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(continued)
(6) The terms used in regard to permits which are not defined in WAC 173-303-040 have the same meanings as set forth in 40 CFR 270.2.
(7) Exemptions.
(a) A permit for an on-site cleanup action may be exempted as provided in a consent decree or order signed by the department and issued pursuant to chapter 70.105D RCW.
(b) A permit is not required for an on-site cleanup action performed by the department pursuant to chapter 70.105D RCW.
(c) Further exemptions.
(i) A person is not required to obtain a dangerous waste permit for treatment or containment activities taken during immediate response to any of the following situations:
(A) A discharge of a dangerous waste;
(B) An imminent and substantial threat of a discharge of dangerous waste;
(C) A discharge of a material that, when discharged, becomes a dangerous waste;
(D) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in WAC 173-303-040.
(E) In the case of emergency responses involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.
(ii) Any person who continues or initiates dangerous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter for those activities.
(iii) Universal waste handlers and universal waste transporters (as defined in WAC 173-303-040) handling the wastes listed below are not required to obtain a dangerous waste permit. These handlers are subject to regulation under WAC 173-303-573, when handling the below listed universal wastes.
(A) Batteries as described in WAC 173-303-573(2);
(B) Thermostats as described in WAC 173-303-573(3);
(C) Mercury-containing equipment as described in WAC 173-303-573(4); and
(D) Lamps as described in WAC 173-303-573(5).
(8) Each permit issued under this chapter will contain terms and conditions as the department determines necessary to protect human health and the environment.
(9) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under 40 CFR Part 265 standards as referenced by WAC 173-303-400 must obtain a post-closure permit unless they can demonstrate to the department that the closure met the standards for closure by removal or decontamination in WAC 173-303-650(6), 173-303-655(8), or 173-303-660(9), as appropriate, and such removal or decontamination must assure that the levels of dangerous waste or dangerous waste constituents or residues do not exceed standards for closure at 40 CFR Part 264.111, as appropriate. The demonstration may be made in the following ways:
(a) If the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that 40 CFR Part 264.111 standards for closure by removal were met. If the department believes that 40 CFR Part 264.111 standards were met, the department will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in subsection (10) of this section.
(b) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the department for a determination that a post-closure permit is not required because the closure met the applicable 40 CFR Part 264.111 closure standards.
(i) The petition must include data demonstrating that standards for closure by removal or decontamination were met, or it must demonstrate that the unit closed under chapter 173-303 WAC requirements that met or exceeded the applicable 40 CFR Part 264.111 closure-by-removal standard.
(ii) The department will approve or deny the petition according to the procedures outline in subsection (10) of this section.
(10) Procedures for closure equivalency determination.
(a) If a facility owner/operator seeks an equivalency demonstration under subsection (9) of this section, the department will provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within thirty days from the date of the notice. The department will also, in response to a request or at the discretion of the department, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the 40 CFR Part 265 closure, as referenced by WAC 173-303-400, to a 40 CFR Part 264.111 closure. The department will give public notice of the hearing at least thirty days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.)
(b) The department will determine whether the 40 CFR Part 265 closure met 40 CFR Part 264.111 closure by removal or decontamination requirements within ninety days of its receipt. If the department finds that the closure did not meet the applicable 40 CFR Part 264.111 standards, the department will provide the owner/operator with a written statement of the reasons why the closure failed to meet 40 CFR Part 264.111 standards. The owner/operator may submit additional information in support of an equivalency demonstration within thirty days after receiving such written statement. The department will review any additional information submitted and make a final determination within sixty days.
(c) If the department determines that the facility did not close in accordance with 40 CFR Part 264.111 standards for closure by removal, the facility is subject to post-closure permitting requirements.
(11) The department may require a permittee or an applicant to submit information in order to establish permit conditions under subsection (8) of this section and WAC 173-303-806 (11)(d).
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-800, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-800, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-800, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-800, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-800, 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), § 173-303-800, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-800, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-800, filed 3/11/88; 84-09-088 (Order DE 83-36), § 173-303-800, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-800, filed 2/10/82.]
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173-303-801
Types of dangerous waste management facility permits.
The following types of permits may be issued by the department to carry out the purpose of this regulation.
(1) Permits by rule:
(a) Ocean disposal - See WAC 173-303-802(2);
(b) Underground injection wells - See WAC 173-303-802(3);
(c) Publicly owned treatment works - See WAC 173-303-802(4); and
(d) Totally enclosed treatment facilities and elementary neutralization and wastewater treatment units - See WAC 173-303-802(5).
(2) Emergency permits - See WAC 173-303-804.
(3) Interim status permits - See WAC 173-303-805.
(4) Final facility permits:
(a) Final status TSD permits - See WAC 173-303-806; and
(b) Recycling permits - See WAC 173-303-806.
(5) Trial burns for dangerous waste incinerator final facility permits - See WAC 173-303-807.
(6) Demonstrations for dangerous waste land treatment final facility permits - See WAC 173-303-808.
(7) Research, development, and demonstration permits - See WAC 173-303-809.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-801, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-801, filed 6/26/87; 84-09-088 (Order DE 83-36), § 173-303-801, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-801, filed 2/10/82.]
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173-303-802
Permits by rule.
(1) Purpose and applicability. This section provides for permit by rule for particular facilities and activities managing dangerous wastes, provided that certain conditions are met. These facilities, activities, and conditions are listed in this section. Owners and operators of facilities with permits by rule are not required to submit an application for a dangerous waste facility permit.
(2) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts dangerous waste for ocean disposal, will have a permit by rule if the owner or operator:
(a) Has a permit for ocean dumping issued under 40 CFR Part 220 (Ocean Dumping, authorized by the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. § 1420 et seq.);
(b) Complies with the conditions of that permit; and
(c) Complies with the following dangerous waste regulations:
(i) WAC 173-303-060, notification and identification numbers;
(ii) WAC 173-303-170 through 173-303-230 when initiating shipments of dangerous waste;
(iii) WAC 173-303-370, manifest system;
(iv) WAC 173-303-380 (1)(a), operating record;
(v) WAC 173-303-390(2), annual report; and
(vi) WAC 173-303-390(1), unmanifested waste report.
(3) Underground injection wells. Underground injection wells with an underground injection control (UIC) permit for underground injection will have a permit by rule if the owner or operator has a UIC permit issued by the department under a federally approved program for underground injection control, and complies with the conditions of the permit and requirements of 40 CFR 144.14 and applicable state waste discharge rules. For UIC permits issued after November 8, 1984, the owner or operator must comply with WAC 173-303-64620, corrective action for solid waste management units; and where the UIC well is the only unit at a facility which requires a RCRA permit, complies with WAC 173-303-806 (4)(a)(xxiii). All underground injection wells must comply with WAC 173-303-060, notification and identification numbers. However, underground injection wells disposing of EHW are prohibited.
(4) Publicly owned treatment works (POTW). The owner or operator of a POTW which accepts dangerous waste for treatment, will have a permit by rule if the owner or operator:
(a) Has a National Pollutant Discharge Elimination System (NPDES) permit;
(b) Complies with the conditions of that permit;
(c) Complies with the following regulations:
(i) WAC 173-303-060, notification and identification numbers;
(ii) WAC 173-303-170 through 173-303-230 when initiating shipments of dangerous waste;
(iii) WAC 173-303-283, performance standards;
(iv) WAC 173-303-370, manifest system;
(v) WAC 173-303-380 (1)(a), operating record;
(vi) WAC 173-303-390(2), annual report;
(vii) WAC 173-303-390(1), unmanifested waste reports; and
(viii) For NPDES permits issued after November 8, 1984, WAC 173-303-64620, corrective action for solid waste management units;
(d) Accepts the waste only if it meets all federal, state, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance; and
(e) Accepts no EHW for disposal at the POTW.
(5) Totally enclosed treatment facilities or elementary neutralization or wastewater treatment units.
(a) The owner or operator of a totally enclosed treatment facility or an elementary neutralization unit that treats state-only dangerous wastes generated on or off site, or federally regulated hazardous waste generated on-site, or a wastewater treatment unit that treats dangerous wastes generated on or off-site, will have a permit by rule, subject to limitations in (b) and (c) of this subsection, if they:
(i) Have an NPDES permit, state waste discharge permit, pretreatment permit (or written discharge authorization from the local sewerage authority) issued by the department, or pretreatment permit (or written discharge authorization) from a local sewage utility delegated pretreatment program responsibilities pursuant to RCW 90.48.165, and the permit or authorization covers the waste stream and constituents being discharged;
(ii) Include the wastestream as a source of wastewater in the application and provide an estimate of flow, the chemical characteristics of the wastestream, whether it is a batch vs. continuous discharge, and the treatment that it will receive;
(iii) Comply with the conditions of that permit;
(iv) Comply with the following regulations:
(A) WAC 173-303-060, notification and identification numbers;
(B) WAC 173-303-070, designation of dangerous waste;
(C) WAC 173-303-283, performance standards;
(D) WAC 173-303-300, general waste analysis;
(E) WAC 173-303-310, security;
(F) WAC 173-303-350, contingency plan and emergency procedures;
(G) WAC 173-303-360, emergencies;
(H) WAC 173-303-370, manifest system;
(I) WAC 173-303-380 (1)(d), operating record, and WAC 173-303-380 (1)(a) when the owner or operator of a wastewater treatment unit is treating federally regulated wastewaters generated off-site;
(J) WAC 173-303-390, facility reporting.
(b) The owner or operator of a wastewater treatment unit may treat dangerous wastewater received from off site provided the wastewater is generated within the same industry and the wastewaters will be effectively treated by the wastewater treatment unit, if:
The owner or operator complies with (a)(i) through (iv) of this subsection.
(c) The department may require the owner or operator of a totally enclosed treatment facility or an elementary neutralization or wastewater treatment unit subject to (a) or (b) of this subsection to apply for and obtain a final facility permit or a permit modification in accordance with WAC 173-303-800 through 173-303-840, if:
(i) The owner or operator violates the general facility or performance requirements specified in (a) of this subsection;
(ii) The owner or operator is conducting other activities which require him to obtain a final facility permit;
(iii) The department determines that the general facility or performance requirements specified in (a) of this subsection, are not sufficient to protect public health or the environment and that additional requirements under this chapter are necessary to provide such protection; or
(iv) The owner or operator does not comply with applicable local, state or federal requirements established pursuant to sections 402 or 307(b) of the Federal Clean Water Act, or chapter 90.48 RCW.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-802, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-802, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-802, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-802, 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), § 173-303-802, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 88-18-083 (Order 88-29), § 173-303-802, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-802, filed 3/11/88; 87-14-029 (Order DE-87-4), § 173-303-802, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-802, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-802, filed 4/18/84.]
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173-303-803
Permit application requirements.
(1) Applicability. The requirements in this section apply to both interim and final status facilities. In addition to this section, the applicable provisions of WAC 173-303-800, 173-303-805, and 173-303-806 must be followed. Persons currently authorized with interim status must apply for permits when required by the department (see requirements at WAC 173-303-806).
(2) Existing dangerous waste management facilities and interim status qualifications.
(a) Owners and operators of existing dangerous waste management facilities or of dangerous waste management facilities in existence on the effective date of statutory or regulatory amendments under the Hazardous Waste Management Act and RCRA that render the facility subject to the requirement to have a dangerous waste permit must submit part A of their permit application no later than:
(i) Six months after the date of publication of regulations that first require them to comply with the standards set forth in WAC 173-303-400, 173-303-505, 173-303-520, or 173-303-525, or 40 CFR Part 266 Subpart H; or
(ii) Thirty days after the date they first become subject to the standards set forth in WAC 173-303-400, 173-303-505, 173-303-520, or 173-303-525, or 40 CFR Part 266 Subpart H 40 CFR, whichever first occurs;
(iii) For generators generating greater than 220 pounds but less than 2200 pounds of dangerous waste in a calendar month and treats, stores, or disposes of these wastes on-site, by March 24, 1987.
(b) The owner or operator of an existing dangerous waste management facility may be required to submit part B of their permit application. The department may require submission of part B if the department has received interim or final authorization; if not, the EPA Regional Administrator may require submission of part B. Any owner or operator will be allowed at least six months from the date of request to submit part B of the application. Any owner or operator of an existing dangerous waste management facility may voluntarily submit part B of the application at any time. Notwithstanding the above, any owner or operator of an existing dangerous waste management facility must submit a part B permit application in accordance with the dates specified in WAC 173-303-805(8). Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under the Hazardous Waste Management Act or RCRA that render the facility subject to the requirement to have an RCRA permit must submit a part B application in accordance with the dates specified in WAC 173-303-805(8).
(c) Failure to furnish a requested part B application on time, or to furnish in full the information required by the part B application, is grounds for termination of interim status under WAC 173-303-840.
(3) Contents of part A of the permit application. Part A of the final facility permit application must include the following information:
(a) The activities conducted by the applicant that require it to obtain a permit under the Hazardous Waste Management Act;
(b) Name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted;
(c) Up to four NAICS codes that best reflect the principal products or services provided by the facility;
(d) The operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity;
(e) The name, address, and phone number of the owner of the facility;
(f) Whether the facility is located on tribal lands;
(g) An indication of whether the facility is new or existing and whether it is a first or revised application;
(h) For existing facilities:
(i) A scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and
(ii) Photographs of the facility clearly delineating all existing structures, existing treatment, storage, and disposal areas, and sites of future treatment, storage, and disposal areas;
(i) A description of the processes to be used for treating, storing, and disposing of dangerous waste, and the design capacity of these items;
(j) A specification of the dangerous wastes listed or designated under WAC 173-303-070 to be treated, stored, or disposed of at the facility, an estimate of the quantity of those wastes to be treated, stored, or disposed annually, and a general description of the processes to be used for the wastes;
(k) A listing of all permits or construction approvals received or applied for under any of the following programs:
(i) Hazardous waste management program;
(ii) UIC program under the SWDA;
(iii) NPDES program under the CWA;
(iv) Prevention of Significant Deterioration (PSD) program under the Clean Air Act;
(v) Nonattainment program under the Clean Air Act;
(vi) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;
(vii) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act;
(viii) Dredge or fill permits under section 404 of the CWA;
(ix) Other relevant environmental permits, including state permits;
(l) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its dangerous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary;
(m) A brief description of the nature of the business;
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.
(4) New TSD facilities.
(a) Except as provided in 40 CFR 270.10 (f)(3) for TSCA facilities, no person may begin physical construction of a new TSD facility without having submitted parts A and B of the permit application and having received a finally effective final facility permit.
(b) An application for a permit for a new TSD facility (including both parts A and B) may be filed any time after adoption of those standards in WAC 173-303-630 that apply to such a facility. The application must be filed with the EPA Regional Administrator if at the time of application the state in which the new TSD facility is proposed to be located has not received interim or final authorization for permitting such facility; otherwise it must be filed with the department. Except as provided in paragraph 40 CFR 270.10 (f)(3), all applications must be submitted at least one hundred eighty days before physical construction is expected to begin.
(5)(a) Updating permit applications.
(i) If any owner or operator of a dangerous waste management facility has filed part A of a permit application and has not yet filed part B, the owner or operator must file an amended part A application:
(A) With the EPA Regional Administrator if the department has not obtained interim authorization or final authorization, within six months after the adoption of revised regulations under 40 CFR Part 261 listing or identifying additional hazardous wastes, if the facility is treating, storing, or disposing of any of those newly listed or identified wastes;
(B) With the department, if it has obtained interim authorization or final authorization, no later than the effective date of regulatory provisions listing or designating wastes as dangerous in addition to those listed or designated under the previously approved state program, if the facility is treating, storing, or disposing of any of those newly listed or designated wastes; or
(C) As necessary to comply with provisions of WAC 173-303-805(7) for changes during interim status. Revised part A applications necessary to comply with the provisions of WAC 173-303-805(7) must be filed with the department.
(b) The owner or operator of a facility who fails to comply with the updating requirements of (a)(i) of this subsection does not receive interim status as to the wastes not covered by duly filed part A applications.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-803, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-803, filed 5/10/00, effective 6/10/00.]
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173-303-804
Emergency permits.
Requirements for an emergency permit. In the event the department finds that an imminent and substantial endangerment to human health or the environment exists, the department may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal (TSD) of dangerous waste at a nonpermitted facility, or at a facility covered by an effective permit that does not otherwise allow treatment, storage, or disposal of such dangerous waste. Notice of the issuance of an emergency permit will be given to the fire marshal, police department, and other local emergency service agencies with jurisdiction near the location of the facility. The emergency permit:
(1) May be oral or written. If oral, it will be followed within five days by a written emergency permit;
(2) Will not exceed ninety days in duration for dangerous wastes;
(3) Will not exceed one hundred eighty days in duration for special waste;
(4) Will clearly specify the dangerous wastes to be received, and the manner and location of their treatment, storage, or disposal;
(5) May be terminated by the department at any time without following the decision making procedures of WAC 173-303-840 if the department determines that termination is appropriate to protect public health and the environment;
(6)(a) Will be accompanied by a public notice published under WAC 173-303-840 (3)(d) that includes:
(i) The name and address of the department;
(ii) The name and location of the permitted TSD facility;
(iii) A brief description of the wastes involved;
(iv) A brief description of the action authorized and reasons for authorizing it; and
(v) The duration of the emergency permit; and
(b) Will be given public notice by:
(i) Publication in a daily newspaper within the area affected;
(ii) By radio broadcast within the area affected;
(iii) By mailing a copy of the public notice to the persons described in WAC 173-303-840 (3)(e)(i); and
(iv) Any other method reasonably determined to give actual notice of the emergency permit to persons potentially affected by it; and
(7) Will incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter.
[Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. 00-11-040 (Order 99-01), § 173-303-804, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-804, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-804, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 86-12-057 (Order DE-85-10), § 173-303-804, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-804, filed 4/18/84.]
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173-303-805
Interim status permits.
(1)(a) Applicability. This section applies to all facilities eligible for an interim status permit. When a facility is owned by one person but is operated by another person, it is the operator's duty to qualify for interim status, except that the owner must also sign an interim status application. Prior to submittal of an interim status permit application the requirements of WAC 173-303-281 must be met.
(b) Any person who owns or operates an "existing dangerous waste TSD facility" or a facility in existence on the effective date of statutory or regulatory amendments under the Hazardous Waste Management Act or RCRA that renders the facility subject to the requirement to have a dangerous waste permit will have interim status and will be treated as having been issued a permit to the extent he or she has:
(i) Complied with the requirements of WAC 173-303-060 pertaining to notification of dangerous waste activity.
(Comment: Some existing facilities may not be required to file a notification under WAC 173-303-060. These facilities may qualify for interim status by meeting (b)(ii) of this subsection.)
(ii) Complied with the requirements of WAC 173-303-803 governing submission of part A applications.
(c) This subsection (1) will not apply to any facility that has been previously denied a final facility permit or if authority to operate the facility under the Hazardous Waste Management Act has been previously terminated.
(2) Failure to qualify for interim status. If the department has reason to believe upon examination of a Part A application that it fails to provide the required information, it will notify the owner or operator in writing of the apparent deficiency. Such notice will specify the grounds for the department's belief that the application is deficient. The owner or operator will have thirty days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his Part A application. If, after such notification and opportunity for response, the department determines that the application is deficient it may take appropriate enforcement action.
(3) Interim status for facilities under RCRA interim status. Any existing facility operating under interim status gained under section 3005 of RCRA will be deemed to have an interim status permit under this chapter provided that the owner/operator complies with the applicable requirements of WAC 173-303-400 and this section.
(4) Interim status for facilities managing state-designated (non-RCRA) dangerous wastes. Any existing facility which does not satisfy subsection (3) of this section, but which is only managing dangerous wastes that are not hazardous wastes under 40 CFR Part 261, will be deemed to have an interim status permit provided that the owner/operator of the facility has complied with the notification requirements of WAC 173-303-060 by May 11, 1982 and has submitted Part A of his permit application by August 9, 1982. If an existing facility becomes subject to this chapter due to amendments to this chapter and the facility was not previously subject to this chapter, then the owner/operator of an existing facility may qualify for an interim status permit by complying with the notification requirements of WAC 173-303-060 within three months, and submitting Part A of his permit application within six months, after the adoption date of the amendments which cause the facility to be subject to the requirements of this chapter. Facilities qualifying for interim status under this subsection will not be deemed to have interim status under section 3005 of RCRA, and may only manage non-RCRA wastes until they either qualify separately for interim status under section 3005 of RCRA or receive a final status facility permit allowing them to manage RCRA wastes.
(5) Maintaining the interim status permit.
(a) Timely notification and submission of a Part A application qualifies the owner/operator of the existing TSD facility for the interim status permit, until the department terminates interim status pursuant to subsection (8) of this section.
(b) Interim status for the existing TSD facility will be maintained while the department makes final administrative disposition of a final facility permit pursuant to WAC 173-303-806 if:
(i) The owner/operator has submitted his final facility permit application (as described in WAC 173-303-806) within six months of the written request by the department to submit such application; and
(ii) Grounds for terminating interim status (as described in subsection (8) of this section) do not exist.
(c) The owner/operator of an interim status facility must update his Part A whenever he is managing wastes that are newly regulated under this chapter, and as necessary to comply with subsection (7) of this section. Failure to comply with this updating requirement is a violation of interim status.
(6) Prohibitions for interim status permits. Facilities with an interim status permit must not:
(a) Treat, store, or dispose of dangerous waste not specified in Part A of the permit application;
(b) Employ processes not specified in Part A of the permit application; or
(c) Exceed the design capacities specified in Part A of the permit application.
(7) Changes during interim status.
(a) Except as provided in (b) of this subsection, the owner or operator of an interim status facility may make the following changes at the facility:
(i) Treatment, storage, or disposal of new dangerous wastes not previously identified in Part A of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to treat, store, or dispose of the dangerous wastes on the effective date of the listing or identification) if the owner or operator submits a revised Part A permit application prior to such treatment, storage, or disposal (along with a justification detailing the equipment and process or processes that the owner or operator will use to treat, store, or dispose of the new dangerous wastes) and if the department does not explicitly deny the changes within sixty days of receipt of the revised application;
(ii) Increases in the design capacity of processes used at the facility if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change), the requirements of WAC 173-303-281 are met, and the department approves the changes because:
(A) There is a lack of available treatment, storage, or disposal capacity at other dangerous waste management facilities; or
(B) The change is necessary to comply with a federal, state, or local requirement.
(iii) Changes in the processes for the treatment, storage, or disposal of dangerous waste or addition of processes if the owner or operator submits a revised Part A permit application prior to such change (along with a justification explaining the need for the change) and the department approves the change because:
(A) The change is necessary to prevent a threat to human health and the environment because of an emergency situation; or
(B) The change is necessary to comply with a federal, state, or local requirement.
(iv) Changes in the ownership or operational control of a facility if the new owner or operator submits a revised Part A permit application no later than ninety days prior to the scheduled change. When a transfer of operational control of a facility occurs, the old owner or operator must comply with the interim status financial requirements of 40 CFR Part 265, Subpart H (as referenced in WAC 173-303-400), until the new owner or operator has demonstrated to the department that he is complying with the financial requirements. Upon demonstration to the department by the new owner or operator of compliance with the interim status financial requirements, the department will notify the old owner or operator in writing that he no longer needs to comply with the interim status financial requirements as of the date of demonstration. The new owner or operator must demonstrate compliance with the financial requirements within six months of the date of the change in ownership or operational control of the facility. All other interim status duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility.
(v) Changes made in accordance with an interim status corrective action order issued by EPA under section 3008(h) of RCRA or other federal authority, including an order or consent decree issued pursuant to WAC 173-303-64620 or 173-303-64630, by the department under chapter 70.105 RCW or other state authority, or by a court in a judicial action brought by EPA or by the department. Changes under this subsection (7)(a)(v) are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(vi) Addition of newly regulated units for the treatment, storage, or disposal of dangerous waste if the owner or operator submits a revised Part A permit application on or before the date on which the unit becomes subject to the new requirements.
(b) Except as specifically allowed under this subsection (7)(b), changes listed under (a) of this subsection may not be made if they amount to reconstruction of the dangerous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds fifty percent of the capital cost of a comparable entirely new dangerous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction:
(i) Changes made solely for the purposes of complying with the requirements of WAC 173-303-640(4) for tanks and ancillary equipment.
(ii) If necessary to comply with federal, state, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of section 3004(o) of RCRA.
(iii) Changes that are necessary to allow owners or operators to continue handling newly listed or identified dangerous wastes that have been treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification.
(iv) Changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan.
(v) Changes necessary to comply with an interim status corrective action order issued by EPA under section 3008(h) or other federal authority, by the department under chapter 70.105 RCW or other state authority, or by a court in a judicial proceeding brought by EPA or an authorized state, provided that such changes are limited to the treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(vi) Changes to treat or store, in tanks, containers, or containment buildings hazardous wastes subject to land disposal restrictions imposed by 40 CFR Part 268 or RCRA section 3004, provided that such changes are made solely for the purpose of complying with 40 CFR Part 268 or RCRA section 3004.
(vii) Addition of newly regulated units under (a)(vi) of this subsection.
(viii) Changes necessary to comply with standards under 40 CFR part 63, subpart EEE -- National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors, which are incorporated by reference at WAC 173-400-075 (5)(a).
(8) Termination of interim status permit. The following are causes for terminating an interim status permit, or for denying a revised permit application:
(a) Final administrative disposition of a final facility permit application is made pursuant to WAC 173-303-806;
(b) When the department on examination or reexamination of a Part A application determines that it fails to meet the applicable standards of this chapter, it may notify the owner or operator that the application is deficient and that the interim status permit has been revoked. The owner or operator will then be subject to enforcement for operating without a permit;
(c) Failure to submit a requested Part B application on time, or to provide in full the information required in the Part B application;
(d) Violation of applicable interim status standards;
(e) A determination that the permit applicant has failed to satisfy the performance standards of WAC 173-303-283;
(f) For owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, interim status terminated on November 8, 1985, unless:
(i) The owner or operator submits a Part B application for a permit for such facility prior to that date; and
(ii) The owner or operator certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.
(g) For owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Hazardous Waste Management Act that render the facility subject to the requirement to have a final facility permit and which is granted interim status, interim status terminates twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:
(i) Submits a Part B application for a final facility permit for such facility before the date twelve months after the date on which the facility first becomes subject to such permit requirement; and
(ii) Certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements.
(h) For owners or operators of any land disposal unit that is granted authority to operate under subsection (7)(a)(i), (ii) or (iii) of this section, interim status terminates on the date twelve months after the effective date of such requirement, unless the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and financial responsibility requirements;
(i) For owners and operators of each incinerator facility which achieved interim status prior to November 8, 1984, interim status terminated on November 8, 1989, unless the owner or operator of the facility submitted a Part B application for a final facility permit for an incinerator facility by November 8, 1986; or
(j) For owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminated on November 8, 1992, unless the owner or operator of the facility submitted a Part B application for a final facility permit for the facility by November 8, 1988.
(9) Reserve.
[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-805, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), § 173-303-805, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-805, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-805, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-805, 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), § 173-303-805, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), § 173-303-805, filed 1/4/89; 88-18-083 (Order 88-29), § 173-303-805, filed 9/6/88; 88-07-039 (Order 87-37), § 173-303-805, filed 3/11/88; 87-14-029 (Order DE-87-4), § 173-303-805, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-805, filed 6/3/86; 84-09-088 (Order DE 83-36), § 173-303-805, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-805, filed 2/10/82.]
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173-303-806
Final facility permits.
(1) Applicability. This section applies to all dangerous waste facilities required to have a final facility permit. The final facility permit requirements are applicable to:
(a) Final status TSD facilities; and
(b) Certain recycling facilities that are not exempt from the permit requirements.
(2)(a) Application. Any person subject to the permit requirements of this section who intends to operate a new TSD facility must comply with WAC 173-303-281 and apply for a final facility permit. The department may, at any time, require the owner or operator of an existing TSD facility to apply for a final facility permit. Such owner or operator will be allowed one hundred eighty days to submit his application; the department may extend the length of the application period if it finds that there are good reasons to do so. The owner or operator of an existing TSD facility may voluntarily apply for a final facility permit at any time. Any person seeking a final facility permit must complete, sign, and submit an application to the department. An application must consist of a Part A permit form (which can be obtained from the department), and the contents of Part B as specified in subsection (4) of this section. The requirements for the contents of a part A permit application are at WAC 173-303-803(4).
(b) Persons covered by permits by rule (WAC 173-303-802) need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in WAC 173-303-804. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in WAC 173-303-809.
(3) Effective regulations. A final facility permit will include all applicable requirements of this chapter which are in effect on the date that the permit is issued by the department. WAC 173-303-840(7) provides a means for reopening permit proceedings at the discretion of the department where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. Any other changes to the final facility permit will be in accordance with the permit modification requirements of WAC 173-303-830.
(4) Contents of Part B. Part B of a permit application must consist of the information required in (a) through (m) of this subsection.
(a) General requirements. Part B of the permit application consists of the general information requirements of this subsection, and the specific information requirements in (b) through (h) of this subsection as applicable to the facility. The Part B information requirements presented in (a) through (h) of this subsection, reflect the standards promulgated in WAC 173-303-600. These information requirements are necessary in order for the department to determine compliance with WAC 173-303-600 through 173-303-670. If owners and operators of TSD facilities can demonstrate that the information prescribed in Part B cannot be provided to the extent required, the department may make allowance for submission of such information on a case-by-case basis. Information required in Part B must be submitted to the department and signed in accordance with requirements in WAC 173-303-810(12). Certain technical data, such as design drawings and specifications, and engineering studies must be certified by a registered professional engineer. The following information is required for all TSD facilities, except as WAC 173-303-600(3) provides otherwise.
(i) A general description of the facility.
(ii) Chemical, biological, and physical analyses of the dangerous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with WAC 173-303-600.
(iii) A copy of the waste analysis plan required by WAC 173-303-300(5) and, if applicable WAC 173-303-300 (5)(g).
(iv) A description of the security procedures and equipment required by WAC 173-303-310, or a justification demonstrating the reasons for requesting a waiver of this requirement.
(v) A copy of the general inspection schedule required by WAC 173-303-320(2): Include where applicable, as part of the inspection schedule, specific requirements in WAC 173-303-395 (1)(d), 173-303-630(6), 173-303-640 (4)(a)(i) and (6), 173-303-650(4), 173-303-655(4), 173-303-660 (4) and (5), 173-303-665(4), 173-303-670(7), and 173-303-680(3), and 40 CFR 264.1033, 264.1035, 264.1052, 264.1053, 264.1058, 264.1064, 264.1067, 264.1084, 264.1085, 264.1086, and 264.1088.
(vi) A justification of any request for a waiver(s) of the preparedness and prevention requirements of WAC 173-303-340, or a description of the procedures used to comply with these requirements. (continued)