Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-073 - Conditional exclusion of special wastes

Current through Register Vol. 24-14, July 15, 2024
(1) Purpose and applicability. 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. The definition for special waste is found in WAC
			 173-303-040.
(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(2)(b)
			 (v).
(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 off-site 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;
(iv) The transfer
			 station operator has informed workers of the wastes' potential hazard according
			 to (d) of this subsection; and
(v)
			 The waste is stored no more than thirty days at the transfer station, unless a
			 longer storage time is approved by the solid waste permitting
			 authority.
(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) If a special waste being offered for
			 transportation meets the definition of hazardous materials under 49 C.F.R.
			 Parts 171 through 180, then the generator must package, label, mark and placard
			 the shipment, and prepare the proper shipping papers in accordance with
			 applicable Department of Transportation regulations in 49 C.F.R. Parts 172
			 through 180;
(h) 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 with leachate collection is used
			 to meet the alternative design requirements of WAC
			 173-351-300, or
			 are permitted under WAC
			 173-303-800
			 through
			 173-303-840
			 or if out-of-state under  40 C.F.R. Part 258  or Part 270; and
(ii) Are not currently undergoing corrective
			 action under WAC
			 173-351-440(7),
			 40 C.F.R.
			 258.56, or a similar requirement in state
			 regulations approved by the United States EPA pursuant to
			 42 U.S.C.
			 6945(c)(1)(B).