Dangerous Waste Regulations Chapter 173-303 · Dangerous Waste Regulations Chapter 173-303...

Dangerous Waste Regulations

Chapter 173-303

Washington State Department of Ecology

Publication No. 92-91

Amended December 2014

Accommodation Requests: To request ADA accommodation including materials in a format for the visually impaired, call Ecology, 360-407-6700. Persons with impaired hearing may call Washington Relay Service at 711. Persons with speech disability may call TTY at 877-833-6341.

Publication Number: 15-04-007 1

Dangerous Waste Regulations

Hazardous Waste and Toxics Reduction Program January 2015

MORE INFORMATION

Ecology regularly amends the dangerous waste regulations to align with EPAs hazardous waste rules and maintain our authorization to implement these regulations. State-only rules are also updated as needed. Rulemaking documents are available at http://www.ecy.wa.gov/laws-rules/wac173303/1307.html. The adopted regulations are also available at http://apps.leg.wa.gov/wac/default.aspx?cite=173-303. If you have questions about dangerous waste management, contact your nearest regional office and ask for a hazardous waste specialist. Northwest (425) 649-7000

Southwest (360) 407-6300

Central (509) 575-2490

Eastern (509) 329-3400

Accommodation Requests

To request ADA accommodation including materials in a format for the visually impaired, call Ecology, 360-407-6700. Persons with impaired hearing may call Washington Relay Service at 711. Persons with speech disability may call TTY at 877-833-6341.

Highlights of the 2014 Amendments to the Dangerous Waste Regulations

Purpose of the Amendments

The Washington Department of Ecology (Ecology) adopted

amendments to the Dangerous Waste Regulations (Chapter 173-

303 WAC) December 18, 2014. The rules became effective

January 18, 2015.

The primary purpose of the rule revision was to incorporate

federal requirements into the states rules. Ecology is authorized

by the U. S. Environmental Protection Agency (EPA) to

implement the federal hazardous-waste rules in Washington. To

maintain our authorization, Ecology must periodically update the

rules by adopting new federal requirements. These changes

ensure Washington State is consistent with the federal hazardous

waste rules.

Other changes were made to update state-specific requirements,

including technical corrections and other improvements. The

Chemical Test Methods for Designating Dangerous Waste guidance

was also revised.

Federal Rules Adopted by the State

Standards for College and University Laboratories These rules provide an alternative, optional set of generator

requirements applicable to laboratories owned by or affiliated

with colleges and universities. Affiliated laboratories could

include art and photography schools, teaching hospitals, and

other off-campus research laboratories. These optional standards

provide flexible regulations specific to waste generation and

accumulation in laboratories at colleges and universities. One

benefit of the rule allows yearly clean out of laboratory

stockrooms without requiring the wastes to be counted toward

generator status determination.

http://www.ecy.wa.gov/laws-rules/wac173303/1307.htmlhttp://www.ecy.wa.gov/laws-rules/wac173303/1307.htmlhttp://apps.leg.wa.gov/wac/default.aspx?cite=173-303http://apps.leg.wa.gov/wac/default.aspx?cite=173-303http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-303http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=173-303https://fortress.wa.gov/ecy/publications/SummaryPages/97407.html

Publication Number: 15-04-007 2 Please reuse and recycle


Corrections to the Hazardous Waste Regulations

Several technical corrections or clarifications

were made as a result of corrections to the

federal hazardous waste regulations. These

changes relate to:

dangerous waste identification

manifesting

generator requirements

treatment, storage, and disposal facility standards

land disposal restrictions program

dangerous waste permit program

These changes correct existing errors that have

occurred over time, and include typographical

errors, incorrect outdated citations, and

omissions. Many of the corrections made by

EPA to the hazardous waste rules do not apply to

Washington State.

Revisions to Import and Export Regulations

Ecology adopted several changes to the federal

hazardous waste regulations regarding hazardous

waste exports and imports into the United States.

Specifically, the amendments:

Incorporate changes to international agreements on the transboundary movement

of hazardous waste among countries

belonging to the Organization for Economic

Cooperation and Development (OECD).

Establish notice and consent requirements for spent lead-acid batteries reclaimed overseas.

Require U.S. waste receiving facilities to match incoming hazardous waste import

shipments with EPA provided import consent

documentation and to submit this

documentation to EPA.

Removal of Saccharin as a Listed Dangerous Waste

Ecology followed EPAs lead by removing

saccharin and its salts from the lists of hazardous

constituents and commercial chemical products

in the dangerous waste regulations. Prior to

making its decision, EPA reviewed studies on

the carcinogenic and other potential toxicological

effects of saccharin and its salts. They also

assessed waste generation and management

information for saccharin and its salts. EPA

determined, and Ecology agrees, that saccharin

and its salts do not meet the criteria in the

hazardous waste regulations for being listed as

hazardous constituents, hazardous wastes, and

hazardous substances.

Hazardous Waste Manifest Printing Specifications

Ecology adopted a minor change to the

hazardous waste manifest regulations affecting

authorized printers of the manifest. This change

allows use of distinct printing colors or other

methods to distinguish the copy distribution

notations from the rest of the form.

Carbamate Wastes, Revision of Treatment Standards for Carbamate Wastes

This rule revises the land disposal restrictions

(LDR) treatment standards for discarded

hazardous wastes from the production of

carbamate chemical products. Previously under

the LDR program carbamate wastes had to meet

numeric concentration limits before they could

be land disposed. Due to lack of analytical

standards, laboratories had difficulty analyzing

carbamate wastes. With this rule, technology

based treatment methods can be use as an

alternative to the numeric limits. In addition,

carbamate hazardous constituents were removed

from the Universal Treatment Standards Table.

State-initiated Rule Amendments

State-initiated amendments consist of changes to

federal rules previously adopted, or are changes

to rules unique to Washington State, known as

state-only rules. This fact sheet does not list all

minor revisions, such as technical or

grammatical corrections, updated internal

references or clarifications.



Special Waste Rules Special wastes are state-only wastes (in solid

form only) considered lower risk than normal

dangerous waste. This rule change sets a time

limit of 30 days for special waste to be stored at

solid waste transfer stations. The 30 day limit

can be extended upon approval from the local

solid waste authority. An additional change notes

that some special waste may also be Department

of Transportation hazardous materials, subject to

DOT shipping requirements. WAC 173-303-073

Update References to Test Methods and Tank Standards

Several references to test methods and tank

guidance standards were updated to the latest

editions. WAC 173-303-110(3)(g)(ix), 173-303-

110(3)(h)(i), 173-303-110(3)(h)(vii), 173-303-

640(2)(c)(v)(B) Note, 173-303-640(4)(i)(iii)

Note, and 173-303-640(9)(b).

Electronic Submittal of Documents A 2012 Washington State law requires state

agencies to allow businesses to submit

documents and forms electronically. Several

dangerous waste rules were revised to allow

generators the option of electronically submitting

documents, which were previously required to be

submitted by mail. WAC 173-303-140

(4)(d)(iii), 173-303-335(4), 173-303-

400(3)(c)(vi)(B), 173-303-610(6), 173-303-

610(11), 173-303-810(14)(a)(i), 173-303-

830(4)(a)(i)(A)

Dangerous Waste Facilities Waste Acceptance

These changes clarify that anyone who accepts

dangerous waste from off-site must have a

Dangerous Waste permit or meet requirements

for a dangerous waste recycling facility. This is

not new, but previous rule language did not

explicitly state this requirement. A change in the

manifest system requirements also clarifies that

manifest regulations apply to owners and

operators of treatment, storage and disposal

facilities, as well as dangerous waste recyclers.

WAC 173-303-170(3), 173-303-370(1) and 173-

303-600(2)

Independent Qualified Registered Professional Engineer

These changes maintain consistency with other

dangerous waste regulatory requirements which

require independent qualified registered

professional engineers to certify certain

activities. The current changes ensure critical

work at hazardous waste facilities is properly

done. These changes require, in almost all cases,

that facilities use an independent professional

engineer for regulatory certifications of

permitted treatment, storage and disposal facility

construction projects. WAC 173-303-

200(1)(b)(iv), 173-303-200(4)(a)(iv)(A)(III),

173-303-400(3)(c)(xxii)(B), 173-303-64690,

173-303-650(4)(c), 173-303-650(5)(d)(ii)(B),

173-303-660(6)(e)(ii), 173-303-665(2)(a)(i),

173-303-806(4)(d)(v), 173-303-

806(4)(e)(iii)(A)(I), and 173-303-

806(4)(h)(ii)(A)(I).

Financial Assurance Rule Changes Several minor changes were made to the

financial assurance regulations, including:

Disallowing use of sibling companies in determining financial assurance costs for

closure cost estimates

Clarifying that financial assurance cost estimates must be in current dollars, and

net present value adjustments are not

allowed.

Companies using a financial test or corporate guarantee must now have a tangible net

worth of at least 25 million dollars in order to

use the financial test or corporate guarantee

option. This change was done to keep pace

with inflation.

Financial assurance liability minimums were raised to adjust for inflation. Liability

insurance covers bodily injury and property

damage, but does not cover costs of pollution

cleanup. WAC 173-303-620



Financial Assurance Rules for Corrective Action Sites

Ecology adopted financial assurance rules for

corrective action sites. These rules codify

guidance and past practice, and also mirror

existing financial assurance rules for closure/post

closure. WAC 173-303-620(11), 173-303-

64620(5).

Enforceable Documents in Lieu of a Post Closure Permit

Ecology adopted RCRA rules allowing interim

status facilities to use enforceable documents in

lieu of a post closure permit. Facilities that have

cleaned up pollution and undergone closure will

be allowed flexibility in using enforceable

documents, such as agreed orders or consent

decrees, and not be required to obtain a RCRA

post closure permit. WAC 173-303-

400(3)(c)(iii)(G), 173-303-645(1)(e), 173-303-

800(2), 173-303-806(4)(a), and 173-303-

806(4)(o).

P and U Lists Commercial Chemical Products Corrections

Several errors were corrected in the commercial

chemical products lists, including corrections to

chemical names, waste codes and Chemical

Abstract numbers. WAC 173-303-9903 and

9904.

Public Records Request Section Deleted

A section dealing with public records requests

was deleted. This rule was outdated and in

conflict with the Public Records Act. WAC 173-

303-905.

Chemical Test Methods Guidance Revisions

Chemical Test Methods guidance (publication

no. 97-407) was revised to clarify methods for

determining state-only persistence. EPA SW-846

Method 9076 was removed as a recommended

test for halogenated organic compounds. This

method was considered inadequate for

designation purposes because it only quantifies

half the chlorine, half the bromine, half the

iodine, and none of the fluorine. Also, it may

give false positive results because it detects

inorganic halides along with organic halides.

EPA method 9023 is now recommended for the

determination of total extractable organic

halides. Method 9056 (along with preparation

method 5050) continues to be a recommended

method for determining total halide

concentration. We also removed guidance on

designation that was inconsistent with the

dangerous waste regulations.

K181 Dyes and/or Pigments Production Wastes

In 2009 Ecology adopted this EPA rule for dyes

and or pigments production wastes. A clerical

error prevented the rule from being in effect and

usable. The error was corrected and the rule is

now in effect. WAC 173-303-9904.

National Environmental Performance Track Program (NEPT)

EPA terminated the NEPT program May 19,

2009, without any plans to reinstate it. Ecology

removed references to the program from our

dangerous waste regulations.

i

CHAPTER 173-303 WAC

DANGEROUS WASTE REGULATIONS December 2014 Edition

Introductory Regulations

WAC 173-303-010 Purpose. ................................................................................................ 3 -016 Identifying solid waste. ............................................................................................... 3 -017 Recycling processes involving solid waste. ................................................................ 5 -020 Applicability................................................................................................................. 7 -030 Abbreviations. ............................................................................................................. 7 -040 Definitions. .................................................................................................................. 7 -045 References to EPA's hazardous waste and permit regulations. ............................... 18 -050 Department of Ecology cleanup authority. ................................................................ 19 -060 Notification and identification numbers. .................................................................... 19

Dangerous Waste Designation

WAC 173-303-070 Designation of dangerous waste. ........................................................ 19 -071 Excluded categories of waste. .................................................................................. 22 -072 Procedures and bases for exempting and excluding wastes. ................................... 32 -073 Conditional exclusion of special wastes. .................................................................. 33 -075 Certification of designation. ...................................................................................... 34 -077 Requirements for universal waste. ........................................................................... 35 -080 Dangerous waste lists. ............................................................................................. 35 -081 Discarded chemical products. .................................................................................. 35 -082 Dangerous waste sources. ....................................................................................... 36 -083 Deletion of certain dangerous waste codes following equipment cleaning and replacement. ............................................................................................................. 36 -090 Dangerous waste characteristics. ............................................................................. 37 -100 Dangerous waste criteria. ......................................................................................... 39 -104 State-specific dangerous waste numbers. ................................................................ 41 -110 Sampling and testing methods. ................................................................................ 42

General Recycling Requirements

WAC 173-303-120 Recycled, reclaimed, and recovered wastes. ...................................... 44

Prohibitions and Restrictions

WAC 173-303-140 Land disposal restrictions.................................................................... 45 -141 Treatment, storage, or disposal of dangerous waste. .............................................. 49

ii

Spills and Division Dilution

WAC 173-303-145 Spills and discharges into the environment. ........................................ 49 -150 Division, dilution, and accumulation. ........................................................................ 50

Containers

WAC 173-303-160 Containers. .......................................................................................... 50 -161 Overpacked containers (labpacks). .......................................................................... 51

Generator Requirements

WAC 173-303-170 Requirements for generators of dangerous waste. ............................. 51 -180 Manifest. ................................................................................................................. 52 -190 Preparing dangerous waste for transport. ................................................................ 53 -200 Accumulating dangerous waste on-site. ................................................................... 54 -201 Special accumulation standards. .............................................................................. 56 -202 Special requirements for generators of between two hundred twenty and two thousand two hundred pounds per month that accumulate waste in tanks. ............. 57 -210 Generator recordkeeping. ......................................................................................... 58 -220 Generator reporting. ................................................................................................. 58 -230 Special conditions. ................................................................................................... 59 -235 Alternative requirements for eligible academic laboratories. .................................... 59

Transporter Requirements

WAC 173-303-240 Requirements for transporters of dangerous waste. ........................... 65 -250 Dangerous waste acceptance, transport, and delivery. ............................................ 67 -260 Transporter recordkeeping. ...................................................................................... 68 -270 Discharges during transport. .................................................................................... 68

General Treatment, Storage, and Disposal Facility (TSDF) Requirements

WAC 173-303-280 General requirements for dangerous waste management facilities. ... 68 -281 Notice of intent. ........................................................................................................ 70 -282 Siting criteria. ............................................................................................................ 72 -283 Performance standards. ........................................................................................... 76 -290 Required notices....................................................................................................... 76 -300 General waste analysis. ........................................................................................... 77 -310 Security. ................................................................................................................... 78 -320 General inspection. .................................................................................................. 79 -330 Personnel training..................................................................................................... 79 -335 Construction quality assurance program. ................................................................. 80 -340 Preparedness and prevention. ................................................................................. 80 -350 Contingency plan and emergency procedures. ........................................................ 81

iii

-355 Superfund Amendments and Reauthorization Act Title III Coordination .................. 82 -360 Emergencies. ........................................................................................................... 82 -370 Manifest system. ...................................................................................................... 83 -380 Facility recordkeeping. .............................................................................................. 85 -390 Facility reporting. ...................................................................................................... 88 -395 Other general requirements. ..................................................................................... 89

Interim Status TSDF Standards

WAC 173-303-400 Interim status facility standards. .......................................................... 91

Specific Recycling Requirements

WAC 173-303-500 Recycling requirements for state-only dangerous wastes. .................. 94 -505 Special requirements for recyclable materials used in a manner constituting disposal. ................................................................................................................... 96 -506 Special requirements for the recycling of spent CFC or HCFC refrigerants. ............ 96 -510 Special requirements for dangerous wastes burned for energy recovery. ................ 97 -515 Standards for the management of used oil. ............................................................. 99 -520 Special requirements for reclaiming spent lead acid battery wastes. ..................... 101 -522 Special requirements for recycling spent antifreeze. .............................................. 102 -525 Special requirements for recyclable material utilized for precious metal recovery. ................................................................................................................. 103

Universal Waste

WAC 173-303-573 Standards for universal waste management. .................................... 104

Military Munitions

WAC 173-303-578 Military munitions. (See 693) ............................................................. 112

Final Status TSDF Requirements

WAC 173-303-600 Final facility standards....................................................................... 114 -610 Closure and postclosure. ........................................................................................ 115 -620 Financial requirements. .......................................................................................... 122 -630 Use and management of containers. ..................................................................... 127 -640 Tank systems. ........................................................................................................ 128 -645 Releases from regulated units. ............................................................................... 135 -646 Corrective action. .................................................................................................... 143 -64610 Purpose and applicability. ..................................................................................... 143 -64620 Requirements. ....................................................................................................... 143 -64630 Use of the Model Toxics Control Act. .................................................................... 145

iv

-64640 Grandfathered corrective action management units (CAMUs).............................. 145 -64650 Corrective action management unit (CAMU). ....................................................... 146 -64660 Designation of a corrective action management unit. ........................................... 147 -64670 Incorporation of a regulated unit within a CAMU. .................................................. 150 -64680 Temporary units (TUs). ......................................................................................... 150 -64690 Staging piles. ........................................................................................................ 151 -646910 Disposal of CAMU-eligible wastes into permitted hazardous waste landfills ..... 151 -646920 Disposal of CAMU-eligible wastes into permitted hazardous waste landfills

located outside Washington. ............................................................................. 152 -650 Surface impoundments. ......................................................................................... 152 -655 Land treatment. ...................................................................................................... 156 -660 Waste piles. ............................................................................................................ 161 -665 Landfills. ................................................................................................................. 165 -670 Incinerators. ............................................................................................................ 168 -675 Drip pads. ............................................................................................................... 171 -680 Miscellaneous units. ............................................................................................... 174 -690 Air emission standards for process vents. .............................................................. 175 -691 Air emission standards for equipment leaks. .......................................................... 175 -692 Air emission standards for tanks, surface impoundments, and containers ............ 176 -693 Dangerous waste munitions and explosives storage. ............................................. 177 -695 Containment buildings. ........................................................................................... 178

Extremely Hazardous Waste TSDF Requirements at Hanford

WAC 173-303-700 Requirements for the Washington State extremely hazardous waste management facility at Hanford. ............................................. 178

Permits

WAC 173-303-800 Permit requirements for dangerous waste management facilities..... 179 -801 Types of dangerous waste management facility permits. ....................................... 180 -802 Permits by rule........................................................................................................ 181 -803 Permit application requirements. ............................................................................ 182 -804 Emergency permits. ................................................................................................ 183 -805 Interim status permits. ............................................................................................ 184 -806 Final facility permits. ............................................................................................... 186 -807 Trial burns for dangerous waste incinerator final facility permits. ........................... 199 -808 Demonstrations for dangerous waste land treatment final facility permits. ............. 202 -809 Research, development, and demonstration permits. ............................................ 203 -810 General permit conditions....................................................................................... 204 -811 Permits for boilers and industrial furnaces burning hazardous waste. ................... 207 -830 Permit changes. ..................................................................................................... 208 -840 Procedures for decision making. ............................................................................ 220 -841 Integration with maximum achievable control technology (MACT) standards. ....... 222

v

Appeal of Decision

WAC 173-303-845 Appeal of decision. ............................................................................ 223

Public Involvement

WAC 173-303-900 Public involvement and participation. ................................................ 223 -902 Citizen/proponent negotiations. .............................................................................. 223 -910 Petitions. ............................................................................................................... 227

Violations and Special Powers

WAC 173-303-950 Violations and enforcement. .............................................................. 230 -960 Special powers and authorities of the department. ................................................ 230

Appendices

WAC 173-303-9903 Discarded chemical products list. ..................................................... 230 -9904 Dangerous waste sources list. ................................................................................ 248 -9905 Dangerous waste constituents list. ......................................................................... 258 -9906 Special waste bill of lading. .................................................................................... 264

Chapter 70.105 RCW Hazardous Waste Management

Index

(12/18/14) [Ch. 173-303 WAC p. 1]

Chapter 173-303 Chapter 173-303 WACDANGEROUS WASTE REGULATIONS

WAC 173-303-010 Purpose.173-303-016 Identifying solid waste.173-303-017 Recycling processes involving solid waste.173-303-020 Applicability.173-303-030 Abbreviations.173-303-040 Definitions.173-303-045 References to EPA's hazardous waste and permit regula-

tions.173-303-050 Department of ecology cleanup authority.173-303-060 Notification and identification numbers.173-303-070 Designation of dangerous waste.173-303-071 Excluded categories of waste.173-303-072 Procedures and bases for exempting and excluding

wastes.173-303-073 Conditional exclusion of special wastes.173-303-075 Certification of designation.173-303-077 Requirements for universal waste.173-303-080 Dangerous waste lists.173-303-081 Discarded chemical products.173-303-082 Dangerous waste sources.173-303-083 Deletion of certain dangerous waste codes following

equipment cleaning and replacement.173-303-090 Dangerous waste characteristics.173-303-100 Dangerous waste criteria.173-303-102 Reserved.173-303-104 State-specific dangerous waste numbers.173-303-110 Sampling, testing methods, and analytes.173-303-120 Recycled, reclaimed, and recovered wastes.173-303-140 Land disposal restrictions.173-303-141 Treatment, storage, or disposal of dangerous waste.173-303-145 Spills and discharges into the environment.173-303-150 Division, dilution, and accumulation.173-303-160 Containers.173-303-161 Overpacked containers (labpacks).173-303-170 Requirements for generators of dangerous waste.173-303-180 Manifest.173-303-190 Preparing dangerous waste for transport.173-303-200 Accumulating dangerous waste on-site.173-303-201 Special accumulation standards.173-303-202 Special requirements for generators of between two

hundred twenty and two thousand two hundred pounds per month that accumulate dangerous waste in tanks.

173-303-210 Generator recordkeeping.173-303-220 Generator reporting.173-303-230 Special conditions.173-303-235 Alternative requirements for eligible academic laborato-

ries.173-303-240 Requirements for transporters of dangerous waste.173-303-250 Dangerous waste acceptance, transport, and delivery.173-303-260 Transporter recordkeeping.173-303-270 Discharges during transport.173-303-280 General requirements for dangerous waste management

facilities.173-303-281 Notice of intent.173-303-282 Siting criteria.173-303-283 Performance standards.173-303-290 Required notices.173-303-300 General waste analysis.173-303-310 Security.173-303-320 General inspection.173-303-330 Personnel training.173-303-335 Construction quality assurance program.173-303-340 Preparedness and prevention.173-303-350 Contingency plan and emergency procedures.173-303-355 Superfund Amendments and Reauthorization Act Title

III coordination.173-303-360 Emergencies.173-303-370 Manifest system.173-303-380 Facility recordkeeping.173-303-390 Facility reporting.173-303-395 Other general requirements.173-303-400 Interim status facility standards.

173-303-500 Recycling requirements for state-only dangerous waste.173-303-505 Special requirements for recyclable materials used in a

manner constituting disposal.173-303-506 Special requirements for the recycling of spent CFC or

HCFC refrigerants.173-303-510 Special requirements for dangerous wastes burned for

energy recovery.173-303-515 Standards for the management of used oil.173-303-520 Special requirements for reclaiming spent lead acid bat-

tery wastes.173-303-522 Special requirements for recycling spent antifreeze.173-303-525 Special requirements for recyclable material utilized for

precious metal recovery.173-303-573 Standards for universal waste management.173-303-578 Military munitions.173-303-600 Final facility standards.173-303-610 Closure and post-closure.173-303-620 Financial requirements.173-303-630 Use and management of containers.173-303-640 Tank systems.173-303-645 Releases from regulated units.173-303-646 Corrective action.173-303-64610 Purpose and applicability.173-303-64620 Requirements.173-303-64630 Use of the Model Toxics Control Act.173-303-64640 Grandfathered corrective action management units

(CAMUs).173-303-64650 Corrective action management unit (CAMU).173-303-64660 Designation of a corrective action management unit.173-303-64670 Incorporation of a regulated unit within a CAMU.173-303-64680 Temporary units (TUs).173-303-64690 Staging piles.173-303-646910 Disposal of CAMU-eligible wastes into permitted dan-

gerous waste landfills.173-303-646920 Disposal of CAMU-eligible wastes into permitted haz-

ardous waste landfills located outside Washington.173-303-650 Surface impoundments.173-303-655 Land treatment.173-303-660 Waste piles.173-303-665 Landfills.173-303-670 Incinerators.173-303-675 Drip pads.173-303-680 Miscellaneous units.173-303-690 Air emission standards for process vents.173-303-691 Air emission standards for equipment leaks.173-303-692 Air emission standards for tanks, surface impound-

ments, and containers.173-303-693 Dangerous waste munitions and explosives storage.173-303-695 Containment buildings.173-303-700 Requirements for the Washington state extremely haz-

ardous waste management facility at Hanford.173-303-800 Permit requirements for dangerous waste management

facilities.173-303-801 Types of dangerous waste management facility permits.173-303-802 Permits by rule.173-303-803 Permit application requirements.173-303-804 Emergency permits.173-303-805 Interim status permits.173-303-806 Final facility permits.173-303-807 Trial burns for dangerous waste incinerator final facility

permits.173-303-808 Demonstrations for dangerous waste land treatment

final facility permits.173-303-809 Research, development and demonstration permits.173-303-810 General permit conditions.173-303-811 Permits for boilers and industrial furnaces burning haz-

ardous waste.173-303-815 Facility-specific permit conditions.173-303-830 Permit changes.173-303-840 Procedures for decision making.173-303-841 Integration with maximum achievable control technol-

ogy (MACT) standards.173-303-845 Appeal of decision.173-303-900 Public involvement and participation.

Chapter 173-303 Dangerous Waste Regulations

[Ch. 173-303 WAC p. 2] (12/18/14)

173-303-902 Citizen/proponent negotiations.173-303-910 Petitions.173-303-950 Violations and enforcement.173-303-960 Special powers and authorities of the department.173-303-9901 Reserved.173-303-9903 Discarded chemical products list.173-303-9904 Dangerous waste sources list.173-303-9905 Dangerous waste constituents list.173-303-9906 Special waste bill of lading.

DISPOSITION OF SECTIONS FORMERLYCODIFIED IN THIS CHAPTER

173-303-084 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 94-01-060 (Order 92-33), 173-303-084, filed 12/8/93, effective 1/8/94. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40C.F.R. Part 271.3 and RCRA 3006 (42 U.S.C. 3251).WSR 91-07-005 (Order 90-42), 173-303-084, filed3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 87-14-029 (Order DE-87-4), 173-303-084, filed 6/26/87; WSR 86-12-057 (Order DE-85-10), 173-303-084, filed 6/3/86; WSR 84-09-088(Order DE 83-36), 173-303-084, filed 4/18/84. Statu-tory Authority: RCW 70.95.260 and chapter 70.105RCW. WSR 82-05-023 (Order DE 81-33), 173-303-084, filed 2/10/82.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-101 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 94-01-060 (Order 92-33), 173-303-101, filed 12/8/93, effective 1/8/94. StatutoryAuthority: Chapter 70.105 RCW. WSR 87-14-029(Order DE-87-4), 173-303-101, filed 6/26/87; WSR86-12-057 (Order DE-85-10), 173-303-101, filed6/3/86; WSR 84-09-088 (Order DE 83-36), 173-303-101, filed 4/18/84. Statutory Authority: RCW 70.95.260and chapter 70.105 RCW. WSR 82-05-023 (Order DE81-33), 173-303-101, filed 2/10/82. Formerly chapter173-302 WAC.] Repealed by WSR 15-01-123 (Order13-07), filed 12/18/14, effective 1/18/15. StatutoryAuthority: Chapter 70.105 RCW.

173-303-103 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 94-01-060 (Order 92-33), 173-303-103, filed 12/8/93, effective 1/8/94. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40C.F.R. Part 271.3 and RCRA 3006 (42 U.S.C. 3251).WSR 91-07-005 (Order 90-42), 173-303-103, filed3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 87-14-029 (Order DE-87-4), 173-303-103, filed 6/26/87; WSR 84-14-031 (Order DE 84-22), 173-303-103, filed 6/27/84. Statutory Authority:RCW 70.95.260 and chapter 70.105 RCW. WSR 82-05-023 (Order DE 81-33), 173-303-103, filed 2/10/82.]Repealed by WSR 15-01-123 (Order 13-07), filed12/18/14, effective 1/18/15. Statutory Authority: Chap-ter 70.105 RCW.

173-303-121 Reserved. [Statutory Authority: Chapter 70.105 RCW.WSR 86-12-057 (Order DE-85-10), 173-303-121,filed 6/3/86; WSR 84-09-088 (Order DE 83-36), 173-303-121, filed 4/18/84.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-130 Containment and control of infectious wastes. [Statu-tory Authority: Chapter 70.105 RCW and RCW70.95.260. WSR 82-05-023 (Order DE 81-33), 173-303-130, filed 2/10/82.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-275 Transfer facilities (or collection facilities). [StatutoryAuthority: Chapter 70.105 RCW and RCW 70.95.260.WSR 82-05-023 (Order DE 81-33), 173-303-275,filed 2/10/82.] Repealed by WSR 84-14-031 (Order DE84-22), filed 6/27/84. Statutory Authority: Chapter70.105 RCW.

173-303-284 Notice of intent. [Statutory Authority: Chapter 70.105RCW. WSR 88-07-039 (Order 87-37), 173-303-284,filed 3/11/88.] Repealed by WSR 88-18-083 (Order 88-29), filed 9/6/88. Statutory Authority: Chapter 70.105RCW.

173-303-285 Location standards. [Statutory Authority: Chapter70.105 RCW. WSR 88-07-039 (Order 87-37), 173-303-285, filed 3/11/88.] Repealed by WSR 88-18-083

(Order 88-29), filed 9/6/88. Statutory Authority: Chap-ter 70.105 RCW.

173-303-286 Performance standards. [Statutory Authority: Chapter70.105 RCW. WSR 88-07-039 (Order 87-37), 173-303-286, filed 3/11/88.] Repealed by WSR 88-18-083(Order 88-29), filed 9/6/88. Statutory Authority: Chap-ter 70.105 RCW.

173-303-420 Siting standards. [Statutory Authority: Chapter 70.105RCW. WSR 88-18-083 (Order 88-29), 173-303-420,filed 9/6/88; WSR 88-07-039 (Order 87-37), 173-303-420, filed 3/11/88; WSR 87-14-029 (Order DE-87-4), 173-303-420, filed 6/26/87. Statutory Authority: RCW70.105.200 through 70.105.270. WSR 87-03-014(Order 86-37), 173-303-420, filed 1/13/87. StatutoryAuthority: Chapter 70.105 RCW. WSR 84-09-088(Order DE 83-36), 173-303-420, filed 4/18/84.]Repealed by WSR 90-20-016, filed 9/21/90, effective10/22/90. Statutory Authority: RCW 43.21A.080 and70.105.210, et seq.

173-303-430 Reserved. [Statutory Authority: Chapter 70.105 RCW.WSR 88-07-039 (Order 87-37), 173-303-430, filed3/11/88; WSR 84-09-088 (Order DE 83-36), 173-303-430, filed 4/18/84.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-440 Reserved. [Statutory Authority: Chapter 70.105 RCW.WSR 88-07-039 (Order 87-37), 173-303-440, filed3/11/88; WSR 84-09-088 (Order DE 83-36), 173-303-440, filed 4/18/84.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-550 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 95-22-008 (Order 94-30), 173-303-550, filed 10/19/95, effective 11/19/95. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40C.F.R. Part 271.3 and RCRA 3006 (42 U.S.C. 3251).WSR 91-07-005 (Order 90-42), 173-303-550, filed3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 89-02-059 (Order 88-24), 173-303-550, filed 1/4/89; WSR 87-14-029 (Order DE-87-4), 173-303-550, filed 6/26/87; WSR 84-09-088(Order DE 83-36), 173-303-550, filed 4/18/84.]Repealed by WSR 15-01-123 (Order 13-07), filed12/18/14, effective 1/18/15. Statutory Authority: Chap-ter 70.105 RCW.

173-303-560 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 95-22-008 (Order 94-30), 173-303-560, filed 10/19/95, effective 11/19/95. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40C.F.R. Part 271.3 and RCRA 3006 (42 U.S.C. 3251).WSR 91-07-005 (Order 90-42), 173-303-560, filed3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 88-18-083 (Order 88-29), 173-303-560, filed 9/6/88; WSR 88-07-039 (Order 87-37), 173-303-560, filed 3/11/88; WSR 87-14-029 (OrderDE-87-4), 173-303-560, filed 6/26/87; WSR 84-09-088 (Order DE 83-36), 173-303-560, filed 4/18/84.]Repealed by WSR 15-01-123 (Order 13-07), filed12/18/14, effective 1/18/15. Statutory Authority: Chap-ter 70.105 RCW.

173-303-575 Reserved. [Statutory Authority: Chapter 70.105 RCW.WSR 84-09-088 (Order DE 83-36), 173-303-575,filed 4/18/84. Statutory Authority: Chapter 70.105RCW and RCW 70.95.260. WSR 82-05-023 (Order DE81-33), 173-303-575, filed 2/10/82.] Repealed byWSR 15-01-123 (Order 13-07), filed 12/18/14, effective1/18/15. Statutory Authority: Chapter 70.105 RCW.



173-303-901 Response to requests for public records. [StatutoryAuthority: Chapter 70.105 RCW. WSR 88-07-039(Order 87-37), 173-303-901, filed 3/11/88.] Repealed

Dangerous Waste Regulations 173-303-016

(12/18/14) [Ch. 173-303 WAC p. 3]

by WSR 88-18-083 (Order 88-29), filed 9/6/88. Statu-tory Authority: Chapter 70.105 RCW.

173-303-905 Response to requests for public records. [StatutoryAuthority: Chapters 70.105 and 70.105D RCW. WSR95-22-008 (Order 94-30), 173-303-905, filed10/19/95, effective 11/19/95. Statutory Authority:Chapter 70.105 RCW. WSR 88-18-083 (Order 88-29), 173-303-905, filed 9/6/88.] Repealed by WSR 15-01-123 (Order 13-07), filed 12/18/14, effective 1/18/15.Statutory Authority: Chapter 70.105 RCW.

173-303-9902 Reserved. [Statutory Authority: Chapters 70.105 and70.105D RCW. WSR 09-14-105 (Order 07-12), 173-303-9902, filed 6/30/09, effective 7/31/09. StatutoryAuthority: Chapter 70.105 RCW. WSR 86-12-057(Order DE-85-10), 173-303-9902, filed 6/3/86. Statu-tory Authority: Chapter 70.105 RCW and RCW70.95.260. WSR 82-05-023 (Order DE 81-33), 173-303-9902, filed 2/10/82.] Repealed by WSR 15-01-123(Order 13-07), filed 12/18/14, effective 1/18/15. Statu-tory Authority: Chapter 70.105 RCW.

173-303-9907 Reserved. [Statutory Authority: Chapters 70.105,70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), 173-303-9907, filed 5/10/00,effective 6/10/00. Statutory Authority: Chapters 70.105and 70.105D RCW. WSR 94-01-060 (Order 92-33), 173-303-9907, filed 12/8/93, effective 1/8/94. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40C.F.R. Part 271.3 and RCRA 3006 (42 U.S.C. 3251).WSR 91-07-005 (Order 90-42), 173-303-9907, filed3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 87-14-029 (Order DE-87-4), 173-303-9907, filed 6/26/87. Statutory Authority: RCW70.95.260 and chapter 70.105 RCW. WSR 82-05-023(Order DE 81-33), 173-303-9907, filed 2/10/82.]Repealed by WSR 15-01-123 (Order 13-07), filed12/18/14, effective 1/18/15. Statutory Authority: Chap-ter 70.105 RCW.

173-303-010WAC 173-303-010 Purpose. This regulation imple-ments chapter 70.105 RCW, the Hazardous Waste Manage-ment Act of 1976 as amended, and implements, in part, chap-ters 70.105A, 70.105D, and 15.54 RCW, and Subtitle C ofPublic Law 94-580, the Resource Conservation and Recov-ery Act, which the legislature has empowered the departmentto implement. The purposes of this regulation are to:

(1) Designate those solid wastes which are dangerous orextremely hazardous to the public health and environment;

(2) Provide for surveillance and monitoring of dangerousand extremely hazardous wastes until they are detoxified,reclaimed, neutralized, or disposed of safely;

(3) Provide the form and rules necessary to establish asystem for manifesting, tracking, reporting, monitoring,recordkeeping, sampling, and labeling dangerous andextremely hazardous wastes;

(4) Establish the siting, design, operation, closure, post-closure, financial, and monitoring requirements for danger-ous and extremely hazardous waste transfer, treatment, stor-age, and disposal facilities;

(5) Establish design, operation, and monitoring require-ments for managing the state's extremely hazardous wastedisposal facility;

(6) Establish and administer a program for permittingdangerous and extremely hazardous waste management facil-ities; and

(7) Encourage recycling, reuse, reclamation, and recov-ery to the maximum extent possible.[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW70.105.007. WSR 04-24-065 (Order 03-10), 173-303-010, filed 11/30/04,effective 1/1/05; WSR 00-11-040 (Order 99-01), 173-303-010, filed

5/10/00, effective 6/10/00. Statutory Authority: Chapter 70.105 RCW. WSR86-12-057 (Order DE-85-10), 173-303-010, filed 6/3/86; WSR 84-09-088(Order DE 83-36), 173-303-010, filed 4/18/84. Statutory Authority: Chap-ter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), 173-303-010, filed 2/10/82. Formerly WAC 173-302-010.]

173-303-016WAC 173-303-016 Identifying solid waste. (1) Pur-pose and applicability.

(a) The purpose of this section is to identify those mate-rials that are and are not solid wastes.

(b)(i) The definition of solid waste contained in this sec-tion applies only to wastes that also are dangerous for pur-poses of the regulations implementing chapter 70.105 RCW.For example, it does not apply to materials (such as nondan-gerous scrap, paper, textiles, or rubber) that are not otherwisedangerous wastes and that are recycled.

(ii) This section identifies only some of the materialswhich are solid wastes and dangerous wastes under chapter70.105 RCW. A material which is not defined as a solidwaste in this section, or is not a dangerous waste identified orlisted in this section, is still a solid waste and a dangerouswaste for purposes of these sections if reason and authorityexists under chapter 70.105 RCW and WAC 173-303-960.Within the constraints of chapter 70.105 RCW, this includesbut is not limited to any material that: Is accumulated, used,reused, or handled in a manner that poses a threat to publichealth or the environment; or, due to the dangerous constitu-ent(s) in it, when used or reused would pose a threat to publichealth or the environment.

(c) Certain materials are solid wastes but are excludedfrom the requirements of this chapter by WAC 173-303-071and 173-303-073.

(2) The following terms are used and have the meaningsas defined in WAC 173-303-040:

(a) Boiler(b) By-product(c) Incinerator(d) Industrial furnace(e) Reclaim(f) Recover(g) Recycle(h) Used or reused (see reuse or use)(i) Sludge(j) Scrap metal(k) Spent material(l) Excluded scrap metal(m) Processed scrap metal(n) Home scrap metal(o) Prompt scrap metal(3) Definition of solid waste.(a) A solid waste is any discarded material that is not

excluded by WAC 173-303-017(2) or that is not excluded byvariance granted under WAC 173-303-017(5).

(b) A discarded material is any material that is:(i) Abandoned, as explained in subsection (4) of this sec-

tion; or(ii) Recycled, as explained in subsection (5) of this sec-

tion; or(iii) Considered inherently waste-like, as explained in

subsection (6) of this section. Persons registering micronutri-ent or waste-derived fertilizers under chapter 15.54 RCWmust submit information required by the department to indi-

Note: The terms public health and human health are used in this chap-ter interchangeably.

173-303-016 Dangerous Waste Regulations

[Ch. 173-303 WAC p. 4] (12/18/14)

cate compliance with this chapter. The required minimuminformation is described in WAC 173-303-505; or

(iv) A military munition identified as a solid waste atWAC 173-303-578(2).

(4) Materials are solid waste if they are abandoned bybeing:

(a) Disposed of; or(b) Burned or incinerated; or(c) Accumulated, stored, or treated (but not recycled)

before or in lieu of being abandoned by being disposed of,burned, or incinerated.

(5) Materials are solid wastes if they are recycledoraccumulated, stored, or treated before recyclingas speci-fied in (a) through (d) of this subsection.

(a) Used in a manner constituting disposal. Materialsnoted with a "*" in column 1 of Table 1 are solid wastes whenthey are:

(i)(A) Applied to or placed on the land in a manner thatconstitutes disposal; or

(B) Used to produce products that are applied to orplaced on the land or are otherwise contained in products thatare applied to or placed on the land (in which cases the prod-uct itself remains a solid waste).

(ii) However, commercial chemical products listed inWAC 173-303-9903 or which exhibit any of the criteria orcharacteristics listed in WAC 173-303-090 or 173-303-100are not solid wastes if they are applied to the land and that istheir ordinary manner of use.

(b) Burning for energy recovery. Materials noted with a"*" in column 2 of Table 1 are solid wastes when they are:

(i) Burned to recover energy;(ii) Used to produce a fuel or are otherwise contained in

fuels (in which cases the fuel itself remains a solid waste).However, commercial chemical products listed in WAC

173-303-9903 or which exhibit any of the criteria or charac-teristics listed in WAC 173-303-090 or 173-303-100 are notsolid wastes if they are themselves fuels.

(c) Reclaimed. Materials noted with a "*" in column 3 ofTable 1 are solid wastes when reclaimed.

(d)(i) Accumulated speculatively. Materials noted with a"*" in column 4 of Table 1 are solid wastes when accumu-lated speculatively.

(ii) A material is "accumulated speculatively" if it isaccumulated before being recycled. A material is not accu-mulated speculatively, however, if the person accumulating itcan show that the material is potentially recyclable and has afeasible means of being recycled; and thatduring the calen-dar year (commencing on January 1)the amount of mate-rial that is recycled, or transferred to a different site for recy-cling, equals at least seventy-five percent by weight or vol-ume of the amount of that material accumulated at thebeginning of the period. In calculating the percentage of turn-over, the seventy-five percent requirement is to be applied toeach material of the same type (e.g., slags from a singlesmelting process) that is recycled in the same way (i.e., fromwhich the same material is recovered or that is used in thesame way). Materials accumulating in units that would beexempt from regulation under WAC 173-303-071 (3)(n) arenot to be included in making the calculation. (Materials thatare already defined as solid wastes also are not to be includedin making the calculation.) Materials are no longer in this cat-

egory once they are removed from accumulation for recy-cling, however.

TABLE 1

(6) Inherently waste-like materials. The following mate-rials are solid wastes when they are recycled in any manner:

(a) Dangerous Waste Nos. F020, F021 (unless used as aningredient to make a product at the site of generation), F022,F023, F026, and F028.

(b) Secondary materials fed to a halogen acid furnacethat exhibit a characteristic of a dangerous waste or are listedas a dangerous waste as defined in WAC 173-303-090 or173-303-080 through 173-303-082, except for brominatedmaterial that meets the following criteria:

(i) The material must contain a bromine concentration ofat least 45%; and

(ii) The material must contain less than a total of 1% oftoxic organic compounds listed in WAC 173-303-9905; and

(iii) The material is processed continually on-site in thehalogen acid furnace via direct conveyance (hard piping).

(c) The department will use the following criteria to addwastes to (a) of this subsection:

(i)(A) The materials are ordinarily disposed of, burned,or incinerated; or

(B) The materials contain toxic constituents listed inWAC 173-303-9905 and these constituents are not ordinarilyfound in raw materials or products for which the materialssubstitute (or are found in raw materials or products insmaller concentrations) and are not used or reused during therecycling process; and

Use constituting

disposalWAC

173-303-016 (5)(a)

Energyrecovery/

fuelWAC

173-303-016 (5)(b)

ReclamationWAC

173-303-016 (5)(c)

Speculativeaccumulation

WAC173-303-

016 (5)(d)Spent materials (*) (*) (*) (*)Commercial chemical products (*) (*) By-products listed in WAC 173-303-9904 (*) (*) (*) (*)Sludges listed in WAC 173-303-9904 (*) (*) (*) (*)By-products exhibiting a characteristic1 or criteria2 (*) (*) (*)Sludges exhibiting a characteristic1 or criteria2 (*) (*) (*)Scrap metal that is not excluded under WAC 173-303-071 (3)(ff)

(*) (*) (*) (*)

Note: The terms "spent materials," "sludges," "by-products," "scrap metal" and "processed scrap metal" are defined in WAC 173-303-040.

1 The characteristics of dangerous waste are described in WAC 173-303-090.

2 The dangerous waste criteria are described in WAC 173-303-100.


(12/18/14) [Ch. 173-303 WAC p. 5]

(ii) The material may pose a substantial hazard to humanhealth or the environment when recycled.

(7) Documentation of claims that materials are not solidwastes or are conditionally exempt from regulation. Respon-dents in actions to enforce regulations implementing chapter70.105 RCW who raise a claim that a certain material is not asolid waste, or is conditionally exempt from regulation, mustdemonstrate that there is a known market or disposition forthe material, and that they meet the terms of the exclusion orexemption. In doing so, they must provide appropriate docu-mentation (such as contracts showing that a second personuses the material as an ingredient in a production process) todemonstrate that the material is not a waste, or is exemptfrom regulation. In addition, owners or operators of facilitiesclaiming that they actually are recycling materials must showthat they have the necessary equipment to do so.[Statutory Authority: Chapter 70.105 RCW. WSR 15-01-123 (Order 13-07), 173-303-016, filed 12/18/14, effective 1/18/15. Statutory Authority: Chap-ters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040(Order 99-01), 173-303-016, filed 5/10/00, effective 6/10/00. StatutoryAuthority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), 173-303-016, filed 10/19/95, effective 11/19/95; WSR 94-01-060(Order 92-33), 173-303-016, filed 12/8/93, effective 1/8/94. StatutoryAuthority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part 271.3 andRCRA 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), 173-303-016, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105RCW. WSR 86-12-057 (Order DE-85-10), 173-303-016, filed 6/3/86;WSR 84-14-031 (Order DE 84-22), 173-303-016, filed 6/27/84.]

173-303-017WAC 173-303-017 Recycling processes involvingsolid waste. (1) The purpose of this section is to identifythose materials that are and are not solid wastes when recy-cled. Certain materials, as described in subsection (2) of thissection, would not typically be considered to involve wastemanagement and are exempt from the requirements of thischapter. All recycling processes not exempted by subsection(2) of this section are subject to the recycling requirements ofWAC 173-303-120.

(2) General categories of materials that are not solidwaste when recycled.

(a) Except as provided in subsection (3) of this section,materials are not solid wastes when they can be shown to berecycled by being:

(i) Used or reused as ingredients in an industrial processto make a product provided the materials are not beingreclaimed; or

(ii) Used or reused as effective substitutes for commer-cial products; or

(iii) Returned to the original process from which they aregenerated, without first being reclaimed or land disposed.The material must be returned as a substitute for feedstockmaterials. In cases where the original process to which thematerial is returned is a secondary process, the materials mustbe managed such that there is no placement on the land.

(b) Except as provided in subsection (3) of this section,the department has determined that the following materialswhen used as described are not solid wastes:

(i) Pulping liquors (e.g., black liquor) that are reclaimedin a pulping liquor recovery furnace and then reused in thepulping process;

(ii) Spent pickle liquor which is reused in wastewatertreatment at a facility holding a national pollutant discharge

elimination system (NPDES) permit, or which is being accu-mulated, stored, or treated before such reuse;

(iii) Spent sulfuric acid used to produce virgin sulfuricacid.

(3) The following materials are solid wastes, even if therecycling involves use, reuse, or return to the original process(as described in subsection (2)(a) of this section):

(a) Materials used in a manner constituting disposal, orused to produce products that are applied to the land; or

(b) Materials burned for energy recovery, used to pro-duce a fuel, or contained in fuels; or

(c) Materials accumulated speculatively as defined inWAC 173-303-016 (5)(d)(ii); or

(d) Materials listed in WAC 173-303-016(6); or(e) Any materials that the department determines are

being accumulated, used, reused or handled in a manner thatposes a threat to public health or the environment.

(4) Documentation of claims that materials are not solidwastes or are conditionally exempt from regulation. Respon-dents in actions to enforce regulations implementing chapter70.105 RCW who raise a claim that a certain material is not asolid waste, or is conditionally exempt from regulation, mustdemonstrate that there is a known market or disposition forthe material, and that they meet the terms of the exclusion orexemption. In doing so, they must provide appropriate docu-mentation (such as contracts showing that a second personuses the material as an ingredient in a production process) todemonstrate that the material is not a waste, or is exemptfrom regulation. In addition, owners or operators of facilitiesclaiming that they actually are recycling materials must showthat they have the necessary equipment to do so.

(5) Variances from classification as a solid waste.(a) In accordance with the standards and criteria in (b) of

this subsection and the procedures in subsection (7) of thissection, the department may determine on a case-by-casebasis that the following recycled materials are not solidwastes:

(i) Materials that are accumulated speculatively withoutsufficient amounts being recycled (as defined in WAC 173-303-016 (5)(d)(ii));

(ii) Materials that are reclaimed and then reused withinthe original production process in which they were generated;

(iii) Materials that have been reclaimed but must bereclaimed further before the materials are completely recov-ered;

(iv) State-only dangerous materials (not regulated ashazardous wastes (defined in WAC 173-303-040) by EPA)which serve as an effective substitute for a commercial prod-uct or raw material.

(b) Standards and criteria for variances from classifica-tion as a solid waste.

(i) The department may grant requests for a variancefrom classifying as a solid waste those materials that areaccumulated speculatively without sufficient amounts beingrecycled if the applicant demonstrates that sufficient amountsof the material will be recycled or transferred for recycling inthe following year. If a variance is granted, it is valid only forthe following year, but can be renewed, on an annual basis,by filing a new application. The department's decision will bebased on the following criteria:


[Ch. 173-303 WAC p. 6] (12/18/14)

(A) The manner in which the material is expected to berecycled, when the material is expected to be recycled, andwhether this expected disposition is likely to occur (forexample, because of past practice, market factors, the natureof the material, or contractual arrangements for recycling);

(B) The reason that the applicant has accumulated thematerial for one or more years without recycling seventy-fivepercent of the volume accumulated at the beginning of theyear;

(C) The quantity of material already accumulated and thequantity expected to be generated and accumulated before thematerial is recycled;

(D) The extent to which the material is handled to mini-mize loss;

(E) Other relevant factors.(ii) The department may grant requests for a variance

from classifying as a solid waste those materials that arereclaimed and then reused as feedstock within the originalproduction process in which the materials were generated ifthe reclamation operation is an essential part of the produc-tion process. This determination will be based on the follow-ing criteria:

(A) How economically viable the production processwould be if it were to use virgin materials, rather thanreclaimed materials;

(B) The extent to which the material is handled beforereclamation to minimize loss;

(C) The time periods between generating the materialand its reclamation, and between reclamation and return tothe original primary production process;

(D) The location of the reclamation operation in relationto the production process;

(E) Whether the reclaimed material is used for the pur-pose for which it was originally produced when it is returnedto the original process, and whether it is returned to the pro-cess in substantially its original form;

(F) Whether the person who generates the material alsoreclaims it;

(G) Other relevant factors.(iii) The department may grant requests for a variance

from classifying as a solid waste those materials that havebeen reclaimed but must be reclaimed further before recoveryis completed if, after initial reclamation, the resulting mate-rial is commodity-like (even though it is not yet a commercialproduct, and has to be reclaimed further). This determinationwill be based on the following factors:

(A) The degree of processing the material has undergoneand the degree of further processing that is required;

(B) The value of the material after it has been reclaimed;(C) The degree to which the reclaimed material is like an

analogous raw material;(D) The extent to which an end market for the reclaimed

material is guaranteed;(E) The extent to which the reclaimed material is han-

dled to minimize loss;(F) Other relevant factors.(iv) The department may grant requests for a variance

from classifying as a solid waste those materials that serve asan effective substitute for a commercial product or raw mate-rial, when such material is not regulated as hazardous waste(defined in WAC 173-303-040) by EPA, if the materials are

recycled in a manner such that they more closely resembleproducts or raw materials rather than wastes. This determina-tion will be based on the following factors:

(A) The effectiveness of the material for the claimed use;(B) The degree to which the material is like an analogous

raw material or product;(C) The extent to which the material is handled to mini-

mize loss or escape to the environment;(D) The extent to which an end market for the reclaimed

material is guaranteed;(E) The time period between generating the material and

its recycling;(F) Other factors as appropriate.(6) Variance to be classified as a boiler.In accordance with the standards and criteria in WAC

173-303-040 (definition of "boiler"), and the procedures insubsection (7) of this section, the department may determineon a case-by-case basis that certain enclosed devices usingcontrolled flame combustion are boilers, even though they donot otherwise meet the definition of boiler contained in WAC173-303-040, after considering the following criteria:

(a) The extent to which the unit has provisions for recov-ering and exporting thermal energy in the form of steam,heated fluids, or heated gases; and

(b) The extent to which the combustion chamber andenergy recovery equipment are of integral design; and

(c) The efficiency of energy recovery, calculated interms of the recovered energy compared with the thermalvalue of the fuel; and

(d) The extent to which exported energy is utilized; and(e) The extent to which the device is in common and cus-

tomary use as a "boiler" functioning primarily to producesteam, heated fluids, or heated gases; and

(f) Other factors, as appropriate.(7) Procedures for variances from classification as a

solid waste or to be classified as a boiler.The department will use the following procedures in

evaluating applications for variances from classification as asolid waste or applications to classify particular enclosedcontrolled flame combustion devices as boilers:

(a) The applicant must apply to the department for thevariance. The application must address the relevant criteriacontained in subsections (5)(b) or (6) of this section.

(b) The department will evaluate the application andissue a draft public notice tentatively granting or denying theapplication. Notification of this tentative decision will be pro-vided by newspaper advertisement and radio broadcast in thelocality where the recycler is located. The department willaccept comment on the tentative decision for thirty days, andmay also hold a public hearing upon request or at its discre-tion. The department will issue a final decision after receiptof comments and after the hearing (if any).[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105(Order 07-12), 173-303-017, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), 173-303-017, filed 1/12/98, effective 2/12/98; WSR95-22-008 (Order 94-30), 173-303-017, filed 10/19/95, effective 11/19/95.Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 C.F.R. Part271.3 and RCRA 3006 (42 U.S.C. 3251). WSR 91-07-005 (Order 90-42), 173-303-017, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter70.105 RCW. WSR 87-14-029 (Order DE-87-4), 173-303-017, filed6/26/87; WSR 86-12-057 (Order DE-85-10), 173-303-017, filed 6/3/86;WSR 84-14-031 (Order DE 84-22), 173-303-017, filed 6/27/84.]


(12/18/14) [Ch. 173-303 WAC p. 7]

173-303-020WAC 173-303-020 Applicability. Except as expresslyprovided elsewhere herein, this chapter 173-303 WACapplies to all persons who handle dangerous wastes and solidwastes that may designate as dangerous wastes including, butnot limited to:

(1) Generators;(2) Transporters;(3) Owners and operators of dangerous waste recycling,

transfer, storage, treatment, and disposal facilities; and(4) The operator of the state's extremely hazardous waste

management facility.[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008(Order 94-30), 173-303-020, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), 173-303-020, filed 12/8/93, effective 1/8/94. Statu-tory Authority: Chapter 70.105 RCW. WSR 84-09-088 (Order DE 83-36), 173-303-020, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW andRCW 70.95.260. WSR 82-05-023 (Order DE 81-33), 173-303-020, filed2/10/82. Formerly WAC 173-302-020.]

173-303-030WAC 173-303-030 Abbreviations. The followingabbreviations are used in this regulation.

APTI - Association for Preservation Technology Inter-national

ASTM - American Society for Testing MaterialsAPHA - American Public Health AssociationCAMU - corrective action management unitCDC - Center for Disease ControlC.F.R. - Code of Federal RegulationsDOT - Department of TransportationC - degrees CelsiusDRE - destruction and removal efficiencyDW - dangerous wasteDWS - drinking water standards of the Safe Drinking

Water ActEHW - extremely hazardous wasteEP - extraction procedureEPA - Environmental Protection AgencyF - degrees Fahrenheitg - gramIARC - International Agency for Research on CancerIFC - International Fire Codekg - kilogram (one thousand grams)L - literlb - poundLC50 - median lethal concentration LD50 - median lethal dose MACT - maximum achievable control technologyM - molar (gram molecular weights per liter of solution)mg - milligram (one thousandth of a gram)NFPA - National Fire Protection AssociationNIOSH - National Institute for Occupational Safety and

HealthpH - negative logarithm of the hydrogen ion concentra-

tionPODC - principal organic dangerous constituentPOTW - publicly owned treatment worksppm - parts per million (weight/weight)RCRA - Resource Conservation and Recovery ActRCW - Revised Code of WashingtonTEQ - toxicity equivalenceTSD facility - treatment, storage, or disposal facility

TU - temporary unitUBC - Uniform Building CodeUFC - Uniform Fire CodeUSCG - United States Coast GuardUSGS - United States Geological SurveyWAC - Washington Administrative Code% - percent# - number

[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105(Order 07-12), 173-303-030, filed 6/30/09, effective 7/31/09. StatutoryAuthority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW70.105.007. WSR 04-24-065 (Order 03-10), 173-303-030, filed 11/30/04,effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW.WSR 95-22-008 (Order 94-30), 173-303-030, filed 10/19/95, effective11/19/95. Statutory Authority: Chapter 70.105 RCW. WSR 84-09-088(Order DE 83-36), 173-303-030, filed 4/18/84. Statutory Authority: Chap-ter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), 173-303-030, filed 2/10/82. Formerly WAC 173-302-030.]

173-303-040

WAC 173-303-040 Definitions. When used in thischapter, the following terms have the meanings given below.

"Aboveground tank" means a device meeting the defini-tion of "tank" in this section and that is situated in such a waythat the entire surface area of the tank is completely above theplane of the adjacent surrounding surface and the entire sur-face area of the tank (including the tank bottom) is able to bevisually inspected.

"Active life" of a facility means the period from the ini-tial receipt of dangerous waste at the facility until the depart-ment receives certification of final closure.

"Active portion" means that portion of a facility which isnot a closed portion, and where dangerous waste recycling,reuse, reclamation, transfer, treatment, storage or disposaloperations are being or have been conducted after:

The effective date of the waste's designation by 40C.F.R. Part 261; and

March 10, 1982, for wastes designated only by this chap-ter and not designated by 40 C.F.R. Part 261. (See also"closed portion" and "inactive portion.")

"Active range" means a military range that is currently inservice and is being regularly used for range activities.

"Acute hazardous waste" means dangerous wastesources (listed in WAC 173-303-9904) F020, F021, F022,F023, F026, or F027, and discarded chemical products (listedin WAC 173-303-9903) that are identified with a dangerouswaste number beginning with a "P", including those wastesmixed with source, special nuclear, or by-product materialsubject to the Atomic Energy Act of 1954. The abbreviation"AHW" will be used in this chapter to refer to those danger-ous and mixed wastes which are acute hazardous wastes.Note - The terms acute and acutely are used interchangeably.

"Ampule" means an airtight vial made of glass, plastic,metal, or any combination of these materials.

"Ancillary equipment" means any device including, butnot limited to, such devices as piping, fittings, flanges,valves, and pumps, that is used to distribute, meter, or controlthe flow of dangerous waste from its point of generation to astorage or treatment tank(s), between dangerous waste stor-age and treatment tanks to a point of disposal on-site, or to apoint of shipment for disposal off-site.


[Ch. 173-303 WAC p. 8] (12/18/14)

"Aquifer" means a geologic formation, group of forma-tions, or part of a formation capable of yielding a significantamount of groundwater to wells or springs.

"Batch" means any waste which is generated less fre-quently than once a month.

"Battery" means a device consisting of one or more elec-trically connected electrochemical cells which is designed toreceive, store, and deliver electric energy. An electrochemi-cal cell is a system consisting of an anode, cathode, and anelectrolyte, plus such connections (electrical and mechanical)as may be needed to allow the cell to deliver or receive elec-trical energy. The term battery also includes an intact, unbro-ken battery from which the electrolyte has been removed.

"Berm" means the shoulder of a dike."Boiler" means an enclosed device using controlled

flame combustion and having the following characteristics:The unit must have physical provisions for recovering

and exporting thermal energy in the form of steam, heatedfluids, or heated gases; and

The unit's combustion chamber and primary energyrecovery section(s) must be of integral design. To be of inte-gral design, the combustion chamber and the primary energyrecovery section(s) (such as waterwalls and superheaters)must be physically formed into one manufactured or assem-bled unit. A unit in which the combustion chamber and theprimary energy recovery section(s) are joined only by ductsor connections carrying flue gas is not integrally designed;however, secondary energy recovery equipment (such aseconomizers or air preheaters) need not be physically formedinto the same unit as the combustion chamber and the pri-mary energy recovery section. The following units are notprecluded from being boilers solely because they are not ofintegral design: Process heaters (units that transfer energydirectly to a process stream), and fluidized bed combustionunits; and

While in operation, the unit must maintain a thermalenergy recovery efficiency of at least sixty percent, calcu-lated in terms of the recovered energy compared with thethermal value of the fuel; and

The unit must export and utilize at least seventy-five per-cent of the recovered energy, calculated on an annual basis.In this calculation, no credit will be given for recovered heatused internally in the same unit. (Examples of internal use arethe preheating of fuel or combustion air, and the driving ofinduced or forced draft fans or feedwater pumps); or

The unit is one which the department has determined, ona case-by-case basis, to be a boiler, after considering the stan-dards in WAC 173-303-017(6).

"By-product" means a material that is not one of the pri-mary products of a production process and is not solely orseparately produced by the production process. Examples areprocess residues such as slags or distillation column bottoms.The term does not include a coproduct that is produced forthe general public's use and is ordinarily used in the form it isproduced by the process.

"Carbon regeneration unit" means any enclosed thermaltreatment device used to regenerate spent activated carbon.

"Carcinogenic" means a material known to contain asubstance which has sufficient or limited evidence as ahuman or animal carcinogen as listed in both IARC and eitherIRIS or HEAST.

"Cathode ray tube" or "CRT" means a vacuum tube,composed primarily of glass, which is the visual or video dis-play component of an electronic device. A used, intact CRTmeans a CRT whose vacuum has not been released. A used,broken CRT means glass removed from its housing or casingwhose vacuum has been released.

"Chemical agents and chemical munitions" are definedas in 50 U.S.C. section 1521 (j)(1).

"Cleanup-only facility" means a site, including any con-tiguous property owned or under the control of the owner oroperator of the site, where the owner or operator is or will betreating, storing, or disposing of remediation waste, includingdangerous remediation waste, and is not, has not and will notbe treating, storing or disposing of dangerous waste that isnot remediation waste. A cleanup-only facility is not a "facil-ity" for purposes of corrective action under WAC 173-303-646.

"Closed portion" means that portion of a facility whichan owner or operator has closed, in accordance with theapproved facility closure plan and all applicable closurerequirements.

"Closure" means: The requirements placed upon all recycling, used oil,

and TSD facilities, plus some generators, and some transport-ers to ensure that all such facilities are closed in an acceptablemanner (see also "post-closure"); and

Once taken out of service, the proper cleaning upand/or decontaminating of a dangerous waste managementunit or a recycling unit and any areas affected by releasesfrom the unit.

"Commercial chemical product or manufacturing chem-ical intermediate" refers to a chemical substance which ismanufactured or formulated for commercial or manufactur-ing use which consists of the commercially pure grade of thechemical, any technical grades of the chemical that are pro-duced or marketed, and all formulations in which the chemi-cal is the sole active ingredient.

"Commercial fertilizer" means any substance containingone or more recognized plant nutrients and which is used forits plant nutrient content and/or which is designated for use orclaimed to have value in promoting plant growth, andincludes, but is not limited to, limes, gypsum, and manipu-lated animal manures and vegetable compost. The commer-cial fertilizer must be registered with the state or local agencyregulating the fertilizer in the locale in which the fertilizer isbeing sold or applied.

"Compliance procedure" means any proceedings insti-tuted pursuant to the Hazardous Waste Management Act,chapter 70.105 RCW, and Hazardous waste fees, chapter70.105A RCW, or regulations issued under authority of statelaw, which seeks to require compliance, or which is in thenature of an enforcement action or an action to cure a viola-tion. A compliance procedure includes a notice of intention toterminate a permit pursuant to WAC 173-303-830(5), or anapplication in the state superior court for appropriate reliefunder the Hazardous Waste Management Act. A complianceprocedure is considered to be pending from the time a noticeof violation or of intent to terminate a permit is issued or judi-cial proceedings are begun, until the department notifies theowner or operator in writing that the violation has been cor-


(12/18/14) [Ch. 173-303 WAC p. 9]

rected or that the procedure has been withdrawn or discontin-ued.

"Component" means either the tank or ancillary equip-ment of a tank system.

"Constituent" or "dangerous waste constituent" means achemically distinct component of a dangerous waste streamor mixture.

"Container" means any portable device in which a mate-rial is stored, transported, treated, disposed of, or otherwisehandled.

"Containment building" means a hazardous waste man-agement unit that is used to store or treat hazardous wasteunder the provisions of WAC 173-303-695.

"Contingency plan" means a document setting out anorganized, planned, and coordinated course of action to befollowed in case of a fire, explosion, or release of dangerouswaste or dangerous waste constituents which could threatenhuman health or environment.

"Contract" means the written agreement signed by thedepartment and the state operator.

"Corrosion expert" means a person who, by reason of hisknowledge of the physical sciences and the principles ofengineering and mathematics, acquired by a professionaleducation and related practical experience, is qualified toengage in the practice of corrosion control on buried or sub-merged metal piping systems and metal tanks. Such a personmust be certified as being qualified by the National Associa-tion of Corrosion Engineers (NACE) or be a registered pro-fessional engineer who has certification or licensing thatincludes education and experience in corrosion control onburied or submerged metal piping systems and metal tanks.

"CRT collector" means a person who receives CRTs forrecycling, repair, resale, or donation.

"CRT glass manufacturer" means an operation or part ofan operation that uses a furnace to manufacture CRT glass.

"CRT processing" means conducting all of the followingactivities:

Receiving broken or intact CRTs; and Intentionally breaking intact CRTs or further breaking

or separating broken CRTs; and Sorting or otherwise managing glass removed from

CRT monitors."Dangerous waste constituents" means those constitu-

ents listed in WAC 173-303-9905 and any other constituentsthat have caused a waste to be a dangerous waste under thischapter.

"Dangerous waste management unit" is a contiguousarea of land on or in which dangerous waste is placed, or thelargest area in which there is a significant likelihood of mix-ing dangerous waste constituents in the same area. Examplesof dangerous waste management units include a surfaceimpoundment, a waste pile, a land treatment area, a landfillcell, an incinerator, a tank and its associated piping andunderlying containment system and a container storage area.A container alone does not constitute a unit; the unit includescontainers and the land or pad upon which they are placed.

"Dangerous wastes" means those solid wastes desig-nated in WAC 173-303-070 through 173-303-100 as danger-ous, or extremely hazardous or mixed waste. As used in thischapter, the words "dangerous waste" will refer to the fulluniverse of wastes regulated by this chapter. The abbrevia-

tion "DW" will refer only to that part of the regulated uni-verse which is not extremely hazardous waste. (See also"extremely hazardous waste," "hazardous waste," and "mixedwaste" definitions.)

"Debris" means solid material exceeding a 60 mm parti-cle size that is intended for disposal and that is: A manufac-tured object; or plant or animal matter; or natural geologicmaterial. However, the following materials are not debris:Any material for which a specific treatment standard is pro-vided in 40 C.F.R. Part 268 Subpart D (incorporated by refer-ence in WAC 173-303-140 (2)(a)); process residuals such assmelter slag and residues from the treatment of waste, waste-water, sludges, or air emission residues; and intact containersof hazardous waste that are not ruptured and that retain atleast seventy-five percent of their original volume. A mixtureof debris that has not been treated to the standards providedby 40 C.F.R. 268.45 and other material is subject to regula-tion as debris if the mixture is comprised primarily of debris,by volume, based on visual inspection.

"Department" means the department of ecology."Dermal Rabbit LD50" means the single dosage in milli-

grams per kilogram (mg/kg) body weight which, when der-mally (skin) applied for 24 hours, within 14 days kills half ormore of a group of ten rabbits each weighing between 2.0 and3.0 kilograms.

"Designated facility" means: A dangerous waste treatment, storage, disposal, or

recycling facility that: Has received a permit (or interim status) in accordance

with the requirements of this chapter, Has received a permit (or interim status) from another

state authorized in accordance with 40 C.F.R. Part 271, Has received a permit (or interim status) from EPA in

accordance with 40 C.F.R. Part 270, Has a permit by rule under WAC 173-303-802(5), or is

regulated under WAC 173-303-120 (4)(c) or 173-303-525when the dangerous waste is to be recycled, and

That has been designated on the manifest pursuant toWAC 173-303-180(1).

"Designated facility" also means a generator site desig-nated on the manifest to receive its waste as a return shipmentfrom a facility that has rejected the waste in accordance withWAC 173-303-370 (5)(f).

If a waste is destined to a facility in an authorized statethat has not yet obtained authorization to regulate that partic-ular waste as dangerous, then the designated facility must bea facility allowed by the receiving state to accept such waste.

The following are designated facilities only for receiptof state-only waste; they cannot receive federal hazardouswaste from off-site: Facilities operating

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