Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-691 - Air emission standards for equipment leaks

Current through Register Vol. 24-14, July 15, 2024
(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 C.F.R.
			 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
			 (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
			 (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 C.F.R.
			 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 C.F.R.
			 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 C.F.R.
			 264.1052 through
			 264.1065,
			 the owner or operator is subject to the requirements of  40 C.F.R. 265, Subpart
			 BB, which is incorporated by reference at WAC
			 173-303-400(3)(a).
(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 C.F.R.
			 264.1052 to
			 264.1060
			 if it is identified as required in
			 40 C.F.R.
			 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 C.F.R. Parts 264.1052 through 264.1060 if it is identified,
			 as required in  40 C.F.R. 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 C.F.R. Part 63, Subpart IIII, are not subject to the requirements
			 of this section.
Note:
The requirements of 40 C.F.R. 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.