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(continued)

(A) Class 1 modifications apply to minor changes that keep the permit current with routine changes to the facility or its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment. In the case of Class 1 modifications, the director may require prior approval.

(B) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner, to:

(I) Common variations in the types and quantities of the wastes managed under the facility permit;

(II) Technological advancements; and

(III) Changes necessary to comply with new regulations, where these changes can be implemented without substantially changing design specifications or management practices in the permit.

(C) Class 3 modifications substantially alter the facility or its operation.

(e) Temporary authorizations.

(i) Upon request of the permittee, the director may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subsection. Temporary authorizations must have a term of not more than one hundred eighty days.

(ii)(A) The permittee may request a temporary authorization for:

(I) Any Class 2 modification meeting the criteria in (e)(iii)(B) of this subsection; and

(II) Any Class 3 modification that meets the criteria in (e)(iii)(B)(I) or (II) of this subsection; or that meets the criteria in (e)(iii)(B)(III) through (V) of this subsection and provides improved management or treatment of a dangerous waste already listed in the facility permit.

(B) The temporary authorization request must include:

(I) A description of the activities to be conducted under the temporary authorization;

(II) An explanation of why the temporary authorization is necessary; and

(III) Sufficient information to ensure compliance with the standards in WAC 173-303-280 through 173-303-395 and 173-303-600 through 173-303-680.

(C) The permittee must send a notice about the temporary authorization request to all persons on the facility mailing list maintained by the director and to appropriate units of state and local governments as specified in WAC 173-303-840 (3)(e)(i)(D). This notification must be made within seven days of submission of the authorization request.

(iii) The director will approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the director must find:

(A) The authorized activities are in compliance with the standards of WAC 173-303-280 through 173-303-395 and 173-303-600 through 173-303-680.

(B) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:

(I) To facilitate timely implementation of closure or corrective action activities;

(II) To allow treatment or storage in tanks, containers, or in containment buildings in accordance with 40 CFR Part 268;

(III) To prevent disruption of ongoing waste management activities;

(IV) To enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or

(V) To facilitate other changes to protect human health and the environment.

(iv) A temporary authorization may be reissued for one additional term of up to one hundred eighty days provided that the permittee has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization, and:

(A) The reissued temporary authorization constitutes the director's decision on a Class 2 permit modification in accordance with (b)(vi)(A)(IV) or (B)(IV) of this subsection; or

(B) The director determines that the reissued temporary authorization involving a Class 3 permit modification request is warranted to allow the authorized activities to continue while the modification procedures of (c) of this subsection are conducted.

(f) Public notice and appeals of permit modification decisions.

(i) The director will notify persons on the facility mailing list and appropriate units of state and local government within ten days of any decision under this section to grant or deny a Class 2 or 3 permit modification request. The director will also notify such persons within ten days after an automatic authorization for a Class 2 modification goes into effect under (b)(vi)(C) or (E) of this subsection.

(ii) The director's decision to grant or deny a Class 2 or 3 permit modification request under this section may be appealed under the permit appeal procedures of WAC 173-303-845.

(iii) An automatic authorization that goes into effect under (b)(vi)(C) or (E) of this subsection may be appealed under the permit appeal procedures of WAC 173-303-845; however, the permittee may continue to conduct the activities pursuant to the automatic authorization until the appeal has been granted pursuant to WAC 173-303-845, notwithstanding the provisions of WAC 173-303-840 (8)(b).

(g) Newly regulated wastes and units.

(i) The permittee is authorized to continue to manage wastes listed or identified as dangerous under WAC 173-303-070, or to continue to manage dangerous waste in units newly regulated as dangerous waste management units, if:

(A) The unit was in existence as a dangerous waste facility with respect to the newly listed or identified waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit;

(B) The permittee submits a Class 1 modification request on or before the date on which the waste or unit becomes subject to the new requirements;

(C) The permittee is in compliance with the applicable standards of 40 CFR Part 265 (as referenced in WAC 173-303-400) and Part 266 (as referenced in WAC 173-303-510);

(D) The permittee also submits a complete Class 2 or 3 permit modification request within one hundred eighty days of the effective date of the rule listing or identifying the waste, or subjecting the unit to management standards under this chapter; and

(E) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable requirements of 40 CFR Part 265 for ground water monitoring and financial responsibility (as referenced in WAC 173-303-400) on the date twelve months after the effective date of the rule identifying or listing the waste as dangerous, or regulating the unit as a dangerous waste management unit. If the owner or operator fails to certify compliance with all these requirements, he or she will lose authority to operate under this section.

(ii) New wastes or units added to a facility's permit under this subsection do not constitute expansions for the purpose of the twenty-five percent capacity expansion limit for Class 2 modifications.

(h) Military dangerous waste munitions treatment and disposal. The permittee is authorized to continue to accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:

(i) The facility was in existence as a dangerous waste facility, and the facility was already permitted to handle the waste military munitions, on the date when the waste military munitions became subject to dangerous waste regulatory requirements;

(ii) On or before the date when the waste military munitions become subject to dangerous waste regulatory requirements, the permittee submits a Class 1 modification request to remove or amend the permit provision restricting the receipt of off-site waste munitions; and

(iii) The permittee submits a complete Class 2 modification request within one hundred eighty days of the date when the waste military munitions became subject to dangerous waste regulatory requirements.

(i) Permit modification list. The director must maintain a list of all approved permit modifications and must publish a notice once a year in a statewide newspaper that an updated list is available for review.

(j) Combustion facility changes to meet 40 CFR part 63 MACT standards. (Note that 40 CFR part 63 subpart EEE is incorporated by reference at WAC 173-400-075 (5)(a). If you are subject to Part 63, you must get an air permit from ecology or the local air authority.) The following procedures apply to hazardous waste combustion facility permit modifications requested under Appendix I of this section, section L.9.

(i) Facility owners or operators must have complied with the Notification of Intent to Comply requirements of 40 CFR 63.1210 that were in effect prior to October 11, 2000 (see 40 CFR Part 63 revised as of July 1, 2000) in order to request a permit modification under this section.

(ii) If the department does not approve or deny the request within ninety days of receiving it, the request will be deemed approved. The director may extend this ninety-day deadline one time for up to thirty days by notifying the facility owner or operator.


APPENDIX I

Modifications
Class

A. General Permit Provisions
1. Administrative and informational changes . . . . . . . . . . . . 1
2. Correction of typographical errors . . . . . . . . . . . . 1
3. Equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls) . . . . . . . . . . . . 1
4. Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee:
a. To provide for more frequent monitoring, reporting, sampling, or maintenance . . . . . . . . . . . . 1
b. Other changes . . . . . . . . . . . . 2
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval of the director . . . . . . . . . . . . 11
b. Extension of final compliance date . . . . . . . . . . . . 3
6. Changes in expiration date of permit to allow earlier permit termination, with prior approval of the director . . . . . . . . . . . . 11
7. Changes in ownership or operational control of a facility, provided the procedures of subsection (2)(b) of this section are followed . . . . . . . . . . . . 11
8. Changes to remove permit conditions that are no longer applicable (i.e., because the standards upon which they are based are no longer applicable to the facility). 11
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with agency guidance or regulations . . . . . . . . . . . . 1
b. To incorporate changes associated with F039 (multisource leachate) sampling or analysis methods . . . . . . . . . . . . 11
c. To incorporate changes associated with underlying dangerous constituents in ignitable or corrosive wastes . . . . . . . . . . . . 11
d. Other changes . . . . . . . . . . . . 2
2. Changes to analytical quality assurance/control plan:
a. To conform with agency guidance or regulations . . . . . . . . . . . . 1
b. Other changes . . . . . . . . . . . . 2
3. Changes in procedures for maintaining the operating record . . . . . . . . . . . . 1
4. Changes in frequency or content of inspection schedules . . . . . . . . . . . . 2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training given to employees . . . . . . . . . . . . 2
b. Other changes . . . . . . . . . . . . 1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release response procedures) . . . . . . . . . . . . 2
b. Replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed . . . . . . . . . . . . 1
c. Removal of equipment from emergency equipment list . . . . . . . . . . . . 2
d. Changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan . . . . . . . . . . . . 1
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet the design specification . . . . . . . . . . . . 1
b. Other changes . . . . . . . . . . . . 2
Note: When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change will be reviewed under the same procedures as the permit modification.

C. Ground Water Protection
1. Changes to wells:
a. Changes in the number, location, depth, or design of upgradient or downgradient wells of permitted ground water monitoring system . . . . . . . . . . . . 2
b. Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well . . . . . . . . . . . . 1
2. Changes in ground water sampling or analysis procedures or monitoring schedule, with prior approval of the director . . . . . . . . . . . . 11
3. Changes in statistical procedure for determining whether a statistically significant change in ground water quality between upgradient and downgradient wells has occurred, with prior approval of the director . . . . . . . . . . . . 11
4. Changes in point of compliance . . . . . . . . . . . . 12
5. Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs):
a. As specified in the ground water protection

standard . . . . . . . . . . . . 3
b. As specified in the detection monitoring

program . . . . . . . . . . . . 2
6. Changes to a detection monitoring program as required by WAC 173-303-645(9), unless otherwise specified in this appendix . . . . . . . . . . . . 2
7. Compliance monitoring program:
a. Addition of compliance monitoring program as required by WAC 173-303-645 (9) and (10) . . . . . . . . . . . . 3
b. Changes to a compliance monitoring program as required by WAC 173-303-645(10), unless otherwise specified in this appendix . . . . . . . . . . . . 2
8. Corrective action program:
a. Addition of a corrective action program as

required by WAC 173-303-645 (10)(i)(ii) and (11) . . . . . . . . . . . . 3
b. Changes to a corrective action program as

required by WAC 173-303-645 (11)(h), unless otherwise specified in this appendix . . . . . . . . . . . . 2
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the director . . . . . . . . . . . . 11
b. Changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the director . . . . . . . . . . . . 11
c. Changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the director . . . . . . . . . . . . 11
d. Changes in procedures for decontamination of facility equipment or structures, with prior approval of the director . . . . . . . . . . . . 11
e. Changes in approved closure plan resulting from unexpected events occurring during partial or final closure, unless otherwise specified in this appendix . . . . . . . . . . . . 2
f. Extension of the closure period to allow a landfill, surface impoundment, or land treatment unit to receive nondangerous wastes after final receipt of dangerous wastes under WAC 173-303-610 (4)(d) and (e) . . . . . . . . . . . . 2
2. Creation of a new landfill unit as part of

closure . . . . . . . . . . . . 3
3. Addition of the following new units to be used temporarily for closure activities:
a. Surface impoundments . . . . . . . . . . . . 3
b. Incinerators . . . . . . . . . . . . 3
c. Waste piles that do not comply with WAC 173-303-660 (1)(c) . . . . . . . . . . . . 3
d. Waste piles that comply with WAC 173-303-660 (1)(c) . . . . . . . . . . . . 2
e. Tanks or containers (other than specified

below) . . . . . . . . . . . . 2
f. Tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the director . . . . . . . . . . . . 11
g. Staging piles . . . . . . . . . . . . 2
E. Post-Closure
1. Changes in name, address, or phone number of contact in post-closure plan . . . . . . . . . . . . 1
2. Extension of post-closure care period . . . . . . . . . . . . 2
3. Reduction in the post-closure care period . . . . . . . . . . . . 3
4. Changes to the expected year of final closure, where other permit conditions are not changed . . . . . . . . . . . . 1
5. Changes in post-closure plan necessitated by events occurring during the active life of the facility, including partial and final closure . . . . . . . . . . . . 2
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's container storage capacity, except as provided in F (1)(c) and F (4)(a) below . . . . . . . . . . . . 3
b. Resulting in up to 25% increase in the facility's container storage capacity, except as provided in F (1)(c) and F (4)(a) below . . . . . . . . . . . . 2
c. Or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii), with prior approval of the director. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 11
2:
a. Modification of a container unit without increasing the capacity of the unit . . . . . . . . . . . . 2
b. Addition of a roof to a container unit without alteration of the containment system . . . . . . . . . . . . 1
3. Storage of different wastes in containers:
a. That require additional or different management practices from those authorized in the permit, except as provided in F(4) below . . . . . . . . . . . . 3
b. That do not require additional or different management practices from those authorized in the permit . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

4. Storage or treatment of different wastes in containers:
a. That require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards, or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 11
b. That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
G. Tanks
1:
a. Modification or addition of tank units resulting in greater than 25% increase in the facility's tank capacity, except as provided in G (1)(c), G (1)(d), and G (1)(e) below . . . . . . . . . . . . 3
b. Modification or addition of tank units resulting in up to 25% increase in the facility's tank capacity, except as provided in G (1)(d) and G (1)(e) below . . . . . . . . . . . . 2
c. Addition of a new tank that will operate for more than 90 days using any of the following physical or chemical treatment technologies: Neutralization, dewatering, phase separation, or component separation . . . . . . . . . . . . 2
d. After prior approval of the director, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: Neutralization, dewatering, phase separation, or component separation . . . . . . . . . . . . 11
e. Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii), with prior approval of the director. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 11
2. Modification of a tank unit or secondary containment system without increasing the capacity of the unit . . . . . . . . . . . . 2
3. Replacement of a tank with a tank that meets the same design standards and has a capacity within 10% of the replaced tank provided . . . . . . . . . . . . 1
-The capacity difference is no more than 1500 gallons,
-The facility's permitted tank capacity is not increased, and
-The replacement tank meets the same conditions in the permit.
4. Modification of a tank management practice . . . . . . . . . . . . 2
5. Management of different wastes in tanks:
a. That require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in G (5)(c) below . . . . . . . . . . . . 3
b. That do not require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process than authorized in the permit, except as provided in G (5)(d) . . . . . . . . . . . . 2
c. That require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii). The modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 11
(d) That do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received waste of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

H. Surface Impoundments
1. Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity . . . . . . . . . . . . 3
2. Replacement of a surface impoundment unit . . . . . . . . . . . . 3
3. Modification of a surface impoundment unit without increasing the facility's surface impoundment storage or treatment capacity and without modifying the unit's liner, leak detection system, or leachate collection system . . . . . . . . . . . . 2
4. Modification of a surface impoundment management practice . . . . . . . . . . . . 2
5. Treatment, storage, or disposal of different wastes in surface impoundments:
a. That require additional or different management practices or different design of the liner or leak detection system than authorized in the permit . . . . . . . . . . . . 3
b. That do not require additional or different management practices or different design of the liner or leak detection system than authorized in the permit . . . . . . . . . . . . 2
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii), and provided that the unit meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2), and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
6. Modifications of unconstructed units to comply with WAC 173-303-650 (2)(j), (10), (11), and (4)(d) . . . . . . . . . . . . *1
7. Changes in response action plan:
a. Increase in action leakage rate . . . . . . . . . . . . 3
b. Change in a specific response reducing its frequency or effectiveness . . . . . . . . . . . . 3
c. Other changes . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.
I. Enclosed Waste Piles. For all waste piles except those complying with WAC 173-303-660 (1)(c), modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with WAC 173-303-660 (1)(c).
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's waste pile storage or treatment capacity . . . . . . . . . . . . 3
b. Resulting in up to 25% increase in the facility's waste pile storage or treatment capacity . . . . . . . . . . . . 2
2. Modification of waste pile unit without increasing the capacity of the unit . . . . . . . . . . . . 2
3. Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit . . . . . . . . . . . . 1
4. Modification of a waste pile management practice . . . . . . . . . . . . 2
5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management practices or different design of the unit . . . . . . . . . . . . 3
b. That do not require additional or different management practices or different design of the unit . . . . . . . . . . . . 2
6. Conversion of an enclosed waste pile to a containment building unit . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in increasing the facility's disposal capacity . . . . . . . . . . . . 3
2. Replacement of a landfill . . . . . . . . . . . . 3
3. Addition or modification of a liner, leachate collection system, leachate detection system, run-off control, or final cover system . . . . . . . . . . . . 3
4. Modification of a landfill unit without changing a liner, leachate collection system, leachate detection system, run-off control, or final cover system . . . . . . . . . . . . 2
5. Modification of a landfill management

practice . . . . . . . . . . . . 2
6. Landfill different wastes:
a. That require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system . . . . . . . . . . . . 3
b. That do not require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system . . . . . . . . . . . . 2
c. That are wastes restricted from land disposal that meet the applicable treatment standards or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in 40 CFR 268.8 (a)(2)(ii), and provided that the landfill unit meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
d. That are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in 40 CFR 268.5 (h)(2), and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028) . . . . . . . . . . . . 1
7. Modifications of unconstructed units to comply with WAC 173-303-660 (2)(j), (11), (12), (5)(c), 173-303-665 (2)(h), (8), (4)(c), and (9) . . . . . . . . . . . . *1
8. Changes in response action plan:
a. Increase in action leakage rate . . . . . . . . . . . . 3
b. Change in a specific response reducing its frequency or effectiveness. . . . . . . . . . . . . 3
c. Other changes . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

K. Land Treatment
1. Lateral expansion of or other modification of a land treatment unit to increase areal extent . . . . . . . . . . . . 3
2. Modification of run-on control system . . . . . . . . . . . . 2
3. Modify run-off control system . . . . . . . . . . . . 3
4. Other modifications of land treatment unit component specifications or standards required in permit . . . . . . . . . . . . 2
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or unit design specifications . . . . . . . . . . . . 3
b. That do not require a change in permit operating conditions or unit design specifications . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

6. Modification of a land treatment unit management practice to:
a. Increase rate or change method of waste

application . . . . . . . . . . . . 3
b. Decrease rate of waste application . . . . . . . . . . . . 2
7. Modification of a land treatment unit management practice to change measures of pH or moisture content, or to enhance microbial or chemical reactions . . . . . . . . . . . . 2
8. Modification of a land treatment unit management practice to grow food chain crops, to add to or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops . . . . . . . . . . . . 3
9. Modification of operating practice due to detection of releases from the land treatment unit pursuant to WAC 173-303-655 (6)(g)(ii) . . . . . . . . . . . . 3
10. Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements . . . . . . . . . . . . 3
11. Changes in the unsaturated zone monitoring system that do not result in a change to the location, depth, number of sampling points, or that replace unsaturated zone monitoring devices or components of devices with devices or components having specifications different from permit requirements . . . . . . . . . . . . 2
12. Changes in background values for hazardous constituents in soil and soil-pore liquid . . . . . . . . . . . . 2
13. Changes in sampling, analysis, or statistical procedure . . . . . . . . . . . . 2
14. Changes in land treatment demonstration program prior to or during the demonstration . . . . . . . . . . . . 2
15. Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the director's prior approval has been received . . . . . . . . . . . . 2
16. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the director . . . . . . . . . . . . 2
17. Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration . . . . . . . . . . . . 3
18. Changes in vegetative cover requirements for closure . . . . . . . . . . . . 2
L. Incinerators, Boilers, and Industrial Furnaces
1. Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means . . . . . . . . . . . . 3
2. Changes to increase by up to 25% any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means . . . . . . . . . . . . 2
3. Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove HC1/C12, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace that could affect its capability to meet the regulatory performance standards. The director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means . . . . . . . . . . . . 3
4. Modification of an incinerator, boiler, or industrial furnace unit in a manner that would not likely affect the capability of the unit to meet the regulatory performance standards but which would change the operating conditions or monitoring requirements specified in the permit. The director may require a new trial burn to demonstrate compliance with the regulatory performance standards . . . . . . . . . . . . 2
5. Operating requirements:
a. Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means . . . . . . . . . . . . 3
b. Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls . . . . . . . . . . . . 3
c. Modification of any other operating condition or any inspection or recordkeeping requirement specified in the permit . . . . . . . . . . . . 2
6. Burning different wastes:
a. If the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The director will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means . . . . . . . . . . . . 3
b. If the waste does not contain a POHC that is more difficult to burn than authorized by the permit and if burning of the waste does not require compliance with different regulatory performance standards than specified in the permit . . . . . . . . . . . . 2
Note: See (g) of this subsection for modification procedures to be used for the management of newly listed or identified wastes.

7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit conditions applicable during the shakedown period for determining operational readiness after construction, the trial burn period, or the period immediately following the trial burn . . . . . . . . . . . . 2
b. Authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the director . . . . . . . . . . . . 11
c. Changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the director . . . . . . . . . . . . 11
d. Changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the director . . . . . . . . . . . . 11
8. Substitution of an alternate type of nondangerous fuel that is not specified in the permit . . . . . . . . . . . . 1
9. Technology changes needed to meet standards under 40 CFR part 63 (subpart EEE-National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors), that are incorporated by reference at WAC 173-400-075 (5)(a) provided the procedures of WAC 173-303-830 (4)(j) are followed. 11
M. Containment Buildings
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's containment building storage or treatment capacity. . . . . . . . . . . . . 3
b. Resulting in up to 25% increase in the facility's containment building storage or treatment capacity. . . . . . . . . . . . . 2
2. Modification of a containment building unit or secondary containment system without increasing the capacity of the unit. . . . . . . . . . . . . 2
3. Replacement of a containment building with a containment building that meets the same design standards provided:
a. The unit capacity is not increased. . . . . . . . . . . . . 1
b. The replacement containment building meets the same conditions in the permit. . . . . . . . . . . . . 1
4. Modification of a containment building management practice. . . . . . . . . . . . . 2
5. Storage or treatment of different wastes in containment buildings:
a. That require additional or different management practices. . . . . . . . . . . . . 3
b. That do not require additional or different management practices. . . . . . . . . . . . . 2
N. Corrective Action
1. Approval of a corrective action management unit pursuant to WAC 173-303-64640, 173-303-64650, 173-303-64660, and 173-303-64670 . . . . . . . . . . . . 3
2. Approval of a temporary unit or time extension for a temporary unit pursuant to WAC 173-303-64680 . . . . . . . . . . . . 2
3. Approval of a staging pile or staging pile operating term extension . . . . . . . . . . . . 2
4. Modification to incorporate a corrective action order issued pursuant to MTCA . . . . . . . . . . . . 3
5. Modification or amendment of a corrective action order issued pursuant to MTCA when the MTCA public participation requirements are met and order has already been incorporated by reference into the permit . . . . . . . . . . . . 1
1Class 1 modifications requiring prior Agency approval

(5) Permit termination. The director will follow the applicable procedures in WAC 173-303-840, procedures for decision making, in terminating any permit. The following are causes for terminating a permit during its term or for denying a permit renewal application:

(a) Noncompliance by the permittee with any condition of the permit;

(b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or

(c) A determination that the permitted activity endangers public health or the environment and can only be regulated to acceptable levels by permit modification or termination.



[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-830, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 03-07-049 (Order 02-03), § 173-303-830, 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), § 173-303-830, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-830, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-830, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-830, 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), § 173-303-830, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 89-02-059 (Order 88-24), § 173-303-830, filed 1/4/89; 87-14-029 (Order DE-87-4), § 173-303-830, filed 6/26/87; 84-09-088 (Order DE 83-36), § 173-303-830, filed 4/18/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-830, filed 2/10/82.]




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173-303-840
Procedures for decision making.
(1) Application and completeness.

(a) The department will not begin the processing of a permit until the applicant has fully complied with the application requirements for the permit. Permit applications must comply with the signature and certification requirements of WAC 173-303-810 (12) and (13).

(b) The department will review for completeness each application for a permit under this chapter. Each application for a permit should be reviewed for completeness within sixty days of its receipt. Upon completing the review, the department will notify the applicant in writing whether or not the application is complete. If the application is incomplete, the department will list the information necessary to make the application complete, and will specify in the notice of deficiency a date for submitting the necessary information. After the application is completed, the department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.

(c) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under chapter 70.105 RCW.

(d) If the department decides that a site visit is necessary for any reason in conjunction with the processing of an application, then the department will notify the applicant and a date will be scheduled.

(e) The effective date of an application is the date on which the department notifies the applicant that the application is complete as provided in (b) of this subsection.

(2) Draft permits.

(a) A draft permit is a document prepared by the department indicating the tentative decision to issue, deny, modify, revoke and reissue, or terminate a permit.

(b) When an application is complete, the department will tentatively decide whether to prepare a draft permit, or to deny the application.

(c) If the department tentatively decides to deny the permit application, then the department will issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this subsection. If the department's final decision is that the tentative decision to deny was incorrect, then the department will withdraw the notice of intent to deny and proceed to prepare a draft permit under this subsection.

(d) If the department decides to prepare a draft permit, it will contain the following information:

(i) All conditions applicable to permits under WAC 173-303-810 and 173-303-815 including compliance and monitoring requirements;

(ii) Applicable conditions under WAC 173-303-830 and 173-303-815; and

(iii) All applicable standards for storage, treatment and disposal, and other permit conditions.

(e) All draft permits must be accompanied by a fact sheet that is supported by administrative record and made available for public comment.

(f) Fact sheet; statement of basis.

(i) A fact sheet will be prepared for every draft permit for a major dangerous waste management facility, and for every draft permit which the department finds is the subject of wide-spread public interest or raises major issues.

(ii) The fact sheet will briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The department will send this fact sheet to the applicant and, on request, to any other person.

(iii) The fact sheet will include, when applicable:

(A) A brief description of the type of facility or activity which is the subject of the draft permit;

(B) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed, injected, emitted, or discharged;

(C) A brief summary of the basis for the draft permit conditions including supporting references;

(D) Reasons why any requested variances or alternatives to required standards do or do not appear justified; and

(E) A description of the procedures for reaching a final decision on the draft permit including:

(I) The beginning and ending dates of the comment period and the address where comments will be received;

(II) Procedures for requesting a hearing and the nature of that hearing;

(III) Any other procedures by which the public may participate in the final decision; and

(IV) Name and telephone number of a person to contact for additional information.

(iv) The department will prepare a statement of basis for every draft permit for which a fact sheet is not prepared. The statement of basis will briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. The statement of basis will be sent to the applicant and, on request, to any other person.

(3) Public notice and involvement.

(a) The department will give public notice that the following actions have occurred:

(i) A draft permit has been prepared or an application is tentatively being denied;

(ii) A hearing on a permit has been scheduled; or

(iii) An appeal on a permit has been filed with the pollution control hearings board.


Note: Additional public notice requirements for permitting at the preapplication and application stages are at WAC 173-303-281 (3) through (5).

(b) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied. A written notice of the denial will be given to the person whorequested the permit change and to the permittee. (continued)