Class I
Operations

Operations that at any time within a one-year time period will or do manage over 220 pounds in total of the following:

A. Hazardous materials, including any mixtures thereof, that contain constituents referenced in 40 CFR 302.4 (referenced in Section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)); or

B. Hazardous materials, including any mixtures thereof, that contain constituents from the lists specified in Table 14.26.125A, Class II (below).

Concentration Declassification.

A Class I operation shall no longer be a classified operation if the Class I constituents (40 CFR 302.4) contained in a product or waste are individually present at less than one percent by weight for noncarcinogenic hazardous materials. Operator shall submit safety data sheets for all products used or stored on site and a detailed product inventory for review to be eligible for declassification.

Consumer Quantity Declassification.

A Class I operation shall no longer be a classified operation if both of the following conditions are met:

A. The operation is focused on research, education, distribution or consumer-oriented activities, including but not limited to laboratories, hospitals, schools, cargo handlers, distributors, warehouses or retailers; and

B. Products containing Class I or Class II hazardous materials are managed in closed containers or sealed bags with individual capacities of no more than 10 gallons for a liquid material and no more than 80 pounds for a dry or solid material.

Metal and Metal Alloy Declassification.

Solid metals and solid metal alloys, including but not limited to roll stock, bar stock, sheet stock, and manufactured articles such as equipment, parts, building materials, and piping, that contain one or more metals listed in 40 CFR 302.4 or WAC 173-303-090(8) shall be declassified; EXCEPT, that where machining, forming, grinding, cutting, melting or other activities produce residues such as shavings, grindings, swarf, fume or other finely divided particulate forms of a listed metal or metal alloy that may present a threat to water resources, such residues shall not be declassified.

Personal and Commercial Vehicle Fuel Tank Declassification.

The greater standards of subsection B of this section and VMC 14.26.130 shall not be applied to personal and commercial vehicles that are designed to or do hold quantities of fuel that would otherwise cause them to be classified under this subsection A.

Class II
Operations

Operations that at any time within a one-year time period will or do manage over 2,200 pounds in total of the following:

A. Hazardous materials, including any mixtures thereof, that exhibit the characteristic of toxicity as defined in VMC 14.26.110 because they contain leachable constituents as defined in VMC 14.26.110 from the Toxicity Characteristics List of WAC 173-303-090(8) as amended; or

B. Hazardous materials, including any mixtures thereof, that contain constituents that are referenced on the Halogenated Solvent List set forth in Table 14.26.165A.

Site Cleanup Reclassification.

A Class II operation shall be reclassified as a Class I operation if the primary activity is site remediation or cleanup pursuant to an approved settlement agreement or a remedial action under Chapter 70.105B RCW.

Concentration Reclassification.

A Class II operation shall be reclassified as a Class I operation if the Class II constituents (from WAC 173-303-090(8) or the Halogenated Solvent List set forth in Table 14.26.165A) are present in the hazardous materials being managed at concentrations of less than five percent by weight. Operator shall submit product safety data sheets and a detailed material inventory for review to determine eligibility for this provision.

Transfer Warehouse Reclassification.

A Class II operation shall be reclassified as a Class I operation if the following conditions are met:

A. The operation is a transfer warehouse as defined in VMC 14.26.110; and

B. Containers of hazardous materials are not opened at the site under any circumstance; and

C. Products containing Class II hazardous materials are managed in containers with individual capacities of no more than 400 gallons.

Consumer Quantity Declassification.

A Class II operation shall no longer be a classified operation if both of the following conditions are met:

A. The operation is focused on research, education, distribution or consumer-oriented activities, including but not limited to laboratories, hospitals, schools, cargo handlers, distributors, warehouses or retailers; and

B. Products containing Class I or Class II hazardous materials are managed in closed containers or sealed bags with individual capacities of no more than 10 gallons for a liquid material and no more than 80 pounds for a dry or solid material.

Personal and Commercial Vehicle Fuel Tank Declassification.

The greater standards of subsection B of this section and VMC 14.26.130 shall not be applied to personal and commercial vehicles that are designed to or do hold quantities of fuel that would otherwise cause them to be classified under this subsection A.