Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-400 - Interim status facility standards

Current through Register Vol. 24-14, July 15, 2024
(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
			 C.F.R. 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 C.F.R. 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 C.F.R. Part 266, Subpart H);
(iii) The owner or operator of a POTW who
			 treats, stores, or disposes of dangerous wastes, provided that they have 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 they have a permit by rule pursuant to the requirements of WAC
			 173-303-802(5);
(v) Generators accumulating waste on site in
			 compliance with applicable conditions of WAC 173-303-171, 173-303-172,
			 173-303-174,
			 173-303-200
			 and
			 173-303-201;
(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
			 and
			 173-303-201
			 for large quantity generators or WAC 173-303-172 for medium quantity
			 generators, 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
			 and
			 173-303-201
			 for large quantity generators or WAC 173-303-172 for medium quantity generators
			 and WAC
			 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 WAC
			 173-303-170(2)(b);
(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 C.F.R. 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);
(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 their 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 173-303-171.
(xv) A farmer disposing of waste pesticides
			 from their own use provided they comply with WAC
			 173-303-160(2)(b).