Loading (50 kb)...'
(continued)
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator must submit to the department, the as-built drawings for the drip pad together with a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of subsection (4)(m) of this section or close the drip pad in accordance with subsection (6) of this section.
(3) Design and installation of new drip pads.
Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the requirements of subsections (4) of this section (except subsection (4)(a)(iv)), (5) and (6) of this section; or
(b) All of the requirements of subsections (4) of this section (except subsection (4)(b)), (5) and (6) of this section.
(4) Design and operating requirements.
(a) Drip pads must:
(i) Be constructed of nonearthen materials, excluding wood and nonstructurally supported asphalt:
(ii) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(iii) Have a curb or berm around the perimeter;
(iv)(A) Have a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with subsection (3)(a) of this section instead of subsection (3)(b) of this section.
(B) The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this subsection, except for (b) of this subsection.
(v) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
Note: The department will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) or the American Society of Testing and Materials (ASTM) in judging the structural integrity requirement of this subsection.
(b) If an owner/operator elects to comply with subsection (3)(b) of this section instead of subsection (3)(a) of this section, the drip pad must have:
(i) A synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner must be:
(A) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(ii) A leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system must be:
(A) Constructed of materials that are:
(I) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
(II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
(B) Designed and operated to function without clogging through the scheduled closure of the drip pad; and
(C) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(iii) A leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must be documented in the operating log.
(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
Note: See subsection (4)(m) of this section for remedial action required if deterioration or leakage is detected.
(d) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent runoff.
(e) Unless protected by a structure, as described in subsection (1)(b) of this section, the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a twenty-four-hour, twenty-five-year storm, unless the system has sufficient excess capacity to contain any runoff that might enter the system.
(f) Unless protected by a structure or cover as described in subsection (1)(b) of this section, the owner or operator must design, construct, operate and maintain a runoff management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.
(g) The drip pad must be evaluated to determine that it meets the requirements of (a) through (f) of this subsection and the owner or operator must obtain a statement from an independent, qualified registered professional engineer certifying that the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner/operator must determine if the residues are dangerous under WAC 173-303-070 and, if so, must manage them under this chapter.
(j) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and nonpressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the drip pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and runoff control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(i) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:
(A) Enter a record of the discovery in the facility operating log;
(B) Immediately remove the portion of the drip pad affected by the condition from service;
(C) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
(D) Within twenty-four hours after discovery of the condition, notify the department of the condition and, within ten working days, provide written notice to the department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.
(ii) The department will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and clean up are complete and notify the owner or operator of the determination and the underlying rationale in writing.
(iii) Upon completing all repairs and clean up, the owner or operator must notify the department in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and clean up have been completed according to the written plan submitted in accordance with (m)(i)(D) of this subsection.
(n) Should a permit be necessary, the department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(o) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
(5) Inspections.
(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the requirements of subsection (4) of this section by an independent qualified, registered professional engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:
(i) Deterioration, malfunctions or improper operation of run-on and runoff control systems;
(ii) The presence of leakage in and proper functioning of leak detection system;
(iii) Deterioration or cracking of the drip pad surface.
Note: See subsection (4)(m) of this section for remedial action required if deterioration or leakage is detected.
(6) Closure.
(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in (a) of this subsection, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (WAC 173-303-665(6)). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator must meet all of the requirements for landfills specified in WAC 173-303-610 and 173-303-620.
(c)(i) The owner or operator of an existing drip pad, as defined in subsection (1) of this section, that does not comply with the liner requirements of subsection (4)(b)(i) of this section must:
(A) Include in the closure plan for the drip pad under WAC 173-303-610(3), both a plan for complying with (a) of this subsection and a contingent plan for complying with (b) of this subsection in case not all contaminated subsoils can be practicably removed at closure; and
(B) Prepare a contingent post-closure plan under WAC 173-303-610(8) for complying with (b) of this subsection in case not all contaminated subsoils can be practicably removed at closure.
(ii) The cost estimates calculated under WAC 173-303-610 and 173-303-620 for closure and post-closure care of a drip pad subject to this subsection must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under (a) of this subsection.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-675, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-675, filed 10/19/95, effective 11/19/95.]
--------------------------------------------------------------------------------
173-303-680
Miscellaneous units.
(1) Applicability. The requirements of this section apply to owners and operators of facilities that treat, store, or dispose of dangerous waste in miscellaneous units, except as WAC 173-303-600 provides otherwise.
(2) Environmental performance standards. A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of dangerous waste or dangerous constituents from the unit. Permit terms and provisions must include those requirements in WAC 173-303-630 through 173-303-670, 40 CFR Subparts AA through CC, which are incorporated by reference at WAC 173-303-690 through173-303-692 , WAC 173-303-800 through 173-303-806, part 63 subpart EEE (which is incorporated by reference at WAC 173-400-075 (5)(a)), and 40 CFR Part 146 that are appropriate for the miscellaneous units being permitted. Protection of human health and the environment includes, but is not limited to:
(a) Prevention of any releases that may have adverse effects on human health or the environment due to migration of wastes constituents in the ground water or subsurface environment, considering:
(i) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;
(ii) The hydrologic and geologic characteristics of the unit and the surrounding area;
(iii) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water;
(iv) The quantity and direction of ground water flow;
(v) The proximity to and withdrawal rates of current and potential ground water users;
(vi) The patterns of land use in the region;
(vii) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;
(viii) The potential for health risks caused by human exposure to waste constituents; and
(ix) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.
(b) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands or on the soil surface considering:
(i) The volume and physical and chemical characteristics of the waste in the unit;
(ii) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;
(iii) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;
(iv) The patterns of precipitation in the region;
(v) The quantity, quality, and direction of ground water flow;
(vi) The proximity of the unit to surface waters;
(vii) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters;
(viii) The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils;
(ix) The patterns of land use in the region;
(x) The potential for health risks caused by human exposure to waste constituents; and
(xi) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.
(c) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:
(i) The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols and particulates;
(ii) The effectiveness and reliability of systems and structures to reduce or prevent emissions of dangerous constituents to the air;
(iii) The operating characteristics of the unit;
(iv) The atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;
(v) The existing quality of the air, including other sources of contamination and their cumulative impact on the air;
(vi) The potential for health risks caused by human exposure to waste constituents; and
(vii) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.
(3) Monitoring, analysis, inspection, response, reporting, and corrective action. Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with subsection (2) of this section, WAC 173-303-320, 173-303-340(1), 173-303-390, and 173-303-64620 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
(4) Post-closure care. A miscellaneous unit that is a disposal unit must be maintained in a manner that complied with subsection (2) of this section during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of subsection (2) of this section during post-closure care. The post-closure plan under WAC 173-303-610(8) must specify the procedures that will be used to satisfy this requirement.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-680, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-680, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-680, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-680, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), § 173-303-680, filed 3/7/91, effective 4/7/91.]
--------------------------------------------------------------------------------
173-303-690
Air emission standards for process vents.
(1) Applicability.
(a) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes.
(b) Except for 40 CFR 264.1034(d) and (e), this section applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:
(i) A unit that is subject to the permitting requirements of WAC 173-303-800 through 173-303-840; or
(ii) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of WAC 173-303-200(1) (i.e., a hazardous waste recycling unit that is not a ninety-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of WAC 173-303-800 through173-303-840 ; or
(iii) A unit that is exempt from permitting under the provisions of WAC 173-303-200(1) (i.e., a "ninety-day" tank or container) and is not a recycling unit under the provisions of WAC 173-303-120.
(c) For the owner and operator of a facility subject to this section and who received a final hazardous waste permit prior to December 6, 1996, the requirements of this section must be incorporated into the permit when the permit is reissued in accordance with the requirements of WAC 173-303-840(8) or reviewed in accordance with the requirements of WAC 173-303-806(11). Until such date when the owner and operator receives a final permit incorporating the requirements of this section, the owner and operator is subject to the requirements of 40 CFR 265 Subpart AA.
Note: The requirements of 40 CFR Parts 264.1032 through 264.1036 apply to process vents on hazardous waste recycling units previously exempt under WAC 173-303-120 (4)(d). Other exemptions under WAC 173-303-071 and 173-303-600(2) are not affected by these requirements.
(d) The requirements of this section do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this section are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR Part 60, Part 61, or Part 63. The documentation of compliance under regulations at 40 CFR Part 60, Part 61, or Part 63 must be kept with, or made readily available with, the facility operating record.
(2) 40 CFR 264.1031 through 1036 (Subpart AA) is incorporated by reference.
Note: Where the incorporated language refers to 264.1030, refer to subsection (1) of this section. Where the incorporated language refers to Part 270, refer to WAC 173-303-800 through 173-303-840.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-03), § 173-303-690, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. 00-11-040 (Order 99-01), § 173-303-690, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-690, filed 10/19/95, effective 11/19/95.]
--------------------------------------------------------------------------------
173-303-691
Air emission standards for equipment leaks.
(1) Applicability.
(a) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes.
(b) Except as provided in 40 CFR 264.1064(k), this section applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:
(i) A unit that is subject to the permitting requirements of WAC 173-303-800 through 173-303-840; or
(ii) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of WAC 173-303-200(1) (i.e., a hazardous waste recycling unit that is not a "ninety-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of WAC 173-303-800 through173-303-840 ; or
(iii) A unit that is exempt from permitting under the provisions of WAC 173-303-200(1) (i.e., a "ninety-day" tank or container) and is not a recycling unit under the provisions of WAC 173-303-120.
(c) For the owner or operator of a facility subject to the requirements of 40 CFR 264.1052 through 264.1065 and who received a final permit under section 3005 of RCRA prior to December 6, 1996, the requirements of 40 CFR 264.1052 through 264.1065 must be incorporated into the permit when the permit is reissued under WAC 173-303-840(8) or reviewed under WAC 173-303-806(11). Until such date when the owner or operator receives a final permit incorporating the requirements of 40 CFR 264.1052 through 264.1065, the owner or operator is subject to the requirements of 40 CFR 265, Subpart BB, which is incorporated by reference at WAC 173-303-400 (3)(a).
(d) Each piece of equipment to which this section applies must be marked in such a manner that it can be distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is excluded from the requirements of 40 CFR 264.1052 to 264.1060 if it is identified as required in 40 CFR 264.1064 (g)(5).
(f) Equipment that contains or contacts hazardous waste with an organic concentration of at least ten percent by weight for less than three hundred hours per calendar year is excluded from the requirements of 40 CFR Parts 264.1052 through 264.1060 if it is identified, as required in 40 CFR Part 264.1064 (g)(6).
Note: The requirements of 40 CFR Parts 264.1052 through 264.1065 apply to equipment associated with hazardous waste recycling units previously exempt under WAC 173-303-120 (4)(d). Other exemptions under WAC 173-303-071 and 173-303-600(2) are not affected by these requirements.
(2) 40 CFR 264.1051 through 1065 (Subpart BB) is incorporated by reference.
Note: Where the incorporated language refers to 264.1050, refer to WAC 173-303-691. Where the incorporated language refers to Part 270, refer to WAC 173-303-800 through 173-303-840.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-03), § 173-303-691, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. 00-11-040 (Order 99-01), § 173-303-691, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-691, filed 10/19/95, effective 11/19/95.]
--------------------------------------------------------------------------------
173-303-692
Air emission standards for tanks, surface impoundments, and containers.
(1) Applicability.
(a) The requirements of 40 CFR Part 264 Subpart CC apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either WAC 173-303-630, 173-303-640, or 173-303-650 except as WAC 173-303-600 and (b) of this subsection provide otherwise.
(b) The requirements of 40 CFR Part 264 Subpart CC do not apply to the following waste management units at the facility:
(i) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(ii) A container that has a design capacity less than or equal to 0.1 m3.
(iii) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(iv) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(v) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of WAC 173-303-646, or RCRA section 3008(h), or CERCLA authorities.
(vi) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
(vii) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR Parts 60, 61, or 63. For the purpose of complying with this paragraph, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of 40 CFR Part 264.1084(i), except as provided in 40 CFR Part 264.1082 (c)(5).
(viii) A tank that has a process vent as defined in 40 CFR Part 264.1031.
(c) For the owner and operator of a facility subject to this section who received a final permit under the Hazardous Waste Management Act prior to December 6, 1996, the requirements of 40 CFR Part 264 Subpart CC will be incorporated into the permit when the permit is reissued in accordance with the requirements of WAC 173-303-840(8) or reviewed in accordance with the requirements of WAC 173-303-806 (11)(d). Until such date when the permit is reissued in accordance with the requirements of WAC 173-303-840(8) or reviewed in accordance with the requirements of WAC 173-303-806 (11)(d), the owner and operator is subject to the requirements of 40 CFR Part 265 Subpart CC, which is incorporated by reference at WAC 173-303-400 (3)(a).
(d) The requirements of 40 CFR Part 264 Subpart CC, except for the recordkeeping requirements specified in 40 CFR Part 264.1089(i), are administratively stayed for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:
(i) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this paragraph, "organic peroxide" means an organic compound that contains the bivalent --O--O--structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(ii) The owner or operator prepares documentation, in accordance with the requirements of 40 CFR Part 264.1089(i) explaining why an undue safety hazard would be created if air emission controls specified in 40 CFR Parts 264.1084 through 264.1087 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of (d)(i) of this subsection.
(iii) The owner or operator notifies the department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of (d)(i) of this subsection are managed at the facility in tanks or containers meeting the conditions of (d)(ii) of this subsection. The notification must state the name and address of the facility, and must be signed and dated by an authorized representative of the facility owner or operator.
(2) 40 CFR Parts 264.1081 through 264.1091 (Subpart CC) is incorporated by reference.
Note: Where the incorporated language refers to 264.1080, refer to WAC 173-303-692. Where the incorporated language refers to Part 270, refer to WAC 173-303-800 through 173-303-840.
(3) References within 40 CFR Part 264 Subpart CC to the following parts are incorporated by reference: 40 CFR Parts 60, 61, and 63. This includes Method 25E - Determination of Vapor Phase Organic Concentration in Waste Samples at 40 CFR Part 60 Appendix A.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-03), § 173-303-692, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. 00-11-040 (Order 99-01), § 173-303-692, filed 5/10/00, effective 6/10/00.]
--------------------------------------------------------------------------------
173-303-693
Dangerous waste munitions and explosives storage.
(1) Applicability. The requirements of this section apply to owners or operators who store munitions and explosive dangerous wastes, except as WAC 173-303-600(3) provides otherwise. (NOTE: Depending on explosive hazards, dangerous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (WAC 173-303-695), tanks (WAC 173-303-640), or containers (WAC 173-303-630). See WAC 173-303-578(4) for storage of waste military munitions.)
(2) Design and operating standards.
(a) Dangerous waste munitions and explosives storage units must be designed and operated with containment systems, controls, and monitoring, that:
(i) Minimize the potential for detonation or other means of release of dangerous waste, dangerous constituents, dangerous decomposition products, or contaminated runoff, to the soil, ground water, surface water, and atmosphere;
(ii) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the dangerous waste;
(iii) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;
(iv) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids or vapors are promptly detected and an appropriate response taken (for example, additional containment, such as overpacking, or removal from the waste area); and
(v) Provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit.
(b) Dangerous waste munitions and explosives stored in accordance with this section may be stored in one of the following:
(i) Earth-covered magazines. Earth-covered magazines must be:
(A) Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when not being accessed;
(B) Designed and constructed:
(I) To be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit;
(II) To provide working space for personnel and equipment in the unit; and
(III) To withstand movement activities that occur in the unit; and
(C) Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(ii) Above-ground magazines. Above-ground magazines must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(iii) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.
(c) Dangerous waste munitions and explosives must be stored in accordance with a standard operating procedure specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same purpose as the security and inspection requirements of WAC 173-303-310, the preparedness and prevention procedures of WAC 173-303-340, and the contingency plan and emergency procedures requirements of WAC 173-303-350, then these procedures will be used to fulfill those requirements.
(d) Dangerous waste munitions and explosives must be packaged to ensure safety in handling and storage.
(e) Dangerous waste munitions and explosives must be inventoried at least annually.
(f) Dangerous waste munitions and explosives and their storage units must be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.
(3) Closure and post-closure care.
(a) At closure of a magazine or unit that stored dangerous waste in accordance with this section, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, and manage them as dangerous waste. The closure plan, closure activities, cost estimates for closure, and financial responsibility for magazines or units must meet all of the requirements specified in WAC 173-303-610 and 173-303-620, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in (a) of this subsection, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he or she must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (WAC 173-303-665(6)).
[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. 00-11-040 (Order 99-01), § 173-303-693, filed 5/10/00, effective 6/10/00.]
--------------------------------------------------------------------------------
173-303-695
Containment buildings.
The requirements for containment buildings at 40 CFR Part 264 Subpart DD are incorporated by reference. The words "regional administrator" will mean "department."
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-695, filed 10/19/95, effective 11/19/95.]
--------------------------------------------------------------------------------
173-303-700
Requirements for the Washington state extremely hazardous waste management facility at Hanford.
(1) Purpose and applicability. The purpose of this section is to set forth the requirements for the Washington EHW management (EHWM) facility located at Hanford, Washington. It is the only facility within the state that is allowed under law to dispose of EHW (RCW 70.105.050).
(2) Waste acceptance at Hanford.
(a) The state operator will accept EHW for treatment, storage, or disposal when:
(i) The waste has been specified in the state operator's permit as not requiring prior approval from the department and the state operator sends a copy of each written request for disposal of waste at the EHWM facility to the department, not later than one week after receiving the request; or
(ii) If the waste has not been specified in the state operator's permit, then the department provides written approval that the waste may be accepted at the EHWM facility. Notices of approval or disapproval will be provided as soon as possible, but not later than 15 days, after the state operator has notified the department. Written approval from the department is not required in emergencies, as specified; and
(iii) The generator has obtained prior written approval for waste acceptance from the state operator;
(iv) The waste is accompanied by a manifest specified in the generator requirements of WAC 173-303-180, Manifest; and
(v) Waste containers meet the labeling and container condition requirements of WAC 173-303-190.
(b) The state operator may accept DW, as defined in this regulation, for storage, treatment, or disposal when:
(i) All the conditions of EHW acceptance, (a) of this subsection, are met;
(ii) The generator and/or operator shows that no other permitted TSD facility in the state will handle such DW. The generator and/or operator must refer to:
(A) County or municipal ordinances or solid waste permits forbidding DW disposal at nearby sites;
(B) The EHWM site being the shortest economical haul distance where other remotely located, DW sites may be available; and
(C) Specific rejection or disapproval, in writing, by nearby DW site operators, public or private; and
(iii) The EHWM facility is designed to handle such a request or can be modified to the extent necessary to adequately dispose of the waste.
(c) The state operator, after consulting with the department, may refuse to accept any waste that does not meet the requirements of the acceptance procedures of this subsection until the facts are ascertained, including but not limited to:
(i) The requirement that samples of waste be taken and analyzed; or
(ii) The condition of the containers by physical inspection of the delivery load.
(d) The state operator may accept dangerous waste under emergency conditions if:
(i) An emergency and potential threat to the public health and safety exists;
(ii) The state operator notifies the department as soon as possible;
(iii) The state operator stores the waste upon delivery until the full manifest has been received and approved by the department; and
(iv) The generator is fully apprised that the waste remains his liability until approved under (d)(iii) of this subsection.
(3) Other applicable requirements. The EHWM facility at Hanford must meet all other requirements of chapter 173-303 WAC, including specific requirements for storage, treatment, transfer and disposal of EHW, and siting, performance, and operation of facilities. The EHWM facility must also meet the following requirements:
(a) The state operator must not remove any dangerous waste from the facility without the department's approval;
(b) The state operator must maintain facilities for telephone and radio contact with the Hanford Reservation security patrol, and include this information with the contingency plan required in WAC 173-303-350;
(c) As a minimum, the state operator must provide personnel having knowledge and background in the following areas:
(i) Inspecting and checking manifests for completeness and accuracy;
(ii) Applied chemistry as it relates to reactivity, explosiveness, and flammability; and
(iii) Industrial hygiene and/or toxicology of industrial, commercial, and agricultural chemicals, and emergency procedures;
(d) The state operator must ensure that new personnel have a complete physical examination and annual checkups thereafter. The physician should be alerted to the kinds of materials the employee has been handling, so that more specific analyses can be made. The medical records must be made a part of the state operator's records as required in WAC 173-303-380(1); and
(e) The state operator must submit copies of all fee schedules to the department for yearly review and approval. The state operator must supply, and the department will use, the following criteria to review such disposal fees:
(i) Their relationship to other fees charged for similar services;
(ii) Reasonable return on investment and profit for the operator; and
(iii) The cost of administration, development, operation, maintenance, and perpetual management of the EHW facility, including administrative costs and perpetual management costs of the department.
(4) Department surveillance.
(a) In addition to the reports required under WAC 173-303-390, facility reports, the EHWM facility operator must report the following to the department:
(i) Copies of all environmental sampling results during the previous quarter;
(ii) Telephone and written accounts of any accidents or emergencies requiring action under WAC 173-303-360; and
(iii) Complete financial reports during the previous year.
(b) The state operator must admit the department's duly authorized representative to inspect the site at any reasonable hour of the day. Inspection may cover any of the following:
(i) The site and facilities;
(ii) The waste being delivered, stored, processed, or buried, including the taking of samples, a portion of each sample being given to the operator upon his request;
(iii) The environment, by the drilling of test wells and obtaining of samples; and
(iv) Any records, reports, information, or test results relating to the purpose of this regulation.
The inspection results will be written, filed with the department, and a copy made available to the state operator.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-700, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-700, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-700, filed 2/10/82.]
--------------------------------------------------------------------------------
173-303-800
Permit requirements for dangerous waste management facilities.
(1) The purpose of WAC 173-303-800 through 173-303-840 is to establish the requirements for permits which will allow a dangerous waste facility to operate without endangering the public health and the environment.
(2) The owner/operator of a dangerous waste facility that transfers, treats, stores, or disposes (TSD) or recycles dangerous waste must, when required by this chapter, obtain a permit in accordance with WAC 173-303-800 through 173-303-840 covering the active life, closure period, ground water protection compliance period, and for any regulated unit (as defined in WAC 173-303-040) or for any facility which at closure does not meet the removal or decontamination limits of WAC 173-303-610 (2)(b), post-closure care period, unless they demonstrate closure by removal or decontamination as provided under WAC 173-303-800 (9) and (10). If a post-closure permit is required, the permit must address applicable ground water monitoring, unsaturated zone monitoring, corrective action, and post-closure care requirements of this chapter. The denial of a permit for the active life of a dangerous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this section.
(3) TSD facility permits will be granted only if the objectives of the siting and performance standards set forth in WAC 173-303-282 and 173-303-283 are met.
(4) Permits will be issued according to the requirements of all applicable TSD facility standards.
(5) The owner/operator of a TSD facility is responsible for obtaining all other applicable federal, state, and local permits authorizing the development and operation of the TSD facility. (continued)