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II; Program Description

Oregon

Department of Environmental Quality

June 1994
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PROGRAM DESCRIPTION

TABLE OF CONTENTS

Scope, Structure, Coverage and Processes of State

Program

Program Organization, Staffing and Budget

Facility Permitting, Public Notice and Appeal

Procedures

Forms

Compliance Monitoring and Enforcement

Manifest Program

Generators, Transporters and Management Facilities

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Program Description

Note: This Program Description supersedes all previous Program Descriptions.

A. Scope. Structure. Coverage. and Processes of State Program

1. Background

In 1971, the Oregon Legislature passed House Bill (HB) 1931. This landmark bill

codified Oregon's hazardous waste program in Oregon Revised Statutes as

Chapter 459. In 1985, the Oregon legislature separated the hazardous waste

statutes from the solid waste statutes. Hazardous waste statutes are now found

in ORS Chapter 466. The statutes require treatment, storage and disposal

permits; establish generator requirements; permitting requirements; monitoring

and surveillance procedures; and enforcement. Several amendments to ORS

Chapter 466 have occurred, the most recent in 1987.

Currently, Oregon's hazardous waste regulations are equivalent to the federal

hazardous waste regulations through July 1, 1993. That portion of the state's

program administered by the Department of Environmental Quality (DEQ) is

contained in Oregon Revised Statutes (ORS) Chapters 466 and 468 and Oregon

Administrative Rules (OAR) Chapter 340, Divisions 12, 100 through 106, 108

through 111 and 120.

2. Authorization

On January 31, 1986 Oregon became authorized for the base RCRA program, and

on May 29, 1990 Oregon became authorized for revisions to its initial

authorization. The latter authorization includes Definition of Solid Waste,

Checklist 13; Financial Responsibility: Settlement Agreement, Checklist 24;

Spent Pickle Listing, Checklist 26; Corporate Guarantee-Liability Coverage,

Checklist 27; Standards for Hazardous Waste Treatment and Storage Tanks,

Checklist 28; Corrections to the Listing of Commercial Chemical Products,

Checklist 29; Closure/Post Closure Care for Interim Status Surface

Impoundments, Checklist 36; Technical Corrections to the Definition of Solid

Waste, Checklist 37; Amendments to Part B Information Requirements for

Disposal Facilities, Checklist 38; Availability of Information (3006(f)), and

Radioactive Mixed Wastes.

This HSWA/RCRA revision authorization application includes the following

regulations listed by Cluster(s) and corresponding Checklist(s) (CL):

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a. Non-HSWA Cluster I: Removal of strontium sulfide from list of

hazardous wastes, CL 86; administrative stay for K069, CL 88; Mining

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e.

Waste Exclusion III, CL 90;

Non-HSWA Cluster II: Amendments to downgradient groundwater

monitoring well location requirements, CL 99;

Non-HSWA Cluster III: Revised manual SW-846; amended

incorporation by reference, CL 35; consolidated liability requirements,

CL 113;

Non-HSWA Cluster IV: List (phase I) of hazardous constituents for

groundwater monitoring, CL 40; identification and listing of hazardous

waste, CL 41; liability requirements for hazardous waste facilities

(corporate guarantee), CL 43; hazardous waste miscellaneous units, CL

45; technical correction; 'identification and listing of hazardous wastes,

CL46;

Non-HSWA Cluster V: Identification and listing of hazardous waste

(treatability studies sample exemption), CL 49; identification and listing

of hazardous waste and designation reportable quantities and

notification, CL 53; permit modifications for hazardous waste

management facilities, CL 54; statistical methods for evaluating

groundwater monitoring data from hazardous waste facilities, CL 55;

identification and listing hazardous waste, removal of iron dextran from

the list of hazardous wastes,' CL 56; identification and listing of

hazardous waste, removal of strontium sulfide from the list of

hazardous wastes, CL 57; standards for generators of hazardous wastes,

CL 58; hazardous waste miscellaneous units, CL 59; amendment to

requirements for hazardous waste incinerator permits, CL 60;

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f. Non-HSWA Cluster VI: Delay of closure period for hazardous waste

management facilities, CL 64; Mining Waste Exclusion I, CL 65;

testing and monitoring activities, CL 67; changes to Part 124 not

accounted for by present checklists, CL 70; Mining Waste Exclusion II,

CL 71; modification of F019 listing, CL 72; testing and monitoring

activities, technical corrections, CL 73; criteria for listing toxic wastes,

technical amendment, CL 76;

g. HSWA Cluster 1: HSWA codification rule, CL 17 (B-S, except AI, L,

M and P); listing TDI, TDA, DNT, CL 18; burning of waste fuel and

used oil fuel in boilers and industrial furnaces, CL 19; spent solvents

listing, CL 20; EDB waste listing, CL 21; four spent solvents listing,

'Checklist 17A was superseded by Checklist 23 for which Oregon was authorized in 1990.

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CL 22; paint filter test, corrections, CL 25; Biennial reports,

correction, CL 30; exports of hazardous waste, CL 31; standards for

generators (waste minimization certifications),CL 32; listing of EBDC,

CL 33; land disposal restrictions, CL 34; organic air emissions

standards for process vents and equipment leaks, CL 79; toxicity

characteristic exclusion of hydrocarbon recovery units, CL 80;

petroleum refinery primary and secondary solids separation sludge

listings (F037, F038), CL 81; wood preserving listings, CL 82; LDR

third-third technical amendments, CL 83; toxicity characteristic,

chlorofluorocarbon refrigerant recycling exclusion, CL 84; burning

hazardous wastes in boilers and industrial furnaces, CL 85; organic air

emission standards for process vents and equipment leaks, technical

amendment, CL 87; revisions to F037 and F038 listings, CL 89;

administrative stay of pad permeability requirements until October 31,

1992, CL 101; corrections to the Third-Third LDR regulations, CL

102; sharing of information with the agency for toxic substances and

disease registry, hazardous and used oil fuel criminal penalties;

HSWA Cluster II: California list waste restrictions, CL 39: exception

reporting for small quantity generators, CL 42; HSWA codification rule

2, CL 44 (D-G, except' A, B and C); identification and listing, CL 47;

farmer exemption, technical corrections; CL 48; land disposal

restrictions for' first third scheduled waste, CL 50; hazardous waste

management systems, standards for hazardous waste storage and

treatment tank systems, CL 52; land disposal restrictions amendments

to first third scheduled wastes, CL 62; land disposal restrictions for

second third scheduled wastes, CL 63; land disposal restrictions

correction to the first third schedule wastes, CL 66; reportable quantity

adjust methyl bromide production wastes, CL 68; reportable quantity

adjustment, CL 69; toxicity characteristic revisions, CL 74; listing of

1, l-Dimethylhydrazine production wastes, CL 75; HSWA codification

rule, double liners, corrections, CL 77; land disposal restrictions, thirdthird, CL 78; technical corrections to wood preserving listings, CL 92;

burning hazardous wastes in boilers and furnaces, technical

amendments, CL 94; LDR restrictions for K061, CL 95; burning

hazardous waste in boilers and industrial furnaces, technical

amendments, CL 96; exports of hazardous wastes, technical

corrections, CL 97; administrative stay for applicability and technical

amendment to BIF, CL 98; liners and leak detection systems for

hazardous waste land disposal units, CL 100; hazardous debris case-by-

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2Checklist MA, B, and C pertain to corrective action and will be included in a future

application.

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3. Relationship with other State Agencies and the Environmental Quality

Commission

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case capacity variance, CL 103; oil filter exclusion, CL 104; recycled

coke by-product exclusion, CL 105; and lead-bearing hazardous

materials case-by-case capacity variance, CL 106;

HSWA Cluster III: Identification and listing of hazardous wastes,

toxicity characteristic corrections, CL 108; Land disposal restrictions

for newly listed wastes and hazardous debris, CL 109; coke byproduces listings, CL 110; burning of hazardous waste in boilers and

industrial furnaces, CL 111; recycled used oil management standards,

CL 112; burning of hazardous waste in boilers and industrial furnaces,

amendment IV, CL 114; chlorinated toluene production waste listing,

CL 115; hazardous soil cases-by-case capacity variance, CL 116;

liquids in landfill, CL 118; toxicity characteristic revisions, CL 119;

wood preserving, amendments to listings and technical requirements,

CL 120; recycled used oil management standards, technical corrections,

CL 122; land disposal restrictions; renewal of the hazardous waste

debris case-by-case capacity variance, CL 123; and Land disposal

restrictions for ignitable and corrosive characteristic wastes whose

treatment standards were vacated, CL 124.

State Department of Agriculture.

Presently, the Department of Agriculture (DOA) regulates the use of

pesticides in the state by registering all pesticides and licensing all

pesticide applicators. Until passage of hazardous waste legislation in

1971, DOA also regulated disposal of waste pesticides and containers.

The DEQ now regulates waste pesticides and pesticide containers (See

OAR Chapter 340, Division 109).

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b. State Department of Forestry.

The Department of Forestry maintains a significant pesticide application

program in its reforestation projects. The DEQ would regulate any

pesticide residue generated from those spraying operations.

c. State Health Division.

DEQ is the lead agency in regulating mixed waste handlers in Oregon.

The State Health Division is charged with the licensing of radioactive

material use in Oregon, and the disposal of the radioactive constituent

of mixed wastes. The Health Division and the DEQ would coordinate

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mixed waste activities, however.

State Public Utility Commissioners (PUC).

The State Public Utility Commissioner (PUC) regulates transportation

of all materials in the State. The PUC and DEQ jointly administer the

hazardous waste transportation regulations under the same relationship

that exists between the federal Department of Transportation and the

EPA, and share hazardous waste transporter enforcement

responsibilities. Basically, if the transportation issue revolves around

generation, storage, treatment or disposal of hazardous waste, the DEQ

exercises its authority. If the transportation issue is safety related, the

PUC has authority. The DEQ would cooperate fully and enlist the

assistance of the PUC on matters dealing with generators and TSD.

The DEQ must comply with the Oregon Administrative Procedures Act

(ORS 183) and Public Records Law (ORS 192).

State Department of Energy.

The DEQ is the lead agency and is authorized to regulate mixed waste

handlers in Oregon. The Oregon Department of Energy administers the

Energy Conservation Programs in Oregon; staffs the Energy Facility

Siting Council; and oversees Nuclear Safety and Energy facilities. The

Department of Energy and the DEQ would coordinate mixed waste

activities.

State Department of Justice.

The Department of Justice advises the DEQ on legal matters concerning

hazardous wastes.

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g. State Department of Transportation.

The Department of Transportation regulates the transportation of

hazardous materials. Currently, hazardous waste transporters are not

required to obtain a RCRA permit to transport hazardous wastes.

Likewise, DEQ need not enforce DOT transporter regulations. If

however, a transporter were also a generator, permitted TSD, or

designated recycler, the DEQ would require the permit under its

statutory authority and would be the sole enforcement authority over

RCRA issues. The PUC does not have RCRA statutory authority.

(Note that the federal Uniform Hazardous Material Transportation and

Safety Act strongly confirms and pre-empts state and EPA authority

over transportation issues. This clarifies jurisdictional issues between

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state and federal environmental and transportation agencies) .

Environmental Quality Commission (EQC)

The relationship between the EQC and the DEQ is spelled out in

Oregon Statutes, ORS 466 and in the hazardous waste regulations,

Chapter 340, Division 100, Definitions. Basically, the EQC is the

policy and rulemaking body for the DEQ. TheEQC issues regulations,

hazardous waste treatment and disposal permits, may limit the number

of hazardous waste disposal and treatment facilities in Oregon, and

would rule on delisting petitions pursuant to ORS 466.015(3). The

statute describes certain findings the EQC must make before

designating a hazardous waste non-hazardous. In addition, the EQC

may direct the DEQ to address permit denials under 40 CFR 124.5(c).

The EQC acts on recommendation by the DEQ after extensive public

involvement in topics.

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4. Rules and Regulations

In accordance with the provisions in Oregon's statutes (Appendix C), the

Environmental Quality Commission (EQC) has adopted hazardous waste

management regulations under twelve (Divisions 100, 101, 102, 103, 104,

105, 106, 108, 109, 110, 111, and 120 (Appendix B)). Oregon's hazardous

waste regulations were first issued in 1976 and have been revised several times

since. Oregon statutes and administrative rules contain definitions for solid

waste and hazardous waste. At this time, these definitions contain the same

categorical exemptions (i.e., domestic sewage, utility wastes, crude oil and

natural gas exploratory wastes, etc.) that the EPA definitions do, except that

the mining exemption does not include wastes generated during the processing

of ores which narrows the federal exclusion of materials from the definition of

solid waste.

The use of the term "residue" in ORS 466.005(7)(a) and (b) can be construed

. to cover all wastes intended to be covered by EPA's definition in RCRA

-]1004(27) and defined in 40 CFR 261.2. Also, it is the state's opinion that the

terms "any process of industry, manufacturing, trade or business or

government or recovery of natural resources" in ORS 466.005(7)(b) is

equivalent to the use of the terms "industrial, commercial, mining and

agricultural operations and from community activities" in RCRA 1004(27).

Typically, Oregon's universe of wastes is broader than the federal universe in

some areas. However, the ignitable, corrosive, reactive and toxicity

characteristics hazardous wastes are identical to the federal universe of wastes.

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The State-only hazardous waste rules augment, amend, or delete the federal

hazardous waste regulations, 40 Code of Federal Regulations (CFR) Part 260

through 266, 268, 270, 279 and Subpart A of 124. Significant provisions of

the state regulatory program are outlined below (See Appendices Band C for

the Hazardous Waste Regulations and Statutes):

a. Division 61. Solid Waste Management General.

Although these regulations deal with Solid Waste Management, OAR

340-61-060 prohibits the disposal of another state's state-only hazardous

wastes in an Oregon landfill, and precludes the disposal of lead-acid·

batteries.

b. Division 100. Hazardous Waste Management System:

Purpose and Scope.

Oregon Administrative Rules (OAR) 340-100-001 (2) state the DEQ's

commitment to toxic use reduction, waste reduction and minimization,

beneficial use of hazardous waste, recycling, and treatment in lieu of

disposal.

Adoption of the United States Environmental Protection Agency (EPA)

Hazardous Waste Regulations.

Currently, OAR 340-100-002(1) adopt by reference all applicable

federal RCRA requirements in 40 CFR Parts 260-266, 268, 270, 279,

and Subpart A of 124, promulgated through July 1, 1993. Divisions

12, 100-110 and 120, of OAR Chapter 340, contain: (1) modifications

to the federal RCRA requirements; and (2) additional state requirements

pursuant to Oregon law. In addition, all federal regulatory references

required to implement the hazardous: waste regulatory program are

adopted by reference in OAR 340-100-011.

Definitions.

OAR 340-100-010 contains definitions for solid and hazardous waste.

At this time, these definitions contain the same categorical exemptions

(e.g., domestic sewage, utility wastes, crude oil and natural gas

exploratory wastes, etc.) as the EPA definitions, except that the mining

exemption does not include wastes generated during the processing of

ores which narrows the federal exclusion of material from the definition

of solid waste.

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c.

In addition, the use of the term "residue" in ORS 466.005(7)(a) and (b)

can be construed to cover all solid wastes intended to be covered by

EPA's definition in RCRA 1004(27) and defined in 40 CFR 261.2.

The definition of "residue" is found in OAR 340-100-01O(z) and means

"solid waste as defmed in 40 CFR 261.2." Also, the term "any

process of industry, manufacturing, trade or business or government or

recovery of natural resources" in ORS 466.005(7)(b) is equivalent to

the use of the term "industrial, commercial, mining and agricultural

operations and from community activities" in RCRA 1004(27).

Petitions.

OAR 340-100-020, 021, 022 describe procedures analogous to 40 CFR

260.20 and 260.22 and DEQ (ORS 466.015) to declassify (delist)

substances from their respective hazardous waste characteristics and/or

lists. The EQC would rule on delisting petitions pursuant to ORS

466.015(3) and the applicable federal and state regulations. The EQC

would not be involved in "contained in" determinations because these

determinations are not declassifications.

Division 101. Identification and Listing of Hazardous Waste:

Oregon's universe of wastes is generally broader in scope than the

federal universe. However, the ignitable, corrosive, reactive and

toxicity characteristics wastes are identical to the federal universe. In

no case is the state less inclusive than the federal universe.

. Exclusions.

OAR 340-101-004(1) modifies 40 CFR 261.4(b)(7) by narrowing the

federal exclusion of materials from the solid waste definition, and OAR

340-101-004(2) includes processing residues as solid wastes.

Additional Hazardous Waste.

OAR 340-101-033 designates as hazardous waste any waste containing

10 percent or more of a "U" listed commercial chemical substance or 3

percent or more of a "P" listed substance. Additionally, OAR

340-101-033 covers all pesticide waste and pesticide manufacturing

residues, based on DEQ's aquatic toxicity test. Specifically, waste

pesticides (excess spray mixture, rinse water, wash waters, etc.) not

covered by the federal rules or by OAR 340-101-033 may be regulated

under OAR Chapter 340, Division 109.

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d.

Recently, EPA promulgated regulations listing spent potliners and five

.other metals as hazardous wastes, and the DEQ deleted its separate

listing of spent potliners and adopted the federal listing. However, the

DEQ continues to regulate certain nerve agents, such as Sarin and VX,

as hazardous waste (OAR 340-101-033(b).

Division 102. Standards Applicable to Generators of Hazardous Waste:

Purpose, Scope and Applicability.

Division 102 requires all generators to manage their wastes in a manner

equivalent to federal standards for handling, transportation, storage and

disposal, including packaging and labeling according to federal DOT

standards. In addition, OAR 340-102-010(4) imposes requirements on

generators of waste pesticide and pesticide containers who may not be

subject to the federal rules.

Hazardous Waste Determination.

OAR 340-102-011 replaces 40 CFR 262.11. In addition to the federal

waste characterization procedures, this regulation requires generators

who do not have a federal listed and/or characteristic hazardous waste

to determine if they have an Oregon-only hazardous waste. This rule

also clarifies the federal land disposal restrictions requiring generators

to do a full characterization of their hazardous waste.

Identification and Verification.

OAR 340-102-012 requires generators and treatment, storage, disposal,

and recycling facilities to verify registration information annually.

Accumulation Time.

OAR 340-102-034 require that generators subject to the 90-day storage

limit, in 40 CFR 262.34 (i.e., generators of 1,000 kg/mo. or more of

hazardous waste or more than 1 kg/mo. of acute hazardous waste) must

provide secondary containment, pursuant to 40 CFR 264.175, if storing

more than 100 containers.

Annual Reporting.

OAR 340-102-041 mandates that all registered generators must submit

annual reports to the DEQ. The reports must specify the types and

amounts of wastes generated and the final disposition, and all other

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elements reported on the federal Biennial Report and Capacity

Assurance plan. In addition, information on waste minimization

activities must be submitted annually.

Exception Reporting.

Combined with OAR 340-102-044, OAR 340-102-042 requires small

quantity generators to follow the exception reporting requirements for

large quantity generators.

Periodic Survey.

OAR 340-102-045 has been deleted.

International Shipments.

In addition to 40 CFR 262.50 through 262.58, OAR 340-102-050

requires persons [from Oregon] who ship hazardous waste outside the

U.S. to notify the DEQ in writing as well.

Instructions for the Uniform Hazardous Waste Manifest.

OAR 340-102-060 requires generators to complete several of the

optional blocks of the Uniform Manifest. At this time, Oregon does

not supply blank manifests.

Hazardous Waste Generator Fees.

OAR 340-102-065 requires all generators, except conditionally-exempt

small quantity generators, to pay annual fees, based upon the amount of

waste generated and the management methods employed.

Farmers.

In addition to 40 CFR 262.70, farmers must comply with the

requirements of Division 109, Pesticide Waste and Empty Container

management regulations.

e. Division 103. Standards Applicable to Transporters of Hazardous Waste

by Air or Water:

The DEQ shares the hazardous waste transportation authority with the

PUC the same way the EPA and DOT share hazardous waste

transporter enforcement responsibilities. These responsibilities are

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described in the DOT and EPA Memorandum of Understanding. (PUC

has adopted DOT rules by reference - see OAR 860 - Divisions 46 and

66). In addition, transportation of hazardous wastes by air or water is

regulated exclusively by DEQ pursuant to OAR 340-100-002 and OAR

340 - Division 103. Other forms of transportation are jointly

administered by DEQ and PUc. The DEQ's hazardous waste

transporter rules are equivalent to EPA Part 263 rules, since the latter

have been adopted by reference by the DEQ.

Division 104. Standards for Owners and Operators of Hazardous

Waste Treatment, Storage and Disposal Facilities:

Owners or operators of hazardous waste storage, treatment and disposal

facilities must obtain a permit from the DEQ.

Permits contain site specific conditions which implement the rules in 40

CFR Part 264 and in OAR 340 - Division 104.

Relationship to interim status.

OAR 340-104-003 deletes the provisions of 40 CFR 264.3. OAR 340-

105-115 deletes the interim status provisions of 40 CFR 270.70 to

270.73. The DEQ requires unpermitted facilities to meet the standards

of 40 CFR Part 265. In addition, facilities wanting to continue

managing newly designated hazardous wastes being received from off

site must first obtain a Part B permit.

Periodic report.

OAR 340-014-075 replaces the Biennial Reporting requirements in 40

CFR 264.75 and 40 CFR 265.75. The DEQ has developed

comprehensive reporting forms to meet the federal Biennial Report,

Capacity Assurance Plan, and state-only needs.

Financial assurance for facility closure.

Currently, OAR 340-104-143 requires that the owner/operator of a

disposal facility must choose the trust fund option to establish financial

assurance for closure of the facility. In July 1993 the DEQ amended

the financial assurance regulations to include other financial options

which will make OAR 340-104-143 equivalent to the federal regulation.

Prohibition of land disposal of ignitable wastes.

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g.

The EQC deleted OAR 340-104-314 to avoid duplicative regulations

with the EPA.

Division 105. Management Facility Permit:

OAR 340, Division 105 identifies permit application and permit content

requirements (see Appendix H, Flowcharts for permitting procedures).

Oregon has adopted, by reference, the federal hazardous waste

management facility standards promulgated through July 1, 1993.

Oregon's management facility standards are more stringent than the

federal regulations in several areas:

General Application requirements and requirements applicable to

existing management facilities.

OAR 340-105-01O(6)(b) requires that the owner/operator of an existing

management facility with a state-issued, non-RCRA permit comply with

the conditions of that permit, as well as with applicable state and

federal regulations, until a RCRA permit is issued.

Contents of part A of the Permit Application.

OAR 340-105-013 requires that Part A of a permit application include a

Land Use Compatibility Statement.

Specific part B information requirements for land treatment facilities.

OAR 340-105-020 prohibits the growing of crops intended for direct

human consumption at land treatment sites. EPA regulations allows

such crops to be grown, if certain requirements are met.

Permit transfers.

OAR 340-105-040 allows permit transfers to occur; however, the rule

changes the category from a Class 1 to a Class 3 modification and

requires that certain Division 120 siting standards be meet.

Permit fees.

OAR 340-105-110 requires facility owners/operators to pay annual

fees, based upon the design capacity of the facility or the amount of

waste handled.

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h. Division 106. Permitting Procedures:

Division 106 identifies permit issuance procedures.

Requirements not applicable. OAR 340-106-002 deletes 40 CFR

124.1, 124.4, 124.9, 124.11(e), 124.13, 124.14(c), 124.15(b), 124.16,

124.17(b), 124.18, 124.19, 124.20, and 124.21. Department

permitting and public hearing processes are described in detail in the

"Permitting" section and in the flowcharts in Appendix H.

Under state law, the DEQ has different decision making bodies and

procedural requirements. Yet they are functionally equivalent to, more

stringent than, or broader in scope than the federal requirements. For

example, the DEQ simply substitutes "director" for "department";

"commission" for "administrator" and "ORS 183.480" for "5 U.S.C.

704 Administrative Procedures Act".

As stated above, the EQC issues treatment and disposal permits.

Recommendations by state agencies on waste disposal facility

applications.

OAR 340-106-003 requires that various state agencies review disposal

permit applications. If the Oregon state Health Division recommends

against granting a disposal permit, the permit must be denied.

Application review.

OAR 340-106-004 amends 40 CFR 124.3 by allowing the DEQ to deny

a permit application should the permittee refuse to correct deficiencies

in the application.

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i. Division 108. Oil and Hazardous Material Spills and Releases:

This state-only regulations prescribe the reporting requirements,

cleanup standards and liability for spills or releases or threatened spills

or releases of oil or hazardous materials, including hazardous wastes.

j. Division 109. Management of Pesticide Wastes:

Pesticide residues and "empty" pesticide containers generated from the

use of pesticides are regulated under this Division provided they are not

regulated under RCRA. The state-only regulations require multiple

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rinsing of emptied pesticide containers, crushing and recycling.

Beneficial use of pesticide residues is encouraged. Should that prove

impossible, pesticide management facilities may be constructed;

however, certain performance standards must be met.

Division 110. Polychlorinated Biphenyls:

The DEQ does not designate PCBs as hazardous waste, and

incorporates by reference the federal PCB management program,

including the recent PCB manifesting requirements. In addition, the

PCB users are required to have spill contingency plans and the

regulations require potential disposal or incineration permittees to

comply with local land use and facility siting standards. The

regulations (40 CFR 761.20-761.30) addressing the manufacturing,

processing, distribution in commerce and use of PCBs and PCB items

were not adopted.

Division 111. Used Oil Management Rules:

The DEQ's used oil management program incorporates by reference

federal used oil regulations promulgated through September 1992 with

.modifications. Specifically, the DEQ's regulations expand the

definition of "used oil" to clarify what is not a "used oil", and a 5000

BTU per pound limit is set to distinguish used oil that is burned for

energy recovery.

Division 120. Hazardous Waste Management:

This division requires additional siting and permitting standards for

hazardous waste and PCB treatment and disposal facilities.

5. Rulemaking Process

Rulemaking is accomplished according to the Attorney General's model rules

for rulemaking. The Environmental Quality Commission (EQC), the body that

oversees Department actions, adopts federal hazardous waste regulations,

either by reference, for those federal regulations promulgated by the EPA, or

amends, deletes or promulgates new State-only hazardous waste regulations.

The rulemaking process consists of three steps: Public hearing, media, and

publication of the rule in the Secretary of State's Bulletin.

a. Public Hearing.

Mailings of the proposed rules are required under ORS 183.335(6).

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b.

This statute requires the DEQ to maintain a list of interested persons,

and to notify those persons of pending changes to the hazardous waste

rules. This public notice process is key to rulemaking, since it notifies

interested parties of the date and time of the Public Hearing. At the

hearing, testimony concerning the proposed rules is taken.

Media.

It is not mandatory, but advertising a rulemaking action in newspapers

occasionally is done. This is an especially important method to notify

people in rural areas that may be directly affected by a Department

rulemaking.

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c. Secretary of State's Bulletin.

Publishing the date and location of the rulemaking Public Hearing is

required. Even if extensive mailings have been done, notice of the

public hearing must be given at least 15 days before the hearing.

After testimony is given, the DEQ evaluates the comments and

responds. The DEQ's response to comments and recommendations are

submitted to the EQC at the final rulemaking. The EQC may discuss

the issues, adopt, delete, or postpone rulemaking. If the regulations are

adopted, a copy is submitted to the Secretary of State. The rule

becomes effective on the date of filing. The Secretary of State

publishes in the Secretary of State's Bulletin the filing number of the

rule and synopsis of the rule.

Processes and Coverage

a. Rule Implementation.

Oregon hazardous waste regulations and statutes provide a

comprehensive framework in whieh to implement the hazardous waste

management program from "cradle to grave." The DEQ's regulations,

statutes, policies and procedures are equivalent in intent to the RCRA

and HSWA regulations adopted to date. In addition to the RCRA

regulatory program, a Toxies Use Reduction and Hazardous Waste

Reduction Program CTURHWR)is also in place and operates

concurrently but separately from RCRA. TURHWR is a technical

assistance program, emphasizing the reduction of toxic materials in the

processes that may produce hazardous wastes. Rather than manage

wastes at the end of the pipe, TURHWR addresses toxics before they

enter the pipe.

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b.

c.

Notification of Hazardous Waste Activity.

Large Quantity Generators (LQG), Small Quantity Generators (SQG),

treatment, storage, disposal and recycling facilities, and used oil

handlers must notify the DEQ of their hazardous waste activities on a

modified form 8700-12. In addition, recently promulgated regulations

require hazardous waste handlers to update and verify notification

information annually ( See Notification Forms, Appendix I, for more

information)

Notifications are processed by DEQ. DEQ/EPA hazardous waste

identification numbers are assigned by EPA and the handlers receive

acknowledgement from DEQ. In the future, the DEQ will assign the

numbers.

Regulated community.

As of June 1994, the DEQ recorded 233 LQGs, 666 SQGs, and 2,117

CEG for a total of 3,016 generators, and 185 transporters. Of the 899

regulated generators (SQGs and LQGs) more than 750 are actively

generating hazardous wastes. Oregon has one (1) hazardous waste

disposal facility, and five (5) hazardous waste storage or treatment

facilities. Currently, there are eighteen (18) facilities undergoing

corrective action and fifteen (15) facilities undergoing closure.

Currently, there are approximately 928 toxic users in Oregon who are

required to complete a toxic use reduction plan and hazardous waste

reduction plan pursuant to the TURHWR. This requirement (see OAR

Chapter 340, Division 135) is "the first one of its kind in the nation, and

was mandated by the 1989 legislature. The requirement for plans

fosters a commitment by hazardous waste generators to eliminate, or at

least substantially reduce, hazardous waste generation. Unlike RCRA,

TURHWR focuses on management of materials before they become

wastes rather than afterwards. In addition, the law requires an annual

update and progress report and a written commitment by management

to adhere to the plan. Another unique feature of this program is its

attempt to bridge two independent regulatory programs: the hazardous

waste regulatory program under RCRA and the toxies release inventory

program under the Superfund Amendments and Reauthorization Act

(SARA Title III, Section 313). It is the first time that a regulatory

agency has taken a closer look at chemical usage from start to finish.

Implementing the Toxies Use Reduction and Hazardous Waste

Reduction Act is a high priority at the DEQ and will dominate the

DEQ's hazardous waste management direction and policies for the

foreseeable future.

16
•

•

•

Large Quantity Generator Program.

Generators that generate 1000 kg/mo. or more hazardous wastes;

generate 1000 kg/mo. or more spill cleanup debris containing

hazardous waste; generate more than 1 kg/mo. of acutely hazardous

wastes; accumulate at any time more than 1 kg/mo. of acutely

hazardous waste; generate more than 100 kg/mo. of spill cleanup debris

containing an acutely hazardous wtstes are defined as large quantity

generators (LQG). Such generators must comply with the 90 day

storage requirements and all other regulations applicable to LQGs. In

addition, LQGs must pay generation fees based on a hierarchy of

management methods, and an annual re-registration fee. The fees are

based on an annual generator report that is submitted to the DEQ in

lieu of the Biennial Report. LQGs are also required to submit waste

minimization. information annually.

Small Quantity Generator Program.

Small quantity generators (SQGs) produce more than 100 kg/mo. but

less than 1000 kg/mo. hazardous waste. In addition SQGs generate

more than 100 kg/mo. but less than 1000 kg/mo. of spill cleanup debris

containing hazardous wastes; or accumulate, at any time more than a

total of 1000 kg of hazardous waste on-site. SQGs must comply with

the March 24, 1986 federal regulations and subsequent changes through

July 1, 1990. In addition, SQGs pay generation fees and annual reregistration fees, and submit an annual generator report equivalent to a

Biennial Report, and must comply with the exception reporting

requirements for LQGs. SQGs are also required to submit a waste

minimization report annually.

Conditionally Exempt Generator Program.

This group of generators produces 1 kg/mo. or less of acutely

hazardous wastes, 100 kg/mo. or less of hazardous waste, 100 kg/mo.

spill cleanup debris containing hazardous wastes; accumulate, at any

time, up to 1000 kg of hazardous wastes on-site. CEGs must meet

minimum 40 CPR 261.5 regulations, but pay no fees and need not

report, unless they were a SQG or LQG before becoming a CEG. In

that case, a CEG must report previous SQG or LQG activity, remaining

a SQG or LQG for one year after changing to CEG status. The DEQ

implemented a experimental CEG hazardous waste collection program

in the Portland area through coordination with industry specific

educational material with the appropriate trade associations. CEQ

17
•

•

•

program was designed to allow companies to dispose of hazardous

wastes in a simpler, less costly manner, and to reduce the disposal of

small quantities of hazardous wastes in the landfills. The 1991

Legislature provided the DEQ with additional funding to implement a

technical assistance program for small businesses.

Transporter Program.

Transportation of hazardous waste is jointly regulated by PUC and the

DEQ, with DEQ lead. The relationship between PUC and DEQ is

equivalent in scope and intent to the relationship which exists between

the federal DOT and EPA. Oregon rules are equivalent to EPA Part

263 rules. The PUC has adopted the federal DOT rules by reference

(see OAR 860, Divisions 46 and 66).

Indian Lands.

Oregon lacks clear statutory authority to implement a hazardous

regulatory program on Indian Lands. Accordingly, the state expects

EPA to implement RCRA Subtitle "C" regulations on Indian Lands in

Oregon.

Underground Injection Wells for Hazardous Wastes

Oregon has been delegated primacy for the Underground Injection

Control (UIC) program. Disposal of hazardous waste via underground

injection wells does not presently occur in Oregon, and is essentially

prohibited by OAR 340-44-015. Any disposal that may occur would be

regulated by the DEQ.

d. General Generator requirements.

OAR 340-100-002 and Division 102 require all generators to manage

their wastes in a manner equivalent to federal standards for handling,

transportation, storage and disposal, including packaging and labeling

according to federal DOT standards. In addition OAR 340, Division

109 imposes requirements on generators of waste pesticide and

pesticide containers who may not be subject to the federal regulations.

Oregon has adopted by reference all federal regulations affecting

hazardous waste generators through the Third-Third land disposal

restrictions. In addition, Oregon has instituted a system to track

generator status by requiring annual re-registration and

recharacterization of waste streams, and has developed a comprehensive

18
•

e.

annual report form that satisfies the Biennial Report, capacity assurance

plan, and DEQ's own reporting needs.

General TSD requirements.

Treatment, storage and disposal facilities are required to obtain Part B

RCRA permits (see Appendix H detailed flow chart of the permitting

process). Permits contain site specific conditions which implement the

rules in 40 CFR 264 and OAR 340 Division 104. OAR 340 Divisions

105 and 120 identify permit application and permit content

requirements and Divisions 106 and 120 identify permit issuance

procedures and siting requirements.

f. Household hazardous waste program.

The DEQ exempts household hazardous waste from regulation in

accordance with to 40 CFR 261.4. However, the Legislature has

I mandated the DEQ to facilitate the collection of household hazardous

waste state-wide. This program is ongoing.

•

•

g. Information Management

DEQ is completing development of a new hazardous waste information

system. In addition to satisfying state needs for program planning,

targeting, and fee collection, this system will be designed to support

federal program goals and requirements including RCRIS (Resource

Conservation and Recovery Information System), BRS (Biennial

Reporting System), waste minimization, and use of preferred waste

management methods.

Data for the Hazardous Waste program are now collected on an annual

basis. Large Quantity Generators (LQG) and Small Quantity Generators

(SQG) must submit information describing their hazardous waste

management practices over the previous calendar year. Conditionally

Exempt Generators (CEG) must confirm their status and do not report

detailed waste management information.

DEQ's Hazardous Waste Information Management System (HWIMSy)

is Oracle-based and is developed with Texas Instruments' Information

Engineering Facility (IEF) tool. This is an extensive effort and the

result will allow DEQ to have much greater access to a more extensive

universe of data. The use of the IEF tool will allow future

modifications to be made to the system utilizing DEQ resources,

obviating the need to secure outside contractors' services.

19
• DEQ expects that HWIMSy will allow DEQ to:

1) Provide better information to DEQ programs, enabling better

targeting of Technical Assistance resources, allowing inspectors

to be better prepared for compliance inspections, etc.

2) Invoice hazardous waste generators based on their hazardous

waste management method, as well as the amount of hazardous

waste produced. In this way, DEQ hopes to encourage

environmentally sound methods of hazardous waste

management.

3) Submit accurate and timely BRS data to EPA. BRS data will be

captured with the new state forms and the BRS data edit rules

are incorporated into the new information system.

4) Submit more accurate and complete Resource Conservation and

Recovery Information System (RCRIS) notification data utilizing

annual reporting and incorporating RCRIS data edit rules with

eventual data translation on a periodic basis.

•

5) Improve data accuracy and promote waste reduction. State

hazardous waste fees will be based on the volume of waste

generated and preferred hierarchial management methods.

•

6) Provide better understanding of waste trends resulting in

improved policy analysis and program planning in support of

EPA's goals and objectives.

7) Improve DEQ's ability to identify potential areas for targeting

technical assistance and compliance inspections to maximize

effectiveness.

8) .Integrating with other information systems within the agency

providing better capability to analyze cross-media impacts .and

conduct projects on. a multimedia basis.

9) Allow cross media information analysis in order to facilitate

waste ininimization efforts and program development.

In addition, DEQ participates in EPA's implementation of the RCRIS.

RCRIS will allow DEQ greater flexibility in accessing data about other

states' hazardous waste programs. This will enable much greater

interstate coordination for CAP planning.

20
•

•

•

Inspectors can be better prepared for compliance inspections by using

RCRIS to access information about a hazardous waste handler's past

record of compliance prior to performing an inspection. The national

RCRIS database is merged monthly by most states, ensuring that

conclusions can be drawn on data that is up to date. This enhances _

DEQ's program management capabilities, and helps to allocate

resources properly.

RCRIS information is required from all states, and allows DEQ to work

closely with the federal system. Funds from the EPA can therefor be

more accurately budgeted and allocated, and relevant commitments can

be made.

h. Technical Assistance Program.

The DEQ's toxies use reduction and hazardous waste reduction

technical assistance program was mandated by the Oregon Legislature

in 1989. The program is designed to achieve in-plant changes that

reduce, avoid or eliminate the use of toxie substances and the

generation of hazardous wastes. The program is a high priority in the

DEQ's Strategic Plan and should substantially reduce the amount of

hazardous waste being generated in Oregon.

B. Program Organization, Staffing and Budget

1. Program Organization.

The DEQ is an agency of the executive branch of the State of Oregon, and has

primary responsibility for the administration of Oregon's Hazardous Waste

Management and Toxics Use Reduction Program. DEQ regulates and ensures

compliance by generators, transporters, and owners and operators of

management facilities. Because DEQ is a part of the executive branch, the

Governor is ultimately responsible for administration of the program, and

directly appoints the Environmental Quality Commission, a five-member

citizen's commission which sets policy and adopts administrative rules. The

Commission in turn appoints DEQ's Director, who is responsible for program

implementation across the agency. The Hazardous Waste Program, shown in

detail in Appendix E, is located within the DEQ's Waste Management and

Cleanup Division, and comprises two sections: Hazardous Waste Policy and

Program Development (HWPPD) in Headquarters; and Hazardous Waste

Reduction and Permit (HWRP) sections in each of the three regional offices.

HWRP is responsible for evaluating and issuing permits and operates Oregon's

21
I·

I

•

•

•

2.

3.

Toxic Use Reduction and Hazardous Waste Reduction (TURHWR) Program.

HWPPD is responsible for program planning and budgeting, training and

technical assistance coordination, rule development, and data collection and

management. The two sections' joint efforts are augmented and supported by

DEQ's Laboratory and Applied Research, and Management Services

Divisions.

Each of the three regions (See Appendix F for Locations) is administered

directly by a Regional Administrator, who reports to the Director. At least

one hazardous waste program manager exists in each region and reports to the

Regional Administrator for that region. To assure consistent implementation

of the RCRA program, regional hazardous waste managers meet regularly with

the Policy and Program Development Section manager in Headquarters.

Regional and branch office staff take an active role in implementation of

Oregon's hazardous waste program, including inspection of generators and

transporters, and TSDRFs, compliance monitoring, complaint investigation,

and emergency spill response. The Enforcement Section in Headquarters take

the lead in enforcement and in enforcement and in litigation support (See

Section E for more information about the Compliance Monitoring and

Enforcement).

The Laboratory and Applied Research Division is responsible for

environmental monitoring, sample analysis, and data interpretation, and acts as

an advanced technical resource for evaluation of environmental options and

proposals.

Management Services provides support in the areas of budget and fiscal

management, recruitment, training and employee development; information

systems; and similar administrative and housekeeping services.

Program Staffing.

DEQ currently allocates a total of 56.6 full time equivalent (FTE) employees

to the Hazardous Waste Program, combining RCRA, state-only hazardous

waste and TURHWRA. Of these, 17.6 are Regional Operations staff, in field

offices and headquarters, including compliance and enforcement personnel; 3.1

FTE are supplied through the Laboratory and Applied Research Division; and

the balance of 35.9 are shared among-HWPP and HWRP.

Program Budget.

Funding sources for the Hazardous Waste Program are: EPA grant monies;

fees charged to generators and treatment, storage and disposal facilities; permit

processing fees; fees assessed on possessors of toxic substances: and

22
• allocation of State general fund revenues. Over the '93-'95 Biennium

(comprising State fiscal years 1994 and 1995), funding levels by source were:

Federal Funds

RCRA - $1,326,570

Pollution Prevention

TSCA

Other

$ 1,582,670 (17%)

Fees

General Funds

Total Program Funding

$ 6,414,450 (70%)

$ 1,228,200 (13%)

$ 9,225,320

In the major new areas of responsibility, the DEQ anticipates the following

resource allocations:

•

a.

b.

Land Disposal Restrictions (First Third, Second Third, Third-Third,

California List)

The regional offices conduct land disposal restriction inspections.

Currently, there are 10 FTEs assigned in the regions to do hazardous

waste inspections, including the land disposal inspections.

Mixed Radioactive Waste.

The DEQ is authorized to implement the mixed waste program.

Currently, the Oregon Department of Energy, in cooperation with the

EPA, is determining the extent of mixed waste handlers in the

Northwest Compact states. The DEQ believes the universe of mixed

waste handlers in Oregon is small and does not anticipate a significant

resource commitment.

•

c. Used Oil.

Staff in the Hazardous Waste Reduction and Technical Assistance

Section of the Hazardous and Solid Waste Division handle most aspects

of the used oil program. Currently, the program is broader in scope

and more stringent than the federal RCRA program (the DEQ has

adopted by reference the federal regulations through May 20, 1992 and

September 10, 1992). Currently, there is no effort to conduct

inspections of used oil generators, marketers, recyclers or transporters.

23
•

d.

In the 1989 legislative session, the legislature enacted provisions

prohibiting the use of PCB contaminated used oil as a dust suppressant.

Woodtreaters.

The DEQ has regulated pesticide wastes and residues from the wood

preservation industry since the '80s and does not anticipate a significant

increase in effort to implement the federal wood preservation

regulations. Drip pads are evaluated during routine hazardous waste

generator inspections of woodtreaters and while some new technical

issues will need to be reviewed during the inspections, the DEQ

believes that there will not be a significant increase in workload

e. Boilers and Industrial Furnaces (BIFs),

Three companies have notified. The DEQ will need to conduct

inspections to verify if the companies must meet the BIF requirements.

•

•

f. Technical assistance and Toxics Use Reduction and Hazardous Waste

Reduction.

Oregon is among the first states in the nation to mandate pollution

prevention planning. The 1989 legislature mandated the reduction of

adverse effects of chemicals in the workplace by: (1) providing

technical assistance to affected industries, (2) monitoring the use of

toxic substances and the generation of hazardous wastes, and (3)

requiring affected industries to engage in comprehensive planning and

to develop measurable performance goals.

In 1991, the legislature appropriated funds to substantially increase the

DEQ's technical assistance program. It is anticipated that an additional

eight FTEs will be hired to implement the program. The program

focuses on providing small Oregon businesses with education and

training on how to reduce wastes and how wastes should be managed

which are generated. Key program elements include:

1. Workshops and seminars for specific industry groups;

2. On-site environmental assessments;

3. Newsletter and informational material;

4. Sponsorship of model demonstration projects;

24
•

JUL-13-1994 09:56 FROI" DEQ-HAZRRD. 8. SOL I D WASTE ,

. ,

.5. Annual awards program.

TO 912065538509 P.02

Resources are expected to. increase in the future since this program is

designed to assist generators to eliminate hazardous waste and avoid the .

.ReRA program. .!

C. FacjJity Permitting, Public Notice andA~p':al Procedure.s

1. Permitting.

A system of a permit and administrative rules is clearly equivalent to the

federaJ regulations. ORS, 466.09~ and 466.100, provide that no person shall

store (storage beyond 90 days in:¢e case of a fully regulated generator; 180

days for a small quantity 'generator), treat or dispose of hazardous waste

except at a permitted hazardous WJ1ste management facility. DRS 466.095 and

466.100 further provide that no person shall establish, construct or operate a

hazardous waste management facility without a permit. ;

•

, .'~ .'

2;

OAR 340, Division 105,contains!the permit application and permit content

provisions (See Appendix H, Flotcharts, as well) that are similar to the

federal procedures. OAR 340, Division 106 identifies the permit issuance

procedures' that are identical to th~ federal procedures. Foran permit actions,

a draft permit, fact sheet or statement of basis, public notice and Response to . . I

Comments are prepared. .FoJlov/ipg preparation, the draft permit, fact sheet

and public notice are mailed to the applicant for review and comment. The

applicanthas 14 days to submit ~itten comments, jf the comments are to

receive consideration prior to f~er action on the application, . I .

: j

PublicNotice and Public HearingtI

FoJJowing applicant review, pUbHb notice is sent to news~ia (newspaper, .

radio. TV) in the area affected, aJ well as to persons on a mailing list

maintained by the DEQ. : I . I

I - . I .

Oregon DEQ foJIows very closely; the notification requirements contained. in 40

CPR 124.1.0 and meeting, the EPA. standards for notification, pursuant to the

RCRA notification- requirements cbntained-in 40 CPR 124.to and Oregon's'

implementation of those tequir~tnts. .' .

Several documents: are prepared Jut mailed to recipients in the actual

notification process. Th~se do~ents are:

a. :Fact S~eet or Stat~ent qJ, Basis

·1

J

2~J: i

iI

'. j'.
c. DEQ'S public notice is called "A CHANCE TO COMMENT" form.

The instruction used internally to complete the form is attached in

Appendix G, which follows the required 40 CFR 124.10 (d) content.

• b. Public Notice

The draft permit or Notice of Intent to Deny is placed on public file at the

DEQ main office, appropriate DEQ regional offices, and at a public library or

similar public access location near the facility seeking the permit. The public

notice identifies exactly where these documents can be viewed.

The public mailing is made using the documents listed above. The mailing

labels used are generated from several mailing lists. The lists are:

a. HWP: GENERAL - a list of all persons or organizations that have

requested to be notified about all RCRA permits. EPA regionlO is

included in this list. [40 CFR 124.10 (c)(1)(ix)(A)]

b. HWP: STATE GOVT - a list of state and federal agencies that should

be notified about each state RCRA permit. [40 CFR 124.10

(c)(1)(x)(A), 40 CFR 124.10 (c)(1)(iii) & 40 CFR 124.10 (c)(3)]

•'

c. HWP: (specific company name) - a list of persons who have

specifically requested to be notified about any permit activity for that

specific company. Not all companies have such a list. [40 CFR

124.10 (c)(l)(ix)(A)]

•

d. HWP: LOCAL GOVT - a list of all local government cities, counties,

land use and other agencies that qualify for notification. Not all of this

list are used for a particular notification. Only those local government

units in the same geographical area as the permit facility location are

notified. [40 CFR 124.10 (c)(l)(x)(A)]

e. HWP: AREA. - a list of persons who have previously attended a

hazardous waste public proceeding conducted by DEQ. This is a

composite list covering the entire state. Only those persons in the same

geographical area as the permit facility location are notified. [40 CFR

124.10 (c)(l)(ix)(B)]

A local radio is selected covering the same geographical area as the permit

facility and a copy of the public notice is sent to the radio for inclusion is their

public service announcement slots. [40 CFR 124.10 (c)(2)(ii)]

A newspaper in the same geographical area is selected and a copy of the

26
•

•

•

public notice is sent to that newspaper for publication. [40 CPR 124.10

(c)(2)(ii)]

A minimum of Forty-five (45) days are provided for public review. The DEQ

will cause (i.e., pay) notice to be published in one newspaper of general

circulation and aired on at least one radio station for all permit actions

requiring notice.

In the case of proposed action on a disposal site application, public hearings

shall be held in the county or counties where a proposed hazardous waste

disposal site is located and may be held at such other places as the DEQ

considers suitable (ORS 466.130). A 30-day public notice of the hearing is

provided.

It should also be noted that in the case of disposal site applications, other

affected state agencies shall receive copies of the application (Health Division,

PUC, Fish and Wildlife, and Water Resources) and that the Health Division

can cause a permit to be denied (ORS 466.135).

Informal public hearings on proposed storage or treatment site permits may be

held if an "interested person" makes a written request during the 45-day public

notice period or if DEQ determines there is significant public interest in a

facility or that an informal hearing may help clarify the permit decision. If

. public hearings are held on proposed storage or treatment site permits, a 30-

day public notice period will be provided.

OAR 340, Division 106, also identifies the procedures to be followed during

permit renewals, modifications, suspensions or revocations.

3. Hazardous Waste permit Application Part A and Part B, Application

Completeness and Notification to Applicant

DEQ has adopted the federal rules pertaining to application contents,

completeness review,. processing schedule, permit preparation, issuance, appeal

and denial with some significant changes. These changes are discussed in the

following description of the major steps necessary in reaching a permit

decision.

a. Need for New Treatment or Disposal Facility (Refer to Flowchart on

"New TSD Permit Application Process")

New off-site treatment and/or disposal facilities and on-site disposal

facilities must meet a three-step permitting process per OAR 340-120-

005:

27
Demonstrate a need! for a new facility in the State and obtain an

Authorization to Proceed, including meeting specific location,

setback, owner/operator capability, compliance history and

community participation requirements. DEQ must obtain EQC

concurrence before it grants or denies any Authorization to

Proceed. I

•

JUL-13-1994 09:57 FROM DEQ-HAZARD. & SOLID WASTE

· . , .

· ..,

1)

TO 912065538509 P.03

•

, .'~ .'

2) Demonstrate compliance with local land use planning Jaws. · !

3) Obtain a treatment~dJor disposal facility permit in accordance

with permitting rules.

· .

TIle rules contained in OA..R 340-Division 120 were written as

procedures and provide thel specific details for both the applicant and

the DEQ on how requests: for new facilities are to be processed.

Flowcharts have been prepared to help explain the above processes and

because these are State only rules, no further details are provided

herein, . :

f

: 1

b. P.ar1:,A Application Requirdd and Review by DEQ I

I

·DEQ has modified federal ~les by OAR340-105-010 to clarify when a

Part A or Part B Applicatien is to be submitted and to eliminate interim

status for off-site facilities.l

. . 1

·DEQ may requirea.Part Blat any time and shall allow at least six

·months for the owner or q~erator to complete the application and will

negotiate lesstime: in. the ~e of an illegal unit. An.owneror operator

·who has not submitted an:keptable Part A or Part B when required,

or does not operate in comPliance with 40 CPR 265·and OAR340-

:Divj~ion. 120 shan: be sub~etpt to cnforc;ernent action including

·terminatton of hazardous WfSte operations. '._

: . i .

E2fisting Management Facilities

I

:Oregon distinguishes betwJen on-site and off-site facilities in the rules

·it has adopted pertaining ~rim status. In essence, off-site facilities

must cease to handle an.y IiOhd wastes that become hazardous wastes by

:virtue of a new deSjgnatio~. On-site facilities, however, may continue

:to handle their own solid ~astes even if these become newly-designated

·as hazardous wastes, Provi4ed they file a new or revised Part A and .

:comply with 40 CPRPart: 26S. Interim. status. in effect. isrecognized

·for the on-site £acUities. 1b illustrate: . . I

· I

· I

:i

· t

281

:I " .." ; ...

. .._~. - .~. .".: . .'. t ~:: /~." '~'~." .."
•

1)

2)

3)

4)

Existing, off-site, permitted hazardous waste management

facilities must receive a permit modification before receiving

any newly-designated hazardous wastes. This has been the

practice on commercial facilities.

Existing, off-site, unpermitted facilities (such as a facility with a

solid waste permit) cannot receive newly-designated hazardous

wastes and these wastes must be diverted to a management

facility authorized for the waste code(s). In practice, these

facilities will normally not pursue RCRA permitting.

Existing, on-site, unpermitted hazardous waste management

facilities would be allowed to continue to manage any newlydesignated hazardous wastes, provided a Part A is filed within

30 days of the new designation. If a correct Part A is not

submitted on time, or if the facility violates Part 265, the

Department would initiate enforcement action to terminate

management of that new waste.

Most facilities will not pursue RCRA permitting to manage

newly-designated hazardous waste on site. When these facilities

are first found to be in violation, enforcement action, including

closure requirements, would be imposed.

Existing, on-site, permitted hazardous waste management

facilities would be allowed to continue to manage any newlydesignated hazardous waste by filing a revised Part A within 15

days of the rule change.

New Management Facilities

\

I

(

1)

2)

No person shall begin construction of a new management facility

without having submitted Part A and Part B, complied with

Division 120 and obtained a final, effective permit.

An application for a new facility may be submitted at any time

after promulgation of standards in Division 104 applicable to

such facility. Applications must be submitted at least 180 days

before construction is to commence.

Facilities become aware of the need to file a Part A application through public

notices on the adoption of rules that create newly-designated hazardous wastes,

through contact with the DEQ and its advisory committees and through

compliance inspections.

29
••

D.

When a Part A Application is received, either due to a request from the DEQ

or when submitted by a facility to voluntarily comply with the above

requirements, DEQ will review the application in accordance with 40 CFR

270.13 and will notify the applicant of its acceptance; or will return the

application for revision or additional information; or will begin proceedings to

deny the permit (for example, if the applicant has not complied with Division

120 standards).

Part B Permit Application Review, Acceptance or Notice of Deficiency

When it is determined a facility requires an operating or post-closure care

permit, DEQ will work closely with EPA on a joint Part B call-in letter. The

Part B should be called as soon as DEQ (or EPA) determine the facility will

require a permit; however the actual call-in may be delayed if the facility must

undertake timely work on closure or corrective action to mitigate or prevent

environmental or public health impacts. For example, a "non-notifying"

facility subject to permit may be placed on a RCRA order (ORS 466.020,

466.105(10» and as a means of quickly regulating the initial closure activities,

corrective action for Solid Waste Management Units and to guide

characterization of groundwater impacts prior to filing of the Part B

application. The facility is provided at least 180 days to complete the Part B

submittal.

DEQ will review the Part B Application within 60 days of receipt, using the

federal Part B checklist for review of the Part B permit application. The

checklist is used to review the application to assure that it is complete and

after the application is considered complete, it is used to review the application

against the standards set in the federal regulations. Specifically the individual

citations in 40 CFR 270 and 40 CFR 264 are referenced.

If an applicant has submitted an incomplete or inadequate Part B Application,

a "Notice of Deficiency" will be issued, in most cases jointly with EPA. The

Notice of Deficiency will identify the specific deficient areas and may provide

the applicant with recommended steps on how to correct the deficiencies. The

applicant willbe provided 60 days to correct the deficiencies. Failure or

refusal of an applicant to correct deficiencies may result in permit denial and

appropriate enforcement action.

Once DEQ has deemed the application complete, the applicant can request and

DEQ will provide a schedule for permit preparation with target dates.

30
1. Permit Preparation and Issuance.

DEQ has adopted the federal rules pertaining to procedures for permit decision

making in 40 CFR 124 with the following significant exceptions or changes:

a. DEQ has replaced 40 CFR 124.1 pertaining to federal evidentiary

hearings and panel hearings with equivalent state proceedings under the

Environmental Quality Commission.

b. Copies of disposal site applications are to be sent to affected state

agencies, including the Health Division, Public Utility Commissioner,

Department of Fish and Wildlife and Department of Water Resources

for review and comment. If the Health Division recommends against

granting the permit, the permit must be denied.

c. Public notice, opportunity for comment and opportunity for public

hearing are governed by OAR 340-11-007 and are described in Section

2.

d. Pursuant to Oregon Statutes, the Environmental Quality Commission

(EQC) issues permits for off-site disposal facilities and DEQ issues

permits for on-site disposal and all treatment or storage facilities.

Before an off-site disposal or off-site treatment permit can be issued,

The Commission must first find that a need exists for the facility in

accordance with OAR 340-Division 120.

Actual permit preparation is based on federal model permits language. A draft

permit, along with a statement of basis or fact sheet and public notice is

prepared. Public notice is issued in accordance with Section 2. After

evaluation of public written or verbal testimony, a final permit decision report

is prepared recommending either permit issuance, permit issuance with

modifications, or permit denial. Should permit modifications be significant, a

second public notice and comment period and opportunity for public hearing

must occur.

Pursuant to OAR 340-Division 14, permit duration shall not exceed 10 years.

Since DEQ is not authorized for corrective action and for new EPA waste

codes, permits are currently issued jointly with EPA. Each permit includes a

table of authorities outlining the agency having authority for each permit

section.

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2. Permit Modification Procedures.

DEQ has adopted the federal rules pertaining to permit modification. When a

modification request is received, the DEQ reviews the proposed modification,

prepares a statement of basis or fact sheet, and issues a public notice (for

Class III) in accordance with Section 2. Following any public written input or

testimony, a fmal report is prepared addressing any public concerns and

including a recommendation to deny or issue the modification. All class I

requiring approval and all class II and III modifications are issued by DEQ.

Where DEQ is not authorized for a waste code or program element, EPA

would act on the modification request.

3. Hazardous Waste Permit Appeal Procedures.

Should any permit application be denied, such denial action is appealable to

the EQC (ORS 466.140,466.145 and OAR 340-106-005) and then judicial

review according to the administrative procedures and rules of state agencies

in ORS Chapter 183 (see statutes and rules Section 6.

Any EQC contested case decisions and some EQC orders can be appealed by

any interested party to the Oregon Court of Appeals. The balance of the EQC

orders can be appealed to the Circuit Court in a county of proper venue. Any

interested party also has the right to request a rehearing on specific issues to

the deciding entity, i.e., DEQ or the EQC. Upon granting a rehearing, the

previous decisions in total do not need to be reviewed but may be limited to

the requested issue and any associated issues which affect the decision on the

requested issue. On a rehearing the public notification and public hearing

procedures would need to be repeated but limited to the specific issues at

hand.

These options are very similar to those provided by EPA. However, DEQ's

rules do not generally provide for third party appeals of permit decisions

unless the applicant appeals the permit and the EQC allows them to become a

party to the contested case.

The appeal procedures for hazardous waste permit applicants are defmed in

ORS 183 and related and applicable statutes and rules are contained in ORS

466 and OAR 340-100 to 340-120.

In summary, any interested party, as defined in ORS 183.310(6), may appeal

any DEQ decision to either the EQC as a contested case or to a Circuit Court

in a county of proper venue.

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•

4. Regulated Unit Closure/Post-Closure Procedures

DEQ has adopted the federal regulations pertaining to closure and post-closure

care and is authorized for 40 CFR 264/265 Subpart G and the facility-specific

closure requirements in Subparts I, J, K, L, M, N, 0, P and Q.

DEQ has modified these federal regulations through the adoption of more

stringent closure requirements for surface impoundments and waste piles. For

surface impoundments, OAR 340-104-228 does not allow closure with waste

remaining in place unless a waste cannot be practicably removed. In most

cases, a post-closure plan and subsequent post closure permit would be

required. For waste piles, OAR 340-104-258 requirements include estimated

costs of removal or decontamination as part of a contingent closure and

contingent post-closure plan.

Regulated units are identified on Part A permit applications for those facilities

who file a Part A; or during compliance inspections for "non-notifiers", such

as a generator who has inadvertently created a hazardous waste storage unit,

treatment unit, waste pile, surface impoundment, landfill or other regulated

unit. Hazardous waste generators who do not meet the permit exemptions of

OAR 340-102-034 (either because of 90 day exceedences or failure to adhere

to the specific management requirements), normally are not brought into the

permit issuance universe, unless illegal storage has become systematic or is of

large volume.

Once a regulated unit has been identified, the facility is required to file a Part

A permit application and to comply with the closure and post-closure rules,

including submission of a closure plan and financial assurance. As part of the

approval of the closure plan, a public notice is issued consistent with Section

2. Should corrective action for releases from Solid Waste Management Units

at these "illegal" facilities be necessary, a corrective action order would be

issued and permit denial would be delayed until corrective action is completed.

Should the facility successfully clean close the regulated unit(s), a second

public notice is issued for DEQ's review, fmdings and acceptance of the

closure certification and formal denial of the permit. The Part A would be

returned at that time. If the facility fails to clean close the regulated unit(s)

within the time period allowed for closure, a post-closure care permit will be

required. Although 40 CFR 270.1 requires apetition and equivalency

determination, EPA has indicated its intent to forgo the formal equivalency

determination process for closures that have conformed to requirements equal

to closure requirements under Part 264.

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D. Forms

DEQ uses its own notification form which is a modified EPA notification form

8700-12. DEQ also uses EPA's Part A permit form 8700,.13 (see OAR 340-

105-013). DEQ has not designed a Part B permit application form; rather,

DEQ specifies the information to be submitted. A state-only permit

application requirement is submission of a land use compatibility statement.

DEQ requires the use of the uniform national manifest, as promulgated by

EPA and DOT, and requires additional information be included on the

manifest (see OAR 340-102-060). Oregon does not supply a state manifest

form.

Generators and storage, treatment and disposal facilities are required to submit

annual reports on their hazardous waste activities on a form provided by the

DEQ (See Appendix I). On a calendar year basis, generators and TSDs and

recycling facilities complete a hazardous waste report form. This form

requirement supersedes the quarterly report and manifest submittal previously

required by the DEQ. The form contains all elements to satisfy Biennial

Report requirements, Capacity Assurance Plan and DEQ-only reporting

requirements. Manifest exception reporting is required of both fully regulated

and small quantity generators. On an annual basis, treaters and storers must

submit information required by OAR 340-104-075. In addition, management

facilities must submit periodic reports on unmanifested waste receipts,

accidents, and facility closures as specified in the federal regulations.

E. Compliance Monitoring and Enforcement

Adequate statutory and administrative authorities exist to allow DEQ personnel

to inspect hazardous waste generators, transporters and treatment, storage and

disposal facilities. The DEQ is the lead agency in those inspections. The

PUC may become involved with the DEQ in investigating a transporter

violation, however. Previous Program Descriptions erroneously assigned PUC

sole authority over all hazardous waste transported by motor carrier or rail,

regardless if the transportation activity involved hazardous waste treatment,

storage or disposal.

For violations of statutes or rules pertaining to generators, hazardous waste

management facilities, or transporters, fmes of not more than $10,000 per day

civil penalties; $10,000 per day/and or one year in jail criminal penalties, or in

the case of transporters, $10,000 per day civil penalties; $10,000 per day or

one year in jail criminal penalties, or suspension or revocation of operating

authority by PUC under ORS Chapters 756, 761 and 767. Each day of

violation shall be deemed a separate offense. The enforcement authorities in

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ORS 466.880 - .900 and .995, ORS 756.990,761.993,767.994 and OAR

340-12-068 identify adequate levels of civil or criminal remedies to meet the

minimum requirements for final authorization. ORS 468.125(1) establishes

civil penalties.

The hazardous waste compliance monitoring program is a shared responsibility

between the DEQ's Hazardous Waste Program; Laboratory; Regional and

Branch Offices and PUC. The primary roles of the Hazardous Waste Section

are registration of generators, permitting hazardous waste management

facilities; corrective action; data management, and technical assistance. The

primary roles of the Regional and Branch offices are compliance monitoring of

generators and management facilities; complaint investigation and followup,

enforcement, technical assistance and emergency spill response.

Records maintenance consists of maintaining and routinely updating a registry

of generators, transporters and management facilities. Records review consists

of comparing generator reports with entries in monthly or annual management

facilities reports for:

1. Submission of required reports by generators and management

facilities;

2. Identification of non-registered generators, transporters, and

management facilities;

3. Identification of discrepancies between wastes shipped off-site by

generators and wastes received for storage, treatment, or disposal by

management facilities.

Environmental monitoring consists of collecting appropriate samples (i.e.,

groundwater, surface water, soil, animal or plant tissue, ambient air, etc. See

Appendix for DEQ's sampling policy) and performing the necessary analytical

work to obtain numerical data to interpret. Technical assistance is provided by

the laboratory to the Hazardous Waste Program and the Regions and Branch

offices. Environmental monitoring data results may be used to support an

enforcement action initiated by the DEQ. While there are no statutes or rules

dealing with "chain of custody", the procedures have been developed for use

by DEQ staff and staff follows these established procedures.

Using a GC/MS, the laboratory is capable of analyzing for most organic

hazardous constituents except exotics such as 2,3,7,8-TCDD. An"AA" in the

inorganic hazardous constituent area gives quick and accurate heavy metal

analysis.

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Compliance monitoring consists of scheduling field inspections of generator,

air and water transporters, management facilities or non-registered businesses

for any of the following purposes:

1. Routine inspections for compliance with statutes, administrative rules or

permit conditions.

2. Complaint investigation.

3., Investigations of non-registered businesses suspected of being

generators, transporters, or management facilities.

4. Emergency spill response for required spill cleanup actions.

Based on the generators, transporters and management facilities identified in

Section G (as updated regularly), a frequency of compliance inspections will

be determined during annual preparation of the State Work Program.

Because of the relatively small number of TSD facilities in Oregon, they are

, inspected according to time frames established in the State Work Plan. It is

expected that all generators will be inspected at least once every few years. In

coordination with the development of the SEA, an inspection schedule is

developed identifying facilities to be inspected by facility type, facility name

and responsible inspector. For TSD facilities, the headquarters person

responsible for permit issuance becomes involved with the scheduled

inspection and for ensuring the record review is completed. To ensure

consistency between the DEQ Regions and the DEQ inspector, inspection

forms are being developed. Each completed inspection is reviewed for

completeness and accuracy by the regional coordinator located in headquarters.

This person also prepares the monthly compliance and enforcement log

(CMEL) and submits it to EPA. Recently, the DEQ began using the new

RCRIS form to enter the information.

All DEQ inspectors have either bachelor of engineering (civil, chemical or

environmental) or science degrees (biology, chemistry or physics). Most have

been employed as inspectors in one or more environmental programs for 2 to 5

years. Because of 'the complexity of the hazardous waste rules, the regional

offices and Headquarters provide training for the hazardous waste inspectors.

Headquarters staff assist as needed. Additionally, inspectors take advantage of

EPA training opportunities as time and budget allow. Recently, the DEQ

developed a training matrix for hazardous waste personnel. The matrix was

developed in response to the difficulty of implementing the hazardous waste

program and the realization that to do so effectively requires intensive training

(See Matrix, Appendix K).

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To assist the regulated community understand the complexities of RCRA, the

hazardous waste program has developed a Small Quantity Generator Handbook

and (See Appendix L) which sheds light on program requirements for SQGs,

and a handbook for conditionally exempt small quantity generators (See

Appendix M). In addition, the Program has a various fact sheets that address

hazardous waste issues (See Appendix N for a sampling).

Using the authorities in ORS 466.805 through 466,835 and ORS 466.990

through 466.900 and ORS 466.995, and OAR Chapter 340, Division 12, to.

support compliance inspection and environmental monitoring programs for

generators, air and water transporters, and management facilities, DEQ would

approach violation of any hazardous waste statute, rule or permit condition in

one or more of the following ways:

1. Notice of Noncompliance

2. Notice of violation and compliance order

3. Notice of civil penalty assessment

4. Commission order

5. Stipulated final order

e 6. Site operation shutdown order

7. Injunctive relief

8. Criminal action

The DEQ's OAR Chapter 340, Division 12 regulations articulate the DEQ's

enforcement policy and clarify when civil penalties may be issued and in what

amounts. Specifically, the rules:

1. Establish the DEQ's enforcement policy in rule form.

2. Describe the enforcement actions available to the DEQ and how and

.when they will be used/

3.· Establish classes of violations. Classes are related to the seriousness of

the violation.

4. . Establish a box matrix system for determining base penalties. The box

matrix relates the base penalty to class of the violations and its

magnitude or extent of deviation from the regulatory mark.

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· 5. Establish a formula related to mitigating and aggravating factors

mandated by ORS 468.130(2).. The formula is based on values

assigned to the factors and requires the Director to make specific

findings in order to assign a given value to a factor. The base penalty

and factor calculation determine the amount of a penalty.

Notices of noncompliance are issued by the inspector with copies provided to

the hazardous waste program office for information and entering into the

computerized data base. Notices of violation and compliance orders, stipulated

orders, civil penalty assessments, Department and Commission orders, site

operation shutdown orders and injunctive relief orders all proceed based on an

enforcement referral for the inspector to Regional Operations' Enforcement

Section. Site shutdown orders and injunctive relief orders would be passed on

to the Attorney General's. The Enforcement Section Reviews the evidence to

determine accuracy and completeness, preliminarily determines the DEQ's

strategy and drafts the necessary documents for review by hazardous waste

program and Department of Justice. If concurrence is received, the

Enforcement Section processes necessary documents and delivers by

appropriate means (i.e., certified mail, hand delivery, sheriff's delivery, etc.).

Any appeals of Department actions are heard by EQC's hearing officer at

which time the DEQ may be represented by Department of Justice. Adequate

Department of Justice resources appear available to handle their

responsibilities.

If criminal action is pursued, it must be filed with the County District

Attorney's Office in the county where the violation occurred. Once referred

via a formal complaint, the County District Attorney determines what priority

DEQ's case will have. In lieu of proceeding criminally through the County

District Attorney, DEQ will consider requesting assistance from EPA's

criminal investigation section.

An examination of ORS 466.880 through 466.900 and ORS 466.995, 756.990,.

761.994, and 767.993 identifies adequate levels of Civil or criminal remedies

to meet the minimum requirements for final authorization. Consistent with

DRS 468.125 (1) which requires the issuance of a "Notice of intent to assess

Civil Penalty" (5-day warning letter), OAR Chapter 340, Division 12 contains

a Hazardous Waste Management Schedule of Civil Penalties.

While Oregon is not in a position to allow citizen intervention as a right in any

civil or administrative action, the DEQ will:

1. Investigate and provide written response to all citizen complaints duly

submitted;

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2. Not oppose intervention by any citizen where permissive intervention

may be authorized by statute or rule; and

3. Publish and provide at least 30 days for public comment on any

proposed settlement of a state enforcement action.

Lastly, Oregon has entered into a Compliance Assurance Agreement (See

Appendix A) with EPA. The agreement spells out EPA's and DEQ's

enforcement roles and performance expectations.

E. Manifest Program

The DEQ requires the use of the national uniform manifest in Oregon.

Oregon's manifest program is more stringent than the federal requirements in

that the optional (shaded) on the manifest must be filled out by the generator.

A generator may not ship wastes off site without preparing and providing

sufficient copies of a manifest so that all parties - generator, transporter(s) and

management facility (ties) - can retain a copy and still have one returned to the

generator from the last management facility. The manifest contains the

following information:

1. Manifest number;

2. Generator's name, address of waste generation, emergency phone number, and

identification number;

3. Transporter's name, address, phone number, and identification number;

4. Designated storage, treatment or disposal facility name, address, phone

number, and identification number;

5. For each waste indication of:

(a) Description by proper shipping name or general chemical composition;

(b) Number and types of containers

(c) Quantity and unit of measure;

(d) EPA or State of Oregon hazardous waste code number

(e) Appropriate classifications as marked or labeled on The container.

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6. Generator's certification.

A generator is responsible for insuring that waste is properly managed, and if

in doubt, take all necessary steps, including notifying the DEQ to correct

improper management.

Oregon shares information on wastes shipped interstate.

Oregon no longer requires hazardous waste disposal sites to be owned by Oregon state.

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