not included in the permit that:
173-303-810 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 194] (6/30/09)

(i) Become effective by statute;

(ii) Are adopted under 40 CFR Part 268 restricting the

placement of dangerous waste in or on the land;

(iii) Are adopted under WAC 173-303-650 through 173-

303-665 regarding leak detection systems for new and

replacement surface impoundment, waste pile, and landfill

units, and lateral expansions of surface impoundment, waste

pile, and landfill units. The leak detection system requirements include double liners, CQA programs, monitoring,

action leakage rates, and response action plans, and will be

implemented through the procedures of WAC 173-303-830

Class 11 permit modifications; or

(iv) Are adopted under 40 CFR Subparts AA, BB, or CC

which are incorporated by reference at WAC 173-303-400

(3)(a) limiting air emissions.

(b) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

(c) The issuance of a permit does not authorize any

injury to persons or property or invasion of other private

rights, or any infringement of state or local laws or regulations.

(9) Duty to provide information. The permittee must furnish to the department, within a reasonable time, any information which it may request to determine whether cause

exists for modifying, revoking and reissuing, or terminating a

permit, or to determine compliance with a permit. The permittee must also furnish to the department, upon request,

copies of records required to be kept by the permit.

(10) Inspection and entry. The permittee must allow representatives of the department, upon the presentation of

proper credentials, to:

(a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where

records must be kept under the conditions of the permit;

(b) Have access to and copy, at reasonable times, any

records that must be kept under the conditions of the permit;

(c) Inspect at reasonable times any facilities, equipment

(including monitoring and control equipment), practices, or

operations regulated or required under the permit; and

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by chapter 173-303 WAC, any substances or parameters at any location.

(11) Monitoring and monitoring records.

(a) Reserve.

(b) Samples and measurements taken for the purpose of

monitoring must be representative of the monitored activity.

(c) The permittee must retain records of all monitoring

information, including all calibration and maintenance

records and all original strip chart recordings for continuous

monitoring instrumentation, copies of all reports required by

this permit, the certification required by WAC 173-303-380

(1)(q), and records of all data used to complete the application for this permit, for a period of at least three years from

the date of the sample, measurement, report, or application.

This period may be extended by request of the department at

any time.

(d) Records of monitoring information must include:

(i) The date, exact place, and time of sampling or measurements;

(ii) The individual(s) who performed the sampling or

measurements;

(iii) The date(s) analyses were performed;

(iv) The individual(s) who performed the analyses;

(v) The analytical techniques or methods used; and

(vi) The results of such analyses.

(e) The permittee must maintain records from all ground

water monitoring wells and associated ground water surface

elevations for the active life of the facility, and for disposal

facilities for the post-closure period as well.

(12) Signatory requirement. All applications, reports, or

information submitted to the department must be signed in

accordance with this subsection and must be certified according to subsection (13) of this section.

(a) Applications. When a dangerous waste facility is

owned by one person, but is operated by another person, then

the operator will be the permit applicant and responsible for

developing the permit application and all accompanying

materials, except that the owner must also sign and certify the

permit application. Permit applications must be signed as follows:

(i) For a corporation: By a responsible corporate officer.

For the purposes of this subsection, a responsible corporate

officer means:

(A) A president, secretary, treasurer, or vice president of

the corporation in charge of a principal business function, or

any other person who performs similar policy or decisionmaking functions for the corporation; or

(B) The manager of one or more manufacturing, production or operating facilities employing more than two hundred

fifty persons or having gross annual sales or expenditures

exceeding twenty-five million dollars (in second-quarter

1980 dollars), if authority to sign documents has been

assigned or delegated to the manager in accordance with corporate procedures;

(ii) For a partnership or sole proprietorship: By a general

partner or the proprietor, respectively; or

(iii) For a municipality, state, federal, or other public

agency: By either a principal executive officer or ranking

elected official. For purposes of this subsection, a principal

executive officer of a federal agency includes:

(A) The chief executive officer of the agency; or

(B) A senior executive officer having responsibility for

the overall operations of a principal geographic unit of the

agency.

(b) Reports. All reports required by permits and other

information requested by the department must be signed by a

person described in (a) of this subsection, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(i) The authorization is made in writing by a person

described in (a) of this subsection;

(ii) The authorization specifies either an individual or a

position having responsibility for overall operation of the

regulated facility or activity such as the position of plant

manager, operator of a well or a well field, superintendent, or

position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(iii) The written authorization is submitted to the department.
Dangerous Waste Regulations 173-303-810

(6/30/09) [Ch. 173-303 WACóp. 195]

(c) Changes to authorization. If an authorization under

(b) of this subsection is no longer accurate because a different

individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the

requirements of (b) of this subsection must be submitted to

the department prior to or together with any reports, information, or applications to be signed by an authorized representative.

(13) Certification.

(a) Except as provided in (b) of this subsection, any person signing the documents required under (a) or (b) of subsection (12) of this section must make the following certification:

"I certify under penalty of law that this document and all

attachments were prepared under my direction or supervision

in accordance with a system designed to assure that qualified

personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who

manage the system, or those persons directly responsible for

gathering the information, the information submitted is, to

the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine

and imprisonment for knowing violations."

(b) When a dangerous waste facility is owned by one

person, but is operated by another person, then the permit

application must be certified as follows:

(i) The operator must make the certification described

under (a) of this subsection; and

(ii) The owner must make the following certification:

"I certify under penalty of law that I own the real property described in, and am aware of the contents of, this permit

application, and that I have received a copy of this application. As owner of the real property, I understand that I am

responsible for complying with any requirements of chapter

173-303 WAC with which only I am able to comply, and that

there are significant penalties for failure to comply with such

requirements."

(14) Reporting. The following reports must be provided:

(a) Planned changes. The permittee must give notice to

the department as soon as possible of any planned physical

alterations or additions to the permitted facility. For a new

TSD facility and for a facility being modified, the permittee

may not treat, store, or dispose of dangerous waste in the new

or modified portion of the facility until:

(i) The permittee has submitted to the department by certified mail or hand delivery a letter signed by the permittee

and a registered professional engineer stating that the facility

has been constructed or modified in compliance with the permit; and either

(Note: In certifying construction or modification, the independent

qualified registered professional engineer is responsible

only for certifying those portions of the facility which are

identified in chapter 173-303 WAC as specifically requiring

certification by an independent registered professional

engineer.)

(ii) The department has inspected the modified or newly

constructed facility and finds it is in compliance with the conditions of the permit; or

(iii) Within fifteen days of the date of submission of the

letter, the permittee has not received notice from the department of its intent to inspect, prior inspection is waived and

the permittee may commence treatment, storage, or disposal

of dangerous waste.

(b) Anticipated noncompliance. The permittee must give

advance notice to the department of any planned changes in

the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of dangerous waste;

and for a facility being modified, the permittee may not treat,

store, or dispose of dangerous waste in the modified portion

of the facility except as provided in WAC 173-303-830(4).

(c) Transfers. The permit is not transferable to any person except after notice to the department. The department

may require modification or revocation and reissuance of the

permit to change the name of the permittee and incorporate

such other requirements as may be necessary.

(d) Monitoring reports. Monitoring results (including

monitoring of the facility's impacts as required by the applicable sections of this chapter) must be reported at the intervals specified elsewhere in the permit.

(e) Compliance schedules. Reports of permit compliance

or noncompliance or any progress reports on interim and

final permit requirements contained in any compliance

schedule must be submitted no later than fourteen days following each scheduled date.

(f) Immediate reporting. The permittee must immediately report any noncompliance which may endanger health

or the environment. Information must be provided orally to

the department as soon as the permittee becomes aware of the

circumstances. A written submission must also be provided

within five days of the time the permittee becomes aware of

the circumstances provided that the department may waive

the written submission requirement in favor of a written

report, to be submitted within fifteen days. The written submission must contain a description of the noncompliance and

its cause; the period of noncompliance, including exact dates

and times, and if the noncompliance has not been corrected,

the anticipated time it is expected to continue; and steps taken

or planned to reduce, eliminate, and prevent reoccurrence of

the noncompliance.

Information which must be reported immediately must

include:

(i) Release of dangerous waste that may cause an endangerment to drinking water supplies or ground or surface

waters;

(ii) Any information of a release or discharge of dangerous waste, fire, or explosion from the permitted facility

which could threaten the environment or human health outside the facility;

(iii) The following description of any such occurrence:

(A) Name, address, and telephone number of the owner

or operator;

(B) Name, address, and telephone number of the facility;

(C) Date, time, and type of incident;

(D) Name and quantity of material(s) involved;

(E) The extent of injuries, if any;

(F) An assessment of actual or potential hazards to the

environment and human health outside the facility, where this

is applicable; and

(G) Estimated quantity and disposition of recovered

material that resulted from the incident.
173-303-811 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 196] (6/30/09)

(g) Other noncompliance. The permittee must report all

instances of noncompliance not reported under (d), (e), and

(f) of this subsection, at the time monitoring reports are submitted. The reports must contain the information listed in (f)

of this subsection.

(h) Other information. Where the permittee becomes

aware that he failed to submit any relevant facts in a permit

application, or submitted incorrect information in a permit

application or in any report to the department, he must

promptly submit this information.

(i) Other reports. In addition, the following reports are

required when appropriate:

(i) Manifest discrepancy report as required by WAC

173-303-370(5);

(ii) Unmanifested waste report as required by WAC 173-

303-390(1); and

(iii) Annual report as required by WAC 173-303-390(2).

(15) Confidentiality.

(a) Information submitted by the owner/operator of a

facility identified as confidential will be treated in accordance with chapter 42.17 RCW and RCW 43.21A.160.

(b) Proprietary information can be held confidential if:

(i) The processes are unique to the owner/operator's

business or the owner/operator's competitive position may be

adversely affected if the information is released to the public

or to a competitor; and

(ii) The director determines that granting the

owner/operator's request is not detrimental to the public

interest and is in accord with the policies and purposes of

chapter 43.21A RCW.

(c) Claims of confidentiality for permit application information must be substantiated at the time the application is

submitted and in the manner prescribed in the application

instructions. Claims of confidentiality for the name and

address of any permit applicant will be denied.

(d) If a submitter does not provide substantiation, the

department will notify the owner/operator by certified mail

of the requirement to do so. If the department does not

receive the substantiation within ten days after the submitter

receives the notice, the department will place the unsubstantiated information in the public file.

(e) The department will determine if the

owner/operator's request meets the confidential information

criteria.

(16) General permit conditions. Information repository.

The director may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in WAC 173-303-281 (6)(b). The information

repository will be governed by the provisions in WAC 173-

303-281 (6)(c) through (f).

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-810, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-810, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-810, filed 5/10/00, effective

6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-

018 (Order 97-03), ß 173-303-810, filed 1/12/98, effective 2/12/98; 95-22-

008 (Order 94-30), ß 173-303-810, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-810, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-810,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

87-14-029 (Order DE-87-4), ß 173-303-810, filed 6/26/87; 84-09-088 (Order

DE 83-36), ß 173-303-810, filed 4/18/84. Statutory Authority: RCW

70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-

303-810, filed 2/10/82.]

173-303-811 WAC 173-303-811 Permits for boilers and industrial

furnaces burning hazardous waste. The introductory paragraph of 40 CFR 270.66 is incorporated by reference. It

applies to an owner or operator of a cement or lightweight

aggregate kiln that demonstrates compliance with the air

emission standards and limitations in 40 CFR part 63, subpart

EEE.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-811, filed 11/30/04, effective 1/1/05.]

173-303-815 WAC 173-303-815 Facility-specific permit conditions. (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 CFR 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
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 197]

statutory or regulatory requirement (including any interim

final regulation) which takes effect prior to the issuance of

the permit (except as provided in 40 CFR Section 124.86(c)

for RCRA permits being processed under Subpart E or F of

part 124). 40 CFR 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), ß 173-303-815, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-815, filed 1/12/98, effective 2/12/98. Statutory

Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß 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), ß 173-303-815, filed 2/10/82.]

173-303-820 WAC 173-303-820 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-820, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-820, filed

2/10/82.]

173-303-825 WAC 173-303-825 Reserved.

[Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-825, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-825, filed

2/10/82.]

173-303-830 WAC 173-303-830 Permit changes. (1) Purpose and

applicability. This section describes the types of permit

changes that may be made to all permits issued by the director. This section does not apply to permits by rule or interim

status permits.

(2) Transfer of permits.

(a) A permit may be transferred by the permittee to a new

owner or operator only if the permit has been modified or

revoked and reissued (under (b) of this subsection or subsec-
173-303-830 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 198] (6/30/09)

tion (3) of this section) to identify the new permittee and

incorporate such other requirements as may be necessary

under the appropriate act.

(b) Changes in the ownership or operational control of a

facility may be made as a Class 1 modification with prior

written approval of the director in accordance with subsection (4) of this section. The new owner or operator must submit a revised permit application no later than ninety days

prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility

between the current and new permittees must also be submitted to the director. When a transfer of ownership or operational control occurs, the old owner or operator must comply

with the requirements of WAC 173-303-620 (Financial

requirements) until the new owner or operator has demonstrated that he or she is complying with the financial requirements. The new owner or operator must demonstrate compliance with the financial requirements within six months of the

date of the change of ownership or operational control of the

facility. Upon demonstration to the director by the new owner

or operator of compliance with the financial requirements,

the director will notify the old owner or operator that he or

she no longer needs to comply with the financial requirements as of the date of demonstration.

(3) Modification or revocation and reissuance of permits.

When the director receives any information (for example,

inspects the facility, receives information submitted by the

permittee as required in the permit, receives a request for

revocation and reissuance, or conducts a review of the permit

file), the director may determine whether or not one or more

of the causes listed in (a) and (b) of this subsection for modification or revocation and reissuance or both exist. If cause

exists, the director may modify or revoke and reissue the permit accordingly, subject to the limitations of (c) of this subsection, and may request an updated application if necessary.

When a permit is modified, only the conditions subject to

modification are reopened. All other aspects of the existing

permit remain in effect for the duration of the unmodified

permit. If a permit is revoked and reissued, the entire permit

is reopened and subject to revision and the permit is reissued

for a new term. During any revocation and reissuance proceeding, the permittee must comply with all conditions of the

existing permit until a new final permit is reissued. If cause

does not exist under this subsection, the director will not

modify or revoke and reissue the permit, except on request of

the permittee. If a permit modification is requested by the

permittee, the director will approve or deny the request

according to the procedures of subsection (4) of this section.

Otherwise, a draft permit must be prepared and public review

provided in accordance with WAC 173-303-840.

(a) Causes for modification. The following are causes for

modification, but not revocation and reissuance, of permits;

the following may be causes for revocation and reissuance, as

well as modification, when the permittee requests or agrees:

(i) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which

occurred after permit issuance which justify the application

of permit conditions that are different or absent in the existing

permit;

(ii) Information. Permits may be modified during their

terms if the director receives information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions at the time

of issuance;

(iii) New statutory requirements or regulations. The standards or regulations on which the permit was based have been

changed by statute, through adoption of new or amended

standards or regulations or by judicial decision after the permit was issued. 

(iv) Compliance schedules. The director determines

good cause exists for modification of a compliance schedule,

such as an act of God, strike, flood, or materials shortage, or

other events over which the permittee has little or no control

and for which there is no reasonably available remedy;

(v) Notwithstanding any other provision in this section,

when a permit for a land disposal facility is reviewed by the

director under 173-303-806 (11)(d), the director will modify

the permit as necessary to assure that the facility continues to

comply with the currently applicable requirements in this

chapter.

(b) Causes for modification or revocation and reissuance. The following are causes to modify, or alternatively,

revoke and reissue a permit:

(i) Cause exists for termination under WAC 173-303-

830(5) for final facility permits, and the director determines

that modification or revocation and reissuance is appropriate;

or

(ii) The director has received notification of a proposed

transfer of the permit.

(c) Reserve.

(4) Permit modification at the request of the permittee.

(a) Class 1 modifications.

(i) Except as provided in (a)(ii) of this subsection, the

permittee may put into effect Class 1 modifications listed in

Appendix I of this section under the following conditions:

(A) The permittee must notify the director concerning

the modification by certified mail or other means that establish proof of delivery within seven calendar days after the

change is put into effect. This notice must specify the

changes being made to permit conditions or supporting documents referenced by the permit and must explain why they

are necessary. Along with the notice, the permittee must provide the applicable information required by WAC 173-303-

805, 173-303-806, 173-303-807, and 173-303-808.

(B) The permittee must send a notice of the modification

to all persons on the facility mailing list, maintained by the

director in accordance with WAC 173-303-840 (3)(e)(i)(D),

and the appropriate units of state and local government, as

specified in WAC 173-303-840 (3)(e)(i)(E). This notification

must be made within ninety calendar days after the change is

put into effect. For the Class 1 modifications that require

prior director approval, the notification must be made within

ninety calendar days after the director approves the request.

(C) Any person may request the director to review, and

the director may for cause reject, any Class 1 modification.

The director must inform the permittee by certified mail that

a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been

rejected, the permittee must comply with the original permit

conditions.
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 199]

(ii) Class 1 permit modifications identified in Appendix

I by 11 may be made only with the prior written approval of

the director.

(iii) For a Class 1 permit modification, the permittee may

elect to follow the procedures in (b) of this subsection for

Class 2 modifications instead of the Class 1 procedures. The

permittee must inform the director of this decision in the

notice required in (b)(i) of this subsection.

(b) Class 2 modifications.

(i) For Class 2 modifications, listed in Appendix I of this

section, the permittee must submit a modification request to

the director that:

(A) Describes the exact change to be made to the permit

conditions and supporting documents referenced by the permit;

(B) Identifies that the modification is a Class 2 modification;

(C) Explains why the modification is needed; and

(D) Provides the applicable information required by

WAC 173-303-805, 173-303-806, 173-303-807, and 173-

303-808.

(ii) The permittee must send a notice of the modification

request to all persons on the facility mailing list maintained

by the director and to the appropriate units of state and local

government as specified in WAC 173-303-840 (3)(e)(i)(E)

and must publish this notice in a major local newspaper of

general circulation. This notice must be mailed and published

within seven days before or after the date of submission of

the modification request, and the permittee must provide to

the director evidence of the mailing and publication. The

notice must include:

(A) Announcement of a sixty-day comment period, in

accordance with (b)(v) of this subsection, and the name and

address of a departmental contact to whom comments must

be sent;

(B) Announcement of the date, time, and place for a public meeting held in accordance with (b)(iv) of this subsection;

(C) Name and telephone number of the permittee's contact person;

(D) Name and telephone number of a departmental contact person;

(E) Location where copies of the modification request

and any supporting documents can be viewed and copied;

and

(F) The following statement: "The permittee's compliance history during the life of the permit being modified is

available from the department of ecology contact person."

(iii) The permittee must place a copy of the permit modification request and supporting documents in a location

accessible to the public in the vicinity of the permitted facility.

(iv) The permittee must hold a public meeting no earlier

than fifteen days after the publication of the notice required in

(b)(ii) of this subsection and no later than fifteen days before

the close of the sixty-day comment period. The meeting must

be held to the extent practicable in the vicinity of the permitted facility.

(v) The public will be provided sixty days to comment

on the modification request. The comment period will begin

on the date the permittee publishes the notice in the local

newspaper. Comments should be submitted to the department

of ecology contact identified in the public notice.

(vi)(A) No later than ninety days after receipt of the notification request, the director must:

(I) Approve the modification request, with or without

changes, and modify the permit accordingly;

(II) Deny the request;

(III) Determine that the modification request must follow the procedures in (c) of this subsection for Class 3 modifications for the following reasons:

(AA) There is significant public concern about the proposed modification; or

(BB) The complex nature of the change requires the

more extensive procedures of Class 3;

(IV) Approve the request, with or without changes, as a

temporary authorization having a term of up to one hundred

eighty days; or

(V) Notify the permittee that he or she will decide on the

request within the next thirty days.

(B) If the director notifies the permittee of a thirty-day

extension for a decision, the director must, no later than one

hundred twenty days after receipt of the modification request:

(I) Approve the modification request, with or without

changes, and modify the permit accordingly;

(II) Deny the request; or

(III) Determine that the modification request must follow the procedures in (c) of this subsection for Class 3 modifications for the following reasons:

(AA) There is significant public concern about the proposed modification; or

(BB) The complex nature of the change requires the

more extensive procedures of Class 3.

(IV) Approve the request, with or without changes, as a

temporary authorization having a term of up to one hundred

eighty days.

(C) If the director fails to make one of the decisions specified in (b)(vi)(B) of this subsection by the one hundred twentieth day after receipt of the modification request, the permittee is automatically authorized to conduct the activities

described in the modification request for up to one hundred

eighty days, without formal departmental action. The authorized activities must be conducted as described in the permit

modification request and must be in compliance with all

appropriate standards of 40 CFR Part 265 (as referenced by

WAC 173-303-400). If the director approves, with or without

changes, or denies the modification request during the term

of the temporary or automatic authorization provided for in

(b)(vi)(A), (B), or (C) of this subsection, such action cancels

the temporary or automatic authorization.

(D)(I) In the case of an automatic authorization under

(b)(vi)(C) of this subsection, or a temporary authorization

under (b)(vi)(A)(IV) or (B)(IV) of this subsection, if the

director has not made a final approval or denial of the modification request by the date fifty days prior to the end of the

temporary or automatic authorization, the permittee must

within seven days of that time send a notification to persons

on the facility mailing list, and make a reasonable effort to

notify other persons who submitted written comments on the

modification request, that:
173-303-830 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 200] (6/30/09)

(AA) The permittee has been authorized temporarily to

conduct the activities described in the permit modification

request; and

(BB) Unless the director acts to give final approval or

denial of the request by the end of the authorization period,

the permittee will receive authorization to conduct such

activities for the life of the permit.

(II) If the owner/operator fails to notify the public by the

date specified in (b)(vi)(D)(I) of this subsection, the effective

date of the permanent authorization will be deferred until

fifty days after the owner/operator notifies the public.

(E) Except as provided in (b)(vi)(G) of this subsection, if

the director does not finally approve or deny a modification

request before the end of the automatic or temporary authorization period or reclassify the modification as a Class 3, the

permittee is authorized to conduct the activities described in

the permit modification request for the life of the permit

unless modified later under subsection (3) or (4) of this section. The activities authorized under this subsection

(b)(vi)(E) must be conducted as described in the permit modification request and must be in compliance with all appropriate standards of 40 CFR Part 265 (as referenced by WAC

173-303-400).

(F) In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a Class 3, the director must consider all written comments submitted during the

public comment period and must respond in writing to all significant comments in his or her decision.

(G) With the written consent of the permittee, the director may extend indefinitely or for a specified period the time

periods for final approval or denial of a modification request

or for reclassifying a modification as a Class 3.

(vii) The director may deny or change the terms of a

Class 2 permit modification request under (b)(i) through (iii)

of this subsection for the following reasons:

(A) The modification request is incomplete;

(B) The requested modification does not comply with the

appropriate requirements of WAC 173-303-280 through 173-

303-395 and 173-303-600 through 173-303-680 or other

applicable requirements; or

(C) The conditions of the modification fail to protect

human health and the environment.

(viii) The permittee may perform any construction associated with a Class 2 permit modification request beginning

sixty days after the submission of the request unless the director establishes a later date for commencing construction and

informs the permittee in writing before day sixty.

(c) Class 3 modifications.

(i) For Class 3 modifications listed in Appendix I of this

section, the permittee must submit a modification request to

the director that:

(A) Describes the exact change to be made to the permit

conditions and supporting documents referenced by the permit;

(B) Identifies that the modification is a Class 3 modification;

(C) Explains why the modification is needed; and

(D) Provides the applicable information required by

WAC 173-303-805, 173-303-806, 173-303-807, and 173-

303-808.

(ii) The permittee must send a notice of the modification

request to all persons on the facility mailing list maintained

by the director and to the appropriate units of state and local

government as specified in WAC 173-303-840 (3)(e)(i)(D)

and must publish this notice in a major local newspaper of

general circulation. This notice must be mailed and published

within seven days before or after the date of submission of

the modification request, and the permittee must provide to

the director evidence of the mailing and publication. The

notice must include:

(A) Announcement of a sixty-day comment period, and

a name and address of an agency contact to whom comments

must be sent;

(B) Announcement of the date, time, and place for a public meeting on the modification request, in accordance with

(c)(4) of this subsection;

(C) Name and telephone number of the permittee's contact person;

(D) Name and telephone number of a departmental contact person;

(E) Location where copies of the modification request

and any supporting documents can be viewed and copied;

and

(F) The following statement: "The permittee's compliance history during the life of the permit being modified is

available from the department of ecology contact person."

(iii) The permittee must place a copy of the permit modification request and supporting documents in a location

accessible to the public in the vicinity of the permitted facility.

(iv) The permittee must hold a public meeting no earlier

than fifteen days after the publication of the notice required in

(c)(ii) of this subsection and no later than fifteen days before

the close of the sixty-day comment period. The meeting must

be held to the extent practicable in the vicinity of the permitted facility.

(v) The public will be provided at least sixty days to

comment on the modification request. The comment period

will begin on the date the permittee publishes the notice in the

local newspaper. Comments should be submitted to the

department of ecology contact identified in the notice.

(vi) After the conclusion of the sixty-day comment

period, the director must grant or deny the permit modification request according to the permit modification procedures

of WAC 173-303-840. In addition, the director must consider

and respond to all significant written comments received during the sixty-day comment period.

(d) Other modifications.

(i) In the case of modifications not explicitly listed in

Appendix I of this section, the permittee may submit a Class

3 modification request to the department, or he or she may

request a determination by the director that the modification

should be reviewed and approved as a Class 1 or Class 2

modification. If the permittee requests that the modification

be classified as a Class 1 or 2 modification, he or she must

provide the department with the necessary information to

support the requested classification.

(ii) The director will make the determination described

in (d)(i) of this subsection as promptly as practicable. In

determining the appropriate class for a specific modification,

the director will consider the similarity of the modification to
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 201]

other modifications codified in Appendix I and the following

criteria:

(A) Class 1 modifications apply to minor changes that

keep the permit current with routine changes to the facility or

its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect

human health or the environment. In the case of Class 1 modifications, the director may require prior approval.

(B) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner,

to:

(I) Common variations in the types and quantities of the

wastes managed under the facility permit;

(II) Technological advancements; and

(III) Changes necessary to comply with new regulations,

where these changes can be implemented without substantially changing design specifications or management practices in the permit.

(C) Class 3 modifications substantially alter the facility

or its operation.

(e) Temporary authorizations.

(i) Upon request of the permittee, the director may, without prior public notice and comment, grant the permittee a

temporary authorization in accordance with this subsection.

Temporary authorizations must have a term of not more than

one hundred eighty days.

(ii)(A) The permittee may request a temporary authorization for:

(I) Any Class 2 modification meeting the criteria in

(e)(iii)(B) of this subsection; and

(II) Any Class 3 modification that meets the criteria in

(e)(iii)(B)(I) or (II) of this subsection; or that meets the criteria in (e)(iii)(B)(III) through (V) of this subsection and provides improved management or treatment of a dangerous

waste already listed in the facility permit.

(B) The temporary authorization request must include:

(I) A description of the activities to be conducted under

the temporary authorization;

(II) An explanation of why the temporary authorization

is necessary; and

(III) Sufficient information to ensure compliance with

the standards in WAC 173-303-280 through 173-303-395

and 173-303-600 through 173-303-680.

(C) The permittee must send a notice about the temporary authorization request to all persons on the facility mailing list maintained by the director and to appropriate units of

state and local governments as specified in WAC 173-303-

840 (3)(e)(i)(D). This notification must be made within seven

days of submission of the authorization request.

(iii) The director will approve or deny the temporary

authorization as quickly as practical. To issue a temporary

authorization, the director must find:

(A) The authorized activities are in compliance with the

standards of WAC 173-303-280 through 173-303-395 and

173-303-600 through 173-303-680.

(B) The temporary authorization is necessary to achieve

one of the following objectives before action is likely to be

taken on a modification request:

(I) To facilitate timely implementation of closure or corrective action activities;

(II) To allow treatment or storage in tanks, containers, or

in containment buildings in accordance with 40 CFR Part

268;

(III) To prevent disruption of ongoing waste management activities;

(IV) To enable the permittee to respond to sudden

changes in the types or quantities of the wastes managed

under the facility permit; or

(V) To facilitate other changes to protect human health

and the environment.

(iv) A temporary authorization may be reissued for one

additional term of up to one hundred eighty days provided

that the permittee has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization,

and:

(A) The reissued temporary authorization constitutes the

director's decision on a Class 2 permit modification in accordance with (b)(vi)(A)(IV) or (B)(IV) of this subsection; or

(B) The director determines that the reissued temporary

authorization involving a Class 3 permit modification request

is warranted to allow the authorized activities to continue

while the modification procedures of (c) of this subsection

are conducted.

(f) Public notice and appeals of permit modification

decisions.

(i) The director will notify persons on the facility mailing

list and appropriate units of state and local government

within ten days of any decision under this section to grant or

deny a Class 2 or 3 permit modification request. The director

will also notify such persons within ten days after an automatic authorization for a Class 2 modification goes into

effect under (b)(vi)(C) or (E) of this subsection.

(ii) The director's decision to grant or deny a Class 2 or 3

permit modification request under this section may be

appealed under the permit appeal procedures of WAC 173-

303-845.

(iii) An automatic authorization that goes into effect

under (b)(vi)(C) or (E) of this subsection may be appealed

under the permit appeal procedures of WAC 173-303-845;

however, the permittee may continue to conduct the activities

pursuant to the automatic authorization until the appeal has

been granted pursuant to WAC 173-303-845, notwithstanding the provisions of WAC 173-303-840 (8)(b).

(g) Newly regulated wastes and units.

(i) The permittee is authorized to continue to manage

wastes listed or identified as dangerous under WAC 173-303-

070, or to continue to manage dangerous waste in units newly

regulated as dangerous waste management units, if:

(A) The unit was in existence as a dangerous waste facility with respect to the newly listed or identified waste or

newly regulated waste management unit on the effective date

of the final rule listing or identifying the waste, or regulating

the unit;

(B) The permittee submits a Class 1 modification request

on or before the date on which the waste or unit becomes subject to the new requirements;

(C) The permittee is in compliance with the applicable

standards of 40 CFR Part 265 (as referenced in WAC 173-

303-400) and Part 266 (as referenced in WAC 173-303-510);

(D) The permittee also submits a complete Class 2 or 3

permit modification request within one hundred eighty days
173-303-830 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 202] (6/30/09)

of the effective date of the rule listing or identifying the

waste, or subjecting the unit to management standards under

this chapter; and

(E) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable

requirements of 40 CFR Part 265 for ground water monitoring and financial responsibility (as referenced in WAC 173-

303-400) on the date twelve months after the effective date of

the rule identifying or listing the waste as dangerous, or regulating the unit as a dangerous waste management unit. If the

owner or operator fails to certify compliance with all these

requirements, he or she will lose authority to operate under

this section.

(ii) New wastes or units added to a facility's permit under

this subsection do not constitute expansions for the purpose

of the twenty-five percent capacity expansion limit for Class

2 modifications.

(h) Military dangerous waste munitions treatment and

disposal. The permittee is authorized to continue to accept

waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:

(i) The facility was in existence as a dangerous waste

facility, and the facility was already permitted to handle the

waste military munitions, on the date when the waste military

munitions became subject to dangerous waste regulatory

requirements;

(ii) On or before the date when the waste military munitions become subject to dangerous waste regulatory requirements, the permittee submits a Class 1 modification request

to remove or amend the permit provision restricting the

receipt of off-site waste munitions; and

(iii) The permittee submits a complete Class 2 modification request within one hundred eighty days of the date when

the waste military munitions became subject to dangerous

waste regulatory requirements.

(i) Permit modification list. The director must maintain a

list of all approved permit modifications and must publish a

notice once a year in a statewide newspaper that an updated

list is available for review.

(j) Combustion facility changes to meet 40 CFR part 63

MACT standards. (Note that 40 CFR part 63 subpart EEE is

incorporated by reference at WAC 173-400-075 (5)(a). If you

are subject to Part 63, you must get an air permit from ecology or the local air authority.) The following procedures

apply to hazardous waste combustion facility permit modifications requested under Appendix I of this section, section

L.9.

(i) Facility owners or operators must have complied with

the Notification of Intent to Comply requirements of 40 CFR

63.1210 that were in effect prior to October 11, 2000 (see 40

CFR Part 63 sections 63.1200 - 63.1499 revised as of July 1,

2000) in order to request a permit modification under this

section for the purpose of technology changes needed to meet

the standards under 40 CFR 63.1203, 63.1204, and 63.1205.

(ii) Facility owners or operators must comply with the

Notification of Intent to Comply (NIC) requirements of 40

CFR 63.1210(b) and 63.1212(a) before a permit modification

can be requested under this subsection for the purpose of

technology changes needed to meet the 40 CFR 63.1215,

63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and 63.1221

standards promulgated on October 12, 2005.

(iii) If the department does not approve or deny the

request within ninety days of receiving it, the request will be

deemed approved. The director may extend this ninety-day

deadline one time for up to thirty days by notifying the facility owner or operator.

(k) Waiver of dangerous waste permit conditions in support of transition to the 40 CFR part 63 MACT standards.

(Note that 40 CFR part 63 subpart EEE is incorporated by

reference at WAC 173-400-075 (5)(a). If you are subject to

Part 63, you must get an air permit from ecology or the local

air authority.)

(i) You may request to have specific Hazardous Waste

Management Act and dangerous waste regulation operating

and emissions limits waived by submitting a Class 1 permit

modification request under Appendix I of this section, section

L(10). You must:

(A) Identify the specific dangerous waste permit operating and emissions limits which you are requesting to waive;

(B) Provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between the

dangerous waste permit and MACT compliance; and

(C) Discuss how the revised provisions will be sufficiently protective.

(D) The department will approve or deny the request

within thirty days of receipt of the request. The department

may, at its discretion, extend this thirty-day deadline one time

for up to thirty days by notifying the facility owner or operator.

(ii) To request this modification in conjunction with

MACT performance testing where permit limits may only be

waived during actual test events and pretesting, as defined

under 40 CFR 63.1207 (h)(2)(i) and (ii), for an aggregate

time not to exceed seven hundred twenty hours of operation

(renewable at the discretion of the department) you must:

(A) Submit your modification request to the director at

the same time you submit your test plans to the department;

and

(B) The department may elect to approve or deny the

request contingent upon approval of the test plans.

APPENDIX I

Modifications Class

A. General Permit Provisions

1. Administrative and informational changes . 1

2. Correction of typographical errors . . . . . . . . 1

3. Equipment replacement or upgrading with 

functionally equivalent components (e.g., pipes, 

valves, pumps, conveyors, controls) . . . . . . . . . . . . 1

4. Changes in the frequency of or procedures for 

monitoring, reporting, sampling, or maintenance 

activities by the permittee:

a. To provide for more frequent monitoring, 

reporting, sampling, or maintenance . . . . . . . . . . . . 1

b. Other changes . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Schedule of compliance:

a. Changes in interim compliance dates, with 

prior approval of the director . . . . . . . . . . . . . . . . . 1

1

b. Extension of final compliance date . . . . . . . 3
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 203]

Note: When a permit modification (such as introduction of a new

unit) requires a change in facility plans or other general

facility standards, that change will be reviewed under the

same procedures as the permit modification.

6. Changes in expiration date of permit to allow 

earlier permit termination, with prior approval of the 

director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

7. Changes in ownership or operational control 

of a facility, provided the procedures of subsection 

(2)(b) of this section are followed . . . . . . . . . . . . . . 1

1

8. Changes to remove permit conditions that are 

no longer applicable (i.e., because the standards upon 

which they are based are no longer applicable to the 

facility). 1

1

B. General Facility Standards

1. Changes to waste sampling or analysis methods:

a. To conform with agency guidance or regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

b. To incorporate changes associated with F039 

(multisource leachate) sampling or analysis methods 1

1

c. To incorporate changes associated with underlying dangerous constituents in ignitable or corrosive 

wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

d. Other changes . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Changes to analytical quality 

assurance/control plan:

a. To conform with agency guidance or regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

b. Other changes . . . . . . . . . . . . . . . . . . . . . . . . 2

3. Changes in procedures for maintaining the 

operating record . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4. Changes in frequency or content of inspection 

schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Changes in the training plan:

a. That affect the type or decrease the amount of 

training given to employees . . . . . . . . . . . . . . . . . . 2

b. Other changes . . . . . . . . . . . . . . . . . . . . . . . . 1

6. Contingency plan:

a. Changes in emergency procedures (i.e., spill 

or release response procedures) . . . . . . . . . . . . . . . 2

b. Replacement with functionally equivalent 

equipment, upgrade, or relocate emergency equipment listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

c. Removal of equipment from emergency 

equipment list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

d. Changes in name, address, or phone number 

of coordinators or other persons or agencies identified in the plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

7. Construction quality assurance plan:

a. Changes that the CQA officer certifies in the 

operating record will provide equivalent or better 

certainty that the unit components meet the design 

specification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

b. Other changes . . . . . . . . . . . . . . . . . . . . . . . . 2

C. Ground Water Protection

1. Changes to wells:

Modifications Class a. Changes in the number, location, depth, or 

design of upgradient or downgradient wells of permitted ground water monitoring system . . . . . . . . . . . . . . 2

b. Replacement of an existing well that has been 

damaged or rendered inoperable, without change to 

location, design, or depth of the well . . . . . . . . . . . . . 1

2. Changes in ground water sampling or analysis 

procedures or monitoring schedule, with prior 

approval of the director . . . . . . . . . . . . . . . . . . . . . . . . 1

1

3. Changes in statistical procedure for determining whether a statistically significant change in ground 

water quality between upgradient and downgradient 

wells has occurred, with prior approval of the director 1

1

4. Changes in point of compliance . . . . . . . . . . . . 2

5. Changes in indicator parameters, hazardous 

constituents, or concentration limits (including 

ACLs):

a. As specified in the ground water protection

standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. As specified in the detection monitoring

program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

6. Changes to a detection monitoring program as 

required by WAC 173-303-645 (9)(h), unless otherwise specified in this appendix . . . . . . . . . . . . . . . . . . 2

7. Compliance monitoring program:

a. Addition of compliance monitoring program as 

required by WAC 173-303-645 (9)(g)(iv) and (10) . . 3

b. Changes to a compliance monitoring program 

as required by WAC 173-303-645 (10)(j), unless otherwise specified in this appendix . . . . . . . . . . . . . . . . 2

8. Corrective action program:

a. Addition of a corrective action program as

required by WAC 173-303-645 (10)(h)(ii) and (11) . . 3

b. Changes to a corrective action program as

required by WAC 173-303-645 (11)(h), unless otherwise specified in this appendix . . . . . . . . . . . . . . . . . . 2

D. Closure

1. Changes to the closure plan:

a. Changes in estimate of maximum extent of 

operations or maximum inventory of waste on-site at 

any time during the active life of the facility, with prior 

approval of the director . . . . . . . . . . . . . . . . . . . . . . . . 1

1

b. Changes in the closure schedule for any unit, 

changes in the final closure schedule for the facility, or 

extension of the closure period, with prior approval of 

the director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

c. Changes in the expected year of final closure, 

where other permit conditions are not changed, with 

prior approval of the director . . . . . . . . . . . . . . . . . . . 1

1

d. Changes in procedures for decontamination of 

facility equipment or structures, with prior approval of 

the director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

e. Changes in approved closure plan resulting 

from unexpected events occurring during partial or 

final closure, unless otherwise specified in this appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

f. Extension of the closure period to allow a landfill, surface impoundment, or land treatment unit to 

receive nondangerous wastes after final receipt of dangerous wastes under WAC 173-303-610 (4)(d) and (e) 2
173-303-830 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 204] (6/30/09)

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

2. Creation of a new landfill unit as part of

closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. Addition of the following new units to be used 

temporarily for closure activities:

a. Surface impoundments . . . . . . . . . . . . . . . . . . . 3

b. Incinerators . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

c. Waste piles that do not comply with WAC 173-

303-660 (1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

d. Waste piles that comply with WAC 173-303-

660 (1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

e. Tanks or containers (other than specified

below) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

f. Tanks used for neutralization, dewatering, 

phase separation, or component separation, with prior 

approval of the director . . . . . . . . . . . . . . . . . . . . . . . . 1

1

g. Staging piles . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

E. Post-Closure

1. Changes in name, address, or phone number of 

contact in post-closure plan . . . . . . . . . . . . . . . . . . . . . 1

2. Extension of post-closure care period . . . . . . . 2

3. Reduction in the post-closure care period . . . . 3

4. Changes to the expected year of final closure, 

where other permit conditions are not changed . . . . . 1

5. Changes in post-closure plan necessitated by 

events occurring during the active life of the facility, 

including partial and final closure . . . . . . . . . . . . . . . . 2

F. Containers

1. Modification or addition of container units:

a. Resulting in greater than 25% increase in the 

facility's container storage capacity, except as provided in F (1)(c) and F (4)(a) below . . . . . . . . . . . . . . 3

b. Resulting in up to 25% increase in the facility's 

container storage capacity, except as provided in F 

(1)(c) and F (4)(a) below . . . . . . . . . . . . . . . . . . . . . . . 2

c. Or treatment processes necessary to treat 

wastes that are restricted from land disposal to meet 

some or all of the applicable treatment standards or to 

treat wastes to satisfy (in whole or in part) the standard 

of "use of practically available technology that yields 

the greatest environmental benefit" contained in 40 

CFR 268.8 (a)(2)(ii), with prior approval of the director. This modification may also involve addition of 

new waste codes or narrative descriptions of wastes. It 

is not applicable to dioxin-containing wastes (F020, 

021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . . . . . 1

1

2.

a. Modification of a container unit without 

increasing the capacity of the unit . . . . . . . . . . . . . . . . 2

b. Addition of a roof to a container unit without 

alteration of the containment system . . . . . . . . . . . . . . 1

3. Storage of different wastes in containers:

a. That require additional or different management practices from those authorized in the permit, 

except as provided in F(4) below . . . . . . . . . . . . . . . . 3

b. That do not require additional or different 

management practices from those authorized in the 

permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4. Storage or treatment of different wastes in 

containers:

a. That require addition of units or change in 

treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the 

applicable treatment standards, or that are to be 

treated to satisfy (in whole or in part) the standard of 

"use of practically available technology that yields 

the greatest environmental benefit" contained in 40 

CFR 268.8 (a)(2)(ii). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 

023, 026, 027, and 028) . . . . . . . . . . . . . . . . . . . . . 1

1

b. That do not require the addition of units or a 

change in the treatment process or management 

standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 

023, 026, 027, and 028) . . . . . . . . . . . . . . . . . . . . . 1

1

G. Tanks

1.

a. Modification or addition of tank units resulting in greater than 25% increase in the facility's tank 

capacity, except as provided in G (1)(c), G (1)(d), 

and G (1)(e) below . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in G (1)(d) and G (1)(e) 

below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

c. Addition of a new tank that will operate for 

more than 90 days using any of the following physical or chemical treatment technologies: Neutralization, dewatering, phase separation, or component 

separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

d. After prior approval of the director, addition 

of a new tank that will operate for up to 90 days 

using any of the following physical or chemical 

treatment technologies: Neutralization, dewatering, 

phase separation, or component separation . . . . . . 1

1

e. Modification or addition of tank units or 

treatment processes necessary to treat wastes that are 

restricted from land disposal to meet some or all of 

the applicable treatment standards or to treat wastes 

to satisfy (in whole or in part) the standard of "use of 

practically available technology that yields the 

greatest environmental benefit" contained in 40 CFR 

268.8 (a)(2)(ii), with prior approval of the director. 

This modification may also involve addition of new 

waste codes. It is not applicable to dioxin-containing 

wastes (F020, 021, 022, 023, 026, 027, and 028) . 1

1

2. Modification of a tank unit or secondary containment system without increasing the capacity of 

the unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

3. Replacement of a tank with a tank that meets 

the same design standards and has a capacity within 

+/- 10% of the replaced tank provided . . . . . . . . . 1

-The capacity difference is no more than 1500 

gallons,

-The facility's permitted tank capacity is not 

increased, and
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 205]

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

-The replacement tank meets the same conditions in the permit.

4. Modification of a tank management practice 2

5. Management of different wastes in tanks:

a. That require additional or different management practices, tank design, different fire protection 

specifications, or significantly different tank treatment process from that authorized in the permit, 

except as provided in G (5)(c) below . . . . . . . . . . 3

b. That do not require additional or different 

management practices, tank design, different fire 

protection specifications, or significantly different 

tank treatment process than authorized in the permit, 

except as provided in G (5)(d) . . . . . . . . . . . . . . . . 2

c. That require addition of units or change in 

treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the 

applicable treatment standards or that are to be 

treated to satisfy (in whole or in part) the standard of 

"use of practically available technology that yields 

the greatest environmental benefit" contained in 40 

CFR 268.8 (a)(2)(ii). The modification is not applicable to dioxin-containing wastes (F020, 021, 022, 

023, 026, 027, and 028) . . . . . . . . . . . . . . . . . . . . . 1

1

(d) That do not require the addition of units or a 

change in the treatment process or management 

standards, and provided that the units have previously received waste of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 

023, 026, 027, and 028) . . . . . . . . . . . . . . . . . . . . . 1

H. Surface Impoundments

1. Modification or addition of surface 

impoundment units that result in increasing the 

facility's surface impoundment storage or treatment 

capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2. Replacement of a surface impoundment unit 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. Modification of a surface impoundment unit 

without increasing the facility's surface impoundment storage or treatment capacity and without 

modifying the unit's liner, leak detection system, or 

leachate collection system . . . . . . . . . . . . . . . . . . 2

4. Modification of a surface impoundment 

management practice . . . . . . . . . . . . . . . . . . . . . . 2

5. Treatment, storage, or disposal of different 

wastes in surface impoundments:

a. That require additional or different management practices or different design of the liner or 

leak detection system than authorized in the permit 3

b. That do not require additional or different 

management practices or different design of the 

liner or leak detection system than authorized in the 

permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

c. That are wastes restricted from land disposal 

that meet the applicable treatment standards or that 

are treated to satisfy the standard of "use of practically available technology that yields the greatest 

environmental benefit" contained in 40 CFR 268.8 

(a)(2)(ii), and provided that the unit meets the minimum technological requirements stated in 40 CFR 

268.5 (h)(2). This modification is not applicable to 

dioxin-containing wastes (F020, 021, 022, 023, 

026, 027, and 028) . . . . . . . . . . . . . . . . . . . . . . . . 1

d. That are residues from wastewater treatment 

or incineration, provided that disposal occurs in a 

unit that meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2), and provided 

further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification 

is not applicable to dioxin-containing wastes 

(F020, 021, 022, 023, 026, 027, and 028) . . . . . . 1

6. Modifications of unconstructed units to 

comply with WAC 173-303-650 (2)(j), (10), (11), 

and (4)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

7. Changes in response action plan:

a. Increase in action leakage rate . . . . . . . . . 3

b. Change in a specific response reducing its 

frequency or effectiveness . . . . . . . . . . . . . . . . . . 3

c. Other changes . . . . . . . . . . . . . . . . . . . . . . 2

I. Enclosed Waste Piles. For all waste piles except 

those complying with WAC 173-303-660 (1)(c), modifications are treated the same as for a landfill. The following modifications are applicable only to waste 

piles complying with WAC 173-303-660 (1)(c).

1. Modification or addition of waste pile units:

a. Resulting in greater than 25% increase in the 

facility's waste pile storage or treatment capacity . . . . 3

b. Resulting in up to 25% increase in the facility's 

waste pile storage or treatment capacity . . . . . . . . . . . 2

2. Modification of waste pile unit without increasing the capacity of the unit . . . . . . . . . . . . . . . . . . . . . 2

3. Replacement of a waste pile unit with another 

waste pile unit of the same design and capacity and 

meeting all waste pile conditions in the permit . . . . . . 1

4. Modification of a waste pile management practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Storage or treatment of different wastes in 

waste piles:

a. That require additional or different management practices or different design of the unit . . . . . . . 3

b. That do not require additional or different management practices or different design of the unit . . . . 2

6. Conversion of an enclosed waste pile to a containment building unit . . . . . . . . . . . . . . . . . . . . . . . . . 2
173-303-830 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 206] (6/30/09)

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

J. Landfills and Unenclosed Waste Piles

1. Modification or addition of landfill units that 

result in increasing the facility's disposal capacity . . . 3

2. Replacement of a landfill . . . . . . . . . . . . . . . . . 3

3. Addition or modification of a liner, leachate 

collection system, leachate detection system, runoff 

control, or final cover system . . . . . . . . . . . . . . . . . . . 3

4. Modification of a landfill unit without changing 

a liner, leachate collection system, leachate detection 

system, runoff control, or final cover system . . . . . . . 2

5. Modification of a landfill management

practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

6. Landfill different wastes:

a. That require additional or different management practices, different design of the liner, leachate 

collection system, or leachate detection system . . . . . 3

b. That do not require additional or different management practices, different design of the liner, 

leachate collection system, or leachate detection system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

c. That are wastes restricted from land disposal 

that meet the applicable treatment standards or that are 

treated to satisfy the standard of "use of practically 

available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii), 

and provided that the landfill unit meets the minimum 

technological requirements stated in 40 CFR 268.5 

(h)(2). This modification is not applicable to dioxincontaining wastes (F020, 021, 022, 023, 026, 027, and 

028) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

d. That are residues from wastewater treatment or 

incineration, provided that disposal occurs in a landfill 

unit that meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2), and provided further that the landfill has previously received wastes of 

the same type (for example, incinerator ash). This 

modification is not applicable to dioxin-containing 

wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . 1

7. Modifications of unconstructed units to comply 

with WAC 173-303-660 (2)(j), (11), (12), (5)(c), 173-

303-665 (2)(h), (8), (4)(c), and (9) . . . . . . . . . . . . . . . 1

1

8. Changes in response action plan:

a. Increase in action leakage rate . . . . . . . . . . . . . 3

b. Change in a specific response reducing its frequency or effectiveness. . . . . . . . . . . . . . . . . . . . . . . . 3

c. Other changes . . . . . . . . . . . . . . . . . . . . . . . . . . 2

K. Land Treatment

1. Lateral expansion of or other modification of a 

land treatment unit to increase areal extent . . . . . . . . . 3

2. Modification of run-on control system . . . . . . 2

3. Modify runoff control system . . . . . . . . . . . . . 3

4. Other modifications of land treatment unit 

component specifications or standards required in permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Management of different wastes in land treatment units:

a. That require a change in permit operating conditions or unit design specifications . . . . . . . . . . . . . . 3

b. That do not require a change in permit operating conditions or unit design specifications . . . . . . . . 2

6. Modification of a land treatment unit management practice to:

a. Increase rate or change method of waste

application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. Decrease rate of waste application . . . . . . . . . . 2

7. Modification of a land treatment unit management practice to change measures of pH or moisture 

content, or to enhance microbial or chemical reactions 2

8. Modification of a land treatment unit management practice to grow food chain crops, to add to or 

replace existing permitted crops with different food 

chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops . . . . . . 3

9. Modification of operating practice due to detection of releases from the land treatment unit pursuant 

to WAC 173-303-655 (6)(g)(ii) . . . . . . . . . . . . . . . . . . 3

10. Changes in the unsaturated zone monitoring 

system, resulting in a change to the location, depth, 

number of sampling points, or replace unsaturated 

zone monitoring devices or components of devices 

with devices or components that have specifications 

different from permit requirements . . . . . . . . . . . . . . . 3

11. Changes in the unsaturated zone monitoring 

system that do not result in a change to the location, 

depth, number of sampling points, or that replace 

unsaturated zone monitoring devices or components of 

devices with devices or components having specifications different from permit requirements . . . . . . . . . . 2

12. Changes in background values for hazardous 

constituents in soil and soil-pore liquid . . . . . . . . . . . 2

13. Changes in sampling, analysis, or statistical 

procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

14. Changes in land treatment demonstration program prior to or during the demonstration . . . . . . . . . 2

15. Changes in any condition specified in the permit for a land treatment unit to reflect results of the 

land treatment demonstration, provided performance 

standards are met, and the director's prior approval has 

been received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

16. Changes to allow a second land treatment 

demonstration to be conducted when the results of the 

first demonstration have not shown the conditions 

under which the wastes can be treated completely, provided the conditions for the second demonstration are 

substantially the same as the conditions for the first 

demonstration and have received the prior approval of 

the director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Dangerous Waste Regulations 173-303-830

(6/30/09) [Ch. 173-303 WACóp. 207]

Note: See (g) of this subsection for modification procedures to be

used for the management of newly listed or identified

wastes.

17. Changes to allow a second land treatment 

demonstration to be conducted when the results of the 

first demonstration have not shown the conditions 

under which the wastes can be treated completely, 

where the conditions for the second demonstration are 

not substantially the same as the conditions for the first 

demonstration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

18. Changes in vegetative cover requirements for 

closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

L. Incinerators, Boilers, and Industrial Furnaces

1. Changes to increase by more than 25% any of 

the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a 

chlorine/chloride feed rate limit, a metal feed rate 

limit, or an ash feed rate limit. The director will 

require a new trial burn to substantiate compliance 

with the regulatory performance standards unless this 

demonstration can be made through other means . . . . 3

2. Changes to increase by up to 25% any of the 

following limits authorized in the permit: A thermal 

feed rate limit, a feedstream feed rate limit, a 

chlorine/chloride feed rate limit, a metal feed rate 

limit, or an ash feed rate limit. The director will 

require a new trial burn to substantiate compliance 

with the regulatory performance standards unless this 

demonstration can be made through other means . . . . 2

3. Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or 

geometry of the primary or secondary combustion 

units, by adding a primary or secondary combustion 

unit, by substantially changing the design of any component used to remove HC1/C12, metals, or particulate 

from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace 

that could affect its capability to meet the regulatory 

performance standards. The director will require a new 

trial burn to substantiate compliance with the regulatory performance standards unless this demonstration 

can be made through other means . . . . . . . . . . . . . . . . 3

4. Modification of an incinerator, boiler, or industrial furnace unit in a manner that would not likely 

affect the capability of the unit to meet the regulatory 

performance standards but which would change the 

operating conditions or monitoring requirements specified in the permit. The director may require a new trial 

burn to demonstrate compliance with the regulatory 

performance standards . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Operating requirements:

a. Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, 

oxygen concentration in the secondary combustion 

chamber flue gas carbon monoxide and hydrocarbon 

concentration, maximum temperature at the inlet to 

the particulate matter emission control system, or 

operating parameters for the air pollution control system. The director will require a new trial burn to substantiate compliance with the regulatory performance 

standards unless this demonstration can be made 

through other means . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. Modification of any stack gas emission limits 

specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or 

automatic waste feed cutoff procedures or controls . . 3

c. Modification of any other operating condition 

or any inspection or recordkeeping requirement specified in the permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

6. Burning different wastes:

a. If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning 

of the waste requires compliance with different regulatory performance standards than specified in the permit. The director will require a new trial burn to substantiate compliance with the regulatory performance 

standards unless this demonstration can be made 

through other means . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. If the waste does not contain a POHC that is 

more difficult to burn than authorized by the permit 

and if burning of the waste does not require compliance with different regulatory performance standards 

than specified in the permit . . . . . . . . . . . . . . . . . . . . . 2

7. Shakedown and trial burn:

a. Modification of the trial burn plan or any of the 

permit conditions applicable during the shakedown 

period for determining operational readiness after construction, the trial burn period, or the period immediately following the trial burn . . . . . . . . . . . . . . . . . . . . 2

b. Authorization of up to an additional 720 hours 

of waste burning during the shakedown period for 

determining operational readiness after construction, 

with the prior approval of the director . . . . . . . . . . . . 1

1

c. Changes in the operating requirements set in 

the permit for conducting a trial burn, provided the 

change is minor and has received the prior approval of 

the director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1

d. Changes in the ranges of the operating requirements set in the permit to reflect the results of the trial 

burn, provided the change is minor and has received 

the prior approval of the director . . . . . . . . . . . . . . . . 1

1

8. Substitution of an alternate type of nondangerous fuel that is not specified in the permit . . . . . . . . . 1

9. Technology changes needed to meet standards 

under 40 CFR part 63 (subpart EEE-National Emission Standards for Hazardous Air Pollutants from 

Hazardous Waste Combustors), that are incorporated 

by reference at WAC 173-400-075 (5)(a) provided the 

procedures of WAC 173-303-830 (4)(j) are followed. 1

1

10. Changes to dangerous waste permit provisions 

needed to support transition to 40 CFR part 63 (Subpart EEE-National Emission Standards for Hazardous 

Air Pollutants From Hazardous Waste Combustors) 

provided the procedures of (4)(k) of this section are 

followed. 1

1

M. Containment Buildings

1. Modification or addition of containment building units:
173-303-840 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 208] (6/30/09)

(5) Permit termination. The director will follow the

applicable procedures in WAC 173-303-840, procedures for

decision making, in terminating any permit. The following

are causes for terminating a permit during its term or for

denying a permit renewal application:

(a) Noncompliance by the permittee with any condition

of the permit;

(b) The permittee's failure in the application or during

the permit issuance process to disclose fully all relevant facts,

or the permittee's misrepresentation of any relevant facts at

any time; or

(c) A determination that the permitted activity endangers

public health or the environment and can only be regulated to

acceptable levels by permit modification or termination.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-830, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-830, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-

07-049 (Order 02-03), ß 173-303-830, 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), ß 173-303-830, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-830, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-830, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-830, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-830,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-830, filed 1/4/89; 87-14-029 (Order

DE-87-4), ß 173-303-830, filed 6/26/87; 84-09-088 (Order DE 83-36), ß

173-303-830, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-830, filed

2/10/82.]

173-303-840 WAC 173-303-840 Procedures for decision making.

(1) Application and completeness.

(a) The department will not begin the processing of a

permit until the applicant has fully complied with the application requirements for the permit. Permit applications must

comply with the signature and certification requirements of

WAC 173-303-810 (12) and (13).

(b) The department will review for completeness each

application for a permit under this chapter. Each application

for a permit should be reviewed for completeness within

sixty days of its receipt. Upon completing the review, the

department will notify the applicant in writing whether or not

the application is complete. If the application is incomplete,

the department will list the information necessary to make the

application complete, and will specify in the notice of deficiency a date for submitting the necessary information. After

the application is completed, the department may request

additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted

material. Requests for such additional information will not

render an application incomplete.

(c) If an applicant fails or refuses to correct deficiencies

in the application, the permit may be denied and appropriate

enforcement actions may be taken under chapter 70.105

RCW.

(d) If the department decides that a site visit is necessary

for any reason in conjunction with the processing of an application, then the department will notify the applicant and a

date will be scheduled.

(e) The effective date of an application is the date on

which the department notifies the applicant that the application is complete as provided in (b) of this subsection.

(2) Draft permits.

(a) A draft permit is a document prepared by the department indicating the tentative decision to issue, deny, modify,

revoke and reissue, or terminate a permit.

(b) When an application is complete, the department will

tentatively decide whether to prepare a draft permit, or to

deny the application.

(c) If the department tentatively decides to deny the permit application, then the department will issue a notice of

intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this subsection. If

the department's final decision is that the tentative decision to

deny was incorrect, then the department will withdraw the

notice of intent to deny and proceed to prepare a draft permit

under this subsection.

(d) If the department decides to prepare a draft permit, it

will contain the following information:

a. Resulting in greater than 25% increase in the 

facility's containment building storage or treatment 

capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. Resulting in up to 25% increase in the facility's 

containment building storage or treatment capacity. . . 2

2. Modification of a containment building unit or 

secondary containment system without increasing the 

capacity of the unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

3. Replacement of a containment building with a 

containment building that meets the same design standards provided:

a. The unit capacity is not increased. . . . . . . . . . . 1

b. The replacement containment building meets 

the same conditions in the permit. . . . . . . . . . . . . . . . . 1

4. Modification of a containment building management practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5. Storage or treatment of different wastes in containment buildings:

a. That require additional or different management practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

b. That do not require additional or different management practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

N. Corrective Action

1. Approval of a corrective action management 

unit pursuant to WAC 173-303-64640, 173-303-

64650, 173-303-64660, and 173-303-64670 . . . . . . . . 3

2. Approval of a temporary unit or time extension 

for a temporary unit pursuant to WAC 173-303-64680 2

3. Approval of a staging pile or staging pile operating term extension . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4. Modification to incorporate a corrective action 

order issued pursuant to MTCA . . . . . . . . . . . . . . . . . 3

5. Modification or amendment of a corrective 

action order issued pursuant to MTCA when the 

MTCA public participation requirements are met and 

order has already been incorporated by reference into 

the permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

 1Class 1 modifications requiring prior Agency approval
Dangerous Waste Regulations 173-303-840

(6/30/09) [Ch. 173-303 WACóp. 209]

(i) All conditions applicable to permits under WAC 173-

303-810 and 173-303-815 including compliance and monitoring requirements;

(ii) Applicable conditions under WAC 173-303-830 and

173-303-815; and

(iii) All applicable standards for storage, treatment and

disposal, and other permit conditions.

(e) All draft permits must be accompanied by a fact sheet

that is supported by administrative record and made available

for public comment.

(f) Fact sheet; statement of basis.

(i) A fact sheet will be prepared for every draft permit for

a major dangerous waste management facility, and for every

draft permit which the department finds is the subject of

wide-spread public interest or raises major issues.

(ii) The fact sheet will briefly set forth the principal facts

and the significant factual, legal, methodological, and policy

questions considered in preparing the draft permit. The

department will send this fact sheet to the applicant and, on

request, to any other person.

(iii) The fact sheet will include, when applicable:

(A) A brief description of the type of facility or activity

which is the subject of the draft permit;

(B) The type and quantity of wastes, fluids, or pollutants

which are proposed to be or are being treated, stored, disposed, injected, emitted, or discharged;

(C) A brief summary of the basis for the draft permit

conditions including supporting references;

(D) Reasons why any requested variances or alternatives

to required standards do or do not appear justified; and

(E) A description of the procedures for reaching a final

decision on the draft permit including:

(I) The beginning and ending dates of the comment

period and the address where comments will be received;

(II) Procedures for requesting a hearing and the nature of

that hearing;

(III) Any other procedures by which the public may participate in the final decision; and

(IV) Name and telephone number of a person to contact

for additional information.

(iv) The department will prepare a statement of basis for

every draft permit for which a fact sheet is not prepared. The

statement of basis will briefly describe the derivation of the

conditions of the draft permit and the reasons for them or, in

the case of notices of intent to deny or terminate, reasons supporting the tentative decision. The statement of basis will be

sent to the applicant and, on request, to any other person.

(3) Public notice and involvement.

(a) The department will give public notice that the following actions have occurred:

(i) A draft permit has been prepared or an application is

tentatively being denied;

(ii) A hearing on a permit has been scheduled; or

(iii) An appeal on a permit has been filed with the pollution control hearings board.

Note: Additional public notice requirements for permitting at the

preapplication and application stages are at WAC 173-303-

281 (3) through (5).

(b) No public notice is required when a request for permit modification, revocation and reissuance, or termination is

denied. A written notice of the denial will be given to the person who requested the permit change and to the permittee.

(c) The public notice may describe more than one permit

or permit action.

(d) Public notice of the preparation of a draft permit,

including a notice of intent to deny a permit application will

allow at least forty-five days for public comment. Public

notice of a public hearing will be given at least thirty days

before the hearing.

(e) Public notice of activities described in this subsection

will be given by the following methods:

(i) By mailing a copy of a notice to the following persons

(any person otherwise entitled to receive notice under this

paragraph may waive his or her rights to receive notice for

any classes and categories of permits):

(A) The applicant;

(B) Any other agency which the department knows has

issued or is required to issue a permit for the same activity or

facility;

(C) Federal and state agencies with jurisdiction over fish,

shellfish, and wildlife resources and over coastal zone management plans, the advisory council on historic preservation,

state historic preservation officers, including any affected

states (Indian tribes) (for purposes of this paragraph and in

the context of the Underground Injection Control Program

only, the term state includes Indian tribes treated as states);

(D) Persons on the mailing list developed by:

(I) Including those who request in writing to be on the

list;

(II) Soliciting persons for an area list from participants in

past permit proceedings in that area; and

(III) Notifying the public of the opportunity to be put on

the mailing list through periodic publications in the public

press and in appropriate publications of the department;

(E) Any unit of local government having jurisdiction

over the area where the facility is proposed to be located, and

each state agency having any authority under state law with

respect to construction or operation of such facility;

(ii) For major permits, by publication of a notice in a

daily or weekly newspaper within the area affected by the

facility;

(iii) For all permits, by publication of notice in a daily or

weekly major local newspaper of general circulation, and

local radio broadcast of the public notice; and

(iv) By any other method reasonably calculated to give

notice of the action in question to the persons potentially

affected by it, including press releases or any other forum or

medium to elicit public participation.

(4) Contents of the public notice.

(a) All public notices issued will contain the following

minimum information:

(i) Name and address of the office processing the permit

action for which notice is being given;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by

the permit;

(iii) A brief description of the business conducted at the

facility or activity described in the permit application or the

draft permit;

(iv) Name, address, and telephone number of a person

from whom interested persons may obtain further informa-
173-303-840 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 210] (6/30/09)

tion, including copies of the draft permit, fact sheet or statement of basis, and the application;

(v) A brief description of the comment procedures and

the time and place of any hearing that will be held, including

a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by

which the public may participate in the final permit decision;

(vi) And any additional information considered necessary or proper.

(b) In addition to the general public notice described in

(a) of this subsection, public notice of a hearing under subsection (5) of this section will contain the following information:

(i) Date, time, and place of the hearing;

(ii) Reference to the date of the previous public notice

relating to the permit; and

(iii) A brief description of the nature and purpose of the

hearing including the applicable rules and procedures.

(c) In addition to the general public notice all persons

identified in WAC 173-303-840 (3)(e)(i)(A), (B), and (C)

will be mailed a copy of the fact sheet, the permit application

(if any), and the draft permit (if any).

(d) Public comments and request for public hearings.

During the public comment period any interested person may

submit written comments on the draft permit and may request

a public hearing, if no hearing has already been scheduled. A

request for a public hearing must be in writing and must state

the nature of the issues proposed to be raised in the hearing.

All comments will be considered in making the final decision

and will be answered according to WAC 173-303-840(9).

(5) Public hearings.

(a) The department will hold a public hearing whenever,

on the basis of requests, there is a significant degree of public

interest in a draft permit or there is written notice of opposition and the director receives a request for a hearing during

the forty-five day comment period. The department also may

hold a public hearing at its discretion, whenever, for instance,

such a hearing might clarify one or more issues involved in

the permit decision. Public notice of the hearing will be given

as specified in WAC 173-303-840(3). Whenever possible,

the department will schedule a public hearing under this subsection at a location convenient to the nearest population center to the proposed facility.

(b) Any person may submit oral or written statements

and data concerning the draft permit. Reasonable limits may

be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public

comment period under WAC 173-303-840(3) will automatically be extended to the close of any public hearing under this

subsection. The hearing officer may also extend the comment

period by so stating at the hearing.

(c) A tape recording or written transcript of the hearing

will be made available to the public.

(6) Obligation to raise issues and provide information

during the public comment period.

(a) All persons, including applicants, who believe any

condition of a draft permit is inappropriate, or that the department's tentative decision to deny an application, terminate a

permit, or prepare a draft permit is inappropriate, must raise

all reasonably ascertainable issues and submit all reasonably

available arguments and factual grounds supporting their

position, including all supporting material, by the close of the

public comment period (including any public hearing) under

WAC 173-303-840(3).

(b) All supporting materials will be included in full and

may not be incorporated by reference, unless they are already

part of the administrative record in the same proceeding, or

consist of state or federal statutes and regulations, documents

of general applicability, or other generally available reference materials. Commenters must make supporting material

not already included in the administrative record available to

the department. A comment period longer than forty-five

days will often be necessary in complicated proceedings to

give commenters a reasonable opportunity to comply with

the requirements of this subsection. Commenters may request

a longer comment period.

(7) Reopening of the public comment period. If any data,

information, or arguments submitted during the public comment period, including information or arguments required

under subsection (6) of this section, appear to raise substantial new questions concerning a permit, the department may

take one or more of the following actions:

(a) Prepare a new draft permit, appropriately modified;

(b) Prepare a revised statement of basis, a fact sheet or

revised fact sheet, and reopen the comment period; or

(c) Reopen or extend the comment period to give interested persons an opportunity to comment on the information

or arguments submitted.

Comments filed during the reopened comment period

will be limited to the substantial new questions that caused its

reopening. The public notice will define the scope of the

reopening.

(8) Issuance and effective date of permit.

(a) After the close of the public comment period under

WAC 173-303-840(5) on a draft permit, the department will

issue a final permit decision (or a decision to deny a permit

for the active life of a RCRA dangerous waste facility or unit

under WAC 173-303-840). The department will notify the

applicant and each person who has submitted written comments or requested notice of the final permit decision. For

purposes of this section, a final permit means a final decision

to issue, deny, modify, revoke and reissue, or terminate a permit.

(b) A final permit decision will become effective thirty

days after the service of notice of the decision, unless:

(i) A later effective date is specified in the decision; or

(ii) No comments requested a change in the draft permit,

in which case the permit will become effective immediately

upon issuance; or

(iii) Review is requested under chapter 43.21B RCW or

an evidentiary hearing is requested under RCW 43.21B.160.

(9) Response to comments. At the time that any final permit is issued, the department will issue a response to comments. This response will specify which provisions, if any, of

the draft permit have been changed in the final permit decision and the reason for the change, and briefly describe and

respond to all significant comments of the draft permit raised

during the public comment period or during any hearing. The

response to comments shall be available to the public.

(10) Decision-making procedure for modification, revocation and reissuance, or termination of permits.
Dangerous Waste Regulations 173-303-902

(6/30/09) [Ch. 173-303 WACóp. 211]

(a) Permits may be modified, revoked and reissued, or

terminated either at the request of any interested person

(including the permittee) or upon the department's initiative.

However, permits may only be modified or revoked and reissued for the reasons specified in WAC 173-303-830(3), or

terminated for the reasons specified in WAC 173-303-805 or

173-303-830(5). All requests must be in writing and must

contain facts or reasons supporting the request.

(b) If the department tentatively decides to modify or

revoke and reissue a permit under WAC 173-303-830 (3) or

(4)(c), it will prepare the draft permit under WAC 173-303-

840(2), incorporating the proposed changes. The department

may request additional information and, in the case of a modified permit, may require the submission of an updated permit

application. In the case of revoked and reissued permits, the

department will require the submission of a new application.

(c) In a permit modification under this subsection, only

those conditions to be modified will be reopened when a new

draft permit is prepared. All other aspects of the existing permit will remain in effect for the duration of the unmodified

permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had

expired and was being reissued. During any revocation and

reissuance proceeding the permittee must comply with all

conditions of the existing permit until a new final permit is

reissued.

(d) "Class 1 and class 2 modifications" as defined in

WAC 173-303-830 (4)(a) and (b) are not subject to the

requirements of this subsection.

(e) If the department tentatively decides to terminate an

interim status permit under WAC 173-303-805 or a final permit under WAC 173-303-806, it will issue a notice of intent

to terminate. A notice of intent to terminate is a type of draft

permit which follows the same procedures as any draft permit

prepared under WAC 173-303-840(2).

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-840, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-840, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-840, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-840, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 84-14-031 (Order DE 84-22), ß 173-

303-840, filed 6/27/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-840, filed

2/10/82.]

173-303-841

WAC 173-303-841 Integration with maximum

achievable control technology (MACT) standards. 40

CFR 270.235, Options for incinerators and cement and lightweight aggregate kilns to minimize emissions from startup,

shutdown, and malfunction events, is incorporated by reference. The incorporated provision is 40 CFR Part 270 Subpart

I, Integration with maximum achievable control technology

(MACT) standards.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-841, filed 11/30/04, effective 1/1/05.]

173-303-845

WAC 173-303-845 Appeal of decision. Any person

who is adversely affected by a decision of the department

under chapter 173-303 WAC may appeal the decision to the

pollution control hearings board pursuant to chapter 43.21B

RCW.

[Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023

(Order DE 81-33), ß 173-303-845, filed 2/10/82.]

173-303-900 WAC 173-303-900 Public involvement and participation. (1) Intent. Public involvement and participation plays

a significant role in the decision making process. The department intends to foster public awareness, information and consultation, and to respond actively to public concerns. The

department will inform the public of major issues, proposed

projects, and regulatory changes, and will consult interested

and affected segments of the public before making important

decisions. The overall goal of the department is to provide

knowledge to the public about dangerous waste issues that

vitally affect the state, to encourage broader understanding of

the public role in dangerous wastes and their proper management, and to promote an open dialogue between the public,

industry, and government.

(2) Applicable requirements. In fulfilling the intent of

public involvement and participation in the decision making

process, the department will refer to and, where applicable,

follow the requirements and guidance set forth in the following:

(a) Chapter 34.04 RCW, Administrative Procedure Act;

(b) Chapter 34.08 RCW, Washington State Register Act

of 1977;

(c) Chapter 42.17 RCW, Public Records Act;

(d) Chapter 197-11 WAC, Guidelines interpreting and

implementing the State Environmental Policy Act;

(e) 40 CFR Part 25, Public Participation in Programs

Under the Resource Conservation and Recovery Act, the Safe

Drinking Water Act, and the Clean Water Act; and

(f) Reserve.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018

(Order 97-03), ß 173-303-900, filed 1/12/98, effective 2/12/98; 94-01-060

(Order 92-33), ß 173-303-900, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order

DE 81-33), ß 173-303-900, filed 2/10/82.]

173-303-902 WAC 173-303-902 Citizen/proponent negotiations.

(1) Intent and purpose. Successful siting of dangerous waste

management facilities depends on public confidence, which

requires affected communities to have opportunities to meet

with owners/operators of proposed dangerous waste management facilities to resolve concerns about such facilities. RCW

70.105.260 authorizes the department to specify a procedure

for conflict resolution activities for dangerous waste management facility proponents, host communities, citizens and citizen groups, and to expend funds to support such activities.

The purpose of this section is to set forth a procedure for

negotiations between affected communities and the proponent of a facility, and the eligibility criteria for financial

assistance.

(2) Applicability.

(a) This section applies to local governments and citizens

potentially affected by the siting and permitting of a dangerous waste management facility, owners and operators of proposed facilities, and owners and operators of facilities for

which interim or final status permit applications have been

submitted to the department prior to the effective date of this
173-303-902 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 212] (6/30/09)

section. This section also applies to existing facilities with

interim or final status for which the department receives an

application for expansion. This section only applies to the

expanded portion of the existing facility.

(b) A modified citizen/proponent negotiations (CPN)

process will apply to lead local governments who are also

proponents of the facility.

(c) This section does not apply to:

(i) Owners/operators of facilities or portions of facilities

applying for research, development and demonstration permits, pursuant to WAC 173-303-809 or section 3005(g) of

the Resource Conservation and Recovery Act, codified in 40

CFR Part 270.65;

(ii) Owners/operators of facilities operating under an

emergency permit pursuant to WAC 173-303-804;

(iii) Persons at facilities conducting on-site cleanup of

sites under the Comprehensive Environmental Response

Compensation and Liability Act, Sections 3004(u), 3004(v),

and 3008(h) of the Resource Conservation and Recovery Act,

chapter 70.105 RCW, or chapter 70.105D RCW, provided

the cleanup activities are being conducted under a consent

decree, agreed order, or enforcement order, or is being conducted by the department or United States Environmental

Protection Agency;

(iv) Persons managing solid wastes who become subject

to dangerous waste regulations through amendments to this

chapter. This provision applies only to those activities operated in accordance with local, state, and federal requirements

and which were being conducted prior to becoming subject to

dangerous waste regulations, chapter 173-303 WAC or

expansions, if it can be demonstrated to the satisfaction of the

department that the proposed expansion of such activities

will provide a net increase in protection to human health and

the environment beyond that which is currently provided at

the facility;

(v) Owners/operators of facilities who seek to obtain a

dangerous waste permit for waste storage and satisfy all of

the following:

(A) The facility recycles dangerous waste in a process

that is exempt from dangerous waste permitting.

(B) Waste storage is used strictly to support the exempt

recycling.

(C) Waste storage is in tanks, containers, or a containment building.

(D) Waste storage is indoors; or

(vi) Owners/operators of existing designated zone facilities as defined in this section seeking a significant expansion.

(3) Relationship to other legislation and administrative

rules.

(a) The lead local government receiving a grant under

this section, must comply fully with all applicable federal,

state, and local laws, orders, regulations, and permits.

(b) Nothing in this section will influence, affect, or modify department programs, regulations, or enforcement of

applicable laws relating to dangerous waste management and

disposal.

(c) All grants under this section will be subject to all

existing accounting and auditing requirements of state laws

and regulations applicable to the issuance of grant funds.

(4) Definitions. As used in this section:

(a) "Citizen/proponent negotiations (CPN)" means a

communication process, as specified in these regulations and

associated guidelines, between the proponent of a dangerous

waste management facility and potentially affected citizens,

to reach an agreement when there are shared and opposing

interests.

(b) "Designated zone facility" means any facility that

requires an interim or final status permit, located in a land use

zone designated for handling hazardous substances and hazardous waste, and is not a preempted facility as defined in this

section.

(c) "Environmental impact statement (EIS)" means an

environmental document prepared according to the State

Environmental Policy Act (SEPA), that provides decision

makers and the public with an impartial discussion of probable significant environmental impacts, reasonable alternatives, and mitigation measures that would avoid impacts,

minimize adverse impacts, or enhance environmental quality.

(d) "Existing facility," as defined by WAC 173-303-281,

means a facility for which an interim or final status permit

has been issued by the department pursuant to WAC 173-

303-805 or 173-303-806.

(e) "Expansion," as defined by WAC 173-303-281,

means the enlargement of the land surface area of an existing

facility from that described in an interim status permit, the

addition of a new dangerous waste management process, or

an increase in the overall design capacity of existing dangerous waste management processes at a facility. However, a

process or equipment change within the existing handling

code (not to include "other") as defined under WAC 173-303-

380 (2)(d) will not be considered a new dangerous waste

management process.

(f) "Facilitator" means one who assists at a meeting or

group discussion.

(g) "Grant applicant" means the lead local government

requesting a citizen/proponent negotiations grant.

(h) "Lead local government" means the city or county in

which all or a majority of the proposed dangerous waste management facility would be located, unless the lead local government is a proponent of the project.

(i) "Local negotiating committee" means a committee,

appointed by the lead local government, whose membership

consists of broad representation from city and county government, citizen groups, academia, business, industry, Indian

tribes, and environmental groups potentially affected by the

siting of a dangerous waste management facility.

(j) "Mediator" means a neutral person who is accepted

voluntarily by opposing parties in a dispute to assist in reaching a settlement.

(k) "Notice of intent," as specified in WAC 173-303-

281, means the notice provided by the owner/operator of a

facility to the department, local communities, and the public

stating that the siting of a dangerous waste management facility, or the expansion of an existing facility, is being considered.

(l) "Neutral convener" means a nonpartisan person hired

by the lead local government to convene and preside over the

official public meeting.

(m) "Preempted facility" means any facility that includes

as a significant part of its activities any of the following operations: (i) Landfill, (ii) incineration, (iii) land treatment, (iv)
Dangerous Waste Regulations 173-303-902

(6/30/09) [Ch. 173-303 WACóp. 213]

surface impoundment to be closed as a landfill, or (v) waste

pile to be closed as a landfill.

Local jurisdictions who fail to establish designated land

use zones for handling hazardous substances and hazardous

waste within eighteen months after the enactment of siting

criteria in accordance with RCW 70.105.210 will be subject

to preemptive provisions until such time as zone designations

are completed and approved by the department.

(n) "Potentially affected area" means the area within a

twenty-mile radius of a proposed dangerous waste management facility or a proposed expansion to an existing facility

or, any area of impact larger or smaller than the twenty-mile

radius as determined by the department.

(o) "Proponent" means any person applying to the

department for a dangerous waste management facility permit or for the expansion of an existing permit under WAC

173-303-805 or 173-303-806.

(p) "Proposed facility" means a facility that does not

have interim or final status on the effective date of this section, and for which the owner/operator applies for an interim

or final status permit under WAC 173-303-805 or 173-303-

806 after the effective date of this section.

(q) "SEPA" means the State Environmental Policy Act,

chapter 43.21C RCW, and SEPA rules, chapter 197-11

WAC.

(5) Citizen/proponent negotiations procedures.

(a) Notice of intent. A proponent for a dangerous waste

management facility must apply to the department for a dangerous waste management facility permit or for the expansion of an existing permit. In compliance with WAC 173-

303-281, the proponent must submit a notice of intent to the

department no less than one hundred fifty days prior to filing

an application for a permit or permit revision.

(b) Notice letter.

(i) Within fourteen days of receipt of the notice of intent,

the department will send, by registered mail, a copy of the

notice of intent, a copy of the CPN regulation, associated

guidelines, and a CPN grant application to the elected officials of the lead local government and all local governments

within the potentially affected area.

(ii) The notice letter will alert all communities within the

potentially affected area that a notice of intent to file was submitted to the department, the availability of a CPN grant, the

procedures for applying for a CPN grant, and the procedures

for conducting the CPN process.

(iii) Within thirty days of the effective date of this section, the department will send, by registered mail, a notice

letter to all local governments potentially affected by facilities for which the department has already received a permit

application. The notice letter will contain a copy of the CPN

regulation, associated guidelines, and a CPN grant application.

(iv) If the lead local government is also a proponent of

the facility, responsibility for CPN will be deferred to a committee comprised of representatives from all incorporated cities and towns, and all the counties in the potentially affected

area. This committee must decide, among the government

entities represented, who will be the lead local government

for the purposes of applying for and administering the CPN

grant and selecting members to the negotiating committee as

set forth in subsection (6) of this section.

(c) Selection of the neutral convener. Within sixty days

of the notice letter, the lead local government and the facility

proponent must jointly select a neutral convener, facilitator,

or mediator to organize and preside over an official public

meeting, assist in selecting the local negotiating committee,

and mediate citizen/proponent negotiations.

(d) The public meeting. The purpose of the public meeting will be:

(i) To advise local citizens within the potentially affected

area of the CPN procedures, the State Environmental Policy

Act (SEPA) requirements, and the dangerous waste management permit process;

(ii) To allow the proponent to present elements of the

proposal;

(iii) To take public testimony on whether to agree to participate in the CPN process.

(e) Expenditures by the lead local government for the

initial costs of the neutral convener and the official public

meeting will be reimbursed by the department through an

interagency agreement with the lead local government.

(f) Decision notice. Within forty-five days of the public

meeting the lead local government must decide whether to

proceed with the negotiations process. The lead local government must forward notice of that decision to the department

and the proponent of the facility. Notice to the department of

an affirmative decision may include a completed grant application for financial assistance. If the lead local government

decides to participate in the negotiations process for preempted facilities, then the proponent will be required to participate. Citizen/proponent negotiations at designated zone

facilities will be voluntary for both parties.

(g) Appointment of local negotiating committee. Within

thirty days of the decision notice to proceed with CPN, the

lead local government and local governments within the

potentially affected area must appoint members to a local

negotiating committee, as set forth in subsection (6) of this

section, and mail notice of those appointments to the department and to the facility proponent.

(h) Organizational meeting. Within twenty-one days of

the committee appointments, the committee must hold an

organizational meeting to establish the committee goals, set

schedules, identify tasks, discuss funding, and identify issues

to research.

(i) Negotiations process. The negotiations process may

occur in two stages.

(i) Stage 1. Within thirty days of the organizational meeting, the local negotiating committee, with the assistance of

the neutral convener, must initiate negotiations and public

information and education activities. The local negotiating

committee will have one hundred twenty days, or until completion of the SEPA process, to conduct public information

and education activities on dangerous waste management and

dangerous waste management facilities and to negotiate

emerging issues and concerns.

(ii) Stage 2. Upon completion of the SEPA process, with

the assistance of the neutral convener, the local negotiating

committee may continue formal negotiations. If no environmental impact statement is required as part of the SEPA process, the local negotiating committee may negotiate for up to

one hundred twenty days. If an environmental impact statement is required as part of the SEPA process, negotiations
173-303-902 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 214] (6/30/09)

may take place until one hundred twenty days after the issuance of the final environmental impact statement. Upon completion of formal negotiations, all agreements should be submitted to the department for review for applicability to the

operating permit.

(iii) Negotiations should focus on the mitigation of

impacts identified by persons in the affected area and those

impacts identified during the SEPA process, which may

include but are not limited to:

(A) Technical aspects of the facility proposal;

(B) Emergency response;

(C) Economic impacts;

(D) Management of the facility;

(E) Site characteristics;

(F) Transportation;

(G) Compliance assurance.

(iv) During each stage of the negotiations process, the

committee must, at a minimum:

(A) Arrange public forums at key points in the negotiations to solicit input from the local community and provide

public education regarding the issues and elements of the

proposed facility or facility expansion.

(B) Arrange smaller community gatherings with the

whole committee or subgroups of the committee to supplement the larger meetings and to provide more opportunities

for discussion with community members.

(C) Meet with key community leaders to solicit information and opinion.

(D) Prepare a draft of the completed local negotiating

committee report and agreements. The draft must be submitted for review and comment to the proponent and local

county, city, and town officials who made the committee

appointments.

(E) Prepare the final local negotiating committee report

and agreements. Final copies must be submitted to the department and distributed to the proponent and local county, city,

and town officials who made the committee appointments.

(v) Negotiations may be reopened upon agreement by

both parties as long as a draft permit has not been issued.

(j) Agreements. Any specific agreement reached

between the local negotiating committee and the proponent,

deemed valid and applicable by the department, may be

incorporated in the operating permit issued by the department. Any agreements not applicable to the operating permit

may be implemented by the proponent and local communities

through a contract or other legal means.

(6) Local negotiating committee.

(a) Appointments to the local negotiating committee

must be made as follows:

(i) Four members must be appointed by the lead local

government.

If the lead local government is the county, committee

appointments will be made by the county executive in charter

counties or the board of county commissioners. If the lead

local government is an incorporated town or city, committee

appointments will be made by the mayor.

(ii) The mayor of each incorporated city or town in the

potentially affected area, that is not a lead local government,

must appoint one member to the committee.

(iii) The county executive or the board of county commissioners of each county in the potentially affected area,

that is not a lead local government, must appoint one member

to the committee.

(iv) Each federally-recognized Indian tribe located in the

potentially affected area must appoint one member to the

committee.

(v) If all or the majority of a facility is located wholly

within city limits, the board of county commissioners or

county executive of the potentially affected county must

appoint two members to the citizen negotiating committee. If

the facility is located wholly within the county, these appointments will not be made.

(b) Local negotiating committees must have broad representation including but not limited to representation from

academia, business and industry, citizen organizations, environmental groups, agricultural groups, health professionals,

emergency response organizations, and fire districts.

(c) After the initial committee appointments are made,

the neutral convener must assess the group representation and

determine which interest groups are not represented. The

committee, with the aid of the neutral convener, will then

select up to four additional members to serve on the local

negotiating committee. These selections must be made from

interest groups not already represented on the negotiating

committee.

(d) Elected officials will not be members of the local

negotiating committee.

(7) Modified CPN procedures. Modified CPN procedures apply to lead local governments who are also proponents of a dangerous waste management facility.

(a) Notice letter. Within fourteen days of the notice of

intent or thirty days of the effective date of this section, the

department will notify all local governments in the potentially affected area of applications for proposed facilities or

expansions of existing facilities and of the opportunity for

formal negotiations under CPN and the availability of a CPN

grant.

(b) Decision notice. The local governments will have

forty-five days to form a committee to:

(i) Determine whether they wish to participate in CPN;

(ii) Determine who will be the lead local government;

(iii) Select a neutral convener, facilitator, or mediator;

(iv) Notify the department and the proponent of those

decisions; and

(v) Complete a grant application for financial assistance

if a decision is made to proceed with CPN.

(c) Once the lead local government is determined, modified CPN procedures must follow CPN procedures set forth

in subsections (5)(d) through (6)(d) of this section.

(8) Grant eligibility and eligible activities.

(a) Grant applicant eligibility and eligible activities are

the same for CPN and modified CPN.

(b) Grant applicant eligibility. Grants up to fifty thousand dollars will be awarded to the lead local government and

may be renewed once during the permitting process.

(c) Eligible costs. Eligible costs include direct costs of

the activities of the negotiating process. These costs include:

(i) The local committee's expenses such as travel, office

space or lodging, supplies, postage, report production costs,

and meeting room costs;

(ii) Neutral convener's, facilitator's, or mediator's fees

and expenses;
Dangerous Waste Regulations 173-303-910

(6/30/09) [Ch. 173-303 WACóp. 215]

(iii) Technical assistance for the committee; and

(iv) Other costs determined necessary by the department.

(d) Ineligible costs. Grant funds may not be used by the

grant applicant to support legal actions against the department, or facility owners/operators.

(9) Grant administration and funding.

(a) A grant application package will be sent to the lead

local government with the notice letter. Grant application

packages include grant application deadlines, grant guidelines, and application forms.

(b) Completed grant applications will be reviewed by the

department. To receive a grant offer, successful applications

must include all required elements as outlined in the guidelines.

(c) The obligation of the department to make grant

awards and payments is contingent upon the availability of

funds through legislative appropriation and allotment, and

such other conditions not reasonably foreseeable by the

department rendering performance impossible. When the

grant crosses over bienniums, the obligation of the department is contingent upon the appropriation of funds during the

next biennium.

(d) The department will fund up to fifty percent of the

total grant amount or up to fifty thousand dollars for

citizen/proponent negotiations and the proponent of a dangerous waste management facility must fund up to fifty percent of the total grant amount or up to fifty thousand dollars.

(e) Disbursement of funds. The department will be

responsible for reimbursement of all eligible CPN costs

incurred. The proponent must enter into a contract with the

department for the proponent's share of the CPN grant. The

department will be responsible for all eligible CPN costs

incurred before the decision notice and its share of any eligible CPN costs incurred after the decision notice, up to fifty

thousand dollars. The proponent will be responsible for its

share of all remaining eligible CPN costs incurred after the

decision notice and after an executed grant award is made to

the lead local government, up to fifty thousand dollars.

(f) The department, on at least a biennial basis, will

determine the amount of funding available for

citizen/proponent negotiation grants.

(g) All grantees will be held responsible for payment of

salaries, consultant's fees, and other overhead costs contracted under a grant awarded to the lead local government.

(h) To the extent that the Constitution and laws of the

state of Washington permit, the grantee will indemnify and

hold the department harmless from and against, any liability

for any or all injuries to persons or property arising from the

negligent act or omission of the grantee arising out of a grant

contract, except for such damage, claim, or liability resulting

from the negligent act or omission of the department.

(i) All grants under this chapter will be consistent with

the provisions of "Financial Guidelines for Grant Management" WDOE 80-6, May 1980, Reprinted March 1982, or

subsequent guidelines adopted thereafter.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-902, filed 6/30/09, effective 7/31/09; 95-22-008

(Order 94-30), ß 173-303-902, filed 10/19/95, effective 11/19/95. Statutory

Authority: RCW 70.105.260 and 1989 c 2. 89-21-071 (Order 89-25), ß 173-

303-902, filed 10/17/89, effective 11/17/89.]

173-303-905 WAC 173-303-905 Response to requests for public

records. RCW 42.17.320 requires that the department, when

responding to requests for public records make such

responses "promptly." The department often receives

requests, submitted pursuant to chapter 42.17 RCW, for public records that exist because of the requirements of or actions

mandated by this chapter (such public records are referred to

as dangerous waste records). When the department receives

requests for such dangerous waste records, then the department will respond promptly, as required by RCW 42.17.320,

and in no event will the response occur later than twenty

working days after receipt of the public request submitted

pursuant to chapter 42.17 RCW.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008

(Order 94-30), ß 173-303-905, filed 10/19/95, effective 11/19/95. Statutory

Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), ß 173-303-905,

filed 9/6/88.]

173-303-910 WAC 173-303-910 Petitions. (1) General petitions.

(a) Any person may petition the department to modify or

revoke any provision in this chapter. This subsection sets

forth general requirements which apply to all such petitions.

The remaining subsections of this section describe additional

requirements for specific types of petitions.

(b) Each petition must be submitted to the department by

certified mail and must include:

(i) The petitioner's name and address;

(ii) A statement of the petitioner's interest in the proposed action;

(iii) A description of the proposed action, including

(where appropriate) suggested regulatory language; and

(iv) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other

information.

(c) The department will make a tentative decision to

grant or deny the petition and give public notice of the tentative decision in writing. The notice will be distributed to

interested persons on a mailing list developed specifically for

petitions and persons expressing interest in amendments to

this chapter. The public comment period will be a minimum

of twenty-one days.

(d) Upon the written request of any interested person, the

director may, at his discretion, hold a conference to consider

oral comments on the action proposed in the petition. A person requesting a conference must state the issues to be raised

and explain why written comments would not suffice to communicate the person's views. The director may in any case

decide on his own motion to hold a conference.

(e) After evaluating all public comments the department

will make a final decision in accordance with RCW

34.05.330 or 34.05.240. The department will either deny the

petition in writing (stating its reasons for denial), or grant the

petition and, when appropriate, initiate rule-making proceedings in accordance with RCW 34.05.330.

(2) Petitions for equivalent testing or analytical methods.

(a) Any person seeking to add a testing or analytical

method to WAC 173-303-110 may petition for a regulatory

amendment under this section. To be successful, the person

must demonstrate to the satisfaction of the department that

the proposed method is equal to or superior to the corresponding method prescribed in WAC 173-303-110, in terms
173-303-910 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 216] (6/30/09)

of its sensitivity, accuracy, and precision (i.e., reproducibility).

(b) Each petition must include, in addition to the information required by subsection (1) of this section:

(i) A full description of the proposed method, including

all procedural steps and equipment used in the method;

(ii) A description of the types of wastes or waste matrices for which the proposed method may be used;

(iii) Comparative results obtained from using the proposed method with those obtained from using the relevant or

corresponding methods prescribed in WAC 173-303-110;

(iv) An assessment of any factors which may interfere

with, or limit the use of, the proposed method; and

(v) A description of the quality control procedures necessary to ensure the sensitivity, accuracy and precision of the

proposed method.

(c) After receiving a petition for an equivalent testing or

analytical method, the department may request any additional

information on the proposed method which it may reasonably

require to evaluate the proposal.

(d) If the department amends the regulations to permit

use of a new testing method, the method will be incorporated

at WAC 173-303-110(3) and in a document which will be

available from the department.

(3) Petitions for exempting dangerous wastes from a particular generator. Note that a generator must also petition the

U.S. EPA to exempt their waste if it is a federally listed

waste.

(a) Any generator seeking to exempt his dangerous waste

may petition the department for exemption from the requirements of WAC 173-303-070 through 173-303-100.

(b) To be successful, the generator must make the demonstrations required in WAC 173-303-072(3) and, where

applicable, (4).

(c) Each petition must include, in addition to the information required by subsection (1) of this section:

(i) The name and address of the laboratory facility performing the sampling or tests of the waste;

(ii) The names and qualifications of the persons sampling and testing the waste;

(iii) The dates of sampling and testing;

(iv) The location of the generating facility;

(v) A description of the manufacturing processes or other

operations and feed materials producing the waste and an

assessment of whether such processes, operations, or feed

materials can or might produce a waste that is not covered by

the demonstration;

(vi) A description of the waste and an estimate of the

average and maximum monthly and annual quantities of

waste covered by the demonstration;

(vii) Pertinent data on and discussion of the factors delineated in WAC 173-303-072(3) and, where applicable, (4);

(viii) A description of the methodologies and equipment

used to obtain the representative samples;

(ix) A description of the sample handling and preparation techniques, including techniques used for extraction,

containerization and preservation of the samples;

(x) A description of the tests performed (including

results);

(xi) The names and model numbers of the instruments

used in performing the tests and the date of the last calibration for instruments which must be calibrated according to

manufacturer's instructions; and

(xii) The following statement signed by the generator of

the waste or his authorized representative:

I certify under penalty of law that I have personally

examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the

information, I believe that the submitted information is true, accurate, and complete. I am aware that

there are significant penalties for submitting false

information, including the possibility of fine and

imprisonment.

(d) After receiving a petition for a dangerous waste

exemption, the department may request any additional information which it may reasonably require to evaluate the petition.

(e) An exemption will only apply to the waste generated

by the particular generator covered by the demonstration and

will not apply to waste from any other generator.

(f) The department may exempt only part of the waste

for which the demonstration is submitted where there is reason to believe that variability of the waste justifies a partial

exemption.

(g) The department may (but will not be required to)

grant a temporary exemption before making a final decision

under subsection (1) of this section, whenever it finds that

there is a substantial likelihood that an exemption will be

finally granted.

(h) Any waste for which an exemption is sought will

remain designated and be subject to the applicable requirements of this chapter until the generator of the waste is notified by the department that his waste is exempt.

(4) Petition for exclusion.

(a) Any generators seeking exclusion of a class of similar

or identical wastes under WAC 173-303-071, excluded categories of waste, may petition the department for exclusion.

To be successful, the generator(s) must make the demonstrations required in WAC 173-303-072(6) for all those wastes

generated in the state which might be excluded pursuant to

granting a petition submitted under this subsection. No class

of wastes will be excluded if any of the wastes are regulated

as hazardous waste under 40 CFR Part 261.

(b) Each petition for exclusion must include the information required by subsections (1) and (3)(c) of this section and

any other information required by the department.

(c) After receiving a petition for exclusion, the department may request any additional information it deems necessary to evaluate the petition.

(5) Petition for designation change. The provisions of

(a)(i) of this subsection do not apply to any dangerous waste

which is also designated as a hazardous waste under 40 CFR

Part 261 Subpart D.

(a) A generator may petition the department to change

the designation of his waste as follows:
Dangerous Waste Regulations 173-303-910

(6/30/09) [Ch. 173-303 WACóp. 217]

(i) A waste which is designated only for toxicity pursuant to WAC 173-303-100 but which is toxic solely because it

is highly acidic or basic (i.e., due to high or low pH) may be

subject only to the requirements for corrosive dangerous

wastes, provided that the generator can demonstrate this fact

to the department's satisfaction through information provided

under (b) of this subsection; and

(ii) A waste which is designated EHW may be redesignated DW, provided that the generator can demonstrate that

such redesignation is appropriate through information provided under (b) of this subsection.

(b) A petition under this subsection must include:

(i) The information required by subsections (1) and

(3)(c) of this section; and

(ii) Such other information as required by the department.

(c) A designation change under this subsection will

become effective only after the department has approved the

change and notified the generator of such approval.

(6) Petitions to allow land disposal of a waste restricted

under WAC 173-303-140.

(a) Any person seeking a land disposal restriction

exemption allowed under WAC 173-303-140(6) must submit

a petition to the department. The petition must include the

following general information:

(i) The petitioner's name and address;

(ii) A statement of the petitioner's interest in the proposed action;

(iii) A description of the proposed action;

(iv) A statement of the need and justification for the proposed action;

(v) An identification of the specific waste and the specific land disposal unit for which the exemption is desired;

(vi) A waste analysis to describe fully the chemical and

physical characteristics of the subject waste. All waste and

environmental sampling, test, and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow; and

(vii) A quality assurance and quality control plan that

addresses all sampling and testing aspects of the information

provided in the petition.

(b) In addition to the general information requirements in

subsection (a) of this section, the following specific information must be provided in the petition for individual case-bycase exemptions.

(i) Petition for land disposal exemption for treatment

residuals. Petitions for exemption of treatment residuals, as

allowed under WAC 173-303-140 (6)(a), must:

(A) Provide the type of waste management or treatment

method applied to the waste and the rationale for selecting

this method as the best achievable management method; and

(B) Document that the land disposal of the treatment

residual would not pose a greater risk to public health and the

environment than land disposal of the original wastes, including an analysis of the treatment residuals to fully describe

their chemical and physical characteristics; and

(C) Provide the management alternatives for the treatment residuals and the factors which, if an exemption is not

granted, would prevent the utilization of the best achievable

management method for the original dangerous waste.

(ii) Petition for economic hardship exemption. Petitions

for exemption on the basis of economic hardship, as allowed

under WAC 173-303-140 (6)(b), must:

(A) Supply the current management costs and the projected management costs to comply with the requirements of

WAC 173-303-140; and

(B) Provide the source of information utilized in determining the economic estimates; and

(C) Provide a discussion of how the projected compliance costs would impose an unreasonable economic burden.

(iii) Petition for leachable inorganic waste exemption.

Petitions for exemption of leachable inorganic wastes, as

allowed under WAC 173-303-140 (6)(c), must:

(A) Provide information demonstrating that the stabilization of the dangerous waste is less protective of public health

and the environment than landfilling; or

(B) Provide a list of stabilization facilities that could

accept the dangerous waste and information demonstrating

that they do not have available capacity to stabilize the waste;

or

(C) Provide information describing the types of stabilization utilized which did not reduce the solubility and mobility of the dangerous waste constituents and describe any

other stabilization methods that have been considered but not

utilized.

(iv) Petition for organic/carbonaceous waste exemption.

Petitions for exemption of organic/carbonaceous wastes, as

allowed under WAC 173-303-140 (6)(c), must:

(A) Provide information demonstrating that recycling,

treatment and incineration facilities are unavailable for the

waste, including a map marked both with the point of waste

generation and the point(s) of the nearest treatment, recycling

and incineration facility(s) that could manage the dangerous

waste; or

(B) Provide information demonstrating that the alternative management methods for organic/carbonaceous waste

are less protective of public health and the environment than

stabilization and landfilling; or

(C) Provide information demonstrating that:

(I) Recycling and treatment facilities are unavailable for

the waste, including a map marked both with the point of

waste generation and the point(s) of the nearest treatment,

recycling and incineration facility(s) that could manage the

dangerous waste; and

(II) The organic/carbonaceous waste has a heat content

less than 3,000 BTU/LB or a moisture content greater than

sixty-five percent.

(c) Each petition must include the following statement

signed by the petitioner or an authorized representative:

I certify under penalty of law that I have personally

examined and am familiar with the information submitted in this petition and all attached documents,

and that, based on my inquiry of those individuals

immediately responsible for obtaining the information, I believe the submitted information is true,

accurate, and complete. I am aware that there are

significant penalties for submitting false information, including the possibility of fine and imprisonment.

(d) Each petition must be submitted to:
173-303-950 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 218] (6/30/09)

Department of Ecology

HWTR Program

Attn Land Disposal Exemption

PO Box 47600

Olympia, WA 98504-7600

(e) After receiving a petition, the department may

request any additional information that reasonably may be

required to evaluate the petition and accompanying demonstration, such as a comprehensive characterization of the disposal unit site including an analysis of background air, soil,

and water quality. Simulation models must be calibrated for

the specific waste and site conditions, and verified for accuracy by comparison with actual measurements.

(f)(i) The department will make a tentative decision to

grant or deny the petition and give public notice of the tentative decision in writing. The notice will be distributed to

interested persons on a mailing list developed specifically for

petitions and persons expressing interest in amendments to

this chapter. The public comment period will be a minimum

of twenty-one days.

(ii) Upon the written request of any interested person, the

department may, at its discretion, hold a conference to consider oral comments on the action proposed in the petition. A

person requesting a conference must state the issues to be

raised and explain why written comments would not suffice

to communicate the person's views. The department may in

any case decide on its own motion to hold a conference.

(iii) After evaluating all public comments the department

will make a final decision in accordance with RCW

34.04.060 or 34.04.080. The department will either deny the

petition in writing (stating its reasons for denial), or grant the

petition.

(g) Prior to the department's decision, the applicant is

required to comply with all restrictions on land disposal

under WAC 173-303-140. The department should respond to

a petition within ninety days.

(h) If an exemption is granted, the department may

include specific conditions as deemed necessary by the

department to protect public health and the environment.

(i) If granted, the exemption will apply to land disposal

of the specific restricted waste at the individual disposal unit

described in the petition and accompanying demonstration.

The exemption will not apply to any other restricted waste at

that disposal unit, nor will it apply to that specific restricted

waste at any other disposal unit.

(j) If an exemption is granted, the department may withdraw the exemption on the following bases:

(i) If there is a threat to public health and the environment; or

(ii) If there is migration of dangerous waste constituents

from the land disposal unit or site for as long as the waste

remains dangerous; or

(iii) If the department finds reason to believe that the

information submitted in a petition is inaccurate or has been

falsified such that the petition should have been denied.

(k) The term of an exemption granted under this subsection will be established by the department at the time of issuance.

(l) Any exemption granted by the department does not

relieve the petitioner of his responsibilities in the management of dangerous waste under chapter 173-303 WAC.

(m) The department may (but will not be required to)

grant a temporary exemption before making a final decision,

whenever it finds that there is a substantial likelihood that an

exemption will be finally granted. Temporary exemptions

will not be subject to the procedures of (f) of this subsection.

Temporary exemptions will not be a cause of delaying final

decision making on the petition request.

(7) Petitions to amend WAC 173-303-573 to include

additional dangerous wastes.

(a) Any person seeking to add a dangerous waste or a

category of dangerous waste to the universal waste regulations of WAC 173-303-573 may petition for a regulatory

amendment under this section and WAC 173-303-573 (39)

and (40).

(b) To be successful, the petitioner must demonstrate to

the satisfaction of the department that regulation under the

universal waste regulations of WAC 173-303-573: Is appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will

improve implementation of the dangerous waste program.

The petition must include the information required by subsection (1) of this section. The petition should also address as

many of the factors listed in WAC 173-303-573(40) as are

appropriate for the waste or category of waste addressed in

the petition.

(c) The department will grant or deny a petition using the

factors listed in WAC 173-303-573(40). The decision will be

based on the weight of evidence showing that regulation

under WAC 173-303-573 is appropriate for the waste or category of waste, will improve management practices for the

waste or category of waste, and will improve implementation

of the dangerous waste program.

(d) The department may request additional information

needed to evaluate the merits of the petition.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-910, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-910, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-

03-018 (Order 97-03), ß 173-303-910, filed 1/12/98, effective 2/12/98; 95-

22-008 (Order 94-30), ß 173-303-910, filed 10/19/95, effective 11/19/95; 94-

01-060 (Order 92-33), ß 173-303-910, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), ß 173-

303-910, filed 1/5/88, effective 2/5/88; 86-12-057 (Order DE-85-10), ß 173-

303-910, filed 6/3/86; 84-14-031 (Order DE 84-22), ß 173-303-910, filed

6/27/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260.

82-05-023 (Order DE 81-33), ß 173-303-910, filed 2/10/82.]

173-303-950 WAC 173-303-950 Violations and enforcement. Any

violation of this chapter may be subject to the enforcement

and penalty sanctions of chapter 70.105 RCW. Such violations include, but are not limited to:

(1) Offering or transporting dangerous waste to a facility

which does not have a permit;

(2) Transferring, treating, storing, or disposing of dangerous waste without a permit; or

(3) Falsely representing information in any application,

label, manifest, record, report, permit, petition, or other document filed, maintained or used for the purpose of compliance with this chapter.

[Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), ß

173-303-950, filed 4/18/84.]
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 219]

173-303-960 WAC 173-303-960 Special powers and authorities of

the department. Notwithstanding any other provision of this

chapter, the department may direct the attorney general to

bring actions for injunctive, declaratory, or other relief to

enforce any requirement of this chapter, or to bring suit to

immediately restrain or obtain such other relief as may be

necessary against any person contributing to the handling,

storage, treatment, transportation, recycling, or disposal of

any dangerous waste or solid waste that may present an

imminent and substantial endangerment to health or the environment.

[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-960, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order

DE-85-10), ß 173-303-960, filed 6/3/86.]

173-303-9901 WAC 173-303-9901 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-9901, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-303-

9901, filed 6/26/87; 84-09-088 (Order DE 83-36), ß 173-303-9901, filed

4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-

05-023 (Order DE 81-33), ß 173-303-9901, filed 2/10/82.]

173-303-9902 WAC 173-303-9902 Reserved.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-9902, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), ß 173-303-

9902, filed 6/3/86. Statutory Authority: Chapter 70.105 RCW and RCW

70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-9902, filed 2/10/82.]

173-303-9903 WAC 173-303-9903 Discarded chemical products

list.

Discarded Chemical Products List

"P" Chemical Products

Comment: For the convenience of the regulated community, the primary

hazardous properties of these materials have been indicated by

the letters T (Toxicity), and R (Reactivity). Absence of a letter

indicates that the compound is only listed for acute toxicity.

Wastes are first listed in alphabetical order by substance and then

listed again in numerical order by Dangerous Waste Number.

The "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P023 107-20-0 Acetaldehyde, chloroP002 591-08-2 Acetamide, N-(aminothioxomethyl)-

P057 640-19-7 Acetamide, 2-fluoroP058 62-74-8 Acetic acid, fluoro-, sodium salt

P002 591-08-2 1-Acetyl-2-thiourea

P003 107-02-8 Acrolein

P070 116-06-3 Aldicarb

P203 1646-88-4 Aldicard sulfone

P004 309-00-2 Aldrin

P005 107-18-6 Allyl alcohol

P006 20859-73-8 Aluminum phosphide (R,T)

P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol

P008 504-24-5 4-Aminopyridine

P009 131-74-8 Ammonium picrate (R)

P119 7803-55-6 Ammonium vanadate

P099 506-61-6 Argentate(1-), bis(cyano-C)-, potassium

P010 7778-39-4 Arsenic acid H3AsO4

P012 1327-53-3 Arsenic oxide As2O3

P011 1303-28-2 Arsenic oxide As2O5

P011 1303-28-2 Arsenic pentoxide

P012 1327-53-3 Arsenic trioxide

P038 692-42-2 Arsine, diethylP036 696-28-6 Arsonous dichloride, phenylP054 151-56-4 Aziridine

P067 75-55-8 Aziridine, 2-methylP013 542-62-1 Barium cyanide

P024 106-47-8 Benzenamine, 4-chloroP077 100-01-6 Benzenamine, 4-nitroP028 100-44-7 Benzene, (chloromethyl)-

P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

P046 122-09-8 Benzeneethanamine, alpha,alpha-dimethylP014 108-98-5 Benzenethiol

P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, 

methylcarbamate

P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with 

(3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-

trimethylpyrrolo[2,3-b]indo1-5-yl methylcarbamate ester (1:1)

P001 181-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenylbutyl)-, & salts, when present 

at concentrations greater than 0.3%

P028 100-44-7 Benzyl chloride

P015 7440-41-7 Beryllium powder

P017 598-31-2 Bromoacetone

P018 357-57-3 Brucine

P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-

(methylthio)-, O-

[(methylamino)carbonyl] oxime

P021 592-01-8 Calcium cyanide

P189 55285-14-8 Carbamic acid, [(dibutylamino)-

thio]methyl-, 2,3-dihydro-2,2-

dimethyl- 7-benzofuranyl ester

P191 644-64-4 Carbamic acid, dimethyl-, 1-

[(dimethyl-amino)carbonyl]- 5-

methyl- 1H-pyrazol-3-yl ester

P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl1- (1-methylethyl)-1H- pyrazol-5-yl

ester

P190 1129-41-5 Carbamic acid, methyl-, 3-

methylphenyl ester

P127 1563-66-2 Carbofuran

P021 592-01-8 Calcium cyanide Ca(CN)2

P022 75-15-0 Carbon disulfide

P189 55285-14-8 Carbosulfan

P095 75-44-5 Carbonic dichloride

P023 107-20-0 Chloroacetaldehyde

P024 106-47-8 p-Chloroaniline

P026 5344-82-1 1-(o-Chlorophenyl)thiourea

P027 542-76-7 3-Chloropropionitrile

P029 544-92-3 Copper cyanide

P029 544-92-3 Copper cyanide Cu(CN)

P202 64-00-6 m-Cumenyl methylcarbamate

P030 Cyanides (soluble cyanide salts), not otherwise specified

P031 460-19-5 Cyanogen

P033 506-77-4 Cyanogen chloride

P033 506-77-4 Cyanogen chloride (CN)Cl

P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol

P016 542-88-1 Dichloromethyl ether

P036 696-28-6 Dichlorophenylarsine

P037 60-57-1 Dieldrin

P038 692-42-2 Diethylarsine

P041 311-45-5 Diethyl-p-nitrophenyl phosphate

P040 297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate

P043 55-91-4 Diisopropylfluorophosphate (DFP)

P191 644-64-4 Dimetilan

P004 309-00-2 1,4,5,8-Dimethanonaphthalene, 

1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-

hexahydro-, (1alpha,4alpha,4abeta,5alpha, 

8alpha,8abeta)-

The "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 220] (6/30/09)

P060 465-73-6 1,4,5,8-Dimethanonaphthalene, 

1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8ahexahydro-, (1alpha,4alpha,4abeta,5beta, 

8beta,8abeta)-

P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 

3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7aoctahydro-, (1aalpha,2beta,2aalpha,3beta, 

6beta,6aalpha,7beta, 7aalpha)-

P051 172-20-8 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 

3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7aoctahydro-, (1aalpha,2beta,2abeta,3alpha, 

6alpha,6abeta,7beta, 7aalpha)-, & metabolites

P044 60-51-5 Dimethoate

P046 122-09-8 alpha,alpha-Dimethylphenethylamine

P047 1534-52-1 4,6-Dinitro-o-cresol, & salts

P048 51-28-5 2,4-Dinitrophenol

P020 88-85-7 Dinoseb

P085 152-16-9 Diphosphoramide, octamethylP111 107-49-3 Diphosphoric acid, tetraethyl ester

P039 298-04-4 Disulfoton

P049 541-53-7 Dithiobiuret

P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde,

2,4-dimethyl-, O- [(methylamino)-

carbonyl]oxime

P050 115-29-7 Endosulfan

P088 145-73-3 Endothall

P051 72-20-8 Endrin

P051 72-20-8 Endrin, & metabolites

P042 51-43-4 Epinephrine

P031 460-19-5 Ethanedinitrile

P194 23135-22-0 Ethanimidothioic acid, 2-

(dimethylamino)-N-[[(methylamino)

carbonyl]oxy]-2-oxo-, methyl ester

P066 16752-77-5 Ethanimidothioic acid, N-

[[(methylamino)carbonyl]oxy]-,

methyl ester

P101 107-12-0 Ethyl cyanide

P054 151-56-4 Ethyleneimine

P097 52-85-7 Famphur

P056 7782-41-4 Fluorine

P057 640-19-7 Fluoroacetamide

P058 62-74-8 Fluoroacetic acid, sodium salt

P198 23422-53-9 Formetanate hydrochloride

P197 17702-57-7 Formparanate

P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)

P059 76-44-8 Heptachlor

P062 757-58-4 Hexaethyl tetraphosphate

P116 79-19-6 Hydrazinecarbothioamide

P068 60-34-4 Hydrazine, methylP063 74-90-8 Hydrocyanic acid

P063 74-90-8 Hydrogen cyanide

P096 7803-51-2 Hydrogen phosphide

P060 465-73-6 Isodrin

P192 119-38-0 Isolan

P202 64-00-6 3-Isopropylphenyl Nmethylcarbamate

P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-

P196 15339-36-3 Manganese,

bis(dimethylcarbamodithioato-S,S')-

P196 15339-36-3 Manganese dimethyldithiocarbamate

P092 62-38-4 Mercury, (acetato-O)phenylP065 628-86-4 Mercury fulminate (R,T)

P198 23422-53-9 Methanimidamide, N,N-dimethylN'-[3-[[(methylamino)-

carbonyl]oxy]phenyl]-,

monohydrochloride

The "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P197 17702-57-7 Methanimidamide, N,N-dimethylN'-[2-methyl-4-

[[(methylamino)carbonyl]oxy]

phenyl]-

P082 62-75-9 Methanamine, N-methyl-N-nitrosoP064 624-83-9 Methane, isocyanatoP016 542-88-1 Methane, oxybis[chloroP112 509-14-8 Methane, tetranitro- (R)

P118 75-70-7 Methanethiol, trichloroP050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin, 

6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9ahexahydro-, 3-oxide

P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydroP199 2032-65-7 Methiocarb

P066 16752-77-5 Methomyl

P068 60-34-4 Methyl hydrazine

P064 624-83-9 Methyl isocyanate

P069 75-86-5 2-Methyllactonitrile

P071 298-00-0 Methyl parathion

P190 1129-41-5 Metolcarb

P128 315-18-4 Mexacarbate

P072 86-88-4 alpha-Naphthylthiourea

P073 13463-39-3 Nickel carbonyl

P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-

P074 557-19-7 Nickel cyanide

P074 557-19-7 Nickel cyanide Ni(CN)2

P075 154-11-5 Nicotine, & salts

P076 10102-43-9 Nitric oxide

P077 100-01-6 p-Nitroaniline

P078 10102-44-0 Nitrogen dioxide

P076 10102-43-9 Nitrogen oxide NO

P078 10102-44-0 Nitrogen oxide NO2

P081 55-63-0 Nitroglycerine (R)

P082 62-75-9 N-Nitrosodimethylamine

P084 4549-40-0 N-Nitrosomethylvinylamine

P085 152-16-9 Octamethylpyrophosphoramide

P087 20816-12-0 Osmium oxide OsO4, (T-4)-

P087 20816-12-0 Osmium tetroxide

P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid

P194 23135-22-0 Oxamyl

P089 56-38-2 Parathion

P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitroP128 315-18-4 Phenol, 4-(dimethylamino)-3,5-

dimethyl-, methylcarbamate (ester)

P199 2032-65-7 Phenol, (3,5-dimethyl-4-

(methylthio)-, methylcarbamate

P048 51-28-5 Phenol, 2,4-dinitroP047 1534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts

P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl carbamate

P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-, 

methyl carbamate

P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitroP009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R)

P092 62-38-4 Phenylmercury acetate

P093 103-85-5 Phenylthiourea

P094 298-02-2 Phorate

P095 75-44-5 Phosgene

P096 7803-51-2 Phosphine

P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl ester

P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-

(ethylthio)ethyl] ester

P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-

[(ethylthio)methyl] ester

P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-

[2-(methylamino)-2-oxoethyl] ester

P043 55-91-4 Phosphorofluoridic acid, bis(1-methylethyl) 

ester

The "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 221]

P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-

nitrophenyl) ester

P040 297-97-2 Phosphorothioic acid, O,O-diethyl Opyrazinyl ester

P097 52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl 

ester

P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-(4-

nitrophenyl) ester

P204 57-47-6 Physostigmine

P188 57-64-7 Physostigmine salicylate

P110 78-00-2 Plumbane, tetraethylP098 151-50-8 Potassium cyanide

P098 151-50-8 Potassium cyanide K(CN)

P099 506-61-6 Potassium silver cyanide

P201 2631-37-0 Promecarb

P203 1646-88-4 Propanal, 2-methyl-2-(methylsulfonyl)-, O-

[(methylamino)carbonyl] oxime

P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-

[(methylamino)carbonyl]oxime

P101 107-12-0 Propanenitrile

P027 542-76-7 Propanenitrile, 3-chloroP069 75-86-5 Propanenitrile, 2-hydroxy-2-methylP081 55-63-0 1,2,3-Propanetriol, trinitrate (R)

P017 598-31-2 2-Propanone, 1-bromoP102 107-19-7 Propargyl alcohol

P003 107-02-8 2-Propenal

P005 107-18-6 2-Propen-1-ol

P067 75-55-8 1,2-Propylenimine

P102 107-19-7 2-Propyn-1-ol

P008 504-24-5 4-Pyridinamine

P075 1

54-11-5 Pyridine, 3-(1-methyl-2-

pyrrolidinyl)-, (S)-, & salts

P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,

1,2,3,3a,8,8a-hexahydro1,3a,8-trimethyl-,

methylcarbamate (ester), (3aS-cis)-

P114 12039-52-0 Selenious acid, dithallium(1+) salt

P103 630-10-4 Selenourea

P104 506-64-9 Silver cyanide

P104 506-64-9 Silver cyanide Ag(CN)

P105 26628-22-8 Sodium azide

P106 143-33-9 Sodium cyanide

P106 143-33-9 Sodium cyanide Na(CN)

P108 157-24-9 Strychnidin-10-one, & salts

P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxyP108 157-24-9 Strychnine, & salts

P115 7446-18-6 Sulfuric acid, dithallium(1+) salt

P109 3689-24-5 Tetraethyldithiopyrophosphate

P110 78-00-2 Tetraethyl lead

P111 107-49-3 Tetraethyl pyrophosphate

P112 509-14-8 Tetranitromethane (R)

P062 757-58-4 Tetraphosphoric acid, hexaethyl ester

P113 1314-32-5 Thallic oxide

P113 1314-32-5 Thallium oxide Tl2O3

P114 12039-52-0 Thallium(I) selenite

P115 7446-18-6 Thallium(I) sulfate

P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester

P045 39196-18-4 Thiofanox

P049 541-53-7 Thioimidodicarbonic diamide 

[(H2N)C(S)]2NH

P014 108-98-5 Thiophenol

P116 79-19-6 Thiosemicarbazide

P026 5344-82-1 Thiourea, (2-chlorophenyl)-

P072 86-88-4 Thiourea, 1-naphthalenylP093 103-85-5 Thiourea, phenylP185 26419-73-8 Tirpate

P123 8001-35-2 Toxaphene

P118 75-70-7 Trichloromethanethiol

The "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P119 7803-55-6 Vanadic acid, ammonium salt

P120 1314-62-1 Vanadium oxide V2O5

P120 1314-62-1 Vanadium pentoxide

P084 4549-40-0 Vinylamine, N-methyl-N-nitrosoP001 1

81-81-2 Warfarin, & salts, when present at concentrations greater than 0.3%

P205 137-30-4 Zinc,

bis(dimethylcarbamodithioato-S,S')-

P121 557-21-1 Zinc cyanide

P121 557-21-1 Zinc cyanide Zn(CN)2

P122 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T)

P205 137-30-4 Ziram

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P001 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenylbutyl)-, & salts, when present 

at concentrations greater than 0.3%

P001 \1\ 81-81-2 Warfarin, & salts, when present at concentrations greater than 0.3%

P002 591-08-2 Acetamide, -(aminothioxomethyl)-

P002 591-08-2 1-Acetyl-2-thiourea

P003 107-02-8 Acrolein

P003 107-02-8 2-Propenal

P004 309-00-2 Aldrin

P004 309-00-2 1,4,5,8-Dimethanonaphthalene, 

1,2,3,4,10,10-hexa-chloro-1,4,4a,5,8,8a,-

hexahydro-, (1alpha,4alpha,4abeta,

5alpha,8alpha,8abeta)-

P005 107-18-6 Allyl alcohol

P005 107-18-6 2-Propen-1-ol

P006 20859-73-8 Aluminum phosphide (R,T)

P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol

P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)-

P008 504-24-5 4-Aminopyridine

P008 504-24-5 4-Pyridinamine

P009 131-74-8 Ammonium picrate (R)

P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R)

P010 7778-39-4 Arsenic acid H3 AsO4

P011 1303-28-2 Arsenic oxide As2 O5

P011 1303-28-2 Arsenic pentoxide

P012 1327-53-3 Arsenic oxide As2 O3

P012 1327-53-3 Arsenic trioxide

P013 542-62-1 Barium cyanide

P014 108-98-5 Benzenethiol

P014 108-98-5 Thiophenol

P015 7440-41-7 Beryllium powder

P016 542-88-1 Dichloromethyl ether

P016 542-88-1 Methane, oxybis[chloroP017 598-31-2 Bromoacetone

P017 598-31-2 2-Propanone, 1-bromoP018 357-57-3 Brucine

P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxyP020 88-85-7 Dinoseb

P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitroP021 592-01-8 Calcium cyanide

P021 592-01-8 Calcium cyanide Ca(CN)2

P022 75-15-0 Carbon disulfide

P023 107-20-0 Acetaldehyde, chloroP023 107-20-0 Chloroacetaldehyde

P024 106-47-8 Benzenamine, 4-chloroP024 106-47-8 p-Chloroaniline

P026 5344-82-1 1-(o-Chlorophenyl)thiourea

P026 5344-82-1 Thiourea, (2-chlorophenyl)-

P027 542-76-7 3-Chloropropionitrile

P027 542-76-7 Propanenitrile, 3-chloroThe "P" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 222] (6/30/09)

P028 100-44-7 Benzene, (chloromethyl)-

P028 100-44-7 Benzyl chloride

P029 544-92-3 Copper cyanide

P029 544-92-3 Copper cyanide Cu(CN)

P030 Cyanides (soluble cyanide salts), not otherwise specified

P031 460-19-5 Cyanogen

P031 460-19-5 Ethanedinitrile

P033 506-77-4 Cyanogen chloride

P033 506-77-4 Cyanogen chloride (CN)Cl

P034 131-89-5 2-Cyclohexyl-4,6- dinitrophenol

P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitroP036 696-28-6 Arsonous dichloride, phenylP036 696-28-6 Dichlorophenylarsine

P037 60-57-1 Dieldrin

P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]

oxirene, 3,4,5,6,9,9-hexachloro1a,2,2a,3,6,6a,7,7a-octahydro-,

(1aalpha,2beta,2aalpha,3beta,6beta,

6aalpha,7beta, 7aalpha)-

P038 692-42-2 Arsine, diethylP038 692-42-2 Diethylarsine

P039 298-04-4 Disulfoton

P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-

(ethylthio)ethyl]ester

P040 297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate

P040 297-97-2 Phosphorothioic acid, O,O-diethyl Opyrazinyl ester

P041 311-45-5 Diethyl-p-nitrophenyl phosphate

P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl ester

P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

P042 51-43-4 Epinephrine

P043 55-91-4 Diisopropylfluorophosphate (DFP)

P043 55-91-4 Phosphorofluoridic acid, bis(1-methylethyl) 

ester

P044 60-51-5 Dimethoate

P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S-

[2-(methyl amino)-2-oxoethyl] ester

P045 39196-18-4 2-Butanone, 3,3-dimethyl-1-(methylthio)-, 

O-[(methylamino)carbonyl]oxime

P045 39196-18-4 Thiofanox

P046 122-09-8 Benzeneethanamine,alpha,alpha-dimethylP046 122-09-8 alpha,alpha-Dimethylphenethylamine

P047 534-52-1 4,6-Dinitro-o-cresol, & salts

P047 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts

P048 51-28-5 2,4-Dinitrophenol

P048 51-28-5 Phenol, 2,4-dinitroP049 541-53-7 Dithiobiuret

P049 541-53-7 Thioimidodicarbonic diamide[(H2 

N)C(S)]2 NH

P050 115-29-7 Endosulfan

P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin,6,7,8,9,10,10-hexachloro1,5,5a,6,9,9a-hexahydro-, 3-oxide

P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 

3,4,5,6,9,9-

hexachloro-1a,2,2a,3,6,6a,7,7aoctahydro-,(1aalpha,2beta,2abeta,

3alpha,6alpha,6abeta,7beta,

7aalpha)-, & metabolites

P051 72-20-8 Endrin

P051 72-20-8 Endrin, & metabolites

P054 151-56-4 Aziridine

P054 151-56-4 Ethyleneimine

P056 7782-41-4 Fluorine

P057 640-19-7 Acetamide, 2-fluoroP057 640-19-7 Fluoroacetamide

P058 62-74-8 Acetic acid, fluoro-, sodium salt

P058 62-74-8 Fluoroacetic acid, sodium salt

P059 76-44-8 Heptachlor

P059 76-44-8 4,7-Methano-1H-indene,1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydroNumerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P060 465-73-6 1,4,5,8-Dimethanonaphthalene, 

1,2,3,4,10,10-hexa-chloro-1,4,4a,5,

8,8a-hexahydro-,(1alpha,4alpha,

4abeta,5beta,8beta,8abeta)-

P060 465-73-6 Isodrin

P062 757-58-4 Hexaethyl tetraphosphate

P062 757-58-4 Tetraphosphoric acid, hexaethyl ester

P063 74-90-8 Hydrocyanic acid

P063 74-90-8 Hydrogen cyanide

P064 624-83-9 Methane, isocyanatoP064 624-83-9 Methyl isocyanate

P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)

P065 628-86-4 Mercury fulminate (R,T)

P066 16752-77-5 Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester

P066 16752-77-5 Methomyl

P067 75-55-8 Aziridine, 2-methylP067 75-55-8 1,2-Propylenimine

P068 60-34-4 Hydrazine, methylP068 60-34-4 Methyl hydrazine

P069 75-86-5 2-Methyllactonitrile

P069 75-86-5 Propanenitrile, 2-hydroxy-2-methylP070 116-06-3 Aldicarb

P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-

[(methylamino)carbonyl]oxime

P071 298-00-0 Methyl parathion

P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-(4-

nitrophenyl)ester

P072 86-88-4 alpha-Naphthylthiourea

P072 86-88-4 Thiourea, 1-naphthalenylP073 13463-39-3 Nickel carbonyl

P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)-

P074 557-19-7 Nickel cyanide

P074 557-19-7 Nickel cyanide Ni(CN)2

P075 54-11-5 Nicotine, & salts

P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)-,

(S)-, & salts

P076 10102-43-9 Nitric oxide

P076 10102-43-9 Nitrogen oxide NO

P077 100-01-6 Benzenamine, 4-nitroP077 100-01-6 p-Nitroaniline

P078 10102-44-0 Nitrogen dioxide

P078 10102-44-0 Nitrogen oxide NO2

P081 55-63-0 Nitroglycerine (R)

P081 55-63-0 1,2,3-Propanetriol, trinitrate (R)

P082 62-75-9 Methanamine, -methyl-N-nitrosoP082 62-75-9 N-Nitrosodimethylamine

P084 4549-40-0 N-Nitrosomethylvinylamine

P084 4549-40-0 Vinylamine, -methyl-N-nitrosoP085 152-16-9 Diphosphoramide, octamethylP085 152-16-9 Octamethylpyrophosphoramide

P087 20816-12-0 Osmium oxide OsO4, (T-4)-

P087 20816-12-0 Osmium tetroxide

P088 145-73-3 Endothall

P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid

P089 56-38-2 Parathion

P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4-

nitrophenyl)ester

P092 62-38-4 Mercury, (acetato-O)phenylP092 62-38-4 Phenylmercury acetate

P093 103-85-5 Phenylthiourea

P093 103-85-5 Thiourea, phenylP094 298-02-2 Phorate

P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-

[(ethylthio)methyl]ester

P095 75-44-5 Carbonic dichloride

P095 75-44-5 Phosgene

P096 7803-51-2 Hydrogen phosphide

P096 7803-51-2 Phosphine

P097 52-85-7 Famphur

P097 52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl]O,O-dimethyl ester

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 223]

FOOTNOTE: 1

 CAS Number given for parent compound only.

P098 151-50-8 Potassium cyanide

P098 151-50-8 Potassium cyanide K(CN)

P099 506-61-6 Argentate(1-), bis(cyano-C)-,potassium

P099 506-61-6 Potassium silver cyanide

P101 107-12-0 Ethyl cyanide

P101 107-12-0 Propanenitrile

P102 107-19-7 Propargyl alcohol

P102 107-19-7 2-Propyn-1-ol

P103 630-10-4 Selenourea

P104 506-64-9 Silver cyanide

P104 506-64-9 Silver cyanide Ag(CN)

P105 26628-22-8 Sodium azide

P106 143-33-9 Sodium cyanide

P106 143-33-9 Sodium cyanide Na(CN)

P108 \1\ 157-24-9 Strychnidin-10-one, & salts

P108 \1\ 157-24-9 Strychnine, & salts

P109 3689-24-5 Tetraethyldithiopyrophosphate

P109 3689-24-5 Thiodiphosphoric acid,tetraethyl ester

P110 78-00-2 Plumbane, tetraethylP110 78-00-2 Tetraethyl lead

P111 107-49-3 Diphosphoric acid, tetraethylester

P111 107-49-3 Tetraethyl pyrophosphate

P112 509-14-8 Methane, tetranitro-(R)

P112 509-14-8 Tetranitromethane (R)

P113 1314-32-5 Thallic oxide

P113 1314-32-5 Thallium oxide Tl2 O3

P114 12039-52-0 Selenious acid,dithallium(1+) salt

P114 12039-52-0 Tetraethyldithiopyrophosphate

P115 7446-18-6 Thiodiphosphoric acid,tetraethyl ester

P115 7446-18-6 Plumbane, tetraethylP116 79-19-6 Tetraethyl lead

P116 79-19-6 Thiosemicarbazide

P118 75-70-7 Methanethiol, trichloroP118 75-70-7 Trichloromethanethiol

P119 7803-55-6 Ammonium vanadate

P119 7803-55-6 Vanadic acid, ammonium salt

P120 1314-62-1 Vanadium oxide V2O5

P120 1314-62-1 Vanadium pentoxide

P121 557-21-1 Zinc cyanide

P121 557-21-1 Zinc cyanide Zn(CN)2

P122 1314-84-7 Zinc phosphide Zn3 P2, when present at 

concentrations greater than 10% (R,T)

P123 8001-35-2 Toxaphene

P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2-

dimethyl-,methylcarbamate

P127 1563-66-2 Carbofuran

P128 315-8-4 Mexacarbate

P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl-, 

methylcarbamate(ester)

P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)-carbonyl]oxime

P185 26419-73-8 Tirpate

P188 57-64-7 Benzoic acid, 2-hydroxy-,compd. with 

(3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-

trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1)

P188 57-64-7 Physostigmine salicylate

P189 55285-14-8 Carbamic acid,[(dibutylamino)-

thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-

benzofuranyl ester

P189 55285-14-8 Carbosulfan

P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl 

ester

P190 1129-41-5 Metolcarb

P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethylamino)carbonyl]-5-methyl-1H-pyrazol-3-yl 

ester

P191 644-64-4 Dimetilan

P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1-(1-

methylethyl)-1H-pyrazol-5-yl ester

P192 119-38-0 Isolan

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

P194 23135-22-0 Ethanimidthioic acid, 2-(dimethylamino)-

N-[[(methylamino)carbonyl]oxy]-2-oxo-, 

methylester

P194 23135-22-0 Oxamyl

P196 15339-36-3 Manganese,bis(dimethylcarbamodithioatoS,S')-,

P196 15339-36-3 Manganesedimethyldithiocarbamate

P197 17702-57-7 Formparanate

P197 17702-57-7 Methanimidamide, N,N-dimethyl-N'-[2-

methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-

P198 23422-53-9 Formetanate hydrochloride

P198 23422-53-9 Methanimidamide, N,N-dimethyl-N'-[3-

[[(methylamino)-carbonyl]oxy]phenyl]-

monohydrochloride

P199 2032-65-7 Methiocarb

P199 2032-65-7 Phenol, (3,5-dimethyl-4-

(methylthio)-,methylcarbamate

P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-, methylcarbamate

P201 2631-37-0 Promecarb

P202 64-00-6 m-Cumenyl methylcarbamate

P202 64-00-6 3-Isopropylphenyl N-methylcarbamate

P202 64-00-6 Phenol, 3-(1-methylethyl)-,methyl carbamate

P203 1646-88-4 Aldicarb sulfone

P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)-, 

O-[(methylamino)carbonyl]oxime

P204 57-47-6 Physostigmine

P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol,1,2,3,3a,8,8ahexahydro-1,3a,8-

trimethyl-,methylcarbamate

(ester),(3aS-cis)-

P205 137-30-4 Zinc, bis

(dimethylcarbamodithioato-S,S')-,

P205 137-30-4 Ziram

"U" Chemical Products

Comment: For the convenience of the regulated community, the primary 

hazardous properties of these materials have been indicated 

by the letters T (Toxicity), R (Reactivity), I (Ignitability) and 

C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. Wastes are first listed in 

alphabetical order by substance and then listed again in 

numerical order by Dangerous Waste Number

.

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

U394 30558-43-1 A2213

U001 75-07-0 Acetaldehyde (I)

U034 75-87-6 Acetaldehyde, trichloroU187 62-44-2 Acetamide, N-(4-ethoxyphenyl)-

U005 53-96-3 Acetamide, N-9H-fluoren-2-ylU240 194-75-7 Acetic acid, (2,4-dichlorophenoxy)-, salts 

& esters

U112 141-78-6 Acetic acid ethyl ester (I)

U144 301-04-2 Acetic acid, lead(2+) salt

U214 563-68-8 Acetic acid, thallium(1+) salt

See F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-

U002 67-64-1 Acetone (I)

U003 75-05-8 Acetonitrile (I,T)

U004 98-86-2 Acetophenone

U005 53-96-3 2-Acetylaminofluorene

U006 75-36-5 Acetyl chloride (C,R,T)

U007 79-06-1 Acrylamide

U008 79-10-7 Acrylic acid (I)

U009 107-13-1 Acrylonitrile

U011 61-82-5 Amitrole

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 224] (6/30/09)

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U012 62-53-3 Aniline (I,T)

U136 75-60-5 Arsinic acid, dimethylU014 492-80-8 Auramine

U015 115-02-6 Azaserine

U010 50-07-7 Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-

dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro8a-methoxy-5-methyl-, [1aS-(1aalpha, 

8beta,8aalpha,8balpha)]-

U280 101-27-9 Barban

U278 22781-23-3 Bendiocarb

U364 22961-82-6 Bendiocarb phenol

U271 17804-35-2 Benomyl

U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-

methylU016 225-51-4 Benz[c]acridine

U017 98-87-3 Benzal chloride

U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl2-propynyl)-

U018 56-55-3 Benz[a]anthracene

U094 57-97-6 Benz[a]anthracene, 7,12-dimethylU012 62-53-3 Benzenamine (I,T)

U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,NdimethylU049 3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride

U093 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)-

U328 95-53-4 Benzenamine, 2-methylU353 106-49-0 Benzenamine, 4-methylU158 101-14-4 Benzenamine, 4,4'-methylenebis[2-chloroU222 636-21-5 Benzenamine, 2-methyl-, hydrochloride

U181 99-55-8 Benzenamine, 2-methyl-5-nitroU019 71-43-2 Benzene (I,T)

U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-

chlorophenyl)-alpha-hydroxy-, ethyl ester

U030 101-55-3 Benzene, 1-bromo-4-phenoxyU035 305-03-3 Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U037 108-90-7 Benzene, chloroU221 25376-45-8 Benzenediamine, ar-methylU028 117-81-7 1,2-Benzenedicarboxylic acid,bis(2-ethylhexyl) ester

U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester

U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester

U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl 

ester

U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester

U070 95-50-1 Benzene, 1,2-dichloroU071 541-73-1 Benzene, 1,3-dichloroU072 106-46-7 Benzene, 1,4-dichloroU060 72-54-8 Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloroU017 98-87-3 Benzene, (dichloromethyl)-

U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl-

(R,T)

U239 1330-20-7 Benzene, dimethyl- (I,T)

U201 108-46-3 1,3-Benzenediol

U127 118-74-1 Benzene, hexachloroU056 110-82-7 Benzene, hexahydro- (I)

U220 108-88-3 Benzene, methylU105 121-14-2 Benzene, 1-methyl-2,4-dinitroU106 606-20-2 Benzene, 2-methyl-1,3-dinitroU055 98-82-8 Benzene, (1-methylethyl)- (I)

U169 98-95-3 Benzene, nitroU183 608-93-5 Benzene, pentachloroU185 82-68-8 Benzene, pentachloronitroU020 98-09-9 Benzenesulfonic acid chloride (C,R)

U020 98-09-9 Benzenesulfonyl chloride (C,R)

U207 95-94-3 Benzene, 1,2,4,5-tetrachloroU061 50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloroThe "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U247 72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxyU023 98-07-7 Benzene, (trichloromethyl)-

U234 99-35-4 Benzene, 1,3,5-trinitroU021 92-87-5 Benzidine

U202 1

81-07-2 1,2-Benzisothiazol-3(2H)-one,1,1-dioxide, 

& salts

U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,

methyl carbamate

U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethylU203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-

U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-

U090 94-58-6 1,3-Benzodioxole, 5-propylU367 1563-38-8 7-Benzofuranol,

2,3-dihydro-2,2-dimethylU064 189-55-9 Benzo[rst]pentaphene

U248 181-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenyl-butyl)-, & salts, when present 

at concentrations of 0.3% or less

U022 50-32-8 Benzo[a]pyrene

U197 106-51-4 p-Benzoquinone

U023 98-07-7 Benzotrichloride (C,R,T)

U085 1464-53-5 2,2'-Bioxirane

U021 92-87-5 [1,1'-Biphenyl]-4,4'-diamine

U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine,3,3'-dichloroU091 119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-

dimethoxyU095 119-93-7 [1,1'-Biphenyl]-4,4'-diamine,3,3'-dimethylU225 75-25-2 Bromoform

U030 101-55-3 4-Bromophenyl phenyl ether

U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloroU172 924-16-3 1-Butanamine, N-butyl-N-nitrosoU031 71-36-3 1-Butanol (I)

U159 78-93-3 2-Butanone (I,T)

U160 1338-23-4 2-Butanone, peroxide (R,T)

U053 4170-30-3 2-Butenal

U074 764-41-0 2-Butene, 1,4-dichloro- (I,T)

U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-

oxobutoxy]methyl]-2,3,5,7a-tetrahydro1H-pyrrolizin-1-ylester, [1S-

[1alpha(Z),7(2S*,3R*), 7aalpha]]-

U031 71-36-3 n-Butyl alcohol (I)

U136 75-60-5 Cacodylic acid

U032 13765-19-0 Calcium chromate

U238 51-79-6 Carbamic acid, ethyl ester

U178 615-53-2 Carbamic acid, methylnitroso-,ethyl ester

U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl, 

methyl ester

U271 17804-35-2 Carbamic acid, [1-[(butylamino)carbonyl] -

1H-benzimidazol-2-yl]-, methyl ester

U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-

chloro-2-butynyl ester

U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester

U409 23564-05-8 Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester

U097 79-44-7 Carbamic chloride, dimethylU114 1

111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, 

salts & esters

U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S-

(2,3-dichloro-2-

propenyl) ester

U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-, S-

(2,3,3-trichloro-2-propenyl) ester

U387 52888-80-9 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester

U279 63-25-2 Carbaryl

U372 10605-21-7 Carbendazim

U367 1563-38-8 Carbofuran phenol

U215 6533-73-9 Carbonic acid, dithallium(1+) salt

U033 353-50-4 Carbonic difluoride

U156 79-22-1 Carbonochloridic acid, methyl ester (I,T)

U033 353-50-4 Carbon oxyfluoride (R,T)
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 225]

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U211 56-23-5 Carbon tetrachloride

U034 75-87-6 Chloral

U035 305-03-3 Chlorambucil

U036 57-74-9 Chlordane, alpha & gammaisomers

U026 494-03-1 Chlornaphazin

U037 108-90-7 Chlorobenzene

U038 510-15-6 Chlorobenzilate

U039 59-50-7 p-Chloro-m-cresol

U042 110-75-8 2-Chloroethyl vinyl ether

U044 67-66-3 Chloroform

U046 107-30-2 Chloromethyl methyl ether

U047 91-58-7 beta-Chloronaphthalene

U048 95-57-8 o-Chlorophenol

U049 3165-93-3 4-Chloro-o-toluidine,hydrochloride

U032 13765-19-0 Chromic acid H2CrO4, calcium salt

U050 218-01-9 Chrysene

U051 Creosote

U052 1319-77-3 Cresol (Cresylic acid)

U053 4170-30-3 Crotonaldehyde

U055 98-82-8 Cumene (I)

U246 506-68-3 Cyanogen bromide (CN)Br

U197 106-51-4 2,5-Cyclohexadiene-1,4-dione

U056 110-82-7 Cyclohexane (I)

U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, 

(1alpha,2alpha,3beta,4alpha,5alpha,

6beta)-

U057 108-94-1 Cyclohexanone (I)

U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-

hexachloroU058 50-18-0 Cyclophosphamide

U240 1

94-75-7 2,4-D, salts & esters

U059 20830-81-3 Daunomycin

U060 72-54-8 DDD

U061 50-29-3 DDT

U062 2303-16-4 Diallate

U063 53-70-3 Dibenz[a,h]anthracene

U064 189-55-9 Dibenzo[a,i]pyrene

U066 96-12-8 1,2-Dibromo-3-chloropropane

U069 84-74-2 Dibutyl phthalate

U070 95-50-1 o-Dichlorobenzene

U071 541-73-1 m-Dichlorobenzene

U072 106-46-7 p-Dichlorobenzene

U073 91-94-1 3,3'-Dichlorobenzidine

U074 764-41-0 1,4-Dichloro-2-butene (I,T)

U075 75-71-8 Dichlorodifluoromethane

U078 75-35-4 1,1-Dichloroethylene

U079 156-60-5 1,2-Dichloroethylene

U025 111-44-4 Dichloroethyl ether

U027 108-60-1 Dichloroisopropyl ether

U024 111-91-1 Dichloromethoxy ethane

U081 120-83-2 2,4-Dichlorophenol

U082 87-65-0 2,6-Dichlorophenol

U084 542-75-6 1,3-Dichloropropene

U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)

U395 5952-26-1 Diethylene glycol, dicarbamate

U108 123-91-1 1,4-Diethyleneoxide

U028 117-81-7 Diethylhexyl phthalate

U086 1615-80-1 N,N'-Diethylhydrazine

U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate

U088 84-66-2 Diethyl phthalate

U089 56-53-1 Diethylstilbesterol

U090 94-58-6 Dihydrosafrole

U091 119-90-4 3,3'-Dimethoxybenzidine

U092 124-40-3 Dimethylamine (I)

U093 60-11-7 p-Dimethylaminoazobenzene

U094 57-97-6 7,12-Dimethylbenz[a]anthracene

U095 119-93-7 3,3'-Dimethylbenzidine

U096 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide 

(R)

U097 79-44-7 Dimethylcarbamoyl chloride

U098 57-14-7 1,1-Dimethylhydrazine

U099 540-73-8 1,2-Dimethylhydrazine

U101 105-67-9 2,4-Dimethylphenol

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U102 131-11-3 Dimethyl phthalate

U103 77-78-1 Dimethyl sulfate

U105 121-14-2 2,4-Dinitrotoluene

U106 606-20-2 2,6-Dinitrotoluene

U107 117-84-0 Di-n-octyl phthalate

U108 123-91-1 1,4-Dioxane

U109 122-66-7 1,2-Diphenylhydrazine

U110 142-84-7 Dipropylamine (I)

U111 621-64-7 Di-n-propylnitrosamine

U041 106-89-8 Epichlorohydrin

U001 75-07-0 Ethanal (I)

U174 55-18-5 Ethanamine, N-ethyl-N-nitrosoU404 121-44-8 Ethanamine, N,N-diethylU155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-

pyridinyl-N'-(2-

thienylmethyl)-

U067 106-93-4 Ethane, 1,2-dibromoU076 75-34-3 Ethane, 1,1-dichloroU077 107-06-2 Ethane, 1,2-dichloroU131 67-72-1 Ethane, hexachloroU024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-

chloroU117 60-29-7 Ethane, 1,1'-oxybis-(I)

U025 111-44-4 Ethane, 1,1'-oxybis[2-chloroU184 76-01-7 Ethane, pentachloroU208 630-20-6 Ethane, 1,1,1,2-tetrachloroU209 79-34-5 Ethane, 1,1,2,2-tetrachloroU218 62-55-5 Ethanethioamide

U226 71-55-6 Ethane, 1,1,1-trichloroU227 79-00-5 Ethane, 1,1,2-trichloroU410 59669-26-0 Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]]bis-, dimethyl ester

U394 30558-43-1 Ethanimidothioic acid, 2-(dimethylamino) -

N-hydroxy-2-oxo-, methyl ester

U359 110-80-5 Ethanol, 2-ethoxyU173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bisU395 5952-26-1 Ethanol, 2,2'-oxybis-, dicarbamate

U004 98-86-2 Ethanone, 1-phenylU043 75-01-4 Ethene, chloroU042 110-75-8 Ethene, (2-chloroethoxy)-

U078 75-35-4 Ethene, 1,1-dichloroU079 156-60-5 Ethene, 1,2-dichloro-, (E)-

U210 127-18-4 Ethene, tetrachloroU228 79-01-6 Ethene, trichloroU112 141-78-6 Ethyl acetate (I)

U113 140-88-5 Ethyl acrylate (I)

U238 51-79-6 Ethyl carbamate (urethane)

U117 60-29-7 Ethyl ether (I)

U114 1

111-54-6 Ethylenebisdithiocarbamic acid,salts & 

esters

U067 106-93-4 Ethylene dibromide

U077 107-06-2 Ethylene dichloride

U359 110-80-5 Ethylene glycol monoethyl ether

U115 75-21-8 Ethylene oxide (I,T)

U116 96-45-7 Ethylenethiourea

U076 75-34-3 Ethylidene dichloride

U118 97-63-2 Ethyl methacrylate

U119 62-50-0 Ethyl methanesulfonate

U120 206-44-0 Fluoranthene

U122 50-00-0 Formaldehyde

U123 64-18-6 Formic acid (C,T)

U124 110-00-9 Furan (I)

U125 98-01-1 2-Furancarboxaldehyde (I)

U147 108-31-6 2,5-Furandione

U213 109-99-9 Furan, tetrahydro-(I)

U125 98-01-1 Furfural (I)

U124 110-00-9 Furfuran (I)

U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-

methyl-3-nitrosoureido)-, DU206 18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-

U126 765-34-4 Glycidylaldehyde
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 226] (6/30/09)

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U163 70-25-7 Guanidine, N-methyl-N'-nitro-N-nitrosoU127 118-74-1 Hexachlorobenzene

U128 87-68-3 Hexachlorobutadiene

U130 77-47-4 Hexachlorocyclopentadiene

U131 67-72-1 Hexachloroethane

U132 70-30-4 Hexachlorophene

U243 1888-71-7 Hexachloropropene

U133 302-01-2 Hydrazine (R,T)

U086 1615-80-1 Hydrazine, 1,2-diethylU098 57-14-7 Hydrazine, 1,1-dimethylU099 540-73-8 Hydrazine, 1,2-dimethylU109 122-66-7 Hydrazine, 1,2-diphenylU134 7664-39-3 Hydrofluoric acid (C,T)

U134 7664-39-3 Hydrogen fluoride (C,T)

U135 7783-06-4 Hydrogen sulfide

U135 7783-06-4 Hydrogen sulfide H2S

U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-

(R)

U116 96-45-7 2-Imidazolidinethione

U137 193-39-5 Indeno[1,2,3-cd]pyrene

U190 85-44-9 1,3-Isobenzofurandione

U140 78-83-1 Isobutyl alcohol (I,T)

U141 120-58-1 Isosafrole

U142 143-50-0 Kepone

U143 303-34-4 Lasiocarpine

U144 301-04-2 Lead acetate

U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytriU145 7446-27-7 Lead phosphate

U146 1335-32-6 Lead subacetate

U129 58-89-9 Lindane

U163 70-25-7 MNNG

U147 108-31-6 Maleic anhydride

U148 123-33-1 Maleic hydrazide

U149 109-77-3 Malononitrile

U150 148-82-3 Melphalan

U151 7439-97-6 Mercury

U152 126-98-7 Methacrylonitrile (I, T)

U092 124-40-3 Methanamine, N-methyl- (I)

U029 74-83-9 Methane, bromoU045 74-87-3 Methane, chloro- (I, T)

U046 107-30-2 Methane, chloromethoxyU068 74-95-3 Methane, dibromoU080 75-09-2 Methane, dichloroU075 75-71-8 Methane, dichlorodifluoroU138 74-88-4 Methane, iodoU119 62-50-0 Methanesulfonic acid, ethyl ester

U211 56-23-5 Methane, tetrachloroU153 74-93-1 Methanethiol (I, T)

U225 75-25-2 Methane, tribromoU044 67-66-3 Methane, trichloroU121 75-69-4 Methane, trichlorofluoroU036 57-74-9 4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-

octachloro-2,3,3a,4,7,7a-hexahydroU154 67-56-1 Methanol (I)

U155 91-80-5 Methapyrilene

U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen2-one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydroU247 72-43-5 Methoxychlor

U154 67-56-1 Methyl alcohol (I)

U029 74-83-9 Methyl bromide

U186 504-60-9 1-Methylbutadiene (I)

U045 74-87-3 Methyl chloride (I,T)

U156 79-22-1 Methyl chlorocarbonate (I,T)

U226 71-55-6 Methyl chloroform

U157 56-49-5 3-Methylcholanthrene

U158 101-14-4 4,4'-Methylenebis(2-chloroaniline)

U068 74-95-3 Methylene bromide

U080 75-09-2 Methylene chloride

U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)

U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)

U138 74-88-4 Methyl iodide

U161 108-10-1 Methyl isobutyl ketone (I)

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U162 80-62-6 Methyl methacrylate (I,T)

U161 108-10-1 4-Methyl-2-pentanone (I)

U164 56-04-2 Methylthiouracil

U010 50-07-7 Mitomycin C

U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-

amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro6,8,11-trihydroxy-1-methoxy-, (8S-cis)-

U167 134-32-7 1-Naphthalenamine

U168 91-59-8 2-Naphthalenamine

U026 494-03-1 Naphthalenamine, N,N'-bis(2-chloroethyl)-

U165 91-20-3 Naphthalene

U047 91-58-7 Naphthalene, 2-chloroU166 130-15-4 1,4-Naphthalenedione

U236 72-57-1 2,7-Naphthalenedisulfonic acid,3,3'-[(3,3'-

dimethyl[1,1'-biphenyl]-4,4'-

diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U279 63-25-2 1-Naphthalenol, methylcarbamate

U166 130-15-4 1,4-Naphthoquinone

U167 134-32-7 alpha-Naphthylamine

U168 91-59-8 beta-Naphthylamine

U217 10102-45-1 Nitric acid, thallium(1+) salt

U169 98-95-3 Nitrobenzene (I,T)

U170 100-02-7 p-Nitrophenol

U171 79-46-9 2-Nitropropane (I,T)

U172 924-16-3 N-Nitrosodi-n-butylamine

U173 1116-54-7 N-Nitrosodiethanolamine

U174 55-18-5 N-Nitrosodiethylamine

U176 759-73-9 N-Nitroso-N-ethylurea

U177 684-93-5 N-Nitroso-N-methylurea

U178 615-53-2 N-Nitroso-N-methylurethane

U179 100-75-4 N-Nitrosopiperidine

U180 930-55-2 N-Nitrosopyrrolidine

U181 99-55-8 5-Nitro-o-toluidine

U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide

U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,Nbis(2-chloroethyl)tetrahydro-, 2-oxide

U115 75-21-8 Oxirane (I,T)

U126 765-34-4 Oxiranecarboxyaldehyde

U041 106-89-8 Oxirane, (chloromethyl)-

U182 123-63-7 Paraldehyde

U183 608-93-5 Pentachlorobenzene

U184 76-01-7 Pentachloroethane

U185 82-68-8 Pentachloronitrobenzene (PCNB)

See F027 87-86-5 Pentachlorophenol

U161 108-10-1 Pentanol, 4-methylU186 504-60-9 1,3-Pentadiene (I)

U187 62-44-2 Phenacetin

U188 108-95-2 Phenol

U048 95-57-8 Phenol, 2-chloroU039 59-50-7 Phenol, 4-chloro-3-methylU081 120-83-2 Phenol, 2,4-dichloroU082 87-65-0 Phenol, 2,6-dichloroU089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U101 105-67-9 Phenol, 2,4-dimethylU052 1319-77-3 Phenol, methylU132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloroU411 114-26-1 Phenol, 2-(1-methylethoxy)-, methylcarbamate

U170 100-02-7 Phenol, 4-nitroSee F027 87-86-5 Phenol, pentachloroSee F027 58-90-2 Phenol, 2,3,4,6-tetrachloroSee F027 95-95-4 Phenol, 2,4,5-trichloroSee F027 88-06-2 Phenol, 2,4,6-trichloroU150 148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)

U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl Smethyl ester

U189 1314-80-3 Phosphorus sulfide (R)

U190 85-44-9 Phthalic anhydride
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 227]

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U191 109-06-8 2-Picoline

U179 100-75-4 Piperidine, 1-nitrosoU192 23950-58-5 Pronamide

U194 107-10-8 1-Propanamine (I,T)

U111 621-64-7 1-Propanamine, N-nitroso-N-propylU110 142-84-7 1-Propanamine, N-propyl- (I)

U066 96-12-8 Propane, 1,2-dibromo-3-chloroU083 78-87-5 Propane, 1,2-dichloroU149 109-77-3 Propanedinitrile

U171 79-46-9 Propane, 2-nitro- (I,T)

U027 108-60-1 Propane, 2,2'-oxybis[2-chloroU193 1120-71-4 1,3-Propane sultone

See F027 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

U235 126-72-7 1-Propanol, 2,3-dibromo-,phosphate (3:1)

U140 78-83-1 1-Propanol, 2-methyl- (I,T)

U002 67-64-1 2-Propanone (I)

U007 79-06-1 2-Propenamide

U084 542-75-6 1-Propene, 1,3-dichloroU243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloroU009 107-13-1 2-Propenenitrile

U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)

U008 79-10-7 2-Propenoic acid (I)

U113 140-88-5 2-Propenoic acid, ethyl ester (I)

U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester

U162 80-62-6 2-Propenoic acid, 2-methyl-,methyl ester 

(I,T)

U373 122-42-9 Propham

U411 114-26-1 Propoxur

U387 52888-80-9 Prosulfocarb

U194 107-10-8 n-Propylamine (I,T)

U083 78-87-5 Propylene dichloride

U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydroU196 110-86-1 Pyridine

U191 109-06-8 Pyridine, 2-methylU237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-

chloroethyl)amino]-

U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-

methyl-2-thioxoU180 930-55-2 Pyrrolidine, 1-nitrosoU200 50-55-5 Reserpine

U201 108-46-3 Resorcinol

U202 181-07-2 Saccharin, & salts

U203 94-59-7 Safrole

U204 7783-00-8 Selenious acid

U204 7783-00-8 Selenium dioxide

U205 7488-56-4 Selenium sulfide

U205 7488-56-4 Selenium sulfide SeS2 (R,T)

U015 115-02-6 L-Serine, diazoacetate (ester)

See F027 93-72-1 Silvex (2,4,5-TP)

U206 18883-66-4 Streptozotocin

U103 77-78-1 Sulfuric acid, dimethyl ester

U189 1314-80-3 Sulfur phosphide (R)

See F027 93-76-5 2,4,5-T

U207 95-94-3 1,2,4,5-Tetrachlorobenzene

U208 630-20-6 1,1,1,2-Tetrachloroethane

U209 79-34-5 1,1,2,2-Tetrachloroethane

U210 127-18-4 Tetrachloroethylene

See F027 58-90-2 2,3,4,6-Tetrachlorophenol

U213 109-99-9 Tetrahydrofuran (I)

U214 563-68-8 Thallium(I) acetate

U215 6533-73-9 Thallium(I) carbonate

U216 7791-12-0 Thallium(I) chloride

U216 7791-12-0 Thallium chloride TlCl

U217 10102-45-1 Thallium(I) nitrate

U218 62-55-5 Thioacetamide

U410 59669-26-0 Thiodicarb

U153 74-93-1 Thiomethanol (I,T)

U244 137-26-8 Thioperoxydicarbonic diamide 

[(H2N)C(S)]2S2, tetramethylU409 23564-05-8 Thiophanate-methyl

U219 62-56-6 Thiourea

U244 137-26-8 Thiram

U220 108-88-3 Toluene

The "U" wastes and their corresponding Dangerous Waste Numbers 

are:

Alphabetical List

U221 25376-45-8 Toluenediamine

U223 26471-62-5 Toluene diisocyanate (R,T)

U328 95-53-4 o-Toluidine

U353 106-49-0 p-Toluidine

U222 636-21-5 o-Toluidine hydrochloride

U389 2303-17-5 Triallate

U011 61-82-5 1H-1,2,4-Triazol-3-amine

U227 71-55-6 1,1,1-Trichloroethane

U227 79-00-5 1,1,2-Trichloroethane

U228 79-01-6 Trichloroethylene

U121 75-69-4 Trichloromonofluoromethane

See F027 95-95-4 2,4,5-Trichlorophenol

See F027 88-06-2 2,4,6-Trichlorophenol

U404 121-44-8 Triethylamine

U234 99-35-4 1,3,5-Trinitrobenzene (R,T)

U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethylU235 126-72-7 Tris(2,3-dibromopropyl)phosphate

U236 72-57-1 Trypan blue

U237 66-75-1 Uracil mustard

U176 759-73-9 Urea, N-ethyl-N-nitrosoU177 684-93-5 Urea, N-methyl-N-nitrosoU043 75-01-4 Vinyl chloride

eU248 1

81-81-2 Warfarin, & salts, when present at concentrations of 0.3% or less

U239 1330-20-7 Xylene (I)

U200 50-55-5 Yohimban-16-carboxylic acid,11,17-

dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, 

(3beta,16beta,17alpha,18beta,20alpha)-

U249 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations of 10% or less

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

U001 75-07-0 Acetaldehyde (I)

U001 75-07-0 Ethanal (I)

U002 67-64-1 Acetone (I)

U002 67-64-1 2-Propanone (I)

U003 75-05-8 Acetonitrile (I,T)

U004 98-86-2 Acetophenone

U004 98-86-2 Ethanone, 1-phenylU005 53-96-3 Acetamide, -9H-fluoren-2-ylU005 53-96-3 2-Acetylaminofluorene

U006 75-36-5 Acetyl chloride (C,R,T)

U007 79-06-1 Acrylamide

U007 79-06-1 2-Propenamide

U008 79-10-7 Acrylic acid (I)

U008 79-10-7 2-Propenoic acid (I)

U009 107-13-1 Acrylonitrile

U009 107-13-1 2-Propenenitrile

U010 50-07-7 Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-

dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro8a-methoxy-5-methyl-, [1aS-

(1aalpha,8beta,8aalpha,8balpha)]-

U010 50-07-7 Mitomycin C

U011 61-82-5 Amitrole

U011 61-82-5 1H-1,2,4-Triazol-3-amine

U012 62-53-3 Aniline (I,T)

U012 62-53-3 Benzenamine (I,T)

U014 492-80-8 Auramine

U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,NdimethylU015 115-02-6 Azaserine

U015 115-02-6 L-Serine, diazoacetate(ester)

U016 225-51-4 Benz[c]acridine

U017 98-87-3 Benzal chloride

U017 98-87-3 Benzene, (dichloromethyl)-

U018 56-55-3 Benz[a]anthracene

U019 71-43-2 Benzenesulfonic acid chloride(C,R)
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 228] (6/30/09)

U020 98-09-9 Benzenesulfonyl chloride(C,R)

U021 92-87-5 Benzidine

U021 92-87-5 [1,1'-Biphenyl]-4,4'-diamine

U022 50-32-8 Benzo[a]pyrene

U023 98-07-7 Benzene, (trichloromethyl)-

U023 98-07-7 Benzotrichloride (C,R,T)

U024 111-91-1 Dichloromethoxy ethane

U024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-

chloroU025 111-44-4 Dichloroethyl ether

U025 111-44-4 Ethane, 1,1'-oxybis[2-chloroU026 494-03-1 Chlornaphazin

U026 494-03-1 Naphthalenamine, N,N'-bis(2-chloroethyl)-

U027 108-60-1 Dichloroisopropyl ether

U027 108-60-1 Propane, 2,2'-oxybis[2-chloroU028 117-81-7 1,2-Benzenedicarboxylic acid,bis(2-ethylhexyl) ester

U028 117-81-7 Diethylhexyl phthalate

U029 74-83-9 Methane, bromoU029 74-83-9 Methyl bromide

U030 101-55-3 Benzene, 1-bromo-4-phenoxyU030 101-55-3 4-Bromophenyl phenyl ether

U031 71-36-3 1-Butanol (I)

U031 71-36-3 n-Butyl alcohol (I)

U032 13765-19-0 Calcium chromate

U032 13765-19-0 Chromic acid H2 CrO4, calcium salt

U033 353-50-4 Carbonic difluoride

U033 353-50-4 Carbon oxyfluoride (R,T)

U034 75-87-6 Acetaldehyde, trichloroU034 75-87-6 Chloral

U035 305-03-3 Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U035 305-03-3 Chlorambucil

U036 57-74-9 Chlordane, alpha & gamma isomers

U036 57-74-9 4,7-Methano-1H-indene,1,2,4,5,6,7,8,8-

octachloro-2,3,3a,4,7,7a-hexahydroU037 108-90-7 Benzene, chloroU037 108-90-7 Chlorobenzene

U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-

chlorophenyl)-alpha-hydroxy-, ethyl ester

U038 510-15-6 Chlorobenzilate

U039 59-50-7 p-Chloro-m-cresol

U039 59-50-7 Phenol, 4-chloro-3-methylU041 106-89-8 Epichlorohydrin

U041 106-89-8 Oxirane, (chloromethyl)-

U042 110-75-8 2-Chloroethyl vinyl ether

U042 110-75-8 Ethene, (2-chloroethoxy)-

U043 75-01-4 Ethene, chloroU043 75-01-4 Vinyl chloride

U044 67-66-3 Chloroform

U044 67-66-3 Methane, trichloroU045 74-87-3 Methane, chloro- (I,T)

U045 74-87-3 Methyl chloride (I,T)

U046 107-30-2 Chloromethyl methyl ether

U046 107-30-2 Methane, chloromethoxyU047 91-58-7 beta-Chloronaphthalene

U047 91-58-7 Naphthalene, 2-chloroU048 95-57-8 o-Chlorophenol

U048 95-57-8 Phenol, 2-chloroU049 3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride

U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride

U050 218-01-9 Chrysene

U051 .............. Creosote

U052 1319-77-3 Cresol (Cresylic acid)

U052 1319-77-3 Phenol, methylU053 4170-30-3 2-Butenal

U053 4170-30-3 Crotonaldehyde

U055 98-82-8 Benzene, (1-methylethyl)-(I)

U055 98-82-8 Cumene (I)

U056 110-82-7 Benzene, hexahydro-(I)

U056 110-82-7 Cyclohexane (I)

U057 108-94-1 Cyclohexanone (I)

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

U058 50-18-0 Cyclophosphamide

U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,Nbis(2-chloroethyl)tetrahydro-, 2-oxide

U059 20830-81-3 Daunomycin

U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3-

amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro6,8,11-trihydroxy-1-methoxy-, (8S-cis)-

U060 72-54-8 Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloroU060 72-54-8 DDD

U061 50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloroU061 50-29-3 DDT

U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S-

(2,3-dichloro-2-propenyl) ester

U062 2303-16-4 Diallate

U063 53-70-3 Dibenz[a,h]anthracene

U064 189-55-9 Benzo[rst]pentaphene

U064 189-55-9 Dibenzo[a,i]pyrene

U066 96-12-8 1,2-Dibromo-3-chloropropane

U066 96-12-8 Propane, 1,2-dibromo-3-chloroU067 106-93-4 Ethane, 1,2-dibromoU067 106-93-4 Ethylene dibromide

U068 74-95-3 Methane, dibromoU068 74-95-3 Methylene bromide

U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester

U069 84-74-2 Dibutyl phthalate

U070 95-50-1 Benzene, 1,2-dichloroU070 95-50-1 o-Dichlorobenzene

U071 541-73-1 Benzene, 1,3-dichloroU071 541-73-1 m-Dichlorobenzene

U072 106-46-7 Benzene, 1,4-dichloroU072 106-46-7 p-Dichlorobenzene

U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloroU073 91-94-1 3,3'-Dichlorobenzidine

U074 764-41-0 2-Butene, 1,4-dichloro-(I,T)

U074 764-41-0 1,4-Dichloro-2-butene (I,T)

U075 75-71-8 Dichlorodifluoromethane

U075 75-71-8 Methane, dichlorodifluoroU076 75-34-3 Ethane, 1,1-dichloroU076 75-34-3 Ethylidene dichloride

U077 107-06-2 Ethane, 1,2-dichloroU077 107-06-2 Ethylene dichloride

U078 75-35-4 1,1-Dichloroethylene

U078 75-35-4 Ethene, 1,1-dichloroU079 156-60-5 1,2-Dichloroethylene

U079 156-60-5 Ethene, 1,2-dichloro-, (E)-

U080 75-09-2 Methane, dichloroU080 75-09-2 Methylene chloride

U081 120-83-2 2,4-Dichlorophenol

U081 120-83-2 Phenol, 2,4-dichloroU082 87-65-0 2,6-Dichlorophenol

U082 87-65-0 Phenol, 2,6-dichloroU083 78-87-5 Propane, 1,2-dichloroU083 78-87-5 Propylene dichloride

U084 542-75-6 1,3-Dichloropropene

U084 542-75-6 1-Propene, 1,3-dichloroU085 1464-53-5 2,2'-Bioxirane

U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T)

U086 1615-80-1 N,N'-Diethylhydrazine

U086 1615-80-1 Hydrazine, 1,2-diethylU087 3288-58-2 O,O-Diethyl S-methyldithiophosphate

U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl Smethyl ester

U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester

U088 84-66-2 Diethyl phthalate

U089 56-53-1 Diethylstilbesterol

U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U090 94-58-6 1,3-Benzodioxole, 5-propylU090 94-58-6 Dihydrosafrole

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
Dangerous Waste Regulations 173-303-9903

(6/30/09) [Ch. 173-303 WACóp. 229]

U091 119-90-4 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-

dimethoxyU091 119-90-4 3,3'-Dimethoxybenzidine

U092 124-40-3 Dimethylamine (I)

U092 124-40-3 Methanamine, -methyl-(I)

U093 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)-

U093 60-11-7 p-Dimethylaminoazobenzene

U094 57-97-6 Benz[a]anthracene, 7,12-dimethylU094 57-97-6 7,12-Dimethylbenz[a]anthracene

U095 119-93-7 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethylU095 119-93-7 3,3'-Dimethylbenzidine

U096 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide 

(R)

U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl-

(R)

U097 79-44-7 Carbamic chloride, dimethylU097 79-44-7 Dimethylcarbamoyl chloride

U098 57-14-7 1,1-Dimethylhydrazine

U098 57-14-7 Hydrazine, 1,1-dimethylU099 540-73-8 1,2-Dimethylhydrazine

U099 540-73-8 Hydrazine, 1,2-dimethylU101 105-67-9 2,4-Dimethylphenol

U101 105-67-9 Phenol, 2,4-dimethylU102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl 

ester

U102 131-11-3 Dimethyl phthalate

U103 77-78-1 Dimethyl sulfate

U103 77-78-1 Sulfuric acid, dimethyl ester

U105 121-14-2 Benzene, 1-methyl-2,4-dinitroU105 121-14-2 2,4-Dinitrotoluene

U106 606-20-2 Benzene, 2-methyl-1,3-dinitroU106 606-20-2 2,6-Dinitrotoluene

U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester

U107 117-84-0 Di-n-octyl phthalate

U108 123-91-1 1,4-Diethyleneoxide

U108 123-91-1 1,4-Dioxane

U109 122-66-7 1,2-Diphenylhydrazine

U109 122-66-7 Hydrazine, 1,2-diphenylU110 142-84-7 Dipropylamine (I)

U110 142-84-7 1-Propanamine, N-propyl-(I)

U111 621-64-7 Di-n-propylnitrosamine

U111 621-64-7 1-Propanamine, N-nitroso-N- propylU112 141-78-6 Acetic acid ethyl ester (I)

U112 141-78-6 Ethyl acetate (I)

U113 140-88-5 Ethyl acrylate (I)

U113 140-88-5 2-Propenoic acid, ethyl ester (I)

U114 \1\111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, 

salts & esters

U114 \1\111-54-6 Ethylenebisdithiocarbamic acid, salts & 

esters

U115 75-21-8 Ethylene oxide (I,T)

U115 75-21-8 Oxirane (I,T)

U116 96-45-7 Ethylenethiourea

U116 96-45-7 2-Imidazolidinethione

U117 60-29-7 Ethane, 1,1'-oxybis-(I)

U117 60-29-7 Ethyl ether (I)

U118 97-63-2 Ethyl methacrylate

U118 97-63-2 2-Propenoic acid, 2-methyl-,ethyl ester

U119 62-50-0 Ethyl methanesulfonate

U119 62-50-0 Methanesulfonic acid, ethyl ester

U120 206-44-0 Fluoranthene

U121 75-69-4 Methane, trichlorofluoroU121 75-69-4 Trichloromonofluoromethane

U122 50-00-0 Formaldehyde

U123 64-18-6 Formic acid (C,T)

U124 110-00-9 Furan (I)

U124 110-00-9 Furfuran (I)

U125 98-01-1 2-Furancarboxaldehyde (I)

U125 98-01-1 Furfural (I)

U126 765-34-4 Glycidylaldehyde

U126 765-34-4 Oxiranecarboxyaldehyde

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

U127 118-74-1 Benzene, hexachloroU127 118-74-1 Hexachlorobenzene

U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloroU128 87-68-3 Hexachlorobutadiene

U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-,

(1alpha,2alpha,3beta,4alpha,

5alpha,6beta)-

U129 58-89-9 Lindane

U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-

hexachloroU130 77-47-4 Hexachlorocyclopentadiene

U131 67-72-1 Ethane, hexachloroU131 67-72-1 Hexachloroethane

U132 70-30-4 Hexachlorophene

U132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloroU133 302-01-2 Hydrazine (R,T)

U134 7664-39-3 Hydrofluoric acid (C,T)

U134 7664-39-3 Hydrogen fluoride (C,T)

U135 7783-06-4 Hydrogen sulfide

U135 7783-06-4 Hydrogen sulfide H2S

U136 75-60-5 Arsinic acid, dimethylU136 75-60-5 Cacodylic acid

U137 193-39-5 Indeno[1,2,3-cd]pyrene

U138 74-88-4 Methane, iodoU138 74-88-4 Methyl iodide

U140 78-83-1 Isobutyl alcohol (I,T)

U140 78-83-1 1-Propanol, 2-methyl- (I,T)

U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)-

U141 120-58-1 Isosafrole

U142 143-50-0 Kepone

U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydroU143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-

oxobutoxy]methyl]-2,3,5,7a-tetrahydro1H-pyrrolizin-1-yl ester, [1S-

[1alpha(Z),7(2S*,3R*),7aalpha]]-

U143 303-34-4 Lasiocarpine

U144 301-04-2 Acetic acid, lead(2+) salt

U144 301-04-2 Lead acetate

U145 7446-27-7 Lead phosphate

U145 7446-27-7 Phosphoric acid, lead(2+)salt (2:3)

U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytriU146 1335-32-6 Lead subacetate

U147 108-31-6 2,5-Furandione

U147 108-31-6 Maleic anhydride

U148 123-33-1 Maleic hydrazide

U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydroU149 109-77-3 Malononitrile

U149 109-77-3 Propanedinitrile

U150 148-82-3 Melphalan

U150 148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U151 7439-97-6 Mercury

U152 126-98-7 Methacrylonitrile (I,T)

U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T)

U153 74-93-1 Methanethiol (I,T)

U153 74-93-1 Thiomethanol (I,T)

U154 67-56-1 Methanol (I)

U154 67-56-1 Methyl alcohol (I)

U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-

pyridinyl-N'-(2-thienylmethyl)-

U155 91-80-5 Methapyrilene

U156 79-22-1 Carbonochloridic acid, methylester (I,T)

U156 79-22-1 Methyl chlorocarbonate (I,T)

U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3-

methylU157 56-49-5 3-Methylcholanthrene

U158 101-14-4 Benzenamine, 4,4'-methylenebis[2-chloroU158 101-14-4 4,4'-Methylenebis(2-chloroaniline)

U159 78-93-3 2-Butanone (I,T)

U159 78-93-3 Methyl ethyl ketone (MEK) (I,T)

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
173-303-9903 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 230] (6/30/09)

U160 1338-23-4 2-Butanone, peroxide (R,T)

U160 1338-23-4 Methyl ethyl ketone peroxide (R,T)

U161 108-10-1 Methyl isobutyl ketone (I)

U161 108-10-1 4-Methyl-2-pentanone (I)

U161 108-10-1 Pentanol, 4-methylU162 80-62-6 Methyl methacrylate (I,T)

U162 80-62-6 2-Propenoic acid, 2-methyl-,methyl ester 

(I,T)

U163 70-25-7 Guanidine, -methyl-N'-nitro-N-nitrosoU163 70-25-7 MNNG

U164 56-04-2 Methylthiouracil

U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6-

methyl-2-thioxoU165 91-20-3 Naphthalene

U166 130-15-4 1,4-Naphthalenedione

U166 130-15-4 1,4-Naphthoquinone

U167 134-32-7 1-Naphthalenamine

U167 134-32-7 alpha-Naphthylamine

U168 91-59-8 2-Naphthalenamine

U168 91-59-8 beta-Naphthylamine

U169 98-95-3 Benzene, nitroU169 98-95-3 Nitrobenzene (I,T)

U170 100-02-7 p-Nitrophenol

U170 100-02-7 Phenol, 4-nitroU171 79-46-9 2-Nitropropane (I,T)

U171 79-46-9 Propane, 2-nitro- (I,T)

U172 924-16-3 1-Butanamine, N-butyl-N-nitrosoU172 924-16-3 N-Nitrosodi-n-butylamine

U173 1116-54-7 Ethanol, 2,2'- (nitrosoimino)bisU173 1116-54-7 N-Nitrosodiethanolamine

U174 55-18-5 Ethanamine, -ethyl-N-nitrosoU174 55-18-5 N-Nitrosodiethylamine

U176 759-73-9 N-Nitroso-N-ethylurea

U176 759-73-9 Urea, N-ethyl-N-nitrosoU177 684-93-5 N-Nitroso-N-methylurea

U177 684-93-5 Urea, N-methyl-N-nitrosoU178 615-53-2 Carbamic acid, methylnitroso-, ethyl ester

U178 615-53-2 N-Nitroso-N-methylurethane

U179 100-75-4 N-Nitrosopiperidine

U179 100-75-4 Piperidine, 1-nitrosoU180 930-55-2 N-Nitrosopyrrolidine

U180 930-55-2 Pyrrolidine, 1-nitrosoU181 99-55-8 Benzenamine, 2-methyl-5-nitroU181 99-55-8 5-Nitro-o-toluidine

U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethylU182 123-63-7 Paraldehyde

U183 608-93-5 Benzene, pentachloroU183 608-93-5 Pentachlorobenzene

U184 76-01-7 Ethane, pentachloroU184 76-01-7 Pentachloroethane

U185 82-68-8 Benzene, pentachloronitroU185 82-68-8 Pentachloronitrobenzene (PCNB)

U186 504-60-9 1-Methylbutadiene (I)

U186 504-60-9 1,3-Pentadiene (I)

U187 62-44-2 Acetamide, -(4-ethoxyphenyl)-

U187 62-44-2 Phenacetin

U188 108-95-2 Phenol

U189 1314-80-3 Phosphorus sulfide (R)

U189 1314-80-3 Sulfur phosphide (R)

U190 85-44-9 1,3-Isobenzofurandione

U190 85-44-9 Phthalic anhydride

U191 109-06-8 2-Picoline

U191 109-06-8 Pyridine, 2-methylU192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl2-propynyl)-

U192 23950-58-5 Pronamide

U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide

U193 1120-71-4 1,3-Propane sultone

U194 107-10-8 1-Propanamine (I,T)

U194 107-10-8 n-Propylamine (I,T)

U196 110-86-1 Pyridine

U197 106-51-4 p-Benzoquinone

U197 106-51-4 2,5-Cyclohexadiene-1,4-dione

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

U200 50-55-5 Reserpine

U200 50-55-5 Yohimban-16-carboxylic acid, 11,17-

dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methylester,(3beta,16beta,17alpha, 

18beta,20alpha)-

U201 108-46-3 1,3-Benzenediol

U201 108-46-3 Resorcinol

U202 181-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide, & salts

U202 181-07-2 Saccharin, & salts

U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)-

U203 94-59-7 Safrole

U204 7783-00-8 Selenious acid

U204 7783-00-8 Selenium dioxide

U205 7488-56-4 Selenium sulfide

U205 7488-56-4 Selenium sulfide SeS2 (R,T)

U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-

nitrosoureido)-, DU206 18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-

U206 18883-66-4 Streptozotocin

U207 95-94-3 Benzene, 1,2,4,5-tetrachloroU207 95-94-3 1,2,4,5-Tetrachlorobenzene

U208 630-20-6 Ethane, 1,1,1,2-tetrachloroU208 630-20-6 1,1,1,2-Tetrachloroethane

U209 79-34-5 Ethane, 1,1,2,2-tetrachloroU209 79-34-5 1,1,2,2-Tetrachloroethane

U210 127-18-4 Ethene, tetrachloroU210 127-18-4 Tetrachloroethylene

U211 56-23-5 Carbon tetrachloride

U211 56-23-5 Methane, tetrachloroU213 109-99-9 Furan, tetrahydro-(I)

U213 109-99-9 Tetrahydrofuran (I)

U214 563-68-8 Acetic acid, thallium(1+)salt

U214 563-68-8 Thallium(I) acetate

U215 6533-73-9 Carbonic acid, dithallium(1+) salt

U215 6533-73-9 Thallium(I) carbonate

U216 7791-12-0 Thallium(I) chloride

U216 7791-12-0 Thallium chloride TlCl

U217 10102-45-1 Nitric acid, thallium(1+) salt

U217 10102-45-1 Thallium(I) nitrate

U218 62-55-5 Ethanethioamide

U218 62-55-5 Thioacetamide

U219 62-56-6 Thiourea

U220 108-88-3 Benzene, methylU220 108-88-3 Toluene

U221 25376-45-8 Benzenediamine, ar-methylU221 25376-45-8 Toluenediamine

U222 636-21-5 Benzenamine, 2-methyl-,hydrochloride

U222 636-21-5 o-Toluidine hydrochloride

U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl-(R,T)

U223 26471-62-5 Toluene diisocyanate (R,T)

U225 75-25-2 Bromoform

U225 75-25-2 Methane, tribromoU226 71-55-6 Ethane, 1,1,1-trichloroU226 71-55-6 Methyl chloroform

U226 71-55-6 1,1,1-Trichloroethane

U227 79-00-5 Ethane, 1,1,2-trichloroU227 79-00-5 1,1,2-Trichloroethane

U228 79-01-6 Ethene, trichloroU228 79-01-6 Trichloroethylene

U234 99-35-4 Benzene, 1,3,5-trinitroU234 99-35-4 1,3,5-Trinitrobenzene (R,T)

U235 126-72-7 1-Propanol, 2,3-dibromo-,phosphate (3:1)

U235 126-72-7 Tris(2,3-dibromopropyl) phosphate

U236 72-57-1 2,7-Naphthalenedisulfonicacid, 3,3'-[(3,3'-

dimethyl[1,1'-biphenyl]-4,4'-

diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U236 72-57-1 Trypan blue

U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-

chloroethyl)amino]-

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
Dangerous Waste Regulations 173-303-9904

(6/30/09) [Ch. 173-303 WACóp. 231]

FOOTNOTE: 1CAS Number given for parent compound only.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-9903, filed 6/30/09, effective 7/31/09; 98-03-018

(Order 97-03), ß 173-303-9903, filed 1/12/98, effective 2/12/98; 95-22-008

(Order 94-30), ß 173-303-9903, filed 10/19/95, effective 11/19/95; 94-01-

060 (Order 92-33), ß 173-303-9903, filed 12/8/93, effective 1/8/94. Statutory

Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and

RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-9903,

filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW.

89-02-059 (Order 88-24), ß 173-303-9903, filed 1/4/89; 86-12-057 (Order

DE-85-10), ß 173-303-9903, filed 6/3/86; 84-09-088 (Order DE 83-36), ß

173-303-9903, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and

RCW 70.95.260. 82-05-023 (Order DE 81-33), ß 173-303-9903, filed

2/10/82.]

Reviserís note: The brackets and enclosed material in the text of the

above section occurred in the copy filed by the agency.

173-303-9904

WAC 173-303-9904 Dangerous waste sources list.

The following Hazard Codes are used to indicate the basis

EPA used for listing the classes or types of wastes listed in

this section:

DANGEROUS WASTE SOURCES LIST

U237 66-75-1 Uracil mustard

U238 51-79-6 Carbamic acid, ethyl ester

U238 51-79-6 Ethyl carbamate (urethane)

U239 1330-20-7 Benzene, dimethyl- (I,T)

U239 1330-20-7 Xylene (I)

U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-, salts 

& esters

U240 \1\ 94-75-7 2,4-D, salts & esters

U243 1888-71-7 Hexachloropropene

U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloroU244 137-26-8 Thioperoxydicarbonic diamide 

[(H2N)C(S)]2 S2, tetramethylU244 137-26-8 Thiram

U246 506-68-3 Cyanogen bromide (CN)Br

U247 72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxyU247 72-43-5 Methoxychlor

U248 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenyl-butyl)-, & salts, when present 

at concentrations of 0.3% or less

U248 \1\ 81-81-2 Warfarin, & salts, when present at concentrations of 0.3% or less

U249 1314-84-7 Zinc phosphide Zn3 P2, when present at 

concentrations of 10% or less

U271 17804-35-2 Benomyl

U271 17804-35-2 Carbamic acid, [1-[(butylamino)carbonyl]-

1H-benzimidazol-2-yl]-, methylester

U278 22781-23-3 Bendiocarb

U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, 

methyl carbamate

U279 63-25-2 Carbaryl

U279 63-25-2 1-Naphthalenol, methylcarbamate

U280 101-27-9 Barban

U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4-

chloro-2-butynyl ester

U328 95-53-4 Benzenamine, 2-methylU328 95-53-4 o-Toluidine

U353 106-49-0 Benzenamine, 4-methylU353 106-49-0 p-Toluidine

U359 110-80-5 Ethanol, 2-ethoxyU359 110-80-5 Ethylene glycol monoethylether

U364 22961-82-6 Bendiocarb phenol

U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-,

U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2-dimethylU367 1563-38-8 Carbofuran phenol

U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl, 

methylester

U372 10605-21-7 Carbendazim

U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester

U373 122-42-9 Propham

U387 52888-80-9 Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester

U387 52888-80-9 Prosulfocarb

U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)-, S-

(2,3,3-trichloro-2-propenyl) ester

U389 2303-17-5 Triallate

U394 30558-43-1 A2213

U394 30558-43-1 Ethanimidothioic acid, 2-(dimethylamino)-

N-hydroxy-2-oxo-, methyl ester

U395 5952-26-1 Diethylene glycol, dicarbamate

U395 5952-26-1 Ethanol, 2,2'-oxybis-,dicarbamate

U404 121-44-8 Ethanamine, N,N-diethylU404 121-44-8 Triethylamine

U409 23564-05-8 Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-,dimethyl ester

U409 23564-05-8 Thiophanate-methyl

U410 59669-26-0 Ethanimidothioic acid, N,N'-[thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester

U410 59669-26-0 Thiodicarb

U411 114-26-1 Phenol, 2-(1-methylethoxy)-, methylcarbamate

U411 114-26-1 Propoxur

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance

See F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)-

See F027 87-86-5 Pentachlorophenol

See F027 87-86-5 Phenol, pentachloroSee F027 58-90-2 Phenol, 2,3,4,6-tetrachloroSee F027 95-95-4 Phenol, 2,4,5-trichloroSee F027 88-06-2 Phenol, 2,4,6-trichloroSee F027 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

See F027 93-72-1 Silvex (2,4,5-TP)

See F027 93-76-5 2,4,5-T

See F027 58-90-2 2,3,4,6-Tetrachlorophenol

See F027 95-95-4 2,4,5-Trichlorophenol

See F027 88-06-2 2,4,6-Trichlorophenol

Ignitable Waste (I)

Corrosive Waste (C)

Reactive Waste (R)

Toxicity Characteristic Waste (E)

Acute Hazardous Waste (H)

Toxic Waste (T)

(1)

Dangerous 

Waste No. Sources

 

Nonspecific Sources

Generic:

F001 The following spent halogenated solvents 

used in degreasing: Tetrachloroethylene, 

trichloroethylene, methylene chloride, 1,1,1-

trichloroethane, carbon tetrachloride, and 

chlorinated fluorocarbons; all spent solvent 

mixtures/blends used in degreasing containing, before use, a total of ten percent or more 

(by volume) of one or more of the above 

halogenated solvents or those solvents listed 

in F002, F004, and F005; and still bottoms 

from the recovery of these spent solvents and 

spent solvent mixtures. (T)

Numerical List

Dangerous 

Waste No.

Chemical 

Abstracts No. Substance
173-303-9904 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 232] (6/30/09)

F002 The following spent halogenated solvents: 

Tetrachloroethylene, methylene chloride, 

trichloroethylene, 1,1,1-trichloroethane, 

chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane and 1,1,2 trichloroethane; all 

spent solvent mixtures/blends containing, 

before use, a total of ten percent or more (by 

volume) of one or more of the above halogenated solvents or those listed in F001, F004, 

or F005; and still bottoms from the recovery 

of these spent solvents and spent solvent 

mixtures. (T)

F003 The following spent nonhalogenated solvents: Xylene, acetone, ethyl acetate, ethyl 

benzene, ethyl ether, methyl isobutyl ketone, 

n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent 

nonhalogenated solvents; and all spent solvent mixtures/blends containing, before use, 

one or more of the above nonhalogenated 

solvents, and, a total of ten percent or more 

(by volume) of one or more of those solvents 

listed in F001, F002, F004, and F005; and 

still bottoms from the recovery of these spent 

solvents and spent solvent mixtures. (I)

F004 The following spent nonhalogenated solvents: Cresols and cresylic acid, nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or 

more (by volume) of one or more of the 

above nonhalogenated solvents or those solvents listed in F001, F002, and F005; and 

still bottoms from the recovery of these spent 

solvents and spent solvent mixtures. (T)

F005 The following spent nonhalogenated solvents: Toluene, methyl ethyl ketone, carbon 

disulfide, isobutanol, pyridine, benzene, 2-

ethoxyethanol, and 2-nitropropane; all spent 

solvent mixtures/blends containing, before 

use, a total of ten percent or more (by volume) of one or more of the above nonhalogenated solvents or those solvents listed in 

F001, F002, or F004; and still bottoms from 

the recovery of these spent solvents and 

spent solvent mixtures. (I,T)

F006 Wastewater treatment sludges from electroplating operations except from the following 

processes: (1) Sulfuric acid anodizing of 

aluminum; (2) tin plating on carbon steel; (3) 

zinc plating (segregated basis) on carbon 

steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping 

associated with tin, zinc, and aluminum plating on carbon steel; and (6) chemical etching 

and milling of aluminum. (T)

F007 Spent cyanide plating bath solutions from 

electroplating operations. (R,T)

F008 Plating bath residues from the bottom of 

plating baths from electroplating operations 

where cyanides are used in the process. 

(R,T)

F009 Spent stripping and cleaning bath solutions 

from electroplating operations where cyanides are used in the process. (R,T)

F010 Quenching bath residues from oil baths from 

metal heat treating operations where cyanides are used in the process. (R,T)

F011 Spent cyanide solutions from salt bath pot 

cleaning from metal heat treating operations. 

(R,T)

F012 Quenching wastewater treatment sludges 

from metal heat-treating operations where 

cyanides are used in the process. (T)

F019 Wastewater treatment sludges from the 

chemical conversion coating of aluminum 

except from zirconium phosphating in aluminum can washing when such phosphating 

is an exclusive conversion coating process. 

(T)

F020 Wastes (except wastewater and spent carbon 

from hydrogen chloride purification) from 

the production or manufacturing use (as a 

reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to 

produce their pesticide derivatives. (This 

listing does not include wastes from the production of hexachlorophene from highly 

purified 2,4,5-trichlorophenol.) (See footnote 1, below.) (H)

F021 Wastes (except wastewater and spent carbon 

from hydrogen chloride purification) from 

the production or manufacturing use (as a 

reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives. (See footnote 1, below.) 

(H)

F022 Wastes (except wastewater and spent carbon 

from hydrogen chloride purification) from 

the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions. (See 

footnote 1, below.) (H)

F023 Wastes (except wastewater and spent carbon 

from hydrogen chloride purification) from 

the production of materials on equipment 

previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri-and tetrachlorophenols. (See 

footnote 1, below.) (This listing does not 

include wastes from equipment used only for 

the production or use of hexachlorophene 

from highly purified 2,4,5-trichlorophenol.) 

(H)
Dangerous Waste Regulations 173-303-9904

(6/30/09) [Ch. 173-303 WACóp. 233]

F024 Process wastes, including but not limited to, 

distillation residues, heavy ends, tars, and 

reactor clean-out wastes from the production 

of certain chlorinated aliphatic hydrocarbons 

by free radical catalyzed processes. These 

chlorinated aliphatic hydrocarbons are those 

having carbon chain lengths ranging from 

one to and including five, with varying 

amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in this section.) (T)

F025 Condensed light ends, spent filters and filter 

aids, and spent desiccant wastes from the 

production of certain chlorinated aliphatic 

hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths 

ranging from one to and including five, with 

varying amounts and positions of chlorine 

substitution. (T)

F026 Wastes (except wastewater and spent carbon 

from hydrogen chloride purification) from 

the production of materials on equipment 

previously used for the manufacturing use 

(as a reactant, chemical intermediate, or 

component in a formulating process) of 

tetra-, penta-, or hexachlorobenzene under 

alkaline conditions. (See footnote 1, below.) 

(H)

F027 Discarded unused formulations containing 

tri-, tetra-, or pentachlorophenol or discarded 

unused formulations containing compounds 

derived from these chlorophenols. (See footnote 1, below.) (This listing does not include 

formulations containing hexachlorophene 

synthesized from prepurified 2,4,5-trichlorophenol as the sole component.) (H)

F028 Residues resulting from the incineration or 

thermal treatment of soil contaminated with 

nonspecific sources wastes F020, F021, 

F022, F023, F026 and F027. (T)

F032 Wastewaters (except those that have not 

come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that 

currently use or have previously used chlorophenolic formulations (except potentially 

cross-contaminated wastes that have had the 

F032 waste code deleted in accordance with 

WAC 173-303-083 or potentially cross-contaminated wastes that are otherwise currently 

regulated as dangerous wastes (i.e., F034 or 

F035), and where the generator does not 

resume or initiate use of chlorophenolic formulations). This listing does not include 

K001 bottom sediment sludge from the treatment of wastewater from wood preserving 

processes that use creosote and/or pentachlorophenol. (T)

F034 Wastewaters (except those that have not 

come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use 

creosote formulations. This listing does not 

include K001 bottom sediment sludge from 

the treatment of wastewater from wood preserving processes that use creosote and/or 

pentachlorophenol. (T)

F035 Wastewaters (except those that have not 

come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use 

inorganic preservatives containing arsenic or 

chromium. This listing does not include 

K001 bottom sediment sludge from the treatment of wastewater from wood preserving 

processes that use creosote and/or pentachlorophenol. (T)

F037 Petroleum refinery primary oil/water/solids 

separation sludge-Any sludge generated 

from the gravitational separation of 

oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. 

Such sludges include, but are not limited to, 

those generated in:

Oil/water/solids separators; tanks and 

impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in 

stormwater units that do not receive dry 

weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or 

oily cooling waters, sludges generated in 

aggressive biological treatment units as 

defined in footnote 2, below (including sludges generated in one or more additional units 

after wastewaters have been treated in 

aggressive biological treatment units) and 

K051 wastes are not included in this listing. 

This listing does include residuals generated 

from processing or recycling oil-bearing 

hazardous secondary materials excluded 

under WAC 173-303-071 (3)(cc)(i), if those 

residuals are to be disposed of. (See footnote 

2, below.) (T)

F038 Petroleum refinery secondary (emulsified) 

oil/water/solids separation sludge-Any 

sludge and/or float generated from the physical and/or chemical separation of 

oil/water/solids in process wastewaters and 

oily cooling wastewaters from petroleum 

refineries. Such wastes include, but are not 

limited to, all sludges and floats generated 

in: Induced air flotation (IAF) units, tanks 

and impoundments, and all sludges generated in DAF units. Sludges generated in 
173-303-9904 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 234] (6/30/09)

stormwater units that do not receive dry 

weather flow, sludges generated from noncontact once-through cooling waters segregated for treatment from other process or 

oily cooling waters, sludges and floats generated in aggressive biological treatment units 

as defined in footnote 2, below (including 

sludges and floats generated in one or more 

additional units after wastewaters have been 

treated in aggressive biological treatment 

units) and F037, K048, and K051 wastes are 

not included in this listing. (See footnote 2, 

below.) (T)

F039 Leachate (liquids that have percolated 

through land disposed wastes) resulting from 

the disposal of more than one restricted 

waste classified as dangerous under WAC 

173-303-9903, 173-303-9904, and 173-303-

9905. (Leachate resulting from the disposal 

of one or more of the following dangerous 

wastes, and no other dangerous wastes, 

retains its Dangerous Waste Number(s): 

F020, F021, F022, F026, F027, and/or 

F028.) (T)

*(I,T) should be used to specify mixtures that are ignitable 

and contain toxic constituents.

Specific Sources

Wood Preservation:

K001 Bottom sediment sludge from the treatment 

of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol. (T)

Inorganic Pigments:

K002 Wastewater treatment sludge from the production of chrome yellow and orange pigments. (T)

K003 Wastewater treatment sludge from the production of molybdate orange pigments. (T)

K004 Wastewater treatment sludge from the production of zinc yellow pigments. (T)

K005 Wastewater treatment sludge from the production of chrome green pigments. (T)

K006 Wastewater treatment sludge from the production of chrome oxide green pigments 

(anhydrous and hydrated). (T)

K007 Wastewater treatment sludge from the production of iron blue pigments. (T)

K008 Oven residue from the production of chrome 

oxide green pigments. (T)

Organic Chemicals:

K009 Distillation bottoms from the production of 

acetaldehyde from ethylene. (T)

K010 Distillation side cuts from the production of 

acetaldehyde from ethylene. (T)

K011 Bottom stream from the wastewater stripper 

in the production of acrylonitrile. (R,T)

K013 Bottom stream from the acetonitrile column 

in the production of acrylonitrile. (R,T)

K014 Bottoms from the acetonitrile purification 

column in the production of acrylonitrile. 

(T)

K015 Still bottoms from the distillation of benzyl 

chloride. (T)

K016 Heavy ends or distillation residues from the 

production of carbon tetrachloride. (T)

K017 Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin. (T)

K018 Heavy ends from the fractionation column in 

ethyl chloride production. (T)

K019 Heavy ends from the distillation of ethylene 

dichloride in ethylene dichloride production. 

(T)

K020 Heavy ends from the distillation of vinyl 

chloride in vinyl chloride monomer production. (T)

K021 Aqueous spent antimony catalyst waste from 

fluoromethanes production. (T)

K022 Distillation bottom tars from the production 

of phenol/acetone from cumene. (T)

K023 Distillation light ends from the production of 

phthalic anhydride from naphthalene. (T)

K024 Distillation bottoms from the production of 

phthalic anhydride from naphthalene. (T)

K093 Distillation light ends from the production of 

phthalic anhydride from ortho-xylene. (T)

K094 Distillation bottoms from the production of 

phthalic anhydride from ortho-xylene. (T)

K025 Distillation bottoms from the production of 

nitrobenzene by the nitration of benzene. (T)

K026 Stripping still tails from the production of 

methyl ethyl pyridines. (T)

K027 Centrifuge and distillation residues from toluene diisocyanate production. (R,T)

K028 Spent catalyst from the hydrochlorinator 

reactor in the production of 1,1,1-trichloroethane. (T)

K029 Waste from the product steam stripper in the 

production of 1,1,1-trichloroethane. (T)

K095 Distillation bottoms from the production of 

1,1,1-trichloroethane. (T)

K096 Heavy ends from the heavy ends column 

from the production of 1,1,1-trichloroethane. 

(T)

K030 Column bottoms or heavy ends from the 

combined production of trichloroethylene 

and perchloroethylene. (T)

K083 Distillation bottoms from aniline production. 

(T)

K103 Process residues from aniline extraction 

from the production of aniline. (T)

K104 Combined wastewater streams generated 

from nitrobenzene/aniline production. (T)
Dangerous Waste Regulations 173-303-9904

(6/30/09) [Ch. 173-303 WACóp. 235]

K085 Distillation of fractionation column bottoms 

from the production of chlorobenzenes. (T)

K105 Separated aqueous stream from the reactor 

product washing step in the production of 

chlorobenzenes. (T)

K107 Column bottoms from product separation 

from the production of 1,1-

dimethylhydrazine (UDMH) from

carboxylic acid hydrazines. (C,T)

K108 Condensed column overheads from product 

separation and condensed reactor vent gases 

from the production of 1,1-dimethylhydrazine (UDMH) from the carboxylic acid 

hydrazides. (I,T)

K109 Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid 

hydrazides. (T)

K110 Condensed column overheads from intermediate separation from the production of 1,1-

dimethylhydrazine (UDMH) from carboxylic acid hydrazides. (T)

K111 Product washwaters from the production of 

dinitrotoluene via nitration of toluene. (C,T)

K112 Reaction by-product water from the drying 

column in the production of toluenediamine 

via hydrogenation of dinitrotoluene. (T)

K113 Condensed liquid light ends from the purification of toluenediamine in the production of 

toluenediamine via hydrogenation of dinitrotoluene. (T)

K114 Vicinals from the purification of toluenediamine in the production of toluenediamine 

via hydrogenation of dinitrotoluene. (T)

K115 Heavy ends from the purification of toluenediamine in the production of toluenediamine 

via hydrogenation of dinitrotoluene. (T)

K116 Organic condensate from the solvent recovery column in the production of toluene 

diisocyanate via phosgenation of toluenediamine. (T)

K117 Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide 

via bromination of ethene. (T)

K118 Spent adsorbent solids from purification of 

ethylene dibromide in the production of ethylene dibromide via bromination of ethene. 

(T)

K136 Still bottoms from the purification of ethylene dibromide in the production of ethylene 

dibromide via bromination of ethene. (T)

K149 Distillation bottoms from the production of 

alpha- (or methyl-) chlorinated toluenes, 

ring-chlorinated toluenes, benzoyl chlorides, 

and compounds with mixtures of these functional groups. (This waste does not include 

still bottoms from the distillation of benzyl 

chloride.) (T)

K150 Organic residuals, excluding spent carbon 

adsorbent, from the spent chlorine gas and 

hydrochloric acid recovery processes associated with the production of alpha-(or methyl-

) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds 

with mixtures of these functional groups. (T)

K151 Wastewater treatment sludges, excluding 

neutralization and biological sludges, generated during the treatment of wastewaters 

from the production of alpha-(or methyl-) 

chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds 

with mixtures of these functional groups. (T)

K156 Organic waste (including heavy ends, still 

bottoms, light ends, spent solvents, filtrates, 

and decantates) from the production of carbamates and carbamoyl oximes. (This listing 

does not apply to wastes generated from the 

manufacture of 3-iodo-2-propynyl n-butylcarbamate.) (T)

K157 Wastewaters (including scrubber waters, 

condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing 

does not apply to wastes generated from the 

manufacture of 3-iodo-2-propynyl n-butylcarbamate.) (T)

K158 Bag house dusts and filter/separation solids 

from the production of carbamates and carbamoyl oximes. (This listing does not apply 

to wastes generated from the manufacture of 

3-iodo-2-propynyl n-butylcarbamate.) (T)

K159 Organics from the treatment of thiocarbamate wastes. (T)

K161 Purification solids (including filtration, 

evaporation, and centrifugation solids), bag 

house dust and floor sweepings from the production of dithiocarbamate acids and their 

salts. (R,T)

K174 Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result 

from commingled ethylene dichloride or 

vinyl chloride monomer wastewater and 

other wastewater), unless the sludges meet 

the following conditions:

(i) They are disposed of in a hazardous 

waste or nonhazardous landfill licensed or 

permitted by the state or federal government;

(ii) They are not otherwise placed on the 

land prior to final disposal; and

(iii) The generator maintains documentation demonstrating that the waste was 

either disposed of in an on-site landfill or 

consigned to a transporter or disposal facility 

that provided a written commitment to dispose of the waste in an off site landfill. 

Respondents in any action brought to 

enforce the requirements of the Hazardous 
173-303-9904 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 236] (6/30/09)

Waste Management Act or dangerous waste 

regulations must, upon a showing by the 

government that the respondent managed 

wastewater treatment sludges from the production of vinyl 

chloride monomer or ethylene dichloride, 

demonstrate that they meet the terms of the 

exclusion set forth above. In doing so, they 

must provide appropriate documentation 

(e.g., contracts between the generator and the 

landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the 

terms of the exclusion were met. (T)

K175 Wastewater treatment sludges from the production of vinyl chloride monomer using 

mercuric chloride catalyst in an acetylenebased process. (T)

[K181] Nonwastewaters from the production of dyes 

and/or pigments (including nonwastewaters 

commingled at the point of generation with 

nonwastewaters from other processes) that, 

at the point of generation, contain mass loadings of any of the constituents identified in 

subsection (3) of this section that are equal to 

or greater than the corresponding subsection 

(3) of this section levels, as determined on a 

calendar year basis. These wastes will not be 

hazardous if the nonwastewaters are:

(i) Disposed in a municipal solid waste 

landfill unit subject to the design criteria in 

40 CFR 258.40;

(ii) Disposed in a dangerous waste landfill unit subject to either WAC 173-303-

665(2) or 40 CFR 265.301 (incorporated by 

reference at WAC 173-303-400 (3)(a));

(iii) Disposed in other municipal solid 

waste landfill units that meet the design criteria in 40 CFR 258.40, WAC 173-303-

665(2) or 40 CFR 265.301 (incorporated by 

reference at WAC 173-303-400 (3)(a)); or

(iv) Treated in a combustion unit that is 

permitted under the Hazardous Waste Management Act and the dangerous waste regulations, or an on-site combustion unit that is 

permitted under the Clean Air Act. For the 

purposes of this listing, dyes and/or pigments production is defined in subsection 

(2)(a) of this section.

Subsection (4) of this section describes the 

process for demonstrating that a facility's 

nonwastewaters are not K181. This listing 

does not apply to wastes that are otherwise 

identified as dangerous under WAC 173-

303-090 (5) through (8), 173-303-100 (5) 

through (6), 173-303-9903, and 173-303-

9904 at the point of generation. Also, the listing does not apply to wastes generated 

before any annual mass loading limit is met. 

(T)

Explosives:

K044 Wastewater treatment sludges from the manufacturing and processing of explosives. (R)

K045 Spent carbon from the treatment of wastewater containing explosives. (R)

K046 Wastewater treatment sludges from the manufacturing, formulation and loading of leadbased initiating compounds. (T)

K047 Pink/red water from TNT operations. (R)

Inorganic Chemicals:

K071 Brine purification muds from the mercury 

cell process in chlorine production, where 

separately prepurified brine is not used. (T)

K073 Chlorinated hydrocarbon waste from the 

purification step of the diaphragm cell process using graphite anodes in chlorine production. (T)

K106 Wastewater treatment sludge from the mercury cell process in chlorine production. (T)

K176 Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony 

metal or crude antimony oxide). (E)

K177 Slag from the production of antimony oxide 

that is speculatively accumulated or disposed, including slag from the production of 

intermediates (e.g., antimony metal or crude 

antimony oxide). (T)

K178 Residues from manufacturing and manufacturing-site storage of ferric chloride from 

acids formed during the production of titanium dioxide using the chloride-ilmenite 

process. (T)

Petroleum Refining:

K048 Dissolved air flotation (DAF) float from the 

petroleum refining industry. (T)

K049 Slop oil emulsion solids from the petroleum 

refining industry. (T)

K050 Heat exchanger bundle cleaning sludge from 

the petroleum refining industry. (T)

K051 API separator sludge from the petroleum 

refining industry. (T)

K052 Tank bottoms (leaded) from the petroleum 

refining industry. (T)

K169 Crude oil storage tank sediment from petroleum refining operations. (T)

K170 Clarified slurry oil tank sediment and/or inline filter/separation solids from petroleum 

refining operations. (T)

K171 Spent hydrotreating catalyst from petroleum 

refining operations, including guard beds 

used to desulfurize feeds to other catalytic 

reactors (this listing does not include inert 

support media). (I,T)
Dangerous Waste Regulations 173-303-9904

(6/30/09) [Ch. 173-303 WACóp. 237]

K172 Spent hydrorefining catalyst from petroleum 

refining operations, including guard beds 

used to desulfurize feeds to other catalytic 

reactors (this listing does not include inert 

support media). (I,T)

Iron and Steel:

K061 Emission control dust/sludge from the primary production of steel in electric furnaces. 

(T)

K062 Spent pickle liquor generated by steel finishing operations of facilities within the iron 

and steel industry (NAICS codes 331111 and 

332111). (C,T)

Pesticides:

K031 Byproduct salts generated in the production 

of MSMA and cacodylic acid. (T)

K032 Wastewater treatment sludge from the production of chlordane. (T)

K033 Wastewater and scrub water from the chlorination of cyclopentadiene in the production 

of chlordane. (T)

K034 Filter solids from the filtration of hexachlorocyclopentadiene in the production of 

chlordane. (T)

K097 Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane. (T)

K035 Wastewater treatment sludges generated in 

the production of creosote. (T)

K036 Still bottoms from toluene reclamation distillation in the production of disulfoton. (T)

K037 Wastewater treatment sludges from the production of disulfoton. (T)

K038 Wastewater from the washing and stripping 

of phorate production. (T)

K039 Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate. (T)

K040 Wastewater treatment sludge from the production of phorate. (T)

K041 Wastewater treatment sludge from the production of toxaphene. (T)

K098 Untreated process wastewater from the production of toxaphene. (T)

K042 Heavy ends or distillation residues from the 

distillation of tetrachlorobenzene in the production of 2,4,5-T. (T)

K043 2,6-Dichlorophenol waste from the production of 2,4-D. (T)

K099 Untreated wastewater from the production of 

2,4-D. (T)

K123 Process wastewater (including supernates, 

filtrates, and wastewaters) from the production of ethylenebisdithiocarbamic acid and 

its salts. (T)

K124 Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid 

and its salts. (C,T)

K125 Filtration, evaporation, and centrifugation 

solids from the production of ethylenebisdithiocarbamic acid and its salts. (T)

K126 Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts. (T)

K131 Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide. (C,T)

K132 Spent absorbent and wastewater separator 

solids from the production of methyl bromide. (T)

Primary Aluminum:

K088 Spent potliners from primary aluminum 

reduction. (T)

Secondary Lead:

K069 Emission control dust/sludge from secondary lead smelting. (T)

K100 Waste leaching solution from acid leaching 

of emission control dust/sludge from secondary lead smelting. (T)

Veterinary Pharmaceuticals:

K084 Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds. (T)

K101 Distillation tar residues from the distillation 

of aniline-based compounds in the production of veterinary pharmaceuticals from 

arsenic or organo-arsenic compounds. (T)

K102 Residue from the use of activated carbon for 

decolorization in the production of veterinary pharmaceuticals from arsenic or 

organo-arsenic compounds. (T)

Ink Formulation:

K086 Solvent washes and sludges, caustic washes 

and sludges, or water washes and sludges 

from cleaning tubs and equipment used in 

the formulation of ink from pigments, driers, 

soaps, and stabilizers containing chromium 

and lead. (T)

Coking:

K060 Ammonia still-lime sludge from coking 

operations. (T)

K087 Decanter tank tar sludge from coking operations. (T)
173-303-9904 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 238] (6/30/09)

Footnotes

K141 Process residues from the recovery of coal 

tar, including, but not limited to, collecting 

sump residues from the production of coke 

from coal or the recovery of coke by-products produced from coal. This listing does 

not include K087 (decanter tank tar sludges 

from coking operations).

K142 Tar storage tank residues from the production of coke from coal or from the recovery 

of coke by-products produced from coal.

K143 Process residues from the recovery of light 

oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.

K144 Wastewater sump residues from light oil 

refining, including, but not limited to, intercepting or contamination sump sludges from 

the recover of coke by-products produced 

from coal.

K145 Residues from naphthalene collection and 

recovery operations from the recovery of 

coke by-products produced from coal.

K147 Tar storage tank residues from coal tar refining.

K148 Residues from coal tar distillation, including 

but not limited to, still bottoms.

1 For wastes listed with the dangerous waste 

numbers F020, F021, F022, F023, F026, or 

F027 the quantity exclusion limit is 2.2 lbs. (1 

kg) per month or per batch.

2 Listing Specific Definitions:

a For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or 

water and/or solids.

b(i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are 

defined as units which employ one of the following four treatment methods: Activated 

sludge; trickling filter; rotating biological 

contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate 

aeration. High-rate aeration is a system of 

surface impoundments or tanks, in which 

intense mechanical aeration is used to completely mix the wastes, enhance biological 

activity, and (A) the units employs a minimum of 6 hp per million gallons of treatment 

volume; and either (B) the hydraulic retention 

time of the unit is no longer than 5 days; or 

(C) the hydraulic retention time is no longer 

than 30 days and the unit does not generate a 

sludge that is a dangerous waste by the Toxicity Characteristic.

(ii) Generators and treatment, storage and disposal facilities have the burden of proving 

that their sludges are exempt from listing as 

F037 and F038 wastes under this definition. 

Generators and treatment, storage and disposal facilities must maintain, in their operating or other on-site records, documents and 

data sufficient to prove that: (A) The unit is 

an aggressive biological treatment unit as 

defined in this subsection; and (B) the sludges 

sought to be exempted from the definitions of 

F037 and/or F038 were actually treated in the 

aggressive biological treatment unit.

c(i) For the purposes of the F037 listing, sludges 

are considered to be generated at the moment 

of deposition in the unit, where deposition is 

defined as at least a temporary cessation of 

lateral particle movement.

(ii) For the purposes of the F038 listing,

(A) Sludges are considered to be generated at the 

moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and

(B) Floats are considered to be generated at the 

moment they are formed in the top of the unit.

State Sources

WPCB Discarded transformers, capacitors or bushings containing polychlorinated biphenyls 

(PCB) at concentrations of 2 parts per million 

or greater (except when drained of all free 

flowing liquid) and the following wastes generated from the salvaging, rebuilding, or discarding of transformers, capacitors or bushings containing polychlorinated biphenyls 

(PCB) at concentrations of 2 parts per million 

or greater: Cooling and insulating fluids and 

cores, including core papers. (NoteóCertain 

PCB wastes are excluded from this listing 

under WAC 173-303-071 (3)(k). The generator should check that section to determine if 

their PCB waste is excluded from the requirements of chapter 173-303 WAC.)

(2) Listing Specific Definitions: For the purposes 

of the K181 listing, dyes and/or pigments 

production is defined to include manufacture 

of the following product classes: Dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or 

anthraquinone classes. Azo products include 

azo, monoazo, diazo, triazo, polyazo, azoic, 

benzidine, and pyrazolone products.

Triarylmethane products include both triarylmethane and triphenylmethane products. 

Wastes that are not generated at a dyes and/or 

pigments manufacturing site, such as wastes 

from the off site use, formulation, and packaging of dyes and/or pigments, are not 

included in the K181 listing.
Dangerous Waste Regulations 173-303-9904

(6/30/09) [Ch. 173-303 WACóp. 239]

(3) K181 Listing Levels. Nonwastewaters containing constituents in amounts equal to or 

exceeding the following levels during any 

calendar year are subject to the K181 listing, 

unless the conditions in the K181 listing are 

met.

Constituent Chemical 

Abstracts No.

Mass Levels (kg/yr)

Aniline . . . . . . . . . . . . . . . . 62-53-3 9,300

o-Anisidine . . . . . . . . . . . . . 90-04-0 110

4-Chloroaniline. . . . . . . . . . 106-47-8 4,800

p-Cresidine . . . . . . . . . . . . . 120-71-8 660

2,4-Dimethylaniline . . . . . . 95-68-1 100

1,2-Phenylenediamine . . . . 95-54-5 710

1,3-Phenylenediamine . . . . 108-45-2 1,200

(4) Procedures for demonstrating that dyes 

and/or pigment nonwastewaters are not 

K181. The procedures described in (a) 

through (c) and (e) of this subsection establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are 

not disposed in landfill units or treated in 

combustion units as specified in subsection 

(1) - the K181 listing - of this section). If the 

nonwastewaters are disposed in landfill units 

or treated in combustion units as described in 

subsection (1) of this section, then the nonwastewaters are not hazardous. In order to 

demonstrate that it is meeting the landfill disposal or combustion conditions contained in 

the K181 listing description, the generator 

must maintain documentation as described in 

(d) of this subsection.

(a) Determination based on no K181 constituents. Generators that have knowledge (for 

example, knowledge of constituents in wastes 

based on prior sampling and analysis data 

and/or information about raw materials used, 

production processes used, and reaction and 

degradation products formed) that their 

wastes contain none of the K181 constituents 

(see subsection (3) of this section) can use 

their knowledge to determine that their waste 

is not K181. The generator must document 

the basis for all such determinations on an 

annual basis and keep each annual documentation for three years.

(b) Determination for generated quantities of 

1,000 MT/yr or less for wastes that contain 

K181 constituents. If the total annual quantity 

of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (for 

example, knowledge of constituents in wastes 

based on prior analytical data and/or information about raw materials used, production 

processes used, and reaction and degradation 

products formed) to conclude that annual 

mass loadings for the K181 constituents are 

below the listing levels of this subsection. To 

make this determination, the generator must:

(i) Each year document the basis for determining 

that the annual quantity of nonwastewaters 

expected to be generated will be less than 

1,000 metric tons.

(ii) Track the actual quantity of nonwastewaters 

generated from January 1 through December 

31 of each year. If, at any time within the 

year, the actual waste quantity exceeds 1,000 

metric tons, the generator must comply with 

the requirements of (c) of this subsection for 

the remainder of the year.

(iii) Keep a running total of the K181 constituent 

mass loadings over the course of the calendar 

year.

(iv) Keep the following records on-site for the 

three most recent calendar years in which the 

hazardous waste determinations are made:

(A) The quantity of dyes and/or pigment nonwastewaters generated.

(B) The relevant process information used.

(C) The calculations performed to determine 

annual total mass loadings for each K181 

constituent in the nonwastewaters during the 

year.

(c) Determination for generated quantities 

greater than 1,000 MT/yr for wastes that contain K181 constituents. If the total annual 

quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric 

tons, the generator must perform all of the 

steps described in paragraphs (d)(3)(i) - 

(d)(3)(xi) of this subsection in order to make 

a determination that its waste is not K181.

(i) Determine which K181 constituents (see (c) 

of this subsection) are reasonably expected to 

be present in the wastes based on knowledge 

of the wastes (for example, based on prior 

sampling and analysis data and/or information about raw materials used, production 

processes used, and reaction and degradation 

products formed).

(ii) If 1,2-phenylenediamine is present in the 

wastes, the generator can use either knowledge or sampling and analysis procedures to 

determine the level of this constituent in the 

wastes. For determinations based on use of 

knowledge, the generator must comply with 

the procedures for using knowledge 

described in paragraph (d)(2) of this subsection and keep the records described in paragraph (d)(2)(iv) of this subsection. For determinations based on sampling and analysis, 

the generator must comply with the sampling 

and analysis and recordkeeping requirements 

described below in this subsection.
173-303-9905 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 240] (6/30/09)

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-9904, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-9904, filed 11/30/04,

effective 1/1/05; 00-11-040 (Order 99-01), ß 173-303-9904, filed 5/10/00,

effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW.

98-03-018 (Order 97-03), ß 173-303-9904, filed 1/12/98, effective 2/12/98;

95-22-008 (Order 94-30), ß 173-303-9904, filed 10/19/95, effective

11/19/95; 94-01-060 (Order 92-33), ß 173-303-9904, filed 12/8/93, effective

1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR

Part 271.3 and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß

173-303-9904, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter

70.105 RCW. 89-02-059 (Order 88-24), ß 173-303-9904, filed 1/4/89; 87-

14-029 (Order DE-87-4), ß 173-303-9904, filed 6/26/87; 86-12-057 (Order

DE-85-10), ß 173-303-9904, filed 6/3/86; 85-09-042 (Order DE-85-02), ß

173-303-9904, filed 4/15/85; 84-09-088 (Order DE 83-36), ß 173-303-9904,

filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105

RCW. 82-05-023 (Order DE 81-33), ß 173-303-9904, filed 2/10/82.]

Reviserís note: RCW 34.05.395 requires the use of underlining and

deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material

in the above section does not appear to conform to the statutory requirement.

173-303-9905 WAC 173-303-9905 Dangerous waste constituents

list.

A2213 (Ethanimidothioic acid, 2- (dimethylamino) -Nhydroxy-2-oxo-, methyl ester)

Acetic Acid,2,4,5-trichlorophenoxy-, salts and esters

(2,4,5-T, salts and esters)

(iii) Develop a waste sampling and analysis plan 

(or modify an existing plan) to collect and 

analyze representative waste samples for the 

K181 constituents reasonably expected to be 

present in the wastes. At a minimum, the plan 

must include:

(A) A discussion of the number of samples 

needed to characterize the wastes fully;

(B) The planned sample collection method to 

obtain representative waste samples;

(C) A discussion of how the sampling plan 

accounts for potential temporal and spatial 

variability of the wastes;

(D) A detailed description of the test methods to 

be used, including sample preparation, clean 

up (if necessary), and determinative methods.

(iv) Collect and analyze samples in accordance 

with the waste sampling and analysis plan.

(A) The sampling and analysis must be unbiased, 

precise, and representative of the wastes;

(B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of subsection 

(3) of this section.

(v) Record the analytical results.

(vi) Record the waste quantity represented by the 

sampling and analysis results.

(vii) Calculate constituent-specific mass loadings 

(product of concentrations and waste quantity).

(viii) Keep a running total of the K181 constituent 

mass loadings over the course of the calendar 

year.

(ix) Determine whether the mass of any of the 

K181 constituents listed in subsection (3) of 

this section generated between January 1 and 

December 31 of any year is below the K181 

listing levels.

(x) Keep the following records on-site for the 

three most recent calendar years in which the 

hazardous waste determinations are made:

(A) The sampling and analysis plan.

(B) The sampling and analysis results (including 

QA/QC data).

(C) The quantity of dyes and/or pigment nonwastewaters generated.

(D) The calculations performed to determine 

annual mass loadings.

(xi) Nonhazardous waste determinations must be 

conducted annually to verify that the wastes 

remain nonhazardous.

(A) The annual testing requirements are suspended after three consecutive successful 

annual demonstrations that the wastes are 

nonhazardous. The generator can then use 

knowledge of the wastes to support subsequent annual determinations.

(B) The annual testing requirements are reinstated if the manufacturing or waste treatment 

processes generating the wastes are significantly altered, resulting in an increase of the 

potential for the wastes to exceed the listing 

levels.

(C) If the annual testing requirements are suspended, the generator must keep records of 

the process knowledge information used to 

support a nonhazardous determination. If 

testing is reinstated, a description of the process change must be retained.

(d) Recordkeeping for the landfill disposal and 

combustion exemptions. For the purposes of 

meeting the landfill disposal and combustion 

condition set out in the K181 listing description, the generator must maintain on-site for 

three years documentation demonstrating that 

each shipment of waste was received by a 

landfill unit that is subject to or meets the 

landfill design standards set out in the listing 

description, or was treated in combustion 

units as specified in the listing description.

(e) Waste holding and handling. During the 

interim period, from the point of generation 

to completion of the hazardous waste determination, the generator is responsible for 

storing the wastes appropriately. If the wastes 

are determined to be hazardous and the generator has not complied with the Hazardous 

Waste Management Act and the dangerous 

waste regulation requirements during the 

interim period, the generator could be subject 

to an enforcement action for improper management.
Dangerous Waste Regulations 173-303-9905

(6/30/09) [Ch. 173-303 WACóp. 241]

Acetonitrile [Ethanenitrile]

Acetophenone (Ethanone, 1-phenyl)

-(alpha-Acetonylbenzyl)-4-hydroxycoumarin and salts

(Warfarin)

2-Acetylaminofluorene (Acetemide,N-9H- fluoren-2-

yl)-)

Acetyl chloride (Ethanoyl chloride)

1-Acetyl-2-thiourea (Acetamide,N-(aminothioxomethyl)-)

Acrolein (2-Propenal)

Acrylamide (2-Propenamide)

Acrylonitrile (2-Propenenitrile)

Aflatoxins

Aldicarb sulfone (Propanal, 2-methyl-2-(methylsulfonyl) -, O-[(methylamino) carbonyl] oxime)

Aldrin (1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a,-hexahydro-endo,exo- 1,4:5,8-Dimethanonaphthalene)

Allyl alcohol (2-Propen-1-ol)

Allyl chloride (1-Propane, 3-chloro)

Aluminum phosphide

4-Aminobiphenyl ([1,1'-Biphenyl]-4-amine)

6-Amino-1,1a,2,8,8a,8b-hexahydro-8- (hydroxymethyl)

-8a-methoxy-5-methyl- carbamate

azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione,

(ester) (Mitomycin C) (Azirino[2'3':3,4]pyrrolo(1,2-

a)indole-4,7-dione, 6-amino-8

4-Aminopyridine(4-Pyridinamine)

Amitrole (1H-1,2,4-Triazol-3-amine)

Aniline (Benzenamine)

o-Anisidine (2-methoxyaniline)(Benzenamine, 2-Methoxy-)

Antimony and compounds, N.O.S.* 

Aramite (Sulfurous acid 2-chloroethyl 2-[4-(1,1-dimethylethyl)phenoxy]-1-methylethyl ester)Arsenic and

compounds, N.O.S.*

Barban (Carbamic acid, (3-chlorophenyl) -, 4-chloro-2-

butynyl ester)

Barium and compounds, N.O.S.*

Barium cyanide

Bendiocarb (1,3-Benzodioxol-4-ol, 2,2-dimethyl-,

methyl carbamate) 

Bendiocarb phenol (1,3-Benzodioxol-4-ol, 2,2-dimethyl-,)

Benomyl (Carbamic acid, [1- [(butylamino) carbonyl]-

1H-benzimidazol-2-yl] -, methyl ester)

Benz[c]acridine (3,4-Benzacridine)

Benz[a]anthracene (1,2-Benzanthracene)

Benzene (Cyclohexatriene)

Benzenearsonic acid (Arsonic acid, phenyl-)

Benzene, 2-amino-1-methyl (o-Toluidine)

Benzene, 4-amino-1-methyl (p-Toluidine)

Benzene, dichloromethyl- (Benzal chloride)

Benzenethoil (Thiophenol)

Benzidine ([1,1'-Biphenyl]-4,4'diamine)

Benzo[b]fluoranthene (2,3-Benzofluoranthene)

Benzo(k)fluoranthene

Benzo[j]fluoranthene (7,8-Benzofluoranthene)

Benzo[a]pyrene (3,4-Benzopyrene)

p Benzoquinone (1,4-Cyclohexadienedione)

Benzotrichloride (Benzene, trichloromethyl-)

Benzyl chloride (Benzene, (chloromethyl)-)

Beryllium powder

Beryllium compounds, N.O.S.*

Bis(2-chloroethoxy)methane (Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-])

Bis(2-chloroethyl) ether (Ethane, 1,1'-oxybis[2-chloro-])

N,N-Bis(2-chloroethyl)-2-naphthylamine (Chlornaphazine)

Bis(2-chloroisopropyl) ether (Propane, 2,2'-oxybis[2-

chloro-])

Bis(chloromethyl) ether (Methane, oxybis[chloro-])

Bis(2-ethylhexyl) phthalate (1,2-Benzenedicarboxylic

acid, bis(2-ethylhexyl) ester)

Bis(pentamethylene)-thiuram tetrasulfide (Piperidine,

1,1'-(tetrathiodicarbonothioyl)-bis-)

Bromoacetone (2-Propanone, 1-bromo-)

Bromomethane (Methyl bromide)

4-Bromophenyl phenyl ether (Benzene, 1-bromo-4-phenoxy-)

Brucine (Strychnidin-10-one, 2,3-dimethoxy-)

2-Butanone peroxide (Methyl ethyl ketone, peroxide)

Butyl benzyl phthalate (1,2-Benzenedicarboxylic acid,

butyl phenylmethyl ester)

2-sec-Butyl-4,6-dinitrophenol (DNBP) (Phenol, 2,4-

dinitro-6-(1-methylpropyl)-)

Butylate (Carbamothioic acid, bis(2 methylpropyl)-, Sethyl ester)

Cadmium and compounds, N.O.S.*

Calcium chromate (Chromic acid, calcium salt)

Calcium cyanide

Carbamic Acid, ethyl ester

Carbaryl (1-Naphthalenol methylcarbamate)

Carbendazim (Carbamic acid, 1H-benzimidazol-2-yl,

methyl ester)

Carbofuran (7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-

, methylcarbamate)

Carbofuran phenol (7-Benzofuranol, 2,3-dihydro-2,2-

dimethyl-)

Carbon disulfide (Carbon bisulfide)

Carbon oxyfluoride (Carbonyl fluoride)

Carbosulfan (Carbamic acid, [(dibutylamino) thio]

methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl

ester)

Chloral (Acetaldehyde, trichloro-)

Chlorambucil (Butanoic acid, 4-[bis(2-chloroethyl)amino]benzene-)

Chlordane (alpha and gamma isomers) (4,7-Methanoindan, 1,2,4,5,6,7,8,8-octachloro-3,4,7,7a-tetrahydro-

) (alpha and gamma isomers)

Chlorinated benzenes, N.O.S.*

Chlorinated ethane, N.O.S.*

Chlorinated fluorocarbons, N.O.S.*

Chlorinated naphthalene, N.O.S.*

Chlorinated phenol, N.O.S.*

Chloroacetaldehyde (Acetaldehyde, chloro-)

Chloroalkyl ethers, N.O.S.*

P-Chloroaniline (Benzenamine, 4-chloro-)

Chlorobenzene (Benzene, chloro-)

Chlorobenzilate (Benzeneacetic acid, 4-chloro-alpha-(4-

chlorophenyl)-alpha-hydroxy-,ethyl ester)

2-Chloro-1,3-butadiene

p-Chloro-m-cresol (Phenol, 4-Chloro-3-methyl)
173-303-9905 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 242] (6/30/09)

1-Chloro-2,3-epoxypropane (Oxirane, 2-(chloromethyl)-)

2-Chloroethyl vinyl ether (Ethene, (2-chloroethoxy)-)

Chloroform (Methane, trichloro-)

Chloromethane (Methyl chloride)

Chloromethyl methyl ether (Methane, chloromethoxy-)

2-Chloronaphthalene (Naphthalene, beta-chloro-)

2-Chlorophenol (Phenol, o-chloro-)

1-(o-Chlorophenyl)thiourea (Thiourea, (2-chlorophenyl)-)

3-Chloropropene

3-Chloropropionitrile (Propanenitrile, 3-chloro-)Chromium and compounds, N.O.S.*

Chrysene (1,2-Benzphenanthrene)

Citrus red No. 2 (2-Naphthol, 1-[(2,5-dimethoxyphenyl)azo]-)

Coal tar creosote

Copper cyanide

Copper dimethyldithiocarbamate (Copper, bis(dimethylcarbamodithioato-S,S')-,)

Creosote

p-Cresidine (2-Methoxy-5-methylbenzenamine)

Cresols (Cresylic acid) (Phenol, methyl-)

Crotonaldehyde (2-Butenal)

m-Cumenyl methylcarbamate (Phenol, 3-(methylethyl)-,

methyl carbamate)

Cyanides (soluble salts and complexes), N.O.S.*

Cyanogen (Ethanedinitrile)

Cyanogen bromide (Bromine cyanide)

Cyanogen chloride (Chlorine cyanide)

Cycasin (beta-D-Glucopyranoside, (methyl-ONNazoxy)methyl-)

Cycloate (Carbamothioic acid, cyclohexylethyl-, S-ethyl

ester)

2-Cyclohexyl-4,6-dinitrophenol (Phenol, 2-cyclohexyl4,6-dinitro-)

Cyclophosphamide (2H-1,3,2,-Oxazaphosphorine,

[bis(2-chloroethyl)amino]-tetrahydro-, 2-oxide)

Daunomycin (5,12-Naphthacenedione, (8S-cis)-8-

acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxohexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-)

Dazomet (2H-1,3,5-thiadiazine-2-thione, tetrahydro3,5-dimethyl-)

DDD (Dichlorodiphenyldichloroethane) (Ethane, 1,1-

dichloro-2,2-bis(p chlorophenyl)-)

DDE (Ethylene, 1,1-dichloro-2,2-bis(4-chlorophenyl)-)

DDT (Dichlorodiphenyltrichloroethane) (Ethane, 1,1,1-

trichloro-2,2-bis(p-chlorophenyl)-)

Diallate (S-(2,3-dichloroallyl) diisopropylthiocarbamate)

Dibenz[a,h]acridine (1,2,5,6-Dibenzacridine)

Dibenz[a,j]acridine (1,2,7,8-Dibenzacridine)

Dibenz[a,h]anthracene (1,2,5,6-Dibenzanthracene)

7H-Dibenzo[c,g]carbazole (3,4,5,6-Dibenzcarbazole)

Dibenzo[a,e]pyrene (1,2,4,5-Dibenzpyrene)

Dibenzo[a,h]pyrene (1,2,5,6-Dibenzpyrene)

Dibenzo[a,i]pyrene (1,2,7,8-Dibenzpyrene)

1,2-Dibromo-3-chloropropane (Propane, 1,2-dibromo-3-

chloro-)

1,2-Dibromoethane (Ethylene dibromide)

Dibromomethane (Methylene bromide)

Di-n-butyl phthalate (1,2-Benzenedicarboxylic acid,

dibutyl ester)

o-Dichlorobenzene (Benzene, 1,2-dichloro-)

m-Dichlorobenzene (Benzene, 1,3-dichloro-)

p-Dichlorobenzene (Benzene, 1,4-dichloro-)

Dichlorobenzene, N.O.S.* (Benzene, dichloro-,

N.O.S.*)

3,3'-Dichlorobenzidine ([1,1'-Biphenyl]-4,4'-diamine,

3,3'-dichloro-)

1,4-Dichloro-2-butene (2-Butene, 1,4-Butene, 1,4-

dichloro-)

Dichlorodifluoromethane (Methane, dichlorodifluoro-)

1,1-Dichloroethane (Ethylidene dichloride)

1,2-Dichloroethane (Ethylene dichloride)

trans-1,2-Dichloroethene (1,2-Dichloroethylene)

Dichloroethylene, N.O.S.* (Ethene, dichloro-, N.O.S.*)

1,1-Dichloroethylene (Ethene, 1,1-dichloro-)

Dichloromethane (Methylene chloride)

2,4-Dichlorophenol (Phenol, 2,4-dichloro-)

2,6-Dichlorophenol (Phenol, 2,6-dichloro)

2,4-Dichlorophenoxyacetic acid (2,4-D), salts and esters

(Acetic acid, 2,4-dichlorophenoxy-, salts and esters)

Dichlorophenylarsine (Phenyl dichloroarsine)

Dichloropropane, N.O.S.* (Propane, dichloro-, N.O.S.*)

1,2-Dichloropropane (Propylene dichloride)

Dichloropropanol, N.O.S.* (Propanol, dichloro-,

N.O.S.*)

Dichloropropene, N.O.S.* (Propene, dichloro-, N.O.S.*)

1,3-Dichloropropene, (1-Propene, 1,3-dichloro-)

Dieldrin (1,2,3,4,10,10-hexachloro-6,7-epoxy1,4,4a,5,6,7,8,8a-octa-hydro-endo, exo-1,4:5,8-

Dimethanonaphthalene)

1,2:3,4-Diepoxybutane (2,2'-Bioxirane)

Diethylarsine (Arsine, diethyl-)

N,N'-Diethylhydrazine (Hydrazine, 1,2-diethyl)

O,O-Diethyl S-methyl ester of phosphorodithioic acid

(Phosphorodithioic acid, O,O-diethyl S-methyl ester

O,O-Diethylphosphoric acid, O-p-nitrophenyl ester

(Phosphoric acid, diethyl p-nitrophenyl ester)

Diethyl phthalate (1,2-Benzenedicarboxylic acid, diethyl

ester)

O,O-Diethyl O-2-pyraxinyl phosphorothioate (Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

Diethylene glycol, dicarbamate (Ethanol, 2,2'-oxybis-,

dicarbamate)

Diethylstilbesterol (4,4'-Stilbenediol, alpha,alphadiethyl, bis(dihydrogen phosphate, (E)-)

Dihydrosafrole (Benzene, 1,2-methylenedioxy-4-propyl-)

3,4-Dihydroxy-alpha-(methylamino)methyl benzyl alcohol (1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-)

Diisopropylfluorophosphate (DFP) (Phosphorofluoridic

acid, bis(1-methylethyl) ester)

Dimethoate (Phosphorodithioic acid, O,Odimethyl S-[2-(methylamino)-2-oxoethyl] ester

3,3'-Dimethoxybenzidine ([1,1'-Biphenyl]-4,4'diamine,

3-3'dimethoxy-)

p-Dimethylaminoazobenzene (Benzenamine, N,N-dimethyl-4-(phenylazo)-)
Dangerous Waste Regulations 173-303-9905

(6/30/09) [Ch. 173-303 WACóp. 243]

2,4-Dimethylaniline (2,4-xylidine) (Benzenamine,2,4-

dimethyl-)

7,12-Dimethylbenz[a]anthracene (1,2-Benzanthracene,

7,12-dimethyl-)

3,3'Dimethylbenzidine ([1,1'-Biphenyl]-4,4'-diamine,

3,3'-dimethyl-)

Dimethylcarbamoyl chloride (Carbamoyl chloride, dimethyl-)

1,1-Dimethylhydrazine (Hydrazine, 1,1-dimethyl-)

1,2-Dimethylhydrazine (Hydrazine, 1,2-dimethyl-)

3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino) carbonyl]oxime (Thiofanox)

alpha,alpha-Dimethylphenethylamine (Ethanamine, 1,1-

dimethyl-2-phenyl)

2,4-Dimethylphenol (Phenol, 2,4-dimethyl-)

Dimethyl phthalate (1,2-Benzenedicarboxylic, acid,

dimethyl ester)

Dimethyl sulfate (Sulfuric acid, dimethyl ester)

Dimetilan (Carbamic acid, dimethyl-, 1-[(dimethylamino) carbonyl]-5-methyl-1H-pyrazol-3-yl ester)

Dinitrobenzene, N.O.S.* (Benzene, dinitro-, N.O.S.*

4,6-Dinitro-o-cresol and salts (Phenol, 2,4-dinitro-6-

methyl-, and salts)

2,4-Dinitrophenol (Phenol, 2,4-dinitro-)

2,4-Dinitrotoluene (Benezene, 1-methyl-2,4-dinitro-)

2,6-Dinitrotoluene (Benzene,1-methyl-2,6-dinitro-)

Dinoseb (Phenol, 2-(1-methylpropyl)-4,6-dinitro-)

Di-n-octyl phthalate (1,2-Benzenedicarbozylic acid, dioctyl ester)

1,4-Dioxane (1,4-Diethylene oxide)

Diphenylamine (Benzenamine, N-Phenyl-)

1,2-Diphenylhydrazine (Hydrazine, 1,2-diphenyl-)

Di-n-propylmitrosamine (N-Nitroso-di-n-propylamine)

Disulfiram (Thioperoxydicarbonic diamide, tetraethyl)

Disulfoton (O,O-diethyl S-[2-(ethylthio)ethyl] phosphorodithioate)

Dithiobiuret (Thioimidodicarbonic diamide

[(H2N)C(S)]2NH)

EPTC (Carbamothioic acid, dipropyl-, S-ethyl ester)

Endosulfan (5-Norbornene, 2,3-dimethanol, 1,4,5,6,7,7-

hexachloro-, cyclic sulfite)

Endrin and metabolites (1,2,3,4,10,10-hexachloro-6,7-

epoxy-1,4,4a,5,6,7,8,8a-octahydro-endo,endo1,4:5,8-dimethanonaphthalene, and metabolites)

Ethyl carbamate (Urethan) (Carbamic acid, ethyl ester)

Ethyl cyanide (propanenitrile)

Ethyl ziram (Zinc, bis(diethylcarbamodithioato- S,S')-)

Ethylenebisdithiocarbamic acid, salts and esters (1,2-

Ethanediylbiscarbamodithioic acid, salts and esters.

Ethylene glycol monoethyl ether (2-Ethoxyethanol)

Ethyleneimine (Aziridine)

Ethylene oxide (Oxirane)

Ethylenethiourea (2-Imidazolidinethione)

Ethylmethacrylate (2-Propenoic acid, 2-methyl-, ethyl

ester)

Ethyl methanesulfonate (Methanesulfonic acid, ethyl

ester)

Ferbam (Iron, tris(dimethylcarbamodithioato- S,S')-)

Fluoranthene (Benzo[j,k]fluorene)

Fluorine

2-Fluoroacetamide (Acetamide, 2-fluoro-)

Fluoroacetic acid, sodium salt (Acetic acid, fluoro-,

sodium salt)

Formaldehyde (Methylene, oxide)

Formetanate hydrochloride (Methanimidamide, N,Ndimethyl-N'-[3-[[(methylamino) carbonyl]oxy]phenyl]-, monohydrochloride)

Formic acid (Methanoic acid)

Formparanate (Methanimidamide, N,N-dimethyl-N'-[2-

methyl-4-[[(methylamino) carbonyl]oxy]phenyl]-)

Glycidylaldehyde (1-Propanol-2,3-epoxy)

Halomethane, N.O.S.*

Heptachlor (4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a,4,7,7a-tetrahydro-)

Heptachlor epoxide (alpha, beta, and gamma isomers)

(4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-2,3-epoxy-3a,4,7,7-tetrahydro-, alpha, beta

and gamma isomers)

Heptachlorodibenzofurans

Heptachlorodibenzo-p-dioxins

Hexachlorobenzene (Benzene, hexachloro-)

Hexachlorobutadiene (1,3-Butadiene, hexachloro-)

Hexachlorocyclohexane (all isomers) (Lindane and isomers)

Hexachlorocylopentadiene (1,3-Cyclopentadiene,

1,2,3,4,5,5-hexachloro-)

Hexachlorodibenzo-p-dioxins

Hexachlorodibenzofurans

Hexachloroethane (Ethane, hexachloro-)

1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro1,4:5,8-endo,endo-dimethanonphthalene

(Hexachlorohexahydro-endo,endo-dimethanonaphthalene)

Hexachlorophene (2,2'-Methylenebis(3,4,6-trichlorophenol))

Hexachloropropene (Propene, hexachloro-)

Hexaethyl tetraphosphate (Tetraphosphoric acid, hexaethyl ester)

Hydrazine (Diamine)

Hydrocyanic acid (Hydrogen cyanide)

Hydrofluoric acid (Hydrogen fluoride)

Hydrogen sulfide (Sulfur hydride)

Hydroxydimethylarsine oxide (Cacodylic acid)

Indeno(1,2,3-cd)pyrene (1,10-(1,2-phenylene)pyrene)

3-Iodo-2-propynyl n-butylcarbamate (Carbamic acid,

butyl-, 3-iodo-2- propynyl ester)

Iodomethane (Methyl iodide)

Isocyanic acid, methyl ester (Methyl isocyanate)Isobutyl alcohol (1-Propanol, 2-methyl-)

Isolan (Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester)

Isosafrole (Benzene, 1,2-methylenedioxy-4-allyl-)

Kepone (Decachlorooctahydro-1,3,4-Methano-2Hcyclobuta[cd]pentalene-2-one)

Lasiocarpine (2-Butanoic acid, 2-methyl-,7-[(2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy)methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-

yl ester)

Lead and compounds, N.O.S.*

Lead acetate (Acetic acid, lead salt)

Lead phosphate (Phosphoric acid, lead salt)

Lead subacetate (Lead, bis(acetato-O)tetrahydroxytri-)
173-303-9905 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 244] (6/30/09)

Maleic anhydride (2,5-Furandione)

Maleic hydrazide (1,2-Dihydro-3,6-pyridazinedione)

Malononitrile (Propanedinitrile)

Manganese dimethyldithiocarbamate (Manganese,

bis(dimethylcarbamodithioato-S,S')-,)

Melphalan (Alanine, 3-[p-bis(2-chloroethyl)amino]phenyl-,L-)

Mercury Fulminate (Fulminic acid, mercury salt)

Mercury and compounds, N.O.S.*

Metam sodium (Carbamodithioic acid, methyl-, monosodium salt)

Methacrylonitrile (2-Propenenitrile, 2-methyl-)

Methanethiol (Thiomethanol)

Methapyrilene (Pyridine, 2-[(2-dimethylamino)ethyl]-2-

thenylamino-)

Methiocarb (Phenol, (3,5-dimethyl-4-(methylthio)-,

methylcarbamate)

Metholonyl (Acetimidic acid, N-[(methylcarbamoyl)oxy]thio-,methyl ester

Methoxychior (Ethane, 1,1,1-trichloro-2,2'-bis(p-methoxyphenyl)-)

2-Methylaziridine (1,2-Propylenimine)

3-Methylcholanthrene (Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-)

Methyl chlorocarbonate (Carbonochloridic acid, methyl

ester)

4,4'-Methylenebis(2-chloroaniline) (Benzenamine, 4,4'-

methylenebis-(2-chloro-)

Methyl ethyl ketone (MEK) (2-Butanone)

Methyl hydrazine (Hydrazine, methyl-)

2-Methyllactonitrile (Propanenitrile, 2-hydroxy-2-

methyl-)

Methyl methacrylate (2-Propenoic acid, 2-methyl-,

methyl ester)

Methyl methanesulfonate (Methanesulfonic acid, methyl

ester)

2-Methyl-2-(methylthio)propionaldehyde-o-(methylcarbonyl) oxime

N-Methyl-N'-nitro-N-nitrosoguanidine (Guanidine, Nnitros-N-methyl-N'nitro-)

Methyl parathion (O,O-dimethyl O-(4-nitrophenyl)

phosphorothioate)

Methylthiouracil (4-1H-Pyrimidinone, 2,3-dihydro-6-

methyl-2-thioxo-)

Metolcarb (Carbamic acid, methyl-, 3-methylphenyl

ester)

Mexacarbate (Phenol, 4-(dimethylamino)-3,5-dimethyl-,

methylcarbamate (ester))

Molinate (1H-Azepine-1-carbothioic acid,hexahydro-,

S-ethyl ester)

Mustard gas (Sulfide, bis(2-chloroethyl)-)

Naphthalene

1,4-Naphthoquinone (1,4-Naphthalenedione)

1-Naphthylamine (alpha-Naphthylamine)

2-Naphthylamine (beta-Naphthylamine)

1-Naphthyl-2-thiourea (Thiourea, 1-naphthalenyl-)

Nickel and compounds, N.O.S.*

Nickel carbonyl (Nickel tetracarbonyl)

Nickel cyanide (nickel (II) cyanide)

Nicotine and salts, Pyridine, (S)-3-(1-methyl-2-pyrrolidinyl)-, and salts)

Nitric oxide (Nitrogen (II) oxide)

p-Nitroaniline (Benzenamine, 4-nitro-)

Nitrobenzine (Benzene, nitro-) Nitrobenzene

Nitrogen dioxide (Nitrogen (IV) oxide)

Nitrogen mustard and hydrochloride salt (Ethanamine,

2-chloro-, N-(2-chloroethyl)-

N-methyl-, and hydrochloride salt)

Nitrogen mustard N-Oxide and hydrochloride salt (Ethanamine, 2-chloro-, N-(2-chloroethyl)-N-methyl-, Noxide, and hydro-chloride salt)

Nitroglycerine (1,2,3-Propanetriol, trinitrate)

4-Nitrophenol (Phenol, 4-nitro-)

2-Nitropropane (Propane 2-nitro)

4-Nitroquinoline-1-oxide (Quinoline, 4-nitro-1-oxide-)

Nitrosamine, N.O.S.*

N-Nitrosodi-n-butylamine (1-Butanamine, N-butyl-Nnitroso-)

N-Nitrosodiethanolamine (Ethanol, 2,2'-(nitrosoimino)bis-)

N-Nitrosodiethylamine (Ethanamine, N-Ethyl-Nnitroso-)

N-Nitrosodimethylamine (Dimethylnitrosamine)

N-Nitroso-N-ethylurea (Carbamide, N-ethyl-N-nitroso-)

N-Nitrosomethylethylamine (Ethanamine, N-methyl-Nnitroso-)

N-Nitroso-N-methylurea (Carbamide, N-methyl-Nnitroso-)

N-Nitroso-N-methylurethane (Carbamic acid, methylnitroso-, ethyl ester)

N-Nitrosomethylvinylamine (Ethenamine, N-methyl-Nnitroso-)

N-Nitrosomorpholine (Morpholine, N-nitroso-)

N-Nitrosonornicotine (Nornicotine, N-nitroso-)

N-Nitrosopiperidine (Pyridine, hexahydro-, N-nitroso-)

N-Nitrosopyrrolidine (pyrrole, tetrahydro-, N-nitroso-)

N-Nitrososacrosine (Sarcosine, N-nitroso-)

5-Nitro-o-toluidine (Benzenamine, 2-methyl-5-nitro-)

Octachlorodibenzo-p-dioxin (OCDD) 1,2,3,4,6,7,8,9-

Octachlorodibenzo-p-dioxin

Octachlorodibenzofuran (OCDF) 1,2,3,4,6,7,8,9-

Octachlorodibenzofuran

Octamethylpyrophosphoramide (Diphosphoraminde,

octamethyl-)

Osmium tetroxide (Osmium (VIII) oxide)

7-Ocabicyclo[2.2.1]heptane-2,3-dicarbonxylic acid

(Endothal)

Oxamyl (Ethanimidothioc acid, 2-(dimethylamino)-N-

[[(methylamino) carbonyl]oxy]-2-oxo-, methyl

ester)

Paraldehyde (1,3,5-Trioxane, 2,4,6-trinethyl-)

Parathion (Phosphorothioic acid, O,O-diethyl O-(pnitrophenyl) ester

Pebulate (Carbamothioic acid, butylethyl-, S- propyl

ester)

Pentachlorobenzene (Benzene, pentachloro-)

Pentachlorodibenzo-p-dioxins

Pentachlorodibenzofurans

Pentachloroethane (Ethane, pentachloro-)

Pentachloronitrobenzene (PCNB) (Benzene, pentachloronitro-)

Pentachlorophenol (Phenol, pentachloro-)
Dangerous Waste Regulations 173-303-9905

(6/30/09) [Ch. 173-303 WACóp. 245]

Perchloromethyl mercaptan (Methanesulferryl chloride,

trichloro-)

Phenacetin (Acetamide, N-(4-ethoxyphenyl)-)

Phenol (Benzene, hydroxy-)

1,2-Phenylenediamine (1,2-Benzenediamine)

1,3-Phenylenediamine (1,3-Benzenediamine)

Phenylenediamine (Benzenediamine)

Phenylmercury acetate (Mercury, acetatophenyl-)

N-Phenylthiourea (Thiourea, phenyl-)

Phosgene (Carbonyl chloride)

Phosphine (Hydrogen phosphide)

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester (Phorate)

Phosphorothioic acid, O,O-dimethyl O-[p-((dimethylamino)sulfonyl)phenyl] ester (Famphur)

Phthalic acid esters, N.O.S.* (Benzene, 1,2-dicarboxylic

acid, esters, N.O.S.*

Phthalic anhydride (1,2-Benzenedicarboxylic acid anhydride)

Physostigmine (Pyrrolo[2,3-b]indol-5-01, 1,2,3,3a,8,8ahexahydro-1,3a,8-trimethyl-,methylcarbamate

(ester), (3aS-cis)-)

Physostigmine salicylate (Benzoic acid, 2-hydroxy-,

compd. with (3aS-cis) ó1,2,3,3a,8,8a-hexahydro1,3a,8-trimethylpyrrolo [2,3-b]indol-5-yl methylcarbamate ester (1:1).)

2-Picoline (Pyridine, 2-methyl-)

Polychlorinated biphenyl, N.O.S.*

Potassium cyanide

Potassium dimethyldithiocarbamate (Carbamodithioic

acid, dimethyl, potassium salt)

Potassium n-hydroxymethyl-n-methyl- dithiocarbamate

(Carbamodithioic acid, (hydroxymethyl)methyl-,

monopotassium salt)

Potassium n-methyldithiocarbamate (Carbamodithioic

acid, methyl- monopotassium salt)

Potassium pentachlorophenate (Pentachlorophenol,

potassium salt)

Potassium silver cyanide (Argentate(1-), dicyano-,

potassium)

Promecarb (Phenol, 3-methyl-5-(1-methylethyl)-,

methyl carbamate)

Pronamide (3,5-Dichloro-N-(1,1-dimethyl-2-propynyl)benzamide)

1,3-Propanesultone (1,2-Oxathiolane, 2,2-dioxide)

Propham (Carbamic acid, phenyl-, 1-methylethyl ester)

Propionic acid, 2-(2,4,5-trichlorophenoxy), salts and

esters (2,4,5-TP,Silvex, salts and esters)

Propoxur (Phenol, 2-(1-methylethoxy)-, methylcarbamate)

n-Propylamine (1-Propane)

Propylthiouracil (2,3 dihydro-6-propyl-2 thioxo-4(1H)-

pyrimidinone)

2-Propyn-1-ol (Propargyl alcohol)

Prosulfocarb (Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester)

Pyridine

Reserpine (Yohimban-16-carboxylic acid, 11,17-

dimethoxy-18-[(3,4,5-trimethoxybenxoyl)oxy]-,

methyl ester)

Resorcinol (1,3-Benzenediol)

Saccharin and salts (1,2-Benzoisothiazolin-3-one, 1,1-

dioxide, and salts)

Safrol (Benzene, 1,2-methylenedioxy-4-allyl-)

Selenious acid (Selenium dioxide)

Selenium and compounds, N.O.S.*

Selenium sulfide (Sulfur selenide)

Selenium, tetrakis (dimethyl-dithiocarbamate) (Carbamodithioic acid, dimethyl-, tetraanhydrosulfide with

orthothioselenious acid)

Selenourea (Carbamimidoselenoic acid)

Silver and compounds, N.O.S.*

Silver cyanide

Sodium cyanide

Sodium dibutyldithiocarbamate (Carbamodithioic acid,

dibutyl, sodium salt)

Sodium diethyldithiocarbamate (Carbamodithioic acid,

diethyl-, sodium salt)

Sodium dimethyldithiocarbamate (Carbamodithioic

acid, dimethyl-, sodium salt)

Sodium pentachlorophenate (Pentachlorophenol,

sodium salt)

Streptozotocin (D-Glucopyranose, 2-deoxy-2-(3-

methyl-3-nitrosoureido)-)

Strychnine and salts (Strychnidin-10-one, and salts)

Sulfallate (Carbamodithioic acid, diethyl-, 2-chloro-2-

propenyl ester)

Tetrabutylthiuram disulfide (Thioperoxydicarbonic diamide, tetrabutyl)

1,2,4,5-Tetrachlorobenzene (Benzene, 1,2,4,5-tetrachloro-)

Tetrachlorodibenzo-p-dioxins

Tetrachlorodibenzofurans

2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) (Dibenzop-dioxin, 2,3,7,8-tetrachloro-)

Tetrachloroethane, N.O.S.* (Ethane, tetrachloro-,

N.O.S.*)

1,1,1,2-Tetrachlorethane (Ethane, 1,1,1,2-tetrachloro-)

1,1,2,2-Tetrachlorethane (Ethane, 1,1,2,2-tetrachloro-)

Tetrachlorethylene (Ethene, 1,1,2,2-tetrachloro-)1

Tetrachloromethane (Carbon tetrachloride)

2,3,4,6-Tetrachlorophenol (Phenol,2,3,4,6-tetrachloro-)

2,3,4,6-Tetrachlorophenol, potassium salt

2,3,4,6-Tetrachlorophenol, sodium salt

Tetraethyldithiopyrophosphate (Dithiopyrophosphoric

acid, tetraethyl-ester)

Tetraethyl lead (Plumbane, tetraethyl-)

Tetraethylpyrophosphate (Pyrophosphoric acid, tetraethyl ester)

Tetramethylthiuram monosulfide (Bis(dimethylthiocarbamoyl) sulfide)

Tetranitromethane (Methane, tetranitro-)

Thallium and compounds, N.O.S.*

Thallic oxide (Thallium (III) oxide)

Thallium (1) acetate (Acetic acid, thallium (I) salt)

Thallium (I) carbonate (Carbonic acid, dithallium (I)

salt)

Thallium (I) chloride

Thallium (I) nitrate (Nitric acid, thallium (I) salt)

Thallium selenite

Thallium (I) sulfate (Sulfuric acid, thallium (I) salt)

Thioacetamide (Ethanethioamide)
173-303-9905 Dangerous Waste Regulations

[Ch. 173-303 WACóp. 246] (6/30/09)

Thiodicarb (Ethanimidothioic acid, N,N'-[thiobis

[(methylimino) carbonyloxy]] bis-, dimethyl ester.)

Thiophanate-methyl (Carbamic acid, [1,2-phyenylenebis

(iminocarbonothioyl)] bis-, dimethyl ester)

Thiosemicarbazide (Hydrazinecarbothioamide)

Thiourea (Carbamide thio-)

Thiuram (Bis(dimethylthioucarbamoyl) disulfide)

Tirpate (1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino) carbonyl] oxime.)

Toluene (Benzene, methyl-)

Toluenediamine, N.O.S. (Toluene, 2,5-diamine-)

2,4-Toluenediamine

2,6-Toluenediamine

3,4-Toluenediamine

o-Toluidine hydrochloride (Benzenamine, 2-methyl-,

hydrochloride)

Tolylene diisocyanate (Benzene, 2,4- and 2,6-

diisocyanato-methyl-)

Toxaphene (Camphene, octachloro-)

Triallate (Carbamothioic acid, bis(1-methylethyl)-, S-

(2,3,3-trichloro-2-propenyl) ester)

Tribromomethane (Bromoform)

1,2,4-Trichlorobenzene (Benzene, 1,2,4-trichloro-)

1,1,1-Trichloroethane (Methyl chloroform)

1,1,2-Trichloroethane (Ethane, 1,1,2-trichloro-)

Trichloroethene (Trichloroethylene)

Trichloromonofluoromethane (Methane, trichlorofluoro-)

2,4,5-Trichlorophenol (Phenol, 2,4,5-trichloro-)

2,4,6-Trichlorophenol (Phenol, 2,4,6-trichloro-)

2,4,5-Trichlorophenoxyacetic acid (2,4,5-T, salts and

esters) (Acetic acid, 2,4,5-trichlorophenoxy-, salts

and esters)

2,4,5-Trichlorophenoxypropionic acid (Porpionoic acid,

2-(2,4,5-trichlorophenoxyl), salts and esters (2,4,5-

TP, Silvex, salts and esters))

Trichloropropane, N.O.S.* (Propane, trichloro-, N.O.S.*

1,2,3-Trichloropropane (Propane, 1,2,3-trichloro-)

O,O,O-Triethyl phosphorothioate (Phosphorothioic

acid, O,O,O-triethyl ester)

Triethylamine (Ethanamine, N,N-diethyl-)

sym-Trinitrobenzene (Benzene, 1,3,5-trinitro-)

Tris(1-aziridinyl) phosphine sulfide (Phosphine sulfide,

tris(1-aziridinyl-)

Tris(2,3-dibromopropyl) phosphate (1-Propanol, 2,3-

dibromo-, phosphate)

Trypan blue (2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-

dimethyl(1,1'-biphenyl)-4,4'-diyl)bis(azo)]bis(5-

amino-4-hydroxy-, tetrasodium salt)

Undecamethylenediamine, N,N'-bis-(2-chloro-benzyl)-

,dihydrochloride N,N'-Undecamethyl-enebis(2-

chlorobenzylamine, dihydrochloride)

Uracil mustard (Uracil 5-[bis(2-chlorethyl)amino]-)

Vanadic acid, ammonium salt (ammonium vanadate)

Vanadium pentoxide (Vanadium (V) oxide)

Vernolate (Carbamothioic acid, dipropyl-,S-propyl

ester)

Vinyl chloride (Ethane, chloro-)

Warfarin (2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenylbutyl)-, when present at concentrations less than 0.3%)

Warfarin (2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-

oxo-1-phenylbutyl)-, when present at concentrations greater than 0.3%)

Warfarin salts, when present at concentrations less than

0.3%

Warfarin salts, when present at concentrations greater

than 0.3%

Zinc cyanide

Zinc phosphide

Ziram (Zinc, bis(dimethylcarbamodithioato-S,S')-, (T4)-)

* The abbreviation N.O.S. signifies those members of the general

class "not otherwise specified" by name in this listing.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105

(Order 07-12), ß 173-303-9905, filed 6/30/09, effective 7/31/09. Statutory

Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW

70.105.007. 04-24-065 (Order 03-10), ß 173-303-9905, filed 11/30/04,

effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW.

98-03-018 (Order 97-03), ß 173-303-9905, filed 1/12/98, effective 2/12/98;

95-22-008 (Order 94-30), ß 173-303-9905, filed 10/19/95, effective

11/19/95; 94-01-060 (Order 92-33), ß 173-303-9905, filed 12/8/93, effective

1/8/94. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-

24), ß 173-303-9905, filed 1/4/89; 87-14-029 (Order DE-87-4), ß 173-303-

9905, filed 6/26/87; 86-12-057 (Order DE-85-10), ß 173-303-9905, filed

6/3/86; 84-09-088 (Order DE 83-36), ß 173-303-9905, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023

(Order DE 81-33), ß 173-303-9905, filed 2/10/82.]

Reviserís note: The brackets and enclosed material in the text of the

above section occurred in the copy filed by the agency.
Dangerous Waste Regulations 173-303-9907

(6/30/09) [Ch. 173-303 WACóp. 247]

173-303-9906 WAC 173-303-9906 Special waste bill of lading.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), ß 173-303-9906, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-

33), ß 173-303-9906, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA ß 3006 (42 U.S.C.

3251). 91-07-005 (Order 90-42), ß 173-303-9906, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), ß 173-

303-9906, filed 6/26/87. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), ß 173-303-9906, filed 2/10/82.]

173-303-9907 WAC 173-303-9907 Reserved.

[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW

70.105.007. 00-11-040 (Order 99-01), ß 173-303-9907, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 94-

01-060 (Order 92-33), ß 173-303-9907, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3

and RCRA ß 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), ß 173-303-

9907, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105

RCW. 87-14-029 (Order DE-87-4), ß 173-303-9907, filed 6/26/87. Statutory

Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE

81-33), ß 173-303-9907, filed 2/10/82.]

SPECIAL WASTE

BILL OF LADING

EXAMPLE

1) Receiving Facility Name: phone:

Address: fax:

2) Customer Name: phone:

Address: fax:

3) Property Owner Name

 (where waste originated): phone:

Address: fax:

4) Hauler Name: phone:

Address: fax:

5) Consultant Name: phone:

Address: fax:

6) Amount of waste:

7) Original Location of Special Waste:

8) Activity Which Generated Waste:

9) Description of Waste. Include any Applicable Dangerous Waste Code:

10) Does Waste Have Potential to Create Fugitive Dust? Yes No 

If Yes, What is your Plan to Mitigate Dust?

11) Amount of wastes in pounds or tons:

SPECIAL WASTE WASTE ANALYSIS

Customer Must Initial the Appropriate Item.

 1. Wastes were designated through testing

 2. Wastes were designated by other means

Customer Certifies That:

1. The Waste sampled and intended for disposal under this Certification is special waste as defined in WAC 173-303-040.

2. The Waste has no free liquids per WAC 173-303-110 (3)(c)(i).

Signature Date