1. (1) Applicability.

   1. (a) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes.

   2. (b) Except for 40 C.F.R. 264.1034 (d) and (e), this section applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:

      1. (i) A unit that is subject to the permitting requirements of WAC 173-303-800 through 173-303-840; or
      2. (ii) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of WAC 173-303-200 (i.e., a hazardous waste recycling unit that is not a ninety-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of WAC 173-303-800 through 173-303-840; or
      3. (iii) A unit that is exempt from permitting under the provisions of WAC 173-303-200 (that is, a "ninety-day" tank or container) and is not a recycling unit under the provisions of WAC 173-303-120.

   3. (c) For the owner and operator of a facility subject to this section and who received a final hazardous waste permit prior to December 6, 1996, the requirements of this section must be incorporated into the permit when the permit is reissued in accordance with the requirements of WAC 173-303-840(8) or reviewed in accordance with the requirements of WAC 173-303-806(11). Until such date when the owner and operator receive a final permit incorporating the requirements of this section, the owner and operator are subject to the requirements of 40 C.F.R. 265 Subpart AA.

      Note:

      The requirements of 40 C.F.R. Parts 264.1032 through 264.1036 apply to process vents on hazardous waste recycling units previously exempt under WAC 173-303-120 (4)(d). Other exemptions under WAC 173-303-071 and 173-303-600(2) are not affected by these requirements.

   4. (d) The requirements of this section do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this section are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 C.F.R. Part 60, Part 61, or Part 63. The documentation of compliance under regulations at 40 C.F.R. Part 60, Part 61, or Part 63 must be kept with, or made readily available with, the facility operating record.

2. (2) 40 C.F.R. 264.1031 through 1036 (Subpart AA) is incorporated by reference.

   Note:

   Where the incorporated language refers to 264.1030, refer to subsection (1) of this section. Where the incorporated language refers to Part 270, refer to WAC 173-303-800 through 173-303-840.

[Statutory Authority: Chapters 70.105, 70.105D RCW and RCRA. WSR 19-04-038 (Order 16-03), § 173-303-690, filed 1/28/19, effective 4/28/19. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-690, filed 6/30/09, effective 7/31/09; WSR 03-07-049 (Order 02-03), § 173-303-690, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapters 70.105, 70.105D, 15.54 RCW and RCW 70.105.007. WSR 00-11-040 (Order 99-01), § 173-303-690, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters 70.105 and 70.105D RCW. WSR 95-22-008 (Order 94-30), § 173-303-690, filed 10/19/95, effective 11/19/95.]