Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-670 - Incinerators

Current through Register Vol. 24-14, July 15, 2024
(1) Applicability.
(a) Except as WAC
			 173-303-600 provides otherwise,
			 the regulations in this section apply to owners and operators of facilities
			 that incinerate dangerous waste and to owners and operators who burn dangerous
			 waste in boilers or industrial furnaces in order to destroy them, or who burn
			 dangerous waste in boilers or in industrial furnaces for any recycling purpose
			 and elect to be regulated under this section.
(b)
Integration of the MACT
			 standards
.   40 C.F.R. part 63   subpart EEE is incorporated by reference
			 at WAC 173-400-075(5)(a).
			 Note that if you are subject to Part 63 you must get an air permit from ecology
			 or the local air authority.
(i) Except as
			 provided by (b)(ii) through (iv) of this subsection, the standards of this
			 section do not apply to a new dangerous waste incineration unit that becomes
			 subject to dangerous waste permit requirements after October 12, 2005; or no
			 longer apply when an owner or operator of an existing dangerous waste
			 incineration unit demonstrates compliance with the maximum achievable control
			 technology (MACT) requirements of 40 C.F.R. part 63, subpart EEE, by conducting
			 a comprehensive performance test and submitting to the department a
			 Notification of Compliance under
			 40 C.F.R.
			 63.1207(j) and
			 63.1210(b)
			 documenting compliance with the requirements of part 63, subpart EEE.
			 Nevertheless, even after this demonstration of compliance with the MACT
			 standards, dangerous waste permit conditions that were based on the standards
			 of this section will continue to be in effect until they are removed from the
			 permit or the permit is terminated or revoked, unless the permit expressly
			 provides otherwise.
(ii) The MACT
			 standards do not replace the closure requirements of WAC
			 173-303-610 or the applicable
			 requirements of WAC
			 173-303-280 through
			 173-303-395,
			 173-303-645,
			 173-303-610,
			 173-303-620,
			 173-303-691,
			 173-303-692, and
			 173-303-902.
(iii) The particulate matter standard of
			 subsection (4)(c)(ii) of this section remains in effect for incinerators that
			 elect to comply with the alternative to the particulate matter standard of
			 40 C.F.R.
			 63.1206(b)(14) and
			 63.1219(e).
(iv) The following requirements remain in
			 effect for startup, shutdown, and malfunction events if you elect to comply
			 with 40 C.F.R.
			 270.235(a)(1)(i), which is
			 incorporated by reference, to minimize emissions of toxic compounds from these
			 events:
(A) Subsection (6)(a) of this section
			 requiring that an incinerator operate in accordance with operating requirements
			 specified in the permit; and
(B)
			 Subsection (6)(c) of this section requiring compliance with the emission
			 standards and operating requirements during startup and shutdown if hazardous
			 waste is in the combustion chamber, except for particular hazardous
			 wastes.
(v) The
			 particulate matter standard of subsection (4) of this section remains in effect
			 for incinerators that elect to comply with the alternative to the particulate
			 matter standard of 40 C.F.R.
			 63.1206(b)(14) and
			 63.1219(e).
(c) The department may, in
			 establishing permit conditions, exempt the facility from all requirements of
			 this section except subsection (2) of this section, waste analysis, and
			 subsection (8) of this section, closure, if the department finds, after an
			 examination of the waste analysis included with Part B of the owner/operator's
			 permit application, that the waste to be burned:
(i)
(A) Is
			 either listed as a dangerous waste in WAC
			 173-303-080 only because it is
			 ignitable or, that the waste is designated only as an ignitable dangerous waste
			 under WAC
			 173-303-090; or
(B) Is either listed in WAC
			 173-303-080 or is designated
			 under WAC
			 173-303-090 solely because it is
			 reactive for the characteristics described in WAC
			 173-303-090(7)(a)(i), (ii), (iii), (vi), (vii) and
			 (viii), and will not be burned when other
			 dangerous wastes are present in the combustion zone; and
(ii) Contains none of the dangerous
			 constituents listed in WAC
			 173-303-9905 above significant
			 concentration limits; and
(iii) Is
			 not designated by the dangerous waste criteria of WAC
			 173-303-100.
(d) The owner or operator of an incinerator
			 may conduct trial burns, subject only to the requirements of WAC
			 173-303-807, trial burn
			 permits.