Toxic Category | Fish LC50(mg/L)b | Oral Rat LD50(mg/kg) | Inhalation Rat LC50(mg/L)c | Dermal Rabbit LD50(mg/kg) |
X | <0.01 | | <0.5 | | <0.02 | | <2 | |
A | 0.01 - <0.1 | | 0.5 - <5 | | 0.02 - <0.2 | | 2 - <20 | |
B | 0.1 - <1 | | 5 - <50 | | 0.2 - <2 | | 20 - <200 | |
C | 1 - <10 | | 50 - <500 | | 2 - <20 | | 200 - <2000 | |
D | 10 - 100 | | 500 - 5000 | | 20 - 200 | | 2000 - 20,000 | |
| a | These four test endpoints are defined in WAC 173-303-040. |
| b | Fish LC50 data must be derived from an exposure period greater than or equal to twenty-four hours. A hierarchy of species LC50 data should be used that includes (in decreasing order of preference) salmonids, fathead minnows, and other fish species. |
| c | Inhalation Rat LC50 data must be derived from an exposure period greater than or equal to one hour. |
(ii) A person whose waste contains one or more toxic constituents must determine the equivalent concentration for the waste from the following formula:
Equivalent | ∑X% | + | ∑A% | + | ∑B% | + | ∑C% | + | ∑D% |
Concentration (%) = | 1 | | 10 | | 100 | | 1000 | | 10,000 |
where ∑(X,A,B,C, or D)% is the sum of all the concentration percentages for a particular toxic category.
Example 1. A person's waste contains: Aldrin (A Category) - .01%; Endrin (A Category) - 1%; Benzene (D Category) - 4%; Phenol (C Category) - 2%; Dinoseb (B Category) - 5%; Water (nontoxic) - 87%. The equivalent concentration (E.C.) would be:
E.C. (%) | = | 0% | + | (0.01%+ 1.0%) | + | 5.0% | + | 2.0% | + | 4.0% |
| | 1 | | 10 | | 100 | | 1000 | | 10,000 |
| = | 0% + 0.101% + 0.05% + 0.002% + 0.0004% = 0.1534% |
So the equivalent concentration equals 0.1534%.
(iii) A person whose waste contains toxic constituents must determine its designation according to the value of the equivalent concentration:
(A) If the equivalent concentration is less than 0.001%, the waste is not a toxic dangerous waste; or
(B) If the equivalent concentration is equal to or greater than 0.001% and less than 1.0%, the person will designate the waste as DW and assign the dangerous waste number WT02; and
(C) If the equivalent concentration is equal to or less than 0.01%, the DW may also be a special waste; or
(D) If the equivalent concentration is equal to or greater than 1.0%, the person will designate the waste as EHW and assign the dangerous waste number WT01.
Example 1. Continued. The equivalent concentration of 0.1534% (from Example 1. above) is greater than 0.001% and less than 1.0%. The waste is DW and the dangerous waste number WT02 must be assigned.
(iv) Reserve.
(c) Designation from bioassay data. A person may determine if a waste meets the toxicity criteria by following the bioassay designation instructions of either:
(i) The DW bioassay. To determine if a waste is DW, a person must establish the toxicity category range of a waste by means of the 100 mg/L acute static fish test, as described in the biological testing methods (bioassay) adopted in WAC
173-303-110(3). If data from the test indicates that the waste is DW, then the person will assign the dangerous waste number WT02. Otherwise, the waste is not regulated as toxic dangerous waste. No further testing must be done except as provided in WAC
173-303-070 (4) and (5), or if the person chooses to determine whether the waste is EHW, or in the case of state-only solid dangerous waste, if the person chooses to determine whether the waste is special waste; or
(ii) The EHW and special waste bioassay. To determine if a waste is EHW, a person must establish the toxicity of a waste by means of the fish bioassay at 10 mg/L, as described in the biological testing methods (bioassay) adopted in WAC
173-303-110(3). (
NOTE: A fish bioassay at 1 mg/L corresponds with the definition of EHW, which includes toxic categories X-B. However, the fish bioassay is not reproducible at these low levels.) If data from the test indicates that the waste is EHW, then the person will assign the dangerous waste number WT01. Otherwise, the waste will be designated DW, and the person will assign the dangerous waste number WT02. A person with state-only solid waste may choose to test a waste to determine if it is special waste. Testing levels for special waste must be at 10 mg/L for the fish bioassay. No further testing must be done except as provided in WAC
173-303-070 (4) and (5), or if the person chooses to test the waste in accordance with WAC 173-303-100 (5)(c)(i) to determine if the waste is not regulated as toxic dangerous waste.
(d) If the designation acquired from book designation and bioassay data do not agree, then bioassay data will be used to designate a waste. If a waste is designated as DW or EHW following the book designation procedure, a person may test the waste by means of the biological testing methods (bioassay) adopted under WAC
173-303-110(3) to demonstrate that the waste is not a dangerous waste or should be designated as DW and not EHW.
(e) A waste designated as DW by toxicity criteria must be assigned the dangerous waste number of WT02. A waste designated as EHW by toxicity criteria must be assigned the dangerous waste number of WT01.
(6) Persistence criteria. For the purposes of this section, persistent constituents are chemical compounds which are either halogenated organic compounds (HOC), or polycyclic aromatic hydrocarbons (PAH), as defined under WAC
173-303-040. Except as provided in WAC
173-303-070 (4) or (5), a person may determine the identity and concentration of persistent constituents by either applying knowledge of the waste or by testing the waste according to WAC
173-303-110 (3)(c)
Chemical Testing Methods for Designating Dangerous Waste Publication #97-407.
(a) Except as provided in WAC
173-303-070(4), if a person knows only some of the persistent constituents in the waste, or only some of the constituent concentrations, and if the waste is undesignated for those known constituents or concentrations, then the waste is not designated for persistence under this subsection.
(b) When a waste contains one or more halogenated organic compounds (HOC) for which the concentrations are known, the total halogenated organic compound concentration must be determined by summing the concentration percentages for all of the halogenated organic compounds for which the concentration is known.
Example 2. A waste contains: Carbon tetrachloride - .009%; DDT - .012%; 1,1,1 - trichloroethylene - .020%. The total halogenated organic compound concentration would be:
Total HOC Concentration (%) = .009% + .012% +.020% =.041%
(c) A person whose waste contains polycyclic aromatic hydrocarbons (PAH) as defined in WAC
173-303-040, must determine the total PAH concentration by summing the concentration percentages of each of the polycyclic aromatic hydrocarbons for which they know the concentration.
Example 3. A person's waste contains: Chrysene - .08%; 3,4 - benzo(a)pyrene - 1.22%. The total polycyclic aromatic hydrocarbon concentration would be:
Total PAH Concentration (%) = .08% + 1.22% = 1.30%
(d) A person whose waste contains halogenated organic compounds and/or polycyclic aromatic hydrocarbons must determine its designation from the persistent dangerous waste table.
PERSISTENT DANGEROUS WASTE TABLE
If your waste contains... | At a total concentration level of... | Then your waste's designation, and waste # are... |
Halogenated Organic Compounds (HOC) | 0.01% to 1.0% greater than 1.0% | DW, WP02 EHW, WP01 |
Polycyclic Aromatic Hydrocarbons (PAH) | greater than 1.0% | EHW*, WP03 |
*No DW concentration level for PAH. |
(7) Reserve.
[Statutory Authority: Chapter
70.105,
70.105D RCW and Subtitle C of RCRA. WSR 20-20-045 (Order 19-07), § 173-303-100, filed 9/30/20, effective 10/31/20. Statutory Authority: Chapter
70.105 RCW. WSR 15-01-123 (Order 13-07), § 173-303-100, filed 12/18/14, effective 1/18/15. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 09-14-105 (Order 07-12), § 173-303-100, filed 6/30/09, effective 7/31/09. Statutory Authority: Chapters
70.105, 70.105D, and
15.54 RCW and RCW
70.105.007. WSR 04-24-065 (Order 03-10), § 173-303-100, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 03-07-049 (Order 02-03), § 173-303-100, 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), § 173-303-100, filed 5/10/00, effective 6/10/00. Statutory Authority: Chapters
70.105 and
70.105D RCW. WSR 98-03-018 (Order 97-03), § 173-303-100, filed 1/12/98, effective 2/12/98; WSR 95-22-008 (Order 94-30), § 173-303-100, filed 10/19/95, effective 11/19/95; WSR 94-01-060 (Order 92-33), § 173-303-100, filed 12/8/93, effective 1/8/94. Statutory Authority: Chapter
70.105 RCW. WSR 84-09-088 (Order DE 83-36), § 173-303-100, filed 4/18/84. Statutory Authority: Chapter
70.105 RCW and RCW
70.95.260. WSR 82-05-023 (Order DE 81-33), § 173-303-100, filed 2/10/82.]