Section 173-303-815. Facility-specific permit conditions.

(1) Requirements for recording and reporting of monitoring results.

All permits must specify:

(a) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(b) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;

(c) Applicable reporting requirements based upon the impact of the regulated activity and as specified in this chapter. Reporting must be no less frequent than specified in this chapter.

(2) Establishing permit conditions.

(a) In addition to conditions required in all permits (WAC 173-303-810 (1) through (14)), the director will establish conditions, as required on a case-by-case basis, in permits under WAC 173-303-806(11) (duration of permits), WAC 173-303-815(3) (Schedules of compliance), and WAC 173-303-815(1) (monitoring).

(b)(i) Each permit must include permit conditions necessary to achieve compliance with the Hazardous Waste Management Act chapter 70.105 RCW, this chapter and RCRA Subtitle C. In satisfying this provision, the director may incorporate applicable requirements of this chapter directly into the permit or establish other permit conditions that are based on this chapter.

(ii) Each permit issued under this chapter must contain terms and conditions as the director determines necessary to protect human health and the environment.

(iii) If, as the result of an assessment(s) or other information, the department or director determines that conditions are necessary in addition to those required under 40 C.F.R. parts 63, subpart EEE, WAC 173-303-280 through 173-303-395, WAC 173-303-505, 173-303-510, 173-303-520, 173-303-525, 173-303-578, and 173-303-600 through 173-303-695 to ensure protection of human health and the environment, he or she must include those terms and conditions in a dangerous waste permit for a dangerous waste combustion unit.

(c) For a state-issued permit, an applicable requirement is a state statutory or regulatory requirement that takes effect prior to final administrative disposition of a permit. (Note: For a permit issued by EPA, an applicable requirement is a statutory or regulatory requirement (including any interim final regulation) which takes effect prior to the issuance of the permit (except as provided in 40 C.F.R. Section 124.86(c) for RCRA permits being processed under Subpart E or F of part 124). 40 C.F.R. Section 124.14 (reopening of comment period) provides a means for reopening EPA permit proceedings at the discretion of the director where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable). For state and EPA administered programs, an applicable requirement is also any requirement that takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in WAC 173-303-830(3).

(d) New or reissued permits, and to the extent allowed under WAC 173-303-830(3), modified or revoked and reissued permits, must incorporate each of the applicable requirements referenced in this subsection and in subsection (1) of this section.

(e) Incorporation. All permit conditions must be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

(3) Schedules of compliance.

(a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with this chapter.

(i) Time for compliance. Any schedules of compliance under this section require compliance as soon as possible.

(ii) Interim dates. Except as provided in (b)(i)(B) of this subsection, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule must set forth interim requirements and the dates for their achievement.

(A) The time between interim dates must not exceed one year.

(B) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit must specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(iii) Reporting. The permit must be written to require that no later than fourteen days following each interim date and the final date of compliance, the permittee must notify the director in writing, of its compliance or noncompliance with the interim or final requirements.

(b) Alternative schedules of compliance. A dangerous waste permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for treatment and storage dangerous waste management facilities, closing pursuant to applicable requirements; and, for disposal dangerous waste management facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:

(i) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

(A) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

(B) The permittee must cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

(ii) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit will contain a schedule leading to termination which will ensure timely compliance with applicable requirements.

(iii) If the permittee is undecided whether to cease conducting regulated activities, the director may issue or modify a permit to contain two schedules as follows:

(A) Both schedules will contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;

(B) One schedule will lead to timely compliance with applicable requirements;

(C) The second schedule will lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements;

(D) Each permit containing two schedules will include a requirement that after the permittee has made a final decision under (b)(iii)(A) of this subsection it must follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

(iv) The applicant's or permittee's decision to cease conducting regulated activities must be evidenced by a firm public commitment satisfactory to the director, such as resolution of the board of directors of a corporation.

[Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-815, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), § 173-303-815, filed 1/12/98, effective 2/12/98. Statutory Authority: Chapter 70.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-815, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-815, filed 2/10/82.]

Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-815, filed 6/30/09, effective 7/31/09; WSR 98-03-018 (Order 97-03), § 173-303-815, filed 1/12/98, effective 2/12/98. Statutory Authority: Chapter 70.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-815, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-815, filed 2/10/82.

Rules

173-303-810,173-303-806,173-303-280,173-303-395,173-303-505,173-303-510,173-303-520,173-303-525,173-303-578,173-303-600,173-303-695,173-303-830,173-303-830,