CERTIFICATION GUIDELINES

FINAL

November 1982

Department of Ecology

Hazardous Waste Section

Olympia, Washington
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TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . .

APPLYING FOR A CERTIFICATE . . . . . .

1. Submission of Application to the Department of

Ecology. . . . ..

2. Confidentiali ty. . .

ASSESSMENT OF THE APPLICATION

1. Completeness....

2. Assessment Process .

3. Generator's Compliance During Assessment

ISSUANCE OF CERTIFICATE. . . . . . . . . . .

1. Information to Appear on the Certificate

2. Determining Waste Status .

3. Certificate Conditions and Expiration Date

4. Generator's Compliance with the Certificate.

DENIAL OF CERTIFICATE ..

REVIEW OF CERTIFICATE ...

1. Review Process.

2. Review Triggers.

3. Generator Must Notify WDOE

4. Amending the Certificate.

5. Generator's Compliance After Amendment

WITHDRAWAL OF CERTIFICATE ...

1. Basis for Withdrawal .

2. Withdrawal Process ..

3. Generator's Compliance After Withdrawal.

EXPIRATION AND RENEWAL OF CERTIFICATE.

1. Generator Must Request Renewal .....

2. Renewal and Nonrenewal of Expiring Certificate

3. Generator's Compliance During Renewal and After

Expiration . . . . .

REVISION OF CERTIFICATION GUIDELINES

APPEAL OF DECISIONS .

APPENDIX . . . . . . . . . . . . .

1. CERTIFICATION FLOWCHART.

2. SAMPLE CERTIFICATE ...

3. TEXT OF WAC 173-303-075, CERTIFICATION OF

DESIGNATION . . . .. .

CERTIFICATE OF DESIGNATION APPLICATION

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I NTRODlJCT ION

The Certification Guidel.ines are published to implement WAC 173-

303-075, Certification of Designation, and are issued under the authority

of the Hazardous Waste Disposal Act. chapter 70.105 RCW. Application for

and renewal of Certificates of Designation is entirely voluntary. Generators of solid and dangerous wastes are no.!: required to obtain certificates.

The purpose of the Guidelines is to establish the procedures to be

followed by the public and the department for obtaining, maintaining,

and withdrawing a Certificate of Designation. This certificate, when

issued, will establish the appropriate designation status for a solid

waste described on the certificate. The intent of this process is to

provide waste generators with more certainty regarding their waste

designations. The certification process is also descrihed pictorially

in Appendix 1. Certification Flowchart.

Persons who wish to contact the department regarding certification,

including notification, application, questions, or comments, should use

the following address and telephone number:

Attn: Tom Cook, Chief

Hazardous Waste Section, PV-11

Department of Ecology

Olympia, Washington 98504

(206) 459-6301

APPLYfNG FOR A CERTIFICATE

1. Submission of Application to the Department. o~ Ecology

To apply for a Certificate of Designation, the generator of a waSLe

shall fill out and submit to the Department of Ecology (WDOE) the Certificate of Designation Application form provided in Appendix 4. The

generator should be as complete and accurate as possible and, whenever

he is unable to provide information requested on the form, he should indicate the reasons such information is not available.

After finishing the application, the generator must sign beneath

the verification statement at the end of the form to indicate that the

information he is submitting is, to the best of his knowledge, true,

accurate, and complete.

The generator may identify proprietary informat~on included in his

application as confidential provided that he indicates to WDOE the degree

of harm if the information were made public. Claims of confidentiality

must be substantiated at the time the application is submitted.

Confidential information will be treated i.n accordance with chapter 42.17 RCW and RCW 43.21A. 160. WCCE will determine if the generator's

claim of confidentiality meets the confidential information criteria.

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WDOE also reserves for i Lsel f the right Lo p r ov ide. co n tide nr LaL information to the U.S. Environmental Protection Agency as described in the

Interim and Final Authorization agreements between the state and federal

governments.

ASSESSMENT OF THE APPLICATION

1. Completeness

Upon receiving an application, WDOE will first determine whether or

not the app l.i ca t.i on is complete enough to accurately designate the waste

for which certification is sought. This determination will be based on

the adequacy of the information provided by the generator ill his application. WDOE may decide that additional information is necessary before

the generator's waste can be properly designated. If it is determined

that additional information is necessary, WDOE will ask the generator to

submit this information in writing (including test data developed pursuant

to WAC 173-303-070(4)). A Certificate of Designation cannot be issued

until it is determined that the application is complete.

2. Assessment Process

Once WDOE determines that an application for a Certificate of

Designation is complete and that adequate information exists to correctly

designate a waste, an assessment of the waste's status will be made and

a certificate will be issued or denied.

Within forty-five days of determining that an application is complete,

WDOE will notify the generator, in writing, of its intent to issue or

deny the certificate, and will inform the generator of the basis for

the decision. If a generator disagrees with WDOE's decision and feels

that the decision was made in error, he will have forty-five days after

being notified of the decision to provide in writing new data or evidence

which he believes will modify WDOE's decision. The new lnformation will

be considered and a final decision on whether to issue or deny the

certificate will be made based on the original and the new information.

If after forty-five days from being notified of WDOE's decision

the generator has not objected, or if the generator confirms in writing

to WDOE that he agrees with the decision ,. then WDOE w i 11 either issue

or deny the certificate in accordance with the initial decision.

3. Generator's Com~iance Durin~~essment

While WDOE is assessing an application for a certificate (including

requesting additional information), the generator must continue to

designate his waste in the manner described in WAC 173-303-070 through

173-303-103. Submission of an application does not eliminate any of his

responsibilities to handle his waste according to the requirements of

the Dangerous Waste Regulations, chapter 173-303 WAC.

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ISSUANCE OF CERTIFrCATE

1. Information to Appear on the Certificate

The following is the minimum information which will appear on a

Certificate of Designation:

a. The company name, address, telephone number, and EPA/State

Identi.fication Number (if generating designated dangerous

wastes) .

b. A statement of the waste status and reason for its status.

c. A description of the waste, including but not limited to:

the process or source of the waste; the physical nature

of the waste (liquid, solid, gas, color, odor, etc.);

the waste's generation quantity and rate; typical waste

containers; typical method of transport; and, when appropri~te, the name or names of sites approved for receiving

the waste.

d. The conditions applicable to the certified waste which

must be met for the certificate to remain valid or, when

necessary, the date on which the certificate will expire.

e. The date on which the certificate is issued.

f. The signature of the Director of WDOE, or his designee.

g. A Certificate of Designation number.

h. The following statement:

This Certificate of Designation is issued pursuant to

WAC 173-303-075 and app Li ca ti on for certificate number

The use of this certificate to designate or

not designate any waste other than that des c r i be d in

this certificate and the application may be a violation

of chapter 173-303 WAC.

A sample Certificate of Designation appears in Appendix 2.

~termining Waste Status

The waste status appearing on a Certificate of Designation describes

WlJOE's decision 011 how the waste is designated. This waste status can

be one of the following:

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a. Undesignated by WAC 173-303-080 through 173-303-090.

This indicates that the waste has been checked against

the lists (Discarded Chemical Products, Dangerous Waste

Sources, and Dangerous Waste Mixtures) and the Characteristics (Ignitability, Corrosivity, Reactivity, and EP

Toxici ty) and has be en determined to be undesignated.

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The waste wi l, 1 not b.. r e gu l.at e d under chapter 173-303 WAC ("t"'-

as long as the ce r t.Lf i ca t e is in effect, but will be subject

to state and tocaL solid waste regulations.

b. Undesignated by WAC 173-303-100 through 173-303-103.

This indicates that the waste has been checked against

the Criteria (Toxic Dangerous Wastes, Persistent Dangerous

Wastes, and Carcinogenic Dangerous Wastes) and the

Characteristics and has been determined to be undesignated. The waste wi 11 not be regulated under chapter

173-303 WAC as long as the certificate is in effect, but

will be subject to state and local solid waste regulations.

c. Designated by WAC 173-303-080 through 173-303-103. Th i s

indicates that the waste has been designated by the

Lists, Criteria, and/or Characteristics, and is thus

subject to regulation under chapter 173-303 WAC. A

designated waste will also be stated as either a dangerous

waste (OW) or an extremely hazardous waste (EHW).

Determination of the waste status witl be based on the information

provided to WDOE by the genera tor, and any other in fa rmat ion ava i.Lah l.e

to WDOE.

3. Certificate Conditions and Expiration Date

For most certificates, WDOE will establish specific conditions with

which the generator must comply for his certificate to remain valid. These

conditions will be established to assure that the waste for which the

certificate is issued continues to exhibit and be managed in accordance

with the waste's designation status. The conditions will also prOVide a

mechanism by which the generator will know whether or not his certificate

continues to be valid for his particular waste.

The generator will be responsible for checking his waste on a

regular basis to be certain that the conditions of the certificate are

being met. .Thi s way, his certificate will not be subject to frequent

renewal or withdrawal and modification.

In some cases, WDOE may determine that there is not enough information to establish conditions sufficient to ensure that a certificate can

remain indefinitely valid. WDOE may find that it will be necessary to

set a fixed duration for which the certificate is valid by establishing

an expiration date, after which time the certificate must be renewed or

else will automatically be invalid.

To determine expiration dates, WDOE will consider two general sources

of information as provided by the generator. First is data which shows

the waste to be constant over time. The generator will be asked to

demonstrate a low probability that his waste will change enough to affect

its designation status. This demonstration should focus on one of two

factors: either the process which generates the waste does not change

significantly over time, or; if the process does change, that these

changes will not affect the designation status of the waste.

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Second if; h i s t.or i ca l information which the geue r a t.o r can provide

and which demonstrates a definite time period during which the waste

generating process has remained essentially unchanged. The greater the

time period over. which this can be documented, then the longer the certificate duration is likely to b~.

When a Certificate of Designation is issued, WDOE will apprise the

generator of the conditions in his certificate, or else of the expiration

date which appears on his certificate. WDOE will also provide copies of

certificates, as they are issued, to the local health department or health

district in whose jurisdiction the generator is locaterl.

4. Generator's Compliance with the Certificate

Once a Certificate of Designation is issued, the generator shall

comply with the applicable requirements of chapter 173-303 WAC for the

particular waste status assigned to his waste. The certificate shall

remain in effect unless:

a. WDOE suspends part or all of the certificate during review

and amendment (see REVIEW OF CERTIFICATE).

b. WDOE withdraws the certificate (see WITHDRAWAL OF CERTIFICATE).

c. The certificate expires (see EXPIRATION AND RENEWAL OF CERTIFICATE) .

Failure to comply with the conditions or requirements of the

certificate shall be a basis to amend or withdraw the certificate.

DENIAL OF CERTIFICATE

WDOE shall deny an application for a Certificate of Designation if

the generator fails to provide the information required by WDOE, if the

information provided is inadequate for accurate waste designation, or,

when a ccrtificate expiration date is deemed necessary, if the generator

cannot demonstrate the constancy of his waste. The generator will be

subject to all applicable requirements of the Dangerous Waste Regulations,

chapter 173-303 WAC.

The ge ne r a t.o r may s uhrn i L a ne w application for a certificate to

WnOE at any time a ft e r his original appli.cation has been denied. He may

also appeal·WOOE's denial to the Washington State Po Ll ut i.on Control

Hea r i ugs Boar d .

REVIEW OF CERTIFICATE

1. Review Process

WDOE will periodically review a Certificate of Designation. There

a r e severa 1 actions. which WDOE may take in the event that a review of

a certificate ind i.ca t e s that i.t is no longer correct. These actions

are described more specifically below and include, but are not limited

to: amendment of the certificate; suspension of parts of the certificate; and withdrawal of the certificate.

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WDOE will only notify the generator that his certificate is being

reviewed if specific actions are taken to change or withdraw the certificate. The certificate will. remain in effect'while it is being reviewed

unless WDOE otherwise notifies the generator in writi.ng.

The followi.ng circumstances or a c t i.ous may t.ri gge r a revi.ew of a

certificate by WDOE:

a. New information on the waste which indicates that the waste

status (designation) as described in the certificate is not

correct.

b. Information which indicates that the waste has changed (e.g.,

been mixed with other dangerous wastes) or will change in a

way that affects the waste status, the conditions of the certificate, or the duration for which the certificate is valid.

c. Notification to WDOE by the generator that information on the

certificate has changed.

d. Upon request at any time by the generator.

3. Generator Must Notify WDOE

The generator must notify WDOE in writing as soon as he is aware

that any of the following changes have occurred or will occur:

a. Changes in the company's name, address, or telephone number

as they appear on the certificaLe.

b. Changes in the waste generati.ng process or process feed materials

which the generator suspects may affect the waste status or the

certificate conditions, or which may reduce the duration for

which the certificate is valid.

c. Changes in test data or in information regarding the chemical

constituents and concentrations in his waste if such changes

would affect the waste status or certificate conditions.

d. Changes in the physical nature of the waste.

e. Changes in the waste generation rate, either of quantity or

frequency, which would affect the waste status or certificate

conditions.

f. Changes i.n the type or types of containers, modes of transport,

or sites receiving the waste which are different from those

described on the certificate.

Failure by the generator to notify WDOE of these changes as soon as

he becomes aware of them may result in withdrawal of the certificate.

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When WDOE de t.e rrni ne s that the i.nformaLion 011 a ce r t i ficate is no

Longe r valid, WDOE will e ithe r issue a new ce rt i.f i ca t.e , o r wi t.hd r aw

the cur~ent ce~tificate.

During minor changes to the certificate which will not affect the

waste status or certificate duration, the ce r t i f i ca t e will r ernai n in

effect until the new certificate is issued to the gene r a t o r . Minor

changes will include, but not be limited to:

a. Changes of name, add r e s s , o r telephone number.

b. Changes of the waste description, unless changes in the waste's

generation quantity or rate will affect the waste status.

c. Changes to correct typographical e~ro~s in the ce~tjficate.

During major changes to the certificate which will affect the waste

status, conditions of the certificate, or certificate duration, WDOE may

suspend specific parts of the certificate. Specific pa~ts will be suspended if WDOE dete~mines that allowing them to remain in effect would

pose a threat to public health or the envi~onment. WDOE will notify the

generator in writing of the suspended pa~ts of his ce~tificate, the ~easons for suspension, the status (designation) of the gene~ator's waste

if affected by the suspension, and the responsibilities and applicable

r egul a t.o ry requirements to which the generator is subject during the

suspension. Unless otherwise stated in writing to the generator, the

suspension of parts of the certificate will remain in effect until the

new certificate is issued or until the old certificate is withdrawn.

WDOE will notify the generator in writing of any intended amendments

to his certificate. If there is an imminent threat to public health or

the environment, the amendment will go into effect immediately, and the

generator will be so notified. If there is no imminent threat, then the

generator will have forty-five days after WDOE's notification of amendment

to indicate in writing any objections he has to the amendment and to

substantiate his objections. Forty-five days after the notification of

amendment, WDOE will consider any new information which the generator

may have submitted, deter.mine the final amendments and i.ssue a new certificate or, if wa~ranted by new information, withdraw the certificate.

After his certificate has been amended ann a new certificate has

been i s s ue d to him, the gr-ne r a t o r must. r e t.u rn the old certificate to

WDOE. The generator is p r oh i b i t ed from us i ng r he old ce r t i fi ca t,e a f t e r

he has received the new, amended certificate. Use of the oLd certificate

after r e ce i pt, of the new, amended certificate will be considered as

grounds for withdrawal of the new certificate.

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WITHDRAWAL OF CERTIFICATE

J. Basis for Withdrawal

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The following specific circumstances or actions may form the basis

for withdrawing a certificate:

a. An imminent threat to public health or the environment.

b. Failure on the part of the generator to notify WDOE as required

under REVIEW OF CERTIFICATE, 3. ,Generator Must Notify WDOE.

c. Determination by WDOE that the generator has knowingly submitted

false or incorrect information.

d. Failure by the generator to comply with his certificate (including certificate conditions), or abuse of the certificate by

the generator.

e. Request by the gener.ator that WDOE withdraw his certi f i calc.

2. Withdrawal Process

When WDOE decides that a certificate should be withdrawn, the generator will be notified in writing of the decision and of the reasons for

the decision. If there is no imminent threat to public health or the

environment, then the generator will have forty-five days from the date

of the withdrawal notification to indicate in writing to WDOE any objections he might have and to substantiate his objections. Forty-five days

after the date of the withdrawal notification, WDOE will consider any

new information that has been received and make a final decision on

whether or not to withdraw the certificate. WDOE will notify the generator of the final decision in writing. If there is an imminent threat

to public health or the environment, then the certificate will be withdrawn immediately.

3. Generator's Compliance After Withdrawal

After a certificate is withdrawn, the generator is prohibited from

continuing to use his cer.tificate and he must return the certificate to

WDOE.

EXPIRATION AND RENEWAL OF CERTIFICATE

1. Generator Must R~est Renewal

Each Certificate of Designation for which an expiration date has

been established will expire on the date indicated in the certificate

unless the generator specifically requests in writing that WDOE renew

his certificate. The generator must submit his request at least fortyfive days prior to the certi f i ca t e expiration date. If the generator

does not suhmi t h is request in time I then he wi 11 have to submi l a new

certificate application a cco r d i ng Lo t.he procedures de s c r i be d under

APPLYING FOR A CERTIFICATE if he still wishes that his waste be certified.

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2. Renewal and Nonrenewal of Expiring Certificate

A request for the renewal of an expiring certificate will be considered in a manner similar to the procedures for assessing a certificate

application, except that the generator will not be required to submit a

new application. When considering a certificate for renewal, WDOE may

request additional information. WDOE will notify the generator of its

intent to either renew ur not renew the certificate within forty-five

days of receiving a request for renewal, or within forty-five days of

receiving any new information requested from the generator. WDOE will

determine whether or not to renew the certificate in the same manner as

described under ASSESSMENT OF THE APPLICATION, 2. Assessment Process.

If WDOE determines that a certificate will not be renewed, then the

generator will be notified in writing. Within forty-five days of this

notification the generator must indicate and substantiate any objections

in writing to WDOE. Forty-five days after the notification, WDOE will

consider any new information it has received and make a final decision

to either renew the certificate or allow it to expire.

If WDOE decides to renew the certificate, then either the expiration

date will be changed, or (if WDOE deems appropriate) certificate conditions

will be established, and a new certificate will be issued to the generator.

The new expiration date or certificate conditions will be determined on

the same basis as described under ISSUANCE OF CERTIFICATE, 3. Certificate

Conditions and Expiration Date. If, in the process of renewing the certificate, WDOE determines that the certificate should also be amended, the

certificate will first be renewed and issued to the generator, and it

will then be subjected to the procedures described under REVIEW OF CERTIFICATE.

3. Generator's Compliance During Renewal and After Expiration

While a certificate is being renewed by WDOE, the generator must

comply with his existing certificate. In the event that he is not issued

a new certificate until after the expiration date on the old certificate,

his old certificate shall remain in effect until the new certificate is

issued. When the generator receives his new certificate, he must return

the old certificate to WOOE.

Lf a certificate expires and WOOE will not be renewing the certi.ficate, then the generator must return the expired certificate to WOOE

and he is prohibited from continuing to use the expiied certificate.

REVISION OF CERTIFICATION GUIDELINES

Periodically, WOOE may revise these Ce r t i f i ca t i on Guidelines as

necessary to correct errors, clarify or modify procedures, or to include

additional requirements. Any person may request WDOE to revise these

Certification Guidelines by submitting a petition, stating the desired

revisions, in accordance with WAC 173-303-910(1) of the Dangerous Waste

Rf'gulaticins.

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WDOE will provide pub1 i c notice of proposed changes to these Ce r t L>

fication Guidelines and r.equest publ i c comment. If sufficient i.nter:esL

or concern exists, WDOE may hold a co n f e r e nce to consider oral comme ut s

on the proposed revisions hc(6re puhl ishing the revised guidelines.

APPEAL OF DECISIONS

Any person who wishes to modify WDOE's final decision may petition

WDOE in accordance with WAC 173-303-910(1). Any person who is adversely

affected by any final decision by WDOE under these Certification Guidelines may appeal the decision to the Washington State Pollution Control

Hearings Board in accordance with chapter 43.21B RCW.

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APPENDIX

1. Certification Flowchart

2. Sample Certificate

3. Text of WAC 173-303-075,

Certification of Designation

4. Certificate of Designation

Application

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APPENDIX 1. CERTIFICATION FLOWCHART

Application or

Reapp I i ca t ion

for Certification

Received bv WDOE

-.- WDOE llIay Require Generator

,WDOE Assessesl To Submit Additional

for Adequacy r- Information on Waste

t

WDOE Decides to WDOE Denies

•

Certificate;

Issue Certificate Generator may Reapply

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or Appeal Decision

Certificate Issued - Defines Waste Status, etc. ; - Generator Complies With

Certificate;

Generator may Appeal

Certificate Decision

y ~if 9

Review of Certificate t~drawal of Certificate Expiration of Certificate

(When Expiration Date , has been established)

WDOE will Review; WDOE may Withdraw WDOE may Allow Certificate

Generator Must Notify Certificate in Certain to Expire, or may Renew

~OE of Changes; Circumstances; Certificate at Request of

lWDoE may Amend or Generator may Reapply Generator;

~ithdraw Certificate or Appeal Decision Generator may Reapply if

I Waste Will be Different

Amends Withdraws I

Renews Expires

,11 ~Ir

Certificate Expires;

WDOE Will Assess Current Generator may Reapply

Certificate; or Anneal Decision

WDOE may Require Additional

Information from Generator

WDOE Denies -- fWDOE Decides to I

Isuance of - --. lIssue New Certificatei

New Certificate;

Generator may

Reapply or Appeal

Decision

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APPENDIX 2. SAMPLE CERTIFICATE

Certificate of Designation Number

Company Name

Address

Zip Telephone

EPA/State 10 # (Only if waste is designated)

Waste Status

Designated EHW/DW: Reason for Designation

Undesignated : Reason for Nondesignation

Waste Description(s) (May include multiple wastes on one Certificate)

Process or Source of Waste'

Physical Nature (Liquid, Solid, Gas: Slag, Sludge, Dust, etc.)

Generation Rate (Quantity/Frequency)

Type of Containers (Drum, Tank, etc.)

Mode of Tran~port (Flatbed, Tanker, Vacuum Truck, etc.)

Certificate Conditions or

Date Certificate Expires

Date Issued

Signature

Director/Designee

This Certificate of Designation is issued pursuant

to WAC 173-303-075 and application for certificate

number The use of this certificate to

designate or not designate any waste other than

that described in this certificate and the application may be a violation of chapter 173-303 WAC.

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Appendix 3

a p pLi c a t. Lon for d ce r t iti.c a te oL ,J.·,;igndtioll is

hy th.; CepdJ-t JJ('nt, t.h e person a p p l y i n rj f o r c o rt I>

w1.th all a p p Li c a b I e r o qu i r e e e n t n of this c h a p t e r

~!C 17)-303-075 CERTIFICATICN Or JESIGNATION. ( 1) PUL:?ose .:lOU

applicability.

(a) The purpose of WAC 173-303-075 is to establish p r o c e du r a s by

~hi~h the generator of a solid waste may apply to the ~epart@@nt for d

r u V 1. e w 0 f. his was t e , and f 0:: a d e t e r mi 0 at ion 0 f t!l e de $ i 'F ,1 t ion '0 f h i n

v a s t.e , when.:l final d e t e r a.i na t Lo n is aad e , the d e p a r t ae n t ~;hall iss'.l~

.. c e r t i f i c a t e of d e s i q n a t r o n which shall d e sc r i.be til~ st.:ltus of Ih~

'Je~eLator's waste with respe~t to the desi~oat~on requirements of thi::;

chap teL 173-303 WAC.

(b) The p r o v i s i.o n s of this section a r e applicable t.o .-loy I'l';r::;on

who produces a solid wast.", e n d who JJay h8 s'll:j~ct to th'~ L"quicements

of t b i.s chapter 173-303 .,:..c dS the Gen"';:'1t0[ 0:' a d a n c e r o u x waste.

(:?) Cel,titication. Any I'PLson'wno PI:•»Iu ce s it soil,l wa~;te1 v h i c h

c ou Ld be d du nq e r o us waste fhJy apply to th,> d e pa r t me n t , i.u a cc o r d a n c e

with the guidelin,'!s published pursuant to iHC 173-303-07';(11'), for a

ceLtificate of designation for his w'lste.

(d) The certificat~ of desLgnation will describe t.he status of

the designation for a waste or wastes as follolls:

(i) Eit her, the certificate IIill state that the waste or v a s t e s

listed in the certificate are designdted dangerous lIast0; or

(iil The certificate will state that the w'lste or lIastes li~ted

in the certificat8 are not desi~nated dangerous waste und8r the d@signation procedures of WAC 173'-303-080 through 173-303-090; or

(iii) 'i'he certificate lIill state that the waste or v a s t e s Li s t e d

in the certificate are not designat~d dangerous lIaste unceL the ~angerous Wast~ Criteria, WAC 173-303-100 through 173-303-103.

(b) The cer.tificate oE d e s i.q na t i o n will, .r t; a mi n i mu u ,

th~ following infarmation:

(i) The name, a dd r e s s , telephone number and, where applicable,

the EPA/St~te Identification Number of the person to IIhom the certifica t e is issued;

(ii) " ~;tat.",m ...nt of t!.e status o t the de s i.q n a t i on v o f the va s t c or

w.i r: t e s l r» t H cl i nthe c e r t, i f i c il t <:l ;

(,iii) A listiu,i of the wast.! or wastes for which the certificate

has b~en i~sued;

(iv) The s i q n a t.u re of the director or his d e s i q n e e :

(v) Th.1 Jate OIl which ti:e certificate lias issued; a n d

(vi) The pe r i.o d of time for which the c e r t i r Lca t e is va Li d ,

(c) Once a certificate oE designation has been issued t.o a person, t na t person is DO Lo n qe r subject to the desi'1oation p r o c e du r er: of

~AC 171-503-000 thcouyh 173-303-1a3, unless the peLiod of. time for

which the certificate is valid e x p i r e s , or the deprlrtme:1t v i t h d ia v s

its c o r t i f i c a t i.o n of cesignatioll in a cc o r d a n c o \lith ''';,;C 17J-,~03­

07')(5). It the c e r t i f i.c a t e states that the waste or W<iSLeS Li.s t e-I in

it arp. designated, then the person to whom the certificJte is is~ued

shall c o n p Ly with a l L applicable requ i r e a eu t s of this c va p t e r 173 -303

WAC. Tf the c~rtiricate states that the waste or wdstus listed in it

a re n o t ,)(.~~,il/n'lt'~,i, t h nn the p~rson 10 whom tr...' c e r t i f i ca t e i" is .u e d

i~; not ,;ul,j~ct to the l:e'iUireQl(·nt" of this c h a p t e r 171-303 WAC, unless

tl:.! ';"I,til:i,c'lte i'l-cornt's i n v a I i d DC the d o pe r t men t v i t h d ra v s its

c e CtiL j C" t i o n ,

(1I) Ii hi 1,1 .i n

pendiny fin,li clction

fication wust cow?ly

173- 30 3 \I AC-

(el ~hile 'I certificate of designation is being amended, in

accordance \lith WAC 173-303-075(5), the ceLtificate shall remain in

effect p.Acept fOL those parts of the certificate which the depart~ent

specificdlly suspends.

(3) Designation. Determination of the status of desi.gnation for

a waste or W<istes for \lhich a certificate of desigcation is being

souqbt shall follow the procedures set forth in this Faragraph, wAC

173-303-075(3) •

(a) A waste shall be certified ~s a dangerous waste if it is ~esignated uo1ec any of the methods set forth in WAC 173-303-080 through

173-303-103.

-14-
Appendix 3 (cont'd)

(b) A waste s h a Ll t:e c e r t i f i e d as not a daugerous waste if:

(i) It has only been checked against WAC 173-301-080 throuqh 17]-

303-090 ,... no it l:; n o t d",sil/lIdt",J; or

(ii) It hd:; been c:h",ckl·t! a q e i n s t the Dan'jernu~, 1I,1st,.' c r Lt c-vi a ,

',lAC '''J-.\03-100 t.h r o u c h 173-JO.l-10J, a nd it i5 no t '~esigQiit.eo.

(e) Th'~ final detel'mil,ation of the s t a t u s at rleslgndtian sh,ll! be

s t a t ec ill t~e cPLtifici\te of lh:si'Jnation, in ac co r d an c c v ir h ',i!.C i7J301-075 (2) (b) (ii), roc the va s t e 0L va s t e s Li s te d i n th~ c.:r:tific,\' e.

(4) At'? Li c.i ti o n ,

(el) \/itl,in o n-: hu n d r e d t ...enty d a y s of th.., eff':cti'/.; '~,lt(> o f the

chapter 173-3i)J \lAC, the department will publish q u i.d e Li n e s descri:'ing

h o v to apply for a certificate of designation. The C;"icclines c a a .he

obtai oed f.om the depart~ent after puhlication.

(lJ) The application guidelines, at a minimum, v i Ll, p r e s c r i.b e :

(i) s a s i c r:p.']uir·ements for i n f o r na t i.o n (e.g., t h e n an e , address

a u d telephone nu nb e r of the p e r s o n raakiny application, the "ast~ or

wastes [or which the certificate of designation i~ sought, and ~nch

other q e n e r a I .i n f o r raa t i on a s t111~ d e p a r t ce nt may r eq u i r o j :

(ii) Ddta n e c e s s a r y for: d e s i q ne t Lnq the v a s t o or wastes (e,g.,

names a n.l concent [<I ti,011S of chemical constituents i n ,1 v a s t o , if

known, (esult~ of any tests perfoLIJ~J on a waste, i,l1foL~ation (In the

processes which p r o du c e d a ...a s t e a n d itOY chemicals u s e-I in those "LOCl?~;Sf?S I t c . ) :

(i-ii) Su up Li n q ,HId t.o s t i nq p r oced u r e s , aod t,~2 c i r c unc t cuc e s

under which sam~lin~ and testing ... ill be required;

(Lv ) Such other information and peocedures as the d e p a r t ne n t; Clay

deem necessaey EOL the accurate designation of a wast~;

(v) ?rocedures aod forms foe submitting applications;

(vi) i'roceduces whict: the ,jepdLtr.t~Jlt IIi11 f o Ll o « in c o n s i d e r i n q

~~p1ications and d~t~r~inillg the stdtUS of ~~siyailtiu:&;

(vii) ?I:octdures (OL Ls s u i.nq certificates of ,Iesi<jlldt.i.on; ;In,1

(viii) ?rcc"dlll:e:j (O~ Levip'"il:Y c c r t iti c.r c i o n , ;)Ill':.iU.:ut to :IAC

173-303-07:> (5), i ncLuLi nq pl:oce,lllL',JS EOL -r ue ud a e u t 0.111-1 ... i t h d r a v.r L ')f.

ver t Lr Lc a t i o n,

(5) aev.Lew of certification.

(a) 'i'h e d ep e r t m-i n t will l'eLio-Ji,cdlly r e v i e v p,lcn r:',t:t.ifi,:at." of.

.<!<!:.;itjnation to i u su r o t h.i t it i.:; c ur r e n t -311,j .i c c u ra t r-Ly st.lt:),; \.!""

[,rol"-'[" d e s Lq u a t i.o n tl.)L' tl:~ v.i s t c o r W'i~t:~?" Li s t e I Inl lh,~ ~;~rt'jfi.c.Jt~J.

(L) The d e p.r r t rnen L If,ay tl,~f.:nd, ,)L" day Fi~L:;~.'n ...... r t h ,I F:,"I-titi:':.ltI1 t);.

{~f_'':'jir;J)~tioll :It,}'! r'~l.{Ul~~-~t. t h o :~')jllt:.I;:J'·lIt t.o dIJ'~l:t, .i n y ,"('Ltlli ...:.lt , ! ii,

t t:c.:: t-2v~nt. t h.i t, cll(1n~Jt·~s t o t:\t~ \:"r.tifi~dtt~ .i r > ll"-·'-~"'I "~:·Y t.~) k'~':"':J t r.

c u rre u t or ma i.rrt a i.u its .i c c u r o ... :y. :'!!,: t-''("~J:.:jJI\ ',Ii.i,L .J~)t- ::.11 ·::;IIClll·l.\llr.~:­

of t h e G'~i)i\ctlDent if he .l:~hcs to ,1lDend his c c r t i r ic.i t « to r"f~'!r:t.

c h a n q e s io the inEoL:tldtion ()11 lh02 c e r t i f i c a t e (',).'j., r.AlJ ;%1stes,

c b a n q e s in v a s t e p r op e r t i e s , c h a uq e s ot ad d r e s s , c t cc } .

(c) The d e pa r t ae n t L'c:'seL'I~S t:102 a u t b o r i t y to ... i.r.h d r a ... a n y c,~rtificate of designatio~ if theLC 5 cedson to believe t~~t the c0rti~icate results in a t h r e a t to nu b L c h e a Lt h OL the "lIvlro•.;n"'nt. if 'I

ceLti~icate is withdrawn, t~en be ~aste or wastes li~l~d o~ the ceLliticate s h a Ll, be s u a j e c t to all a pp Lica b Le requiLe'1lellt~, or t h i s C:\i?-

t.ee 173-303 WAC.

-15-

...?'.....,;.

;~'i~.,·

......../
APPENDIX 4

CERTIFICATE OF DESIGNATION APPLICATION

Attn: Hazardous Waste Section

Mail Stop PV-11

Department of Ecology

Olympia, Washington 98504

Telephone: (206) 459-6301

For WDOE Use Only

Applicat ion fI

Date Received

NOTE: Completion and submission of this application is entirely voluntary. WAC 173-303-075, Certification of Designation, and the

Certification Guidelines published thereunder set forth the

process by which a generator may request that the Department of

Ecology determine whether his solid waste is designated as

either dangerous (DW) , extremely hazardous (EHW) , or undesignated by chapter 173-303 WAC, Dangerous Waste Regulations. This

application form is to be used by any generator who wishes to

apply to the department for a certificate designating his waste.

The information provided by the generator on this form will be

used as the basis for deciding his waste's designation status.

The department may request additional information needed for

proper designation. If information is not adequate, the department will not issue a certificate of designation.

INSTRUCTIONS: Type or print application responses in ink and submit

the completed form to the address listed above. You should be

as accurate and thorough as possible in the information you

provide. After you have completed this form to the best of

your ability, sign and date it in the space provided on the

last page. Submission of false or incomplete information may

form the basis for certificate denial. Please provide a

separate application form for each waste for which -you are

requesting certification.

-16-
A. GENERATOR INFORMATION

Name

Address

Telephone

-

Name of Techni~al Contact Person

EPA/State Identification Number (if one has been issued)

B. BUSINESS DESCRIPTION

Give a general description of the type of business, type of products,

and the four digit Standard Industrial Classification (SrC) number

or numbers which best describe your business.

C. CURRENT WASTE MANAGEMENT

How is the waste typically packaged, and what Department of Transportation (DOT) labels, if any, are affixed to waste shipments?

How is the waste transported?

Where is the waste currently being sent and what type of management

(e.g., landfill, neutralization, treatment plant) is it undergoing?

D. WASTE QUANTITY

........

: .

What is the maximum quantity of

Pounds per month:

What is the average quantity of

Pounds per month:

How frequently do you generate

weekly, monthly, etc.)?

E. GENERAL WASTE DESCRIPTION

waste you

Pounds

waste you

Pounds

this waste

generate?

per year:

generate?

per year: __

(e.g., continuously,

I. Common waste name

2. Describe completely the process which generates the waste,

including the names of the primary raw chemicals used, any

waste mixing which occurs, and any in-line treatment or pretreatment the waste undergoes before discharge.

-17-
~.~ ~.-~...

3.

4.

5.

In what physical form does the waste normally occur? (Check

one) Sol i d Liquid __ Sludge __ Compressed Gas

What color or colors is the waste normally?

Describe any noxious odors or gases which the waste emits.

6. What is the waste density in:

Pounds per gallon __ AND Pounds per cubic foot

7. What is the general waste composition in percent by weight?

%Water %Organics % Inorganics

8. Is the waste currently designated as dangerous waste (DW)?

As extremely hazardous waste (EHW)? If yes, what

is its Dangerous Waste Number or numbers?

F. WASTE CHARACTERISTICS

Endrin

Lindane

Toxaphene

2,4-D

2,4,5-TP Silvex

Pb

Hg

Se

Ag

Does the waste have aflashpoint less than 140°F (60°C)?

If the waste is liquid or aqueous, what is its pH?

Is the waste explosive or unstable? Does it react

violently or form explosive mixtures with water? Does

it generate toxic fumes or gases when mixed with water, mild

acids or mild caustics?

If the waste has been tested against the Extraction Procedure (EP)

toxicity test, give concentrations in parts per million (PPM)

for the following:

As

Ba

Cd

Cr (VI)

Methoxychlor

1.

2.

3.

4.

G. SPECIFIC WASTE COMPOUNDS

For any chemical constituents known to be in the waste, list their

names and approximate concentration ranges. NOTE: You are not

required to test your waste for this information. Use any data

which you currently have available (e.g., previous tests, calculations, etc.).

H. WASTE TESTS

':.J

Describe below (or on a separate sheet) any tests which have been

performed on the waste, who perfor.med the tests, how samples for

testing were obtained, and who performed the waste sampling.

Include the final results of tests that were performed, the dates

on which the tests 'were made, and the dates on which samples were

obtained. Also, wherever appropriate, include statistical summaries,

mean values, and standard deviations. (Attach copies of any test

data sheets which are available for the waste and which would provide information useful for designation.) NOTE: This does not require

-18-
---~-------- ~---- -~-----~---- --- ----------~~y_r.--,l-----------

you to perform any new tests, this is only a request for any exist--

ing test data which you presently have. The department may, as part

of its request for additional information (if necessary), ask you

to perform certain tests on your waste to assure proper designation

and certification.

I. WASTE CONSTANCY

Describe below (or on a separate sheet) how long the waste has

been generated, how frequently the process which generates the

waste changes, and what the process changes are, and indicate any

future process changes which you expect will occur. NOTE: You

may wish to consult with the department to determine how best to

provide this information.

I certify under penalty of law that I have personally examined and am

familiar with the information submitted in this application and all

attached documents, and that, based on my inquiry of those individuals

immediately responsible for obtaining the information, I believe it to

be true, accurate, and complete.

"::<0-'

::.-~~..,-,

Generator's Signature

-19-

Date