This chapter applies if you have any of the following:

1. (1) Employees working in operations involving hazardous waste at a treatment, storage, and disposal (TSD) facility required to have a permit or interim status AND regulated by any of the following:

   1. (a) 40 C.F.R. Parts 264 and 265 under the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq.;
   2. (b) Agencies implementing RCRA through agreements with the United States Environmental Protection Agency (U.S.E.P.A.);
   3. (c) Chapter 173-303 WAC, Dangerous waste regulations; or
2. (2) Employees conducting initial investigations of government-identified sites before determining whether hazardous substances are present; or
3. (3) Corrective actions, involving clean-up operations, at sites covered by the Resource Conservation and Recovery Act of 1976 (RCRA) as amended (42 U.S.C. 6901 et seq.) or chapter 70.105 RCW, Hazardous waste management; or

4. (4) Employees performing clean-up operations at an uncontrolled hazardous waste site. Sites include, but are not limited to:

   1. (a) The Environmental Protection Agency's (EPA) National Priority Site List (NPL); see http://www.epa.gov/superfund/sites/npl/wa.htm;
   2. (b) Sites recommended for inclusion on the EPA NPL;
   3. (c) State priority site lists, for example those listed under chapter 173-340 WAC, Model Toxics Control Act (MTCA); see http://www.ecy.wa.gov/programs/tcp/cscs/CSCSpage.HTM;

   4. (d) Unlisted sites recognized by a federal, state or local government as an uncontrolled hazardous waste site. Examples of such sites include:

      1. (i) Sites that do not meet clean-up goals established by the MTCA and that pose a threat or potential threat to human health or the environment;
      2. (ii) Clandestine drug lab sites designated for cleanup;

   5. (e) Postemergency response cleanup at the site of a hazardous substance release regulated by chapter 296-824 WAC, Emergency response.

      IMPORTANT:

      This chapter applies to hazardous waste sites until cleanup at the site is determined to be complete by the governing regulatory agency.

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      Illustration 1

      Other rules that may apply to hazardous waste operations:

      You will find safety and health requirements (for example, personal protective equipment) are addressed in other rules and also in this chapter. If you find a conflict in requirements, you need to meet the more protective requirement. Contact your local L&I office if you need assistance in making this determination.

      Examples of other rules that may apply:

      1. Chapter 296-800 WAC, Safety and health core rules:

      a. WAC 296-800-140 Accident prevention program;

      b. WAC 296-800-210 Lighting;

      c. WAC 296-800-230 Drinking water, bathrooms, washing facilities and waste disposal.

      2. Chapter 296-24 WAC, Safety standards for general safety.

      3. Chapter 296-833 WAC, Temporary housing for workers.

      4. Chapter 296-62 WAC, General occupational health.

      5. Chapter 296-155 WAC, Safety standards for construction work.

      6. Chapter 296-824 WAC, Emergency response.

      7. Chapter 296-841 WAC, Respiratory hazards.

      8. Chapter 296-842 WAC, Respirators.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 18-22-116, § 296-843-100, filed 11/6/18, effective 12/7/18; WSR 04-02-053, § 296-843-100, filed 1/5/04, effective 5/1/04.]