Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-692 - Air emission standards for tanks, surface impoundments, and containers

Current through Register Vol. 24-14, July 15, 2024
(1)
Applicability.
(a) The
			 requirements of 40 C.F.R. 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 C.F.R. 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 on-site 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 C.F.R.
			 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 C.F.R. Part 264.1084(i), except as provided in  40 C.F.R. Part 264.1082
			 (c)(5).
(viii) A tank that has a
			 process vent as defined in  40 C.F.R. 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 C.F.R. 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 C.F.R. Part 265
			  Subpart CC, which is incorporated by reference at WAC
			 173-303-400(3)(a).
(d) The requirements of  40 C.F.R. Part 264
			  Subpart CC, except for the recordkeeping requirements specified in  40 C.F.R.
			 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 --O--O--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 C.F.R. Part
			 264.1089(i) explaining why an undue safety hazard would be created if air
			 emission controls specified in 40 C.F.R. Parts 264.1084 through 264.1087 are
			 installed and operated on the tanks and 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.