WAC 173-303-090   Dangerous waste characteristics.  (1) Purpose. The purpose of this section is to set forth characteristics which a solid waste might exhibit and which would cause that waste to be a dangerous waste.

     (2) Representative samples. The department will consider a sample obtained using any of the applicable sampling methods described in WAC 173-303-110(2), sampling and testing methods, to be a representative sample.

     (3) Equivalent test methods. The testing methods specified in this section are the only acceptable methods, unless the department approves an equivalent test method in accordance with WAC 173-303-910(2).

     (4) Quantity exclusion limit. A solid waste is a dangerous waste if it exhibits one or more of the dangerous waste characteristics described in subsections (5), (6), (7), and (8) of this section. If a person's solid waste exhibits one or more of these characteristics, then he or she is a dangerous waste generator (and may not be considered a small quantity generator as provided in WAC 173-303-070(8)) if the quantity of their waste exceeds 220 lbs. (100 kg) per month or per batch.

     (5) Characteristic of ignitability.

     (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:

     (i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78;

     (ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard;

     (iii) It is an ignitable compressed gas that is defined in 49 CFR 173.115 and is determined to be flammable by the test methods described in that regulation; or,

     (iv) It is an oxidizer, if it is defined as such in 49 CFR 173.127.

     (b) A solid waste that exhibits the characteristic of ignitability must be designated DW, and assigned the dangerous waste number of D001.

     (6) Characteristic of corrosivity.

     (a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has any one or more of the following properties:

     (i) It is aqueous and has a pH less than or equal to 2, or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a);

     (ii) It is liquid and corrodes steel (SAE 1020) at a rate greater than 0.250 inch (6.35 mm) per year at a test temperature of 55 degrees C (130 degrees F) as determined by the test method specified in NACE (National Association of Corrosion Engineers) Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a); or

     (iii) It is solid or semisolid which, upon testing using Method 9045 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW 846), results in a pH less than or equal to 2, or greater than or equal to 12.5.

     (b) A solid waste that exhibits the characteristic of corrosivity because:

     (i) It has either of the properties described in (a)(i) or (ii) of this subsection will be designated DW, and assigned the dangerous waste number of D002;

     (ii) It only has the property described in (a)(iii) of this subsection will be designated DW, and assigned the dangerous waste number of WSC2.

     (7) Characteristic of reactivity.

     (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:

     (i) It is normally unstable and readily undergoes violent change without detonating;

     (ii) It reacts violently with water;

     (iii) It forms potentially explosive mixtures with water;

     (iv) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;

     (v) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5 can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;

     (vi) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;

     (vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or

     (viii) It is a forbidden explosive as defined in 49 CFR 173.54, or a Class 1 explosive, Division 1.1, Division 1.2, Division 1.3, and Division 1.5, as defined in 49 CFR 173.50.

     (b) A solid waste that exhibits the characteristic of reactivity must be designated DW, and assigned the dangerous waste number of D003.

     (8) Toxicity characteristic.

     (a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in WAC 173-303-110 (3)(a), the extract from a representative sample of the waste contains any of the contaminants listed in the toxicity characteristic list in (c) of this subsection, at concentrations equal to or greater than the respective value given in the list. When the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this subsection.

     (b) A solid waste that exhibits the toxicity characteristic has the dangerous waste number specified in the list which corresponds to the toxic contaminant causing it to be dangerous.

     (c) Toxicity characteristic list. Any waste that contains contaminants which occur at concentrations at or above the DW threshold must be designated DW.

TOXICITY CHARACTERISTICS LIST:


Maximum Concentration of Contaminants

for the Toxicity Characteristic

Dangerous

Waste

Number
 Contaminant
 (Chemical

Abstracts

Services #)
 DW

(mg/L)
D004 Arsenic (7440-38-2) 5.0
D005 Barium (7440-39-3) 100.0
D018 Benzene (71-43-2) 0.5
D006 Cadmium (7440-43-9) 1.0
D019 Carbon tetrachloride (56-23-5) 0.5
D020 Chlordane (57-74-9) 0.03
D021 Chlorobenzene (108-90-7) 100.0
D022 Chloroform (67-66-3) 6.0
D007 Chromium (7440-47-3) 5.0
D023 o-Cresol (95-48-7)

/1/		 200.0
D024 m-Cresol (108-39-4)

/1/		 200.0
D025 p-Cresol (106-44-5)

/1/		 200.0
D026 Cresol /1/ 200.0
D016 2,4-D (94-75-7) 10.0
D027 1,4-Dichlorobenzene (106-46-7) 7.5
D028 1,2-Dichloroethane (107-06-2) 0.5
D029 1,1-Dichloroethylene (75-35-4) 0.7
D030 2,4-Dinitrotoluene (121-14-2)

/2/

0.13
D012 Endrin (72-20-8) 0.02
D031 Heptachlor (and its

epoxide)		 (76-44-8) 0.008
D032 Hexachlorobenzene (118-74-1)

/2/

0.13
D033 Hexachlorobutadiene (87-68-3) 0.5
D034 Hexachloroethane (67-72-1) 3.0
D008 Lead (7439-92-1) 5.0
D013 Lindane (58-89-9) 0.4
D009 Mercury (7439-97-6) 0.2
D014 Methoxychlor (72-43-5) 10.0
D035 Methyl ethyl ketone (78-93-3) 200.0
D036 Nitrobenzene (98-95-3) 2.0
D037 Pentachlorophenol (87-86-5) 100.0
D038 Pyridine (110-86-1)

/2/

5.0
D010 Selenium (7782-49-2) 1.0
D011 Silver (7440-22-4) 5.0
D039 Tetrachloroethylene (127-18-4) 0.7
D015 Toxaphene (8001-35-2) 0.5
D040 Trichloroethylene (79-01-6) 0.5
D041 2,4,5-Trichlorophenol (95-95-4) 400.0
D042 2,4,6-Trichlorophenol (88-06-2) 2.0
D017 2,4,5-TP (Silvex) (93-72-1) 1.0
D043 Vinyl chloride (75-01-4) 0.2

/1/      If 0-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used.
/2/ At the time the TC rule was adopted, the quantitation limit was greater than the calculated regulatory level. The quantitation limit therefore became the regulatory level.




[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-090, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 98-03-018 (Order 97-03), § 173-303-090, filed 1/12/98, effective 2/12/98; 95-22-008 (Order 94-30), § 173-303-090, filed 10/19/95, effective 11/19/95; 94-01-060 (Order 92-33), § 173-303-090, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapters 70.105 and 70.105D RCW, 40 CFR Part 271.3 and RCRA § 3006 (42 U.S.C. 3251). 91-07-005 (Order 90-42), § 173-303-090, filed 3/7/91, effective 4/7/91. Statutory Authority: Chapter 70.105 RCW. 87-14-029 (Order DE-87-4), § 173-303-090, filed 6/26/87; 86-12-057 (Order DE-85-10), § 173-303-090, filed 6/3/86; 84-14-031 (Order DE 84-22), § 173-303-090, filed 6/27/84. Statutory Authority: RCW 70.95.260 and chapter 70.105 RCW. 82-05-023 (Order DE 81-33), § 173-303-090, filed 2/10/82.]