(1)
Purpose. The purpose of this section is to describe methods for determining if
a solid waste is a dangerous waste by the criteria set forth in this section.
The dangerous waste criteria consist of:
(a)
Toxic dangerous wastes; and
(b)
Persistent dangerous wastes.
(2) References. The following toxicity data
sources are adopted by reference:
(a) The
National Institute for Occupational Safety and Health's (NIOSH) Registry of
Toxic Effects of Chemical Substances (RTECS), Superintendent of Documents, U.S.
Government Printing Office, Washington, DC 20402.
(b) The United States Environmental
Protection Agency, Ecotoxicology Database (ECOTOX), Mid-Continent Ecology
Division, 6201 Congdon Boulevard, Duluth, MN 55804.
(c) The United States National Library of
Medicine Toxicology Data Network, Hazardous Substance Database (HSDB), 8600
Rockville Pike, Bethesda, MD 20894.
(3) A person must use data that are available
to him or her, and, when such data are inadequate for the purposes of this
section, must refer to the references identified in WAC
173-303-100(2)
to determine:
(a) Toxicity data or toxic
category for each known constituent in the waste;
(b) Whether or not each known constituent of
the waste is a halogenated organic compound or a polycyclic aromatic
hydrocarbon as defined in WAC
173-303-040.
(4) Quantity exclusion limit. A solid waste
is a dangerous waste if it meets one or more of the dangerous waste criteria
described in subsections (5) and (6) of this section. If a person's solid waste
meets one or more of these criteria then he or she is a dangerous waste
generator (and may not be considered a small quantity generator as provided in
WAC
173-303-170(2))
if the quantity of the waste exceeds the following quantity exclusion limits:
(a) For toxic dangerous wastes designated as
EHW (WT01), the quantity exclusion limit is 2.2 lbs. per month.
(b) For any WT01 residue or contaminated
soil, water, or other debris resulting from the clean up of a spill, into or on
any land or water, the quantity exclusion limit is 220 lbs. per
month.
(c) For all other wastes
designating under this section the quantity exclusion limit is 220 lbs. (100
kg) per month or per batch.
(5) Toxicity criteria. Except as provided in
WAC
173-303-070(4) or
(5), a person must determine if a solid waste
meets the toxicity criteria under this section by following either the
instructions for book designation, when his knowledge of the waste is
sufficient, or by testing the waste using the biological testing methods
adopted under WAC
173-303-110(3).
(a) Except as provided in WAC
173-303-070(4),
if a person knows only some of the toxic constituents in the waste or only some
of the constituent concentrations, and if the waste is undesignated for those
known constituents or concentrations, then the waste is not designated for
toxicity under this subsection.
(b)
Book designation procedure. A person may determine if a waste meets the
toxicity criteria by following the book designation instructions as follows:
(i) A person must determine the toxic
category for each known constituent. The toxic category for each constituent
may be determined from available data, for example, Registry for Toxic Effects
of Chemical Substances (RTECS), Hazardous Substances Data Bank (HSDB), and
Ecotoxicology database (ECOTOX). The toxic category should then be identified,
using the table below. If data are available for more than one test endpoint
(that is, fish, oral rat, inhalation rat, or dermal rabbit), the value with the
highest toxicity must be used. Similarly, if toxicity data do not agree on the
same toxic category within the same test endpoint, the value with the highest
toxicity must be used.
a Finally, if toxicity data
for a constituent cannot be found in reasonably available sources (for example,
RTECS, HSDB or ECOTOX), the toxic category for that constituent need not be
determined.
TOXIC CATEGORY TABLE
|
Toxic Category
|
Fish
LC50(mg/L)b
|
Oral Rat LD50(mg/kg)
|
Inhalation
Rat
LC50(mg/L)c
|
Dermal
Rabbit
LD50(mg/kg)
|
|
X
|
<0.01
|
<0.5
|
<0.02
|
<2
|
|
A
|
0.01 - <0.1
|
0.5 - <5
|
0.02 - <0.2
|
2 - <20
|
|
B
|
0.1 - <1
|
5 - <50
|
0.2 - <2
|
20 - <200
|
|
C
|
1 - <10
|
50 - <500
|
2 - <20
|
200 - <2000
|
|
D
|
10 - 100
|
500 - 5000
|
20 - 200
|
2000 - 20,000
|
|
a These four test
endpoints are defined in WAC
173-303-040.
|
|
b Fish
LC50 data must be derived from an exposure period
greater than or equal to twenty-four hours. A hierarchy of species
LC50 data should be used that includes (in decreasing
order of preference) salmonids, fathead minnows, and other fish species.
|
|
c Inhalation Rat
LC50 data must be derived from an exposure period
greater than or equal to one hour.
|
(ii) A
person whose waste contains one or more toxic constituents must determine the
equivalent concentration for the waste from the following formula:
Click
to view image
where [SIGMA] (X,A,B,C, or D)% is the sum of all the
concentration percentages for a particular toxic category.
Example 1. A person's waste contains: Aldrin (A Category) -
.01%; Endrin (A Category) - 1%; Benzene (D Category) - 4%; Phenol (C Category)
- 2%; Dinoseb (B Category) - 5%; Water (nontoxic) - 87%. The equivalent
concentration (E.C.) would be:
Click
to view image
So the equivalent concentration equals 0.1534%.
(iii) A person whose waste
contains toxic constituents must determine its designation according to the
value of the equivalent concentration:
(A) If
the equivalent concentration is less than 0.001%, the waste is not a toxic
dangerous waste; or
(B) If the
equivalent concentration is equal to or greater than 0.001% and less than 1.0%,
the person will designate the waste as DW and assign the dangerous waste number
WT02; and
(C) If the equivalent
concentration is equal to or less than 0.01%, the DW may also be a special
waste; or
(D) If the equivalent
concentration is equal to or greater than 1.0%, the person will designate the
waste as EHW and assign the dangerous waste number WT01.
Example 1. Continued. The equivalent concentration of 0.1534%
(from Example 1. above) is greater than 0.001% and less than 1.0%. The waste is
DW and the dangerous waste number WT02 must be assigned.
(iv) Reserve.
(c) Designation from bioassay data. A person
may determine if a waste meets the toxicity criteria by following the bioassay
designation instructions of either:
(i) The DW
bioassay. To determine if a waste is DW, a person must establish the toxicity
category range of a waste by means of the 100 mg/L acute static fish test, as
described in the biological testing methods (bioassay) adopted in WAC
173-303-110(3).
If data from the test indicates that the waste is DW, then the person will
assign the dangerous waste number WT02. Otherwise, the waste is not regulated
as toxic dangerous waste. No further testing must be done except as provided in
WAC
173-303-070(4) and
(5), or if the person chooses to determine
whether the waste is EHW, or in the case of state-only solid dangerous waste,
if the person chooses to determine whether the waste is special waste;
or
(ii) The EHW and special waste
bioassay. To determine if a waste is EHW, a person must establish the toxicity
of a waste by means of the fish bioassay at 10 mg/L, as described in the
biological testing methods (bioassay) adopted in WAC
173-303-110(3).
(NOTE: A fish bioassay at 1 mg/L corresponds with the definition of EHW, which
includes toxic categories X-B. However, the fish bioassay is not reproducible
at these low levels.) If data from the test indicates that the waste is EHW,
then the person will assign the dangerous waste number WT01. Otherwise, the
waste will be designated DW, and the person will assign the dangerous waste
number WT02. A person with state-only solid waste may choose to test a waste to
determine if it is special waste. Testing levels for special waste must be at
10 mg/L for the fish bioassay . No further testing must be done except as
provided in WAC
173-303-070(4) and
(5), or if the person chooses to test the
waste in accordance with WAC
173-303-100(5)(c)(i)
to determine if the waste is not regulated as toxic dangerous
waste.
(d) If the
designation acquired from book designation and bioassay data do not agree, then
bioassay data will be used to designate a waste. If a waste is designated as DW
or EHW following the book designation procedure, a person may test the waste by
means of the biological testing methods (bioassay) adopted under WAC
173-303-110(3)
to demonstrate that the waste is not a dangerous waste or should be designated
as DW and not EHW.
(e) A waste
designated as DW by toxicity criteria must be assigned the dangerous waste
number of WT02. A waste designated as EHW by toxicity criteria must be assigned
the dangerous waste number of WT01.
(6) Persistence criteria. For the purposes of
this section, persistent constituents are chemical compounds which are either
halogenated organic compounds (HOC), or polycyclic aromatic hydrocarbons (PAH),
as defined under WAC
173-303-040. Except as provided
in WAC
173-303-070(4) or
(5), a person may determine the identity and
concentration of persistent constituents by either applying knowledge of the
waste or by testing the waste according to WAC
173-303-110(3)(c)
Chemical Testing Methods for Designating Dangerous Waste
Publication #97-407.
(a) Except as provided
in WAC
173-303-070(4),
if a person knows only some of the persistent constituents in the waste, or
only some of the constituent concentrations, and if the waste is undesignated
for those known constituents or concentrations, then the waste is not
designated for persistence under this subsection.
(b) When a waste contains one or more
halogenated organic compounds (HOC) for which the concentrations are known, the
total halogenated organic compound concentration must be determined by summing
the concentration percentages for all of the halogenated organic compounds for
which the concentration is known.
Example 2. A waste contains: Carbon tetrachloride -.009%; DDT -
.012%; 1,1,1 - trichloroethylene - .020%. The total halogenated organic
compound concentration would be:
Total HOC Concentration (%) = .009% + .012% +.020%
=.041%
(c) A person whose
waste contains polycyclic aromatic hydrocarbons (PAH) as defined in WAC
173-303-040, must determine the
total PAH concentration by summing the concentration percentages of each of the
polycyclic aromatic hydrocarbons for which they know the concentration.
Example 3. A person's waste contains: Chrysene - .08%; 3,4 -
benzo(a)pyrene - 1.22%. The total polycyclic aromatic hydrocarbon concentration
would be:
Total PAH Concentration (%) = .08% + 1.22% = 1.30%
(d) A person whose waste contains
halogenated organic compounds and/or polycyclic aromatic hydrocarbons must
determine its designation from the persistent dangerous waste table.
PERSISTENT DANGEROUS WASTE TABLE
|
If your waste contains...
|
At a total concentration level of...
|
Then your waste's designation, and waste #
are...
|
|
Halogenated Organic Compounds (HOC)
|
0.01% to 1.0% greater than 1.0%
|
DW, WP02 EHW, WP01
|
|
Polycyclic Aromatic Hydrocarbons (PAH)
|
greater than 1.0%
|
EHW*, WP03
|
(7) Reserve.
