Selected Exclusions from Dangerous Waste Regulation
for Building Wastes
Effective 6/10/2000
For the complete list of Exclusions refer to WAC
173-303-071 Exit Ecology from
the Washington State Office of the Code Reviser
(1) Purpose. Certain categories of waste have been excluded from
the requirements of chapter 173-303 WAC, except for WAC 173-303-050,
because they generally are not dangerous waste, are regulated under
other state and federal programs, or are recycled in ways which do not
threaten public health or the environment. WAC 173-303-071 describes
these excluded categories of waste.
(2) Excluding wastes. Any persons who generate a common class of
wastes and who seek to categorically exclude such class of wastes from
the requirements of this chapter must comply with the applicable
requirements of WAC 173-303-072. No waste class will be excluded if
any of the wastes in the class are regulated as hazardous waste under
40 CFR Part 261.
(3) Exclusions. The following categories of waste are excluded from
the requirements of chapter 173-303 WAC, except for WAC 173-303-050,
173-303-145, and 173-303960, and as otherwise specified:
(a) (i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly owned treatment works (POTW) for
treatment provided:
(A) The generator or owner/operator has obtained a state waste
discharge permit issued by the department, a temporary permit obtained
pursuant to RCW 90.48.200, or pretreatment permit (or written
discharge authorization) from a local sewage utility delegated
pretreatment program responsibilities pursuant to RCW 90.48.165;
(B) The waste discharge is specifically authorized in a state waste
discharge permit, pretreatment permit or written discharge
authorization, or in the case of a temporary permit the waste is
accurately described in the permit application;
(C) The waste discharge is not prohibited under 40 CFR Part 403.5;
and
(D) The waste prior to mixing with domestic sewage must not exhibit
dangerous waste characteristics for ignitability, corrosivity,
reactivity, or toxicity as defined in WAC 173-303-090, and must not
meet the dangerous waste criteria for toxic dangerous waste or
persistent dangerous waste under WAC 173-303-100, unless the waste is
treatable in the publicly owned treatment works (POTW) where it will
be received. This exclusion does not apply to the generation,
treatment, storage, recycling, or other management of dangerous wastes
prior to discharge into the sanitary sewage system;
(c) Household wastes,
including household waste that has been collected, transported,
stored, or disposed. Wastes that are residues from or are generated by
the management of household wastes (e.g., leachate, ash from burning
of refuse derived fuel) are not excluded by this provision.
"Household wastes" means any waste material (including, but
not limited to, garbage, trash, and sanitary wastes in septic tanks)
derived from households (including single and multiple residences,
hotels and motels, bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day-use recreation areas). A resource
recovery facility managing municipal solid waste will not be deemed to
be treating, storing, disposing of, or otherwise managing dangerous
wastes for the purposes of regulation under this chapter, if such
facility:
(i) Receives and burns only:
(A) Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources); and
(B) Solid waste from commercial or industrial sources that does not
contain dangerous waste; and
(ii) Such facility does not accept dangerous wastes and the owner
or operator of such facility has established contractual requirements
or other appropriate notification or inspection procedures to assure
that dangerous wastes are not received at or burned in such facility;
(e) Asphaltic materials designated only for the presence of PAHs
by WAC 173-303-100(6). For the purposes of this exclusion,
asphaltic materials means materials that have been used for structural
and construction purposes (e.g., roads, dikes, paving) that were
produced from mixtures of oil and sand, gravel, ash or similar
substances;
(f) Roofing tars and shingles, except that these wastes are
not excluded if mixed with wastes listed in WAC 173-303081 or
173-303-082, or if they exhibit any of the characteristics specified
in WAC 173-303-090;
(g) Treated wood waste and wood products including:
(i) Arsenical-treated wood that fails the test for the toxicity
characteristic of WAC 173-303-090(8) (dangerous waste numbers D004 through D017
only), or which fails any state criteria, if the waste is generated by persons
who utilize the arsenical-treated wood for the materials' intended end use.
(ii) Wood treated with other preservatives provided such treated wood is,
within one hundred eighty days after becoming waste:
(A) Disposed of at a landfill that is permitted in accordance with
WAC 173-304-460, minimum functional standards for solid waste
handling, or chapter 173-351 WAC, criteria for municipal solid waste
landfills, and provided that such wood is neither a listed waste under
WAC 173-303-9903 and 173-303-9904 nor a TCLP waste under WAC
173-303090(8); or
(B) Sent to a facility that will legitimately treat or recycle the
treated wood waste, and manage any residue in accordance with that
state's dangerous waste regulations; or
(C) Sent off-site to a permitted TSD facility or placed in an
on-site facility which is permitted by the department under WAC
173-303-800 through WAC 173-303-845. In addition, creosote-treated
wood is excluded when burned for energy recovery in an industrial
furnace or boiler that has an order of approval issued pursuant to RCW
70.94.152 by ecology or a local air pollution control authority to
burn creosote treated wood.
(k) Polychlorinated
biphenyl (PCB) wastes:
(i) PCB wastes whose disposal is regulated by EPA under 40 CFR
761.60 (Toxic Substances Control Act) and that are dangerous either
because:
(A) They fail the test for toxicity characteristic (WAC
173-303-090(8), Dangerous waste numbers D018 through D043 only); or
(B) Because they are designated only by this chapter and not
designated by 40 CFR Part 261, are exempt from regulation under this
chapter except for WAC 173-303-505 through 173-303-525, 173-303-960,
those sections specified in subsection (3) of this section, and 40 CFR
Part 266;
(ii) Wastes that would be designated as dangerous waste under this
chapter solely because they are listed as WPCB under WAC 173-303-9904
when such wastes are stored and disposed in a manner equivalent to the
requirements of 40 CFR Part 761 Subpart D for PCB concentrations of 50
ppm or greater.
(l) Samples:
(i) Except as provided in (l)(ii) of this subsection, a sample of
solid waste or a sample of water, soil, or air, which is collected for
the sole purpose of testing to determine its characteristics or
composition, is not subject to any requirements of this chapter, when:
(A) The sample is being transported to a lab for testing or being
transported to the sample collector after testing; or
(B) The sample is being stored by the sample collector before
transport, by the laboratory before testing, or by the laboratory
after testing prior to return to the sample collector; or
(C) The sample is being stored temporarily in the laboratory after
testing for a specific purpose (for example, until conclusion of a
court case or enforcement action).
(ii) In order to qualify for the exemptions in (l)(i) of this
subsection, a sample collector shipping samples to a laboratory and a
laboratory returning samples to a sample collector must:
(A) Comply with United States Department of Transportation (DOT),
United States Postal Service (USPS), or any other applicable shipping
requirements; or
(B) Comply with the following requirements if the sample collector
determines that DOT or USPS, or other shipping requirements do not
apply:
(I) Assure that the following information accompanies the sample:
(AA) The sample collector's name, mailing address, and telephone
number;
(BB) The laboratory's name, mailing address, and telephone number;
(CC) The quantity of the sample;
(DD) The date of shipment;
(EE) A description of the sample; and
(II) Package the sample so that it does not leak, spill, or
vaporize from its packaging.
(iii) This exemption does not apply if the laboratory determines
that the waste is dangerous but the laboratory is no longer meeting
any of the conditions stated in (l)(i) of this subsection;
(t) Petroleum-contaminated media and debris that fail the test
for the toxicity characteristic of WAC 173-303-090(8) (dangerous waste
numbers D018 through D043 only) and are subject to the corrective
action regulations under 40 CFR Part 280.
(v) Wood ash that would designate solely for corrosivity by WAC
173-303-090 (6)(a)(iii). For the purpose of this exclusion, wood
ash means ash residue and emission control dust generated from the
combustion of untreated wood, wood treated solely with creosote, and
untreated wood fiber materials including, but not limited to, wood
chips, saw dust, tree stumps, paper, cardboard, residuals from waste
fiber recycling, deinking rejects, and associated wastewater treatment
solids. This exclusion allows for the use of auxiliary fuels
including, but not limited to, oils, gas, coal, and other fossil fuels
in the combustion process.
(y) Used oil filters that are recycled in accordance with WAC
173-303-120, as used oil and scrap metal.
(ff) Excluded scrap metal (processed scrap metal,
unprocessed home scrap metal, and unprocessed prompt scrap metal)
being recycled.
(gg) Shredded circuit boards being recycled: Provided, That
they are:
(i) Stored in containers sufficient to prevent a release to the
environment prior to recovery; and
(ii) Free of mercury switches, mercury relays and nickel-cadmium
batteries and lithium batteries.
(ll) Dredged material. Dredged material as defined in 40 CFR
232.2 that is subject to:
(i) The requirements of a permit that has been issued by the U.S.
Army Corps of Engineers or an approved state under section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344);
(ii) The requirements of a permit that has been issued by the U.S.
Army Corps of Engineers under section 103 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or
(iii) In the case of a U.S. Army Corps of Engineers civil works
project, the administrative equivalent of the permits referred to in
(ll)(i) and (ii) of this subsection, as provided for in U.S. Army
Corps of Engineers regulations, including, for example, 33 CFR 336.1,
336.2 and 337.3.
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