Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-600 - Final facility standards

Current through Register Vol. 24-14, July 15, 2024
Purpose, scope, and applicability.
(1) Final facility standards are established
			 in WAC 173-303-600 through
			 173-303-695,
			 and also include WAC
			 173-303-280
			 through
			 173-303-395.
			 Final facility standards are minimum statewide standards which describe the
			 acceptable management of dangerous waste.
(2) The final facility standards apply to
			 owners and operators of all facilities which treat, store or dispose of
			 dangerous waste, and which are not exempted by subsection (3) of this section.
			 Only permitted facilities which treat, store or dispose of dangerous waste and
			 owners or operators of a facility which recycles dangerous waste in compliance
			 with subsection (5) of this section can receive dangerous waste from off-site
			 sources, unless exempted by subsection (3) of this section.
(3) The final facility standards do not apply
			 to:
(a) Persons whose disposal activities are
			 permitted under the Marine Protection, Research and Sanctuaries Act, except
			 that storage, or treatment facilities where dangerous waste is loaded onto an
			 ocean vessel for incineration or disposal at sea are subject to final facility
			 standards;
(b) Persons whose
			 disposal activities are permitted under the underground injection control
			 program of the Safe Drinking Water Act, except that storage, or treatment
			 facilities needed to handle dangerous wastes are subject to final facility
			 standards;
(c) The owner or
			 operator of a POTW which treats, stores, or disposes of dangerous waste
			 provided they have a permit by rule pursuant to the requirements of WAC
			 173-303-802(4);
(d) A generator accumulating waste on site in
			 compliance with all applicable requirements in WAC
			 173-303-171,
			 173-303-172,
			 173-303-174,
			 173-303-200
			 and
			 173-303-201;
(e) The owner or operator of a facility which
			 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;
(f) A farmer disposing of waste pesticides
			 from their own use provided they comply with WAC
			 173-303-160(2)(b);
(g) A transporter storing a manifested
			 shipment of dangerous waste for ten days or less in accordance with WAC
			 173-303-240(6);
(h) 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;
(i) The owner or operator of a facility which
			 is in compliance with the interim status requirements of WAC
			 173-303-400
			 and
			 173-303-805,
			 until final administrative disposition of their final facility
			 permit;
(j) The owner or operator
			 of a totally enclosed treatment facility 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);
(k) 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 all applicable
			 requirements of WAC
			 173-303-200
			 and
			 173-303-201
			 for large quantity generators, WAC
			 173-303-172
			 for medium quantity generators, and WAC
			 173-303-395(1)(a) and
			 (b);
(l) The compaction or sorting 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 all applicable requirements of WAC
			 173-303-200
			 and
			 173-303-201
			 for large quantity generators, WAC
			 173-303-172
			 for medium quantity generators, and WAC
			 173-303-395(1)(a) and
			 (b);
(m) 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 the WAC
			 173-303-170(2)(b);
(n) The owner or operator of an elementary
			 neutralization unit or a wastewater treatment unit 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) and provided that if the owner or operator is diluting hazardous ignit-able
			 (D001) wastes (other than the D001 High TOC Subcate-gory 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);
(o) 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.
(i) Batteries as described in WAC
			 173-303-573(2);
(ii) Mercury-containing equipment as
			 described in WAC
			 173-303-573(3);
			 and
(iii) Lamps as described in WAC
			 173-303-573(5);
(p)
(i)
			 Except as provided in (p)(ii) of this subsection, a person engaged in treatment
			 or containment activities during immediate response to any of the following
			 situations:
(A) A discharge of a dangerous
			 waste;
(B) An imminent and
			 substantial threat of a discharge of dangerous waste;
(C) A discharge of a material that, when
			 discharged, becomes a dangerous waste;
(D) 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.
(ii) 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.
(iii) Any person who is covered by (p)(i) of
			 this subsection 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.
(iv) 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;
(q) WAC
			 173-303-578
			 identifies when the requirements of WAC 173-303-600 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;
(r) Reverse distributors
			 accumulating potentially creditable dangerous waste pharmaceuticals and
			 evaluated dangerous waste pharmaceuticals, as defined in WAC 173-303-555(1).
			 Reverse distributors are subject to regulation under WAC 173-303-555 in lieu of
			 this part for accumulation and management of potentially creditable dangerous
			 waste pharmaceuticals and evaluated dangerous waste
			 pharmaceuticals.