WAC 173-303-140
Land disposal restrictions. (1)
Purpose.
(a) The purpose of this section is to encourage the best
management practices for dangerous wastes according to the
priorities of RCW 70.105.150 which are, in order of priority:
(i) Reduction;
(ii) Recycling;
(iii) Physical, chemical, and biological treatment;
(iv) Incineration;
(v) Stabilization and solidification; and
(vi) Landfill.
(b) This section identifies dangerous wastes that are
restricted from land disposal, describes requirements for
restricted wastes, and defines the circumstances under which a
prohibited waste may continue to be land disposed.
(c) For the purposes of this section, the term
"landfill," as stated in the priorities of RCW 70.105.150,
will be the same as the term "land disposal." Land disposal
will be used in this section to identify the lowest waste
management priority.
(2) Applicability.
The land disposal restrictions of this section apply to
any person who owns or operates a dangerous waste treatment,
storage, or disposal facility in Washington state and to any
person who generates or transports dangerous waste.
(a) Land disposal restrictions for wastes designated in
accordance with WAC 173-303-070 (3)(a)(i), (ii), and (iii) are
the restrictions set forth by the Environmental Protection
Agency in 40 CFR Part 268 which are incorporated by reference
into this regulation, as modified in (c) through (f) of this
subsection, and the restrictions set forth in subsections (3)
through (7) of this section. The words "regional
administrator" (in 40 CFR) will mean the "department," except
for 40 CFR Parts 268.5 and 268.6; 268 Subpart B; 268.42(b) and
268.44 (a) through (g). The authority for implementing these
excluded CFR sections remains with the U.S. Environmental
Protection Agency. The word "EPA" (in 40 CFR) means "Ecology"
at 40 CFR 268.44(m). The exemption and exception provisions
of subsections (3) through (7) of this section are not
applicable to the federal land disposal restrictions.
Where the federal regulations that have been incorporated
by reference refer to 40 CFR 260.11, data provided under this
section must instead meet the requirements of WAC 173-303-110.
(b) Land disposal restrictions for state-only dangerous
waste are the restrictions set forth in subsections (3)
through (7) of this section.
(c) Where 40 CFR 268.7 (a)(1) is incorporated by
reference, delete the sentence "Alternatively, the generator
must send the waste to a RCRA-permitted dangerous waste
treatment facility, where the waste treatment facility must
comply with the requirements of 264.13 of this chapter and
268.7(b) of this section."
(d) Where 40 CFR 268.7 (a)(2) is incorporated by
reference:
(i) Delete the words "or if the generator chooses not to
make the determination of whether his waste must be treated"
from the first sentence; and
(ii) Delete the sentence "(Alternatively, if the
generator chooses not to make the determination of whether the
waste must be treated, the notification must include the EPA
Hazardous Waste Numbers and Manifest Number of the first
shipment and must state 'This hazardous waste may or may not
be subject to the LDR treatment standards. The treatment
facility must make the determination'.)"
(e) Where 40 CFR 268.7 (b)(6) is incorporated by
reference, replace the words "for the initial shipment of
waste, prepare a one-time certification described in paragraph
(b)(4) of this section, and a one-time notice which includes
the information in paragraph (b)(3) of this section (except
the manifest number)" with the words "submit a certification
described in paragraph (b)(4) of this section, and a notice
which includes the information listed in paragraph (b)(3) of
this section (except for the manifest number) to the
department for each shipment".
(f) Where 40 CFR 268.9(d) is incorporated by reference,
replace paragraph (d) with the following: Wastes that exhibit
a characteristic are also subject to Section 268.7
requirements, except that once the waste is no longer
dangerous, a one-time notification and certification must be
placed in the generators or treaters files and sent to the
department. The notification and certification that is placed
in the generators or treaters files must be updated if the
process or operation generating the waste changes and/or if
the subtitle D facility receiving the waste changes. However,
the generator or treater need only notify the department on an
annual basis if such changes occur. Such notification and
certification should be sent to the department by the end of
the calendar year, but no later than December 31.
(i) The notification must include the following
information:
(A) Name and address of the RCRA Subtitle D facility
receiving the waste shipment; and
(B) A description of the waste as initially generated,
including the applicable dangerous waste code(s), treatability
group(s), and underlying hazardous constituents (as defined in
Sec. 268.2(i)), unless the waste will be treated and monitored
for all underlying hazardous constituents. If all underlying
hazardous constituents will be treated and monitored, there is
no requirement to list any of the underlying hazardous
constituents on the notice.
(ii) The certification must be signed by an authorized
representative and must state the language found in Section
268.7 (b)(4).
If treatment removes the characteristic but does not meet
standards applicable to underlying hazardous constituents,
then the certification found in Sec. 268.7 (b)(4)(iv) applies.
(3) Definitions.
When used in this section the following terms have the
meaning provided in this subsection. All other terms have the
meanings given under WAC 173-303-040.
(a) "Dangerous waste constituents" means those
constituents listed in WAC 173-303-9905 and any other
constituents which have caused a waste to be a dangerous waste
under this chapter.
(b) "Land disposal" means placement in a facility or on
the land with the intent of leaving the dangerous waste at
closure, and includes, but is not limited to, placement for
disposal purposes in a: Landfill; surface impoundment; waste
pile; injection well; land treatment facility; salt dome or
salt bed formation; underground cave or mine; concrete vault
or bunker.
(c) "Organic/carbonaceous waste" means a dangerous waste
that contains combined concentrations of greater than ten
percent organic/carbonaceous constituents in the waste;
organic/carbonaceous constituents are those substances that
contain carbon-hydrogen, carbon-halogen, or carbon-carbon
chemical bonding.
(d) "Solid acid waste" means a dangerous waste that
exhibits the characteristic of low pH under the corrosivity
test of WAC 173-303-090 (6)(a)(iii).
(e) "Stabilization" and "solidification" mean a technique
that limits the solubility and mobility of dangerous waste
constituents. Solidification immobilizes a waste through
physical means and stabilization immobilizes the waste by
bonding or chemically reacting with the stabilizing material.
(4) Land disposal restrictions and prohibitions. The
land disposal requirements of this subsection apply to land
disposal in Washington state.
(a) Disposal of extremely hazardous waste (EHW). No
person may land dispose of EHW, except as provided in
subsection (5) of this section, at any land disposal facility
in the state. No person may land dispose of EHW at the
facility established under RCW 70.105.050, except as provided
by subsections (5), (6), and (7) of this section. A person is
encouraged to reclaim, recycle, recover, treat, detoxify,
neutralize, or otherwise process EHW to remove or reduce its
harmful properties or characteristics, provided that such
processing is performed in accordance with the requirements of
this chapter.
(b) Disposal of liquid waste. Special requirements for
bulk and containerized liquids.
(i) The placement of bulk or noncontainerized liquid
dangerous waste or dangerous waste containing free liquids
(whether or not sorbents have been added) in any landfill is
prohibited.
(ii) Containers holding free liquids must not be placed
in a landfill unless:
(A) All free-standing liquid:
(I) Has been removed by decanting, or other methods; or
(II) Has been mixed with sorbent or stabilized
(solidified) so that free-standing liquid is no longer
observed; or
(III) Has been otherwise eliminated; or
(B) The container is very small, such as an ampule; or
(C) The container is designed to hold free liquids for
use other than storage, such as a battery or capacitor; or
(D) The container is a labpack and is disposed of in
accordance with WAC 173-303-161 and this chapter.
(iii) To demonstrate the absence or presence of free
liquids in either a containerized or a bulk waste, the
following tests must be used: Method 9095 (Paint Filter
Liquids Test) as described in "Test Methods for Evaluating
Solid Wastes, Physical/Chemical Methods" EPA Publication
SW-846 as incorporated by reference in WAC 173-303-110 (3)(a).
(iv) Sorbents used to treat free liquids to be disposed
of in landfills must be nonbiodegradable. Nonbiodegradable
sorbents are: Materials listed or described in (b)(iv)(A) of
this subsection; materials that pass one of the tests in
(b)(iv)(B) of this subsection; or materials that are
determined by the department to be nonbiodegradable through
WAC 173-303-910.
(A) Nonbiodegradable sorbents.
(I) Inorganic minerals, other inorganic materials, and
elemental carbon (e.g., aluminosilicates, clays, smectites,
Fuller's earth, bentonite, calcium bentonite, montmorillonite,
calcined montmorillonite, kaolinite, micas (illite),
vermiculites, zeolites; calcium carbonate (organic free
limestone); oxides/hydroxides, alumina, lime, silica (sand),
diatomaceous earth; perlite (volcanic glass); expanded
volcanic rock; volcanic ash; cement kiln dust; fly ash; rice
hull ash; activated charcoal/activated carbon); or
(II) High molecular weight synthetic polymers (e.g.,
polyethylene, high density polyethylene (HDPE), polypropylene,
polystyrene, polyurethane, polyacrylate, polynorborene,
polyisobutylene, ground synthetic rubber, cross-linked
allylstyrene and tertiary butyl copolymers). This does not
include polymers derived from biological material or polymers
specifically designed to be degradable; or
(III) Mixtures of these nonbiodegradable materials.
(B) Tests for nonbiodegradable sorbents.
(I) The sorbent material is determined to be
nonbiodegradable under ASTM Method G21-96 (2002) - Standard
Practice for Determining Resistance of Synthetic Polymer
Materials to Fungi; or
(II) The sorbent material is determined to be
nonbiodegradable under OECD (Organization for Economic
Cooperation and Development) test 301B: [CO2 Evolution
(Modified Sturm Test)].
(v) The placement of any liquid which is not a dangerous
waste in a landfill is prohibited unless the owner or operator
of such landfill demonstrates to the department, or the
department determines, that:
(A) The only reasonably available alternative to the
placement in such landfill is placement in a landfill or
unlined surface impoundment, whether or not permitted or
operating under interim status, which contains, or may
reasonably be anticipated to contain, hazardous waste; and
(B) Placement in such owner or operator's landfill will
not present a risk of contamination of any underground source
of drinking water (as that term is defined in WAC 173-303-040).
(c) Disposal of solid acid waste. No person may land
dispose solid acid waste, except as provided in subsections
(5), (6), or (7) of this section. A person is encouraged to
reclaim, recycle, recover, treat, detoxify, neutralize, or
otherwise process these wastes to remove or reduce their
harmful properties or characteristics, provided that such
processing is performed in accordance with the requirements of
this chapter.
(d) Disposal of organic/carbonaceous waste.
(i) No person may land dispose organic/carbonaceous
waste, except as provided in subsections (5), (6), or (7) of
this section. A person is encouraged to reclaim, recycle,
recover, treat, detoxify, or otherwise process these wastes to
remove or reduce their harmful properties or characteristics,
provided that such processing is performed in accordance with
the requirements of this chapter. Organic/carbonaceous wastes
must be incinerated as a minimum management method according
to the dangerous waste management priorities as defined in
subsection (1)(a) of this section.
(ii) This prohibition against the land disposal of
organic/carbonaceous waste does not apply to black mud
generated from the caustic leach recovery of cryolite at
primary aluminum smelting plants.
(iii) This prohibition against the land disposal of
organic/carbonaceous waste does not apply to any person who
certifies to the department that recycling, treatment and
incineration facilities are not available within a radius of
one thousand miles from Washington state's borders. Such
certification must be sent to the department by certified mail
and must include: The name, address and telephone number of
the person certifying; a brief description of the
organic/carbonaceous waste covered by the certification; a
discussion of the efforts undertaken to identify available
recycling, treatment and incineration facilities; and the
signature of the person responsible for the certification and
development of information used to support the certification.
Records and information supporting the certification must be
retained by the certifying person and must be made available
to the department upon request.
A certification that has been properly submitted to the
department will remain valid until the department determines
that a recycling, treatment or incineration facility is
available within a radius of one thousand miles from
Washington state's borders and the person who submitted the
certification is unable to demonstrate otherwise. A
recycling, treatment or incineration facility will be
considered by the department to be available if such facility:
Is operating, and; can safely and legally recycle, treat or
incinerate the organic/carbonaceous waste, and; has sufficient
capacity to receive and handle significant amounts of the
waste, and; agrees to accept the waste.
(5) Treatment in land disposal facilities. The land
disposal restrictions in subsection (4) of this section do not
apply to persons treating dangerous wastes in surface
impoundments, waste piles, or land treatment facilities
provided that such treatment is performed in accordance with
the requirements of this subsection and this chapter.
(a) Surface impoundment treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid
waste, and organic/carbonaceous waste may be placed in surface
impoundments for purposes of treatment provided the
owner/operator can demonstrate that effective treatment of the
dangerous waste constituents will occur and at closure the
owner/operator complies with the prohibitions and restrictions
of subsection (4) of this section.
(b) Waste pile treatment.
Liquid waste, extremely hazardous waste (EHW), solid acid
waste, and organic/carbonaceous waste may be placed in waste
piles for purposes of treatment provided the owner/operator
can demonstrate that effective treatment of dangerous waste
constituents will occur and that at closure the owner/operator
will be in compliance with the prohibitions and restrictions
of subsection (4) of this section.
(c) Land treatment.
Liquid waste, extremely hazardous waste (EHW), and
organic/carbonaceous waste may be land treated provided that
the owner/operator can demonstrate that effective treatment of
dangerous waste constituents will occur, and at the end of the
post-closure care period the owner/operator will be in
compliance with subsection (4) of this section.
(6) Case-by-case exemptions to a land disposal
prohibition. Any person may petition the department for an
exemption from a prohibition in subsection (4) of this section
for the land disposal of a dangerous waste. The procedures to
submit a petition to the department are specified in WAC 173-303-910(6). The department may deny any petition if it
determines that there is a potential for dangerous waste
constituents to migrate from the land disposal facility where
the waste is to be placed. The department will deny any
petition when exemption would result in a substantial or
imminent threat to public health or the environment. The
department will deny any petition when exemption would result
in a violation of applicable state laws.
The department may grant an exemption from the
prohibitions and restrictions of subsection (4) of this
section based on the demonstrations specified in (a), (b) or
(c) of this subsection.
(a) Land disposal exemption for treatment residuals. Any
person may request an exemption from a land disposal
prohibition in subsection (4) of this section for treatment
residuals by demonstrating to the department that:
(i) The person has applied the best achievable management
method to the original waste; and
(ii) Application of additional management methods to the
treatment residuals would prevent the person from utilizing
the best achievable management methods for the original
dangerous waste; and
(iii) The land disposal of the treatment residuals does
not pose a greater risk to the public health and the
environment than land disposal of the original dangerous waste
would pose.
(b) Economic hardship exemption. Any person may request
an exemption from a prohibition in subsection (4) of this
section for the land disposal of a dangerous waste by
demonstrating to the department that alternative management of
the dangerous waste will impose an unreasonable economic
burden in relation to the threat of harm to public health and
the environment. It will be solely within the discretion of
the department to approve or deny the requests for exemptions
based on economic hardship.
(c) Organic/carbonaceous waste exemption. Any person may
request an exemption from the requirements in subsection (4)
of this section by demonstrating to the department that:
(i) Alternative management methods for
organic/carbonaceous waste are less protective of public
health and the environment than stabilization or landfilling;
or
(ii)(A) The organic/carbonaceous waste has a heat content
less than 3,000 BTU/LB or contains greater than sixty-five
percent water or other noncombustible moisture; and
(B) Incineration is the only management method available
within a radius of one thousand miles from Washington state's
border (i.e., recycling or treatment are not available).
(7) Emergency cleanup provision. The department may, on
a case-by-case basis, grant an exception to the land disposal
restrictions in subsection (4) of this section for an
emergency cleanup where an imminent threat to public health
and the environment exists. Any exception will require
compliance with applicable state law and will require
(consistent with the nature of the emergency and imminent
threat) application of the waste management priorities of RCW 70.105.150.
[Statutory Authority: Chapters 70.105 and 70.105D RCW. 09-14-105 (Order 07-12), § 173-303-140, filed 6/30/09,
effective 7/31/09; 03-07-049 (Order 02-03), § 173-303-140,
filed 3/13/03, effective 4/13/03; 98-03-018 (Order 97-03), §
173-303-140, filed 1/12/98, effective 2/12/98; 95-22-008
(Order 94-30), § 173-303-140, filed 10/19/95, effective
11/19/95; 94-01-060 (Order 92-33), § 173-303-140, filed
12/8/93, effective 1/8/94. Statutory Authority: Chapter 70.105 RCW. 88-02-057 (Order DE 83-36), § 173-303-140, filed
1/5/88, effective 2/5/88; 84-09-088 (Order DE 83-36), §
173-303-140, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), §
173-303-140, filed 2/10/82.]
NOTES:
Reviser's note: The brackets and enclosed material in the text of the
above section occurred in the copy filed by the agency.