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# ". II; Program Description

Oregon Department of Environmental 

# Quality June 1994/ A.

B.


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D.
E. 

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G. 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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-e· 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 landmarkbill 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 Oregonbecame 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): 

# -. 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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c.

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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;



# • 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. 2

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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 codificationrule, 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- 

# • 2Checklist MA, 

### B, and C pertain to corrective action and will be included in a future application. 33. Relationship with other State Agencies and the Environmental Quality Commission 

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a. 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 restrictionsfor newly listed wastes and hazardous debris, CL 109; coke byproduces listings, CL 110; burning ofhazardous waste in boilers and industrial furnaces, CL 111; recycled used oil management standards, CL 112; burning ofhazardous 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 ofthe 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 ofAgriculture (DOA) regulates the use of pesticides in the state by registering all pesticides and licensing all pesticide applicators. Until passage ofhazardous 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).



# • b. State Department ofForestry. 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 ofradioactive material use in Oregon, and the disposal ofthe radioactive constituent ofmixed 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 DEQwould coordinate mixed waste activities. State Department of Justice. The Department of Justice advises the DEQ on legal matters concerning hazardous wastes.


# '. 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 clarifiesjurisdictional issues between

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# • h. 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 themining exemption does not include wastes generated during the processing of ores which narrows the federal exclusion ofmaterials 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 ofwastes.



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• The State-only hazardous waste rules augment, amend, or delete the federal hazardous waste regulations, 40 Code ofFederal 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 ofanother 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 ofhazardous waste, recycling, and treatment in lieu of disposal. Adoption ofthe 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 ofthe 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 ofthe 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 ofHazardous Waste: Oregon's universe ofwastes 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 ofmaterials 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 ofa "U" listed commercial chemical substance or 3 percent or more ofa "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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• f. 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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### 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.



# • 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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• 6. 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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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.
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• 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. ofacutely hazardous wastes; accumulate at any time more than 1 kg/mo. ofacutely 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 ofhazardous 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 ofgenerators produces 1 kg/mo. or less ofacutely hazardous wastes, 100 kg/mo. or less ofhazardous waste, 100 kg/mo. spill cleanup debris containing hazardous wastes; accumulate, at any time, up to 1000 kg ofhazardous 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

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•

• program was designed to allow companies to dispose ofhazardous wastes in a simpler, less costly manner, and to reduce the disposal of small quantities ofhazardous 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 ofhazardous waste isjointly 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 ofhazardous 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 ofwaste 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 ofTechnical 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 ofhazardous waste produced. In this way, DEQ hopes to encourage environmentally sound methods ofhazardous 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 ofwaste 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 ofthe 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 oftoxie 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 ofthe 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 ofthe executive branch, the Governor is ultimately responsible for administration ofthe 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

21I·

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 stafftake 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 ofenvironmental 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 oftoxic substances: and

22

# • allocation ofState 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 ofmixed 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 inthe

### 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 ofa permit and administrative rules is clearlyequivalent tothe federaJ regulations. ORS,**466.09~** 

### and 466.100, provide thatno 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 

### ofhazardous waste except at a permitted hazardous WJ1ste management 

### facility. DRS 466.095 

### and 466.100 further provide

### thatnoperson 

### 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, 

### aswell) 

### that are similarto 

### the federal procedures. OAR 340, Division 106 identifies the permitissuance procedures' that are identical to**th~** 

### federal procedures. 

### Foran permitactions, a draft permit, fact

### sheetor statement of

### basis, public noticeand 

### Response to

. . I 

### Comments 

### areprepared.

.FoJlov/ipg preparation, the 

### draftpermit, fact sheet and publicnotice 

### are mailed to 

## the applicant for review andcomment. The 

### applicanthas 

### 14 days to submit

### ~itten comments, jf 

### the comments are 

### to receive 

### considerationprior to**f~er** 

### action onthe 

### application,

. I

. : j 

### PublicNotice and

### Public Hearingt I 

### FoJJowing applicant 

### review, 

# pUbHb notice is 

### sentto 

### news

# ~ia (newspaper,

. radio. TV) inthe areaaffected, 

# 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, theEPA. standards 

### fornotification, pursuantto 

### the 

### RCRA notification-

### requirements cbntained-in 40 CPR 124.

## to and Oregon's' implementation of those**tequir~tnts.** 

### .'

. Several documents:areprepared

# Jutmailed to 

### recipients in

## the actual notificationprocess.

### 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 

### regionlOis 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 geographicalarea 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 newfacility inthe Stateand obtain an Authorization to Proceed, including meeting specific location, setback, owner/operator capability, compliance history and community participation requirements. DEQ mustobtain EQC concurrence before 

### it grants or denies anyAuthorization to 

### Proceed. I 

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

· . , .

· 

### .

.,
1) TO 912065538509 P.03



# • ,**.'~** .' 

### 2) Demonstrate compliance with 

### local land useplanning Jaws.

· ! 

### 3) Obtain a treatment**~dJor** 

### disposal facility permit in accordance withpermitting rules.

· . 

### TIle 

### rules contained inOA..R 340-Division 120 were written as procedures and provide thel specific details for both theapplicant and theDEQ on how requests: for newfacilities are to beprocessed. Flowcharts havebeen prepared to 

### help explain the

### above processes and 

### because these are State 

### only rules, nofurther details are provided herein,

. : f : 1 

### b. P.ar1:,A 

### Application Requirdd andReview by 

### DEQ

I I



### ·DEQ hasmodified federal

### ~les 

## by OAR340-105-010 to clarify when a Part A or Part B Applicatien 

### isto be submitted andto 

### eliminate interim status for off-site

### facilities.l . . 1



### ·DEQ may 

### requirea.Part 

### Blatany

### time andshall allow at least six

·months for the owner

### or**q~erator** 

### tocomplete 

### the application and will negotiate lesstime: in. the**~e** 

### of an illegal unit. 

## An.owneror operator ·who has 

### notsubmitted an:keptable Part

### A or Part B 

### when required, or

### does notoperate in

### comPliance with 40 CPR 265·and OAR

### 340- :**Divj~ion.** 

### 120 shan:be**sub~etpt** 

### to 

### cnforc;ernent action including

·terminatton ofhazardous WfSte operations. '._ : . i

. 

### E2fisting Management 

### Facilities 

### I :Oregon distinguishes betwJenon-site and 

### off-site facilities in therules ·it has 

### adopted pertaining

## ~rim status. In 

### essence, off-site 

### facilities must cease to 

### handle 

### an.y IiOhd 

### wastes thatbecome hazardous wastes by 

### :virtue ofa new

### deSjgnatio~. On-site facilities, however, may continue :tohandle their

### ownsolid**~astes** 

### even ifthese

### become newly-designated ·ashazardous wastes, Provi4ed they file a new orrevised 

### Part Aand

. 

### :comply with

### 40 CPRPart:

# 26S. Interim. 

### status. in effect. 

### isrecognized ·for theon-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, unpermittedfacilities (such as a facility with a solid waste permit) cannot receive newly-designated hazardous wastes and these wastes mustbe 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 managementfacilities 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 managementfacilities 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 ofits 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 ofDeficiency 

### Whenit is determined a facility requires an operating or post-closure care permit, DEQ will work closely with EPA on ajoint 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 theinitial closure activities, corrective action for Solid Waste Management Units and to guide characterization ofgroundwater impacts prior to filing ofthe 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 ofthe 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 ofDeficiency" will be issued, in most cases jointly with EPA. The Notice ofDeficiency 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 ofan 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 applicationsare 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.

312. 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.

32

# • 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 ofmore 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 ofa 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 intothe 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 ofthe 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 wouldbe 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.

33D. 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 ofnot 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

34ORS 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.

35Compliance monitoring consists ofscheduling field inspections ofgenerator, air and water transporters, management facilities or non-registered businesses for any ofthe 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 ofthe State Work Program.
Because ofthe relatively small number ofTSD 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 staffassist 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 ofimplementing the hazardous waste program and the realization that to do so effectively requires intensive training (See Matrix, Appendix K).

36To assist the regulated community understand the complexities ofRCRA, 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 ofany hazardous waste statute, rule or permit condition in one or more ofthe following ways: 1. Notice ofNoncompliance
2. Notice ofviolation and compliance order
3. Notice ofcivil 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 ofviolations. 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 ofthe violations and its magnitude or extent ofdeviation from the regulatory mark.

37· 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;

382. 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 ofa 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 enforcementroles 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 ofa 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 ofwaste 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 ofmeasure; (d) EPA or State ofOregon hazardous waste code number (e) Appropriate classifications as marked or labeled on The container.

396. 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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