1. 173-350 Solid Waste Handling Standards

2. History
Entire 400+ page Solid Waste Handling Standards rule section updated, except for compost.
Update initially began under Gov. Gregoire before it was halted in rulemaking moratorium.
Restarted, stakeholder process began in late 2013, 12+ stakeholder workgroups met into 2016
Multiple rounds of comments on proposals. DOE close to releasing final rule and economic analysis. Recently released near final draft and response to comments.

3. What's changing? Focus on: Determination of waste test
More regulation for exempt facilities
Piles/contaminated soil.

4. Determination of waste
New Section WAC
Creates a set of criteria to determine if a material is a solid waste.
Creates criteria to determine when a waste is no longer considered solid waste.
Includes “value” among other criteria- highly relevant with National Sword.

5. A material is a solid waste if it meets ANY of the criteria…
Discarded, abandoned, or disposed of;
Placed permanently on land for the purpose of disposal;
Collected through residential or commercial solid waste or recyclable material collection; or received at a solid waste handling facility;
Byproduct generated from manufacturing or processing and is placed on the land for beneficial use;

6. A material is a solid waste if it meets ANY of the criteria…
Generator has paid for or will need to pay for removal or processing of the material for solid waste recycling, storage, incineration, or landfilling.
Stockpiled for recycling, reuse, or use after recycling, but no market is available and stockpiles pose risk/violate rules related to human health or environment.

7. Material is not a solid waste if it meets ALL the criteria..
Must first meet criteria in previous section to be considered a waste:
No longer discarded or abandoned.
Has been recycled, or is ready for reuse.
Material has positive market value, as indicated by established markets for the material. Paying a person to remove or process the material for recycling, disposal, or incineration is not positive market value, nor is paying a discounted amount for removal or processing.

8. Material is not a solid waste if it meets ALL the criteria…
Stored and managed to preserve its value, and is stored in a manner that presents little or no risk to human health and the environment; and
Does not contain harmful chemical etc.
In an action to enforce the requirements of this chapter, the generator or person in possession of the material must demonstrate that the material is no longer a solid waste.

9. Exempt facilities Exempt facilities problematic history.
Majority of exempt facilities in Washington will have to become permitted.
Better enforcement- more facilities permitted and regulated with a much smaller category of exempt facilities to monitor.

10. Exempt facilities
Previously two classes of exempt facilities, and 310. Now combined into single class in
Accept only wastes segregated into individual material streams. Examples: loads composed solely of cardboard, mattresses, or metal of one type or several types.
More than one individual material stream may be accepted at the same facility, but mixed waste materials, including commingled recyclable materials, may not be accepted under this exemption;

11. Exempt facilities
Dispose of an incidental and accidental residual not to exceed five percent of the total waste received, by weight per year, and five percent by weight per load;
Thirty days prior to operation, facilities must submit a notification of intent to operate.
Submit an annual report including quantities and types of waste received, recovered or recycled, and disposed, and destination of the materials.

12. Piles
Existing rules not applied correctly. Changes will require more facilities to become permitted.
Applies to piles stored outdoors only.
Still under development- changes driven by Concrete and Aggregates Association and related groups.
Applies different time and volume limits to different categories of waste: wood waste, wood-derived fuel, non-ferrous metals, brick, cured concrete, asphaltic materials, contaminated soils,

13. Contaminated Soils
DOE proposed a rule to regulate contaminated soils and provide statewide standards.
Original rule section was both too stringent and too weak. Overcomplicated.
DOE deleted the new proposed soils sections and replaced them with modest definitional changes.
New rule uses existing MTCA standards, results in little overall change, and reverts to jurisdictional standards.

14. Summary Rule is an overall improvement.
Addresses many longstanding issues and DOE has expressed support on a number of issues including sham recycling and enforcement.
Rule “very close” to finalized. CR 102 Proposal any day now, hearings in early 2018, adoption early spring 2018.
Long implementation plan.

15. Implementation
DOE has discussed a possible 3 year implementation plan.
Effective Dates:
Existing facility- operating, environmental, post-closure, and financial assurance requirements- 18 months.
Existing facility- design requirements- 24 months
Existing facility- permit modifications- 12 months
Existing exempt facilities- meet new requirements or apply for permit- 12 months