# •

• ATl'ORNEY GENERALIS STATEMENT 

### I hereby certify, pursuant to my authority as the AttorneyGeneral for the State ofOregon and in accordance with Section 3006(c) of the Solid wasteDisposalAct as amended by the Resource Conservation andRecovery Act, as amended (42USC 690l,et 

### Seq.), and 40 CFR 123, that inmy opinion the laws of the State ofOregon provide adequate authority to carry-out the program set forth in the ProgramDescription submittedby the OregonDepartment ofEnvironmental Quality to the**Un~ted** 

### States EnvironmentalProtection Agency. I 

### further certify that the enabling legislation for the program was in existence within 90 days after the May 19, 1980, promulgation date of 40 CFR 123. The specific authorities provided, which are contained in statutes or rules lawfully adopted at the time ofthis Statement and which are in full force andeffect at the time the program is approved, include those inAppendixA, attached. I 

### further certify that inmy opinion theAuthorizationPlan submitted by 

### theDepartmentofEnvironmental Quality to the United States " EnvironmentalProtectionAgency pursuant to"40 CFR l23.l21(a), ifcarried out, wouldprovide the State with legal authority to meet the requirements for final authorization contained in Phase I •



### FSB:a ZA96 (1) Attachment

4.1

# •

II.



# • APPENDIX A: REX3ULATORY AUTHORITY'

0

IDENTIFICATION AND LISTING
State statutes and rules provide control over a universe ofhazardous waste generated, transported, treated, stored and disposed of in the State at the time ofprogram approval which is nearly identical to that which would be controlled by the Federal program under 40 CFR 26l. CitationofLaws: ORS 453.635(1)(b) (Enacted 1977) ORS 459.410(6) (1977) ORS 459.430(3) (1973) ORS 459.440(3) (1971) ORS 469.310 (pre 1977) ORS 469.375 (pre 1977) ORS 469.525 (1975) ORS 469.530 (pre 1977) OAR 340-63-100 to 340-63-135 (1979) Remarks: The Oregon definition ofhazardous waste is very broad in that it covers all discarded, uSeless or unwanted pesticides and all process residues from the public or private sector if such residues are classified hazardous by the Environmental Quality Commission. Such residues may include sewage sludge, water supply treatment sludge, air pollution control facility sludge and mayhave a value or be intended for re-use"or recycle. primary statutory authority for certain parts of the RCRAprogram rest with State agencies other than the DEQ; e.g., the Department ofEnergy controls radioactive waste and the Public Utility Commissioner controls transportation. However, the DEQ would expect to act as the "lead agency" with regard to all hazardous waste management under RCRA.
STANDARDS FORGENERATORS OFHAZARDOUS WASTE
A. State statutes and rules provide coverage of all the generators ofhazardous waste which is regulated under the State program. Citation: ORS 459.410(5) 0(1977) OAR 340-63-205 (1979) Remarks: There are no classes ofpersons excluded.in the generator definition. However, the rules need amending to regulate selected wastes downto a level of 2.2 lb/mo. and to remove the 2000 lb/load exemption.

. Holders of waste discharge permits are not exempted from the hazardous waste program but are regulated under the conditions of their permit rather than the Generator rules. Such permit requirements are at least as stringent as the rules.

4.2

# •**B~** State statutes and rules require all generators ofwaste to determine whether their waste is hazardous• Citation: ORS 459.505 (1977 and 1979) ORS 459.510 (1971) OAR 340-63-105(2) (1979) Remarks: Cited statutes infer and rule states that it is a generator's responsibility to determine if his waste must be**mapag~** as.**h~.~ardo~!'3....** . C. State statutes and rules require aIrgenerators covered by the State program to comply with reporting and recordkeeping requirements substantially equivalent to those found in 40 CPR 262.40 and 262.41. Citation: ORS 459.445(1)(b) (1977) ORS 459.445 (1) (e) (1977) OAR 340-63-235 (1979)

. OAR**~40-~3-24P** (1979) Remarks: Slightmodification needed in recordkeeping and reporting rules.



# • D.

E.

P. Fbr hazardous wastes that are accumulated by such generators for short periods of time prior to shipment, State statutes and rules require that suchgenerators accumulate such wastes in a manner that does not present a hazard to humanhealth or the environment. Citation:ORS 459.445(2) (1977) OAR 340-63-215(8) (1979) OAR 340-63-215(9) (1979), OAR 340-63-215(10) (1979) Respecting international shipments, State laws and rules provide requirements which are substant.La.Ll.y equivalent to those in 4.0 CPR 262.50, except that advance notification of international shipment, as required by 40 CFR 262.50(b) (1), shall be filed with the Administrator. Citation: ORS 459.445(1) (e) (1977) Remarks: Rules needed.
State statutes and rules require that such generators of hazardous waste who transport (or offer for transport) such hazardous waste off-site use a manifest system that ensures that inter- and intrastate shipments of hazardous waste are designated for delivery and, in the case of intrastate shipments, are delivered only to facilities that are authorized to operate under an approved State program or the Federal program. Citation: ORS 459.445(1)(d) (1977) OAR 340-63-215(6) (1979) OAR 340-63-215(7) (1979) OAR 340-63-230(1) (1979)

4.3

# • G. The State manifest system requires that: 1. The manifest itself identify the generator, transporter, designated facility to which the hazardous waste will be transported, and the hazardous waste being transported. Citation: ORS 459.445(1) (d) (1977) OAR 340-63-230(3) (1979) 2. The manifest accompany all wastes offered for transport except in the case of shipments by rail or water specified in 40 CPR 262.23(c) and 263.20(e). Citation: ORS 459.445(1) (d) (1977) OAR 340-63-230(4) (1979) 3. Shipments of hazardous waste that are not delivered to a designated facility are either identified and reported by the generator to the State in which the shipment originated or are independently'identified by the State inwhich the shipment originated. Citation: ORS 459.445(1)(d) (1977) OAR 340-63-235(2)(c)(v) (1979) 4. There is notification of undelivered interstate shipments to the State in which the facility designated on the manifest is located and to the State inwhich the shipment may have been delivered (or EPA for unauthorized States). Citation: ORS 459.445(1) (d) (1977) Remarks: Rule needed.**~/"** 

### >:

''I"•• P

III. STANDARDS FOR TRANSPORTERS OF HAZARDOUS WASTE 

# • A• State statutes and rules provide coverage of all the transporters ofhazardous waste which are regulated under the State program. Citation: ORS 756.040(2) (pre 1973) ORS 767.025(1)(e) (pre 1977) ORS 767.025(2)(a) (pre 1977) Remarks: Expanded statutory authority required as there are exemptions for public motor vehicles and vehicles under 8,000 pounds. Also, certain wastes need to be controlled downto 2.2 Ibs; rules needed. Primary statutory authority over transportation is vested in the Public UtilityCommissioner.



# • B. State statutes and rules require -all transporters covered by the State program to comply with recordkeeping requirements substantially equivalent to those found in 40 CFR263.22. Citation: ORS 756.040(2) (pre 1973) OAR 860-36-064(5) (1979) Remarks: Need rules for rail and water shipment. C. State statutes and rules require such transporters ofhazardous waste to use a manifest system that ensures that interstate and intrastate shipments of hazardous waste are deliveredonly to

4.4

# •

.- facilities that are authorized urider·an approved·Stat:e program orFederalprogram• Citation: ORS 756.040(2) (pre 1973) OAR 860-36-064(1) (1979)

.. '.' OAR·860-36-064(.7). (1979)
D. State statutes and rules require that such transporters carry

_

..**the"J[lar1i~;~st.** with.all.shipments except in the case.of shipments by raii··oI: waterspeclfied in 40·CFR 263.20(e). Citation: ORS 756.040(2) .(pre 1973) OAR 860-36-064(3) (1979) 

### E. FOrhazardous wastes that are discharged in transit, State statutes and regulations require such transporters to notify appropriate State, local, and Federal agencies of the discharges and to clean up such wastes or to take action so that such wastes do: not present·a hazard**t~·** human health.or the environment·. Such requirements are substantially equivalent to those found at 40CFR 263.30 and 263.31. Citation: ORS 459.685 (1973) OAR 860-36-066 (1979) ." .";

IV. STANDARDS FOR STORAGE, TREATMENT AND DISPOSAL FACILITIES State statutes and rules provide standards applicable to storage, treatment and disposal facilities which.are substantially equivalent to 40 CFR265. ·State lawprohibits the operation of facilities-not in compliance with such standards. These standards include:
A. Preparedness for and prevention of releases of hazardous waste controlled by the State and contingency plans and emergency procedures to be followed in the event of a.release of such hazardous waste. Citation: ORS 459.440(1) (1971 and 1977) OAR 340-62-025(1) (d) (1972) OAR 340-62-065(1) (c) (1978 andApril 1980) OAR 340-63-215(3) (1979) OAR 340-63-420(1) (1979) OAR 340-63-420(3) (1979)
B.

C. Closure and post-closure requirements. Citation: ORS 459.440(1) (1971 and 1977) Remarks: Rules maybe needed.
Groundwater monitoring. Citation: ORS 459.440(1) (197l and 1977) OAR 340-62-025(l) (j) (1972) Remarks: Rules mayneed to be amplified

4.5

# • D. security to prevent unknowing and unauthorized access to the facility. Citation: ORS 459.440(1) (1971 and 1977) OAR 340-62-025(1)(f) (1972) OAR 340-62-065(1)(e) (1978 and April 1980) OAR 340-63-215(9) (1979) .:-.:'«,**\~-** }:

E. Facilitypersonnel training. Citation: ORS 459.440(1) (1971 and 1977) OAR 340-62-025(1) (c) (1972) OAR 340-62-065(1)(b) (1978 and April 1980) Remarks: Rules maybe needed.
F. Inspection, monitoring, recordkeeping, and reporting. Citation: ORS 459.440(1) (1971 and 1977) OAR 340-63-430 (1979) OAR 340-63-435 (1979) Remarks: Rules may be needed.
G. Compliance with the manifest system including the requirement that the facility owner or operator or the State in which the facility is located must return a copy of the manifest to the generator or to the State in which the generator is located indicating delivery of the waste shipment. Citation: ORS 459.440(1) (1971 and 1977) OAR 340-63-425(3) (1979) 

# • H• Other facility standards to the extent that they are included in 40CPR 264, 265, and 266. Citation: ORS 459.440(1) (1971 and 1977) Remarks: Rules needed



# • I. Further comments on Oregon law. Citation: ORS 459.505(3) (1977) ORS 459.510(3) (1977) OAR 340-62-060(2) (1978) OAR 340-62-100 (1978) The Oregon program contains a procedure permitting the (1) establishmentof short-term collection sites; and, (2) disposal of certain hazardous wastes in a solidwaste disposal site; ·without the need for obtaining a hazardous waste.management facility license. The conditions under which either maybe done are very narrowly prescribed in the cited rules. The DEQ advises that, since 1977, this authority has been used only once for RCRAhazardous waste; a single-time collection of agricultural pesticides by a county agency.


## v. INSPECTIONS
State lawprovides authority for officers engaged in compliance evaluation activties to enter any conveyance, vehicle, or facility or premises
4.6.'

## .-

, 

# •**~".** . <:,' .:. .....

### -~ubject to

### ~egulation or inwhich

### reco~ds 'reievant to

### piOgram'op~ration are kept in order to inspect,**monito~,** or otherwise investigate compliance with the State program including compliance with permit terms and conditions and other program requirements•.

.., Citation:'ORS 4'59.660 (1971,'1977 and 1979) ORS 459.670 (1971, 1977 and 1979) ORS 756.075 (1973) . :.....':'

..::.;.:**:i··.OAR'·.·340~:63-420(7):. (~97·9)**  ..:.
.... . . , .

Remarks: Clear le9islative authority exists to enter upon propterty except that the language is unclear in the case of a generator. The DEQ advises that specific legislationwill be sought to clarify this point.
VI. ENFORCEMENTREMEDIES
State statutes

..p.rovide the.following:'.,

.. 

### A. Authority to restrain immediately by order or by suit in State court any person from engaging in any unauthorized activity which is endangering or causing damage to public health or the environment. Citation: ORS 459.680 (1971, 1977 and 1979)**O~~** 459.690 (1973) ORS 756.160 (1973) 

# • B. Authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement. Citation: ORS 459.680 (1971, 1977 and 1979) ORS 459.690 (1973) ORS 756.180 (1973)
C. Authority to assess or sue to recover in court civil penalties in at least·the amount of $1,000 per day for any program violation or seek criminal remedies including fines in at least the amount of $1,000 per day for any program violation. Citation: ORS 459.992(4) (1971) ORS 756.990(2) (1973)
VII. PUBLIC PARTICIPATION IN THE STATE ENFORCEMENT PROCESS
State laws and rules provide for public participation in the State enforcement process by providing either:
A. Authority which allows intervention as of right in any civil or administrative action to obtain the remedies specified in VI above by any citizen having an interest which is or may be adversely affected; or

4.7

# •

•

'



# • B. Assurances that the state agency or enforcement authority will: (1) Investigate and provide written'response to all citizen complaints dUly submitted. (2) 

### Not oppose intervention by any citizen where permissive interventionmaybe authorized by statute,' or rule; and, (3) Publish and provide at least 30 

### days for public comment on anyproposed settlement of a State enforcement action.
Remarks: The status ofOregon law with regard to intervention as of right is unclear but the assurances delineated in 40 

### CPR l23.l28(f)(2)(ii) are unwritten DEQ 

### policy and could be 

### formalized if necessary.

VIII. AUTHORITY TO

### SHAREINFORMATION WITH 

### EPA
State statute provides authority for most information obtained or used in the administrationof the State program to be 

### available to EPAupon requestwithout restriction. Citation: ORS 459.460 (1973) Remarks: Existing statute does not fully comply withEPA's requirement, butwe are advised that the DEQ 

### will request legislative action to achieve compliance•

FSB:a ZA96 4.8 / ...**,~. ~~.,**  j;"t· 

# •

SUPPLEMENTALATTORNEY GENERAL'S STATEMENT

Ihereby certifythatthe amendments to 

### theMemorandumofAgreement whichwere submittedbythe StateofOregon to the Environmental Protection Agency (EPA) onNovember 1?, 1980are in accordance with the lawsoftheState ofOregon. Theamendmentto Section ILB.2.d. regarding confidential business

- . .... .. .' . 

### information will enable the StateofOregontomakeavailableto EPA·upon

Oregon , 1980

. 

### requestwithoutrestrictionall informationobtained or used in the administrationofthis Stateprogram. DATEDthis

# ~day of 

# ••

••

# • DEPARTMENTOFJUSTICE PORTlAt'lD DIVISiON

500 Pacific Building

520 S.W. Yamhill Portland,Oregon97204 Telephone: (503)229-5725 

### December 9, 1980

Ms. Cheryl R. Koshuta Attorney Office of Regional Counsel U.S. Environmental Protection Agency Region 

### X 1200 Sixth Avenue Seattle, Washington 98101

. So:::! Waste Division Dept. of[nvironmental Quality 

# 00**o~~~** .:

# 1:80 [g

# rID

..



# • Re: Oregon Interim Authorization Application
Dear Ms. Koshuta:
In response to your November 25, 1980, letter to me, I**a~** 

### forwarding herewith to you Supplemental Attorney General's Statement, dated December 5, 1980, and signed by Mr. James M. Brown, Attorney**G~neral** 

### of Oregon. Please let me know if you have further questions about this matter. Sincerely,

Raymond P. Underwood Chief Counsel
bc encLosure 

### .cc: 

### /Mr. Richard P. Reiter Supervisor Hazardous Waste Operations Department of Environmental Quality 522 S.W. 5th Portland, Oregon 97204

r

# • SUPPLEMENTAL ATTORNEY GENERAL'S STATEMENT



### I hereby certify, pursuant to my 

### authority as the AttorneyGeneral for the State ofOregon and in accordance with Section 3006(c) of the Solid WasteDisposal Act as amended by 

### the Resource Conservation andRecovery Act, as amended (42 USC 6901, et Seq.), and 40 CPR 123, that inmy 

### opinion the laws of the State ofOregon provide adequate authority to carry out the program set forth in the ProgramDescription submitted by the OregonDepartment ofEnvironmental Quality to the United States Environmental ProtectionAgency, including the supplemental submission (indexed as H. under ProgramDescription). I further certify that the enabling legislation for the programwas in existence within 90 days after the May 19, 1980, promulgation date of 40CPR 123. "Thespeciflc "" authorities provided, which are contained in statutes or rules lawfully adopted at the time of this Statement and which are in full force and effect at the time the program is approved, include**~hose** 

### inAppendix A, attached. I further certify "that in my 

### opinion the Authorization plan submitted by the-Department of Environmental Quality to the United States Environmental ProtectionAgency pursuant to 40CFR l23.l27(a), ifcarried out, would provide the State with legal authority to meet the requirements for final authorization contained in Phase I.

J

-**S~gnature** 

### Dave Frohnmayer Attorney General State ofOregon (\**'I~** 

### UO/Yl,v..C0U1 

## ::JU

,**Dat~** 

# C T ;



### RPR:ac ZC408(1) Attachment

4.10

# • IV. STANDARDS FOR STORAGE, TREATMENTAND DISPOSAL FACILITIES
State statutes and rules provide standards applicable to storage, treatment and disposal facilities which are substantially equivalent to 40 CFR265. State law prohibits the operation of facilities not in compliance with such standards. These standards include:
A. preparedness for and prevention of releases of hazardous waste controlled by the State and contingency plans and emergency procedures to be·followed in the event of a release of such hazardous.waste.
B. Closure and post-closure requirements.
C. Groundwater monitoring.
D.· Security to prevent unknowing·and unauthorized access to the facility.
E. Facilitypersonnel training.
F. Inspection, monitoring, recordkeeping, and reporting. G. Compliance with the manifest system including the requirement that the facility owner or operator or the State in which the facility is located must return a copy of the manifest to the generator or to the State in which the generator is located indicating delivery of the waste shipment.
H. Other facility standards to the extent that they are included in 40 CFR 264, 265, and 266.
I. Further comments on Oregon law.
Citation: ORS 468.700(1), (2), (3), (6), (7), and (8) (1961, 1967, 1969 &1973) ORS 468.720 (la) and (lb) (1967, 1969, & 1973) ORS 468.740 (1), (2), and (4) (1967, 1969 & 1973) OAR 340 - Divisions 14, 41,42, 43, 44 and 45 (administrative history given under each section) Proposed Groundwater Quality Protection Policy· (April. 18, 1980)
Remarks: Pits, ponds and lagoons; surface impoundments and land treatment facilities receiving industrial wastes (whether or not defined as hazardous wastes under ORS 459.410) have been, and are, regulated under Oregon's water pollution control program. Through the mechanismof a State Water Pollution Control Facility Permit or National PollutantDischarge Elimination Systempermit, requirements substantially equivalent to the "Interim Status Standards" can be applied if the above-described facilities are used to manage hazardous waste.

4.11

# • V. INSPECTIONS
State law provides authority for officers engaged in compliance evaluation activities to enter any conveyance, vehicle, or facility or premises sUbjectto regulation or inwhich records relevant to programoperation are kept in order to inspect, monitor, or otherwise investigate compliance with the State program including compliance with permit terms and conditions and other program requirements. Citation: ORS 468.095 (1971, 1973 &1975)

VI. ENFORCEMENT REMEDIES
State statutes provide the following:
A. Authority to restrain immediately by order or by suit in State court"any person from engaging in any unauthorized activity which is endangering or"causing damage"to public health or the environment. Citation: ORS 468.100 (1973 

### &1979) ORS 468.115 (1971 &1973)
B. Authority to sue in courts of competentjurisdiction to enjoin any threatened or continuing violation of any program requirement. Citation: ORS**468~100** (1) and (2) (1971 & 1979)
C. Authority to assess or sue to recover in court civil penalties in at least the amount of $1,000 per day for any program violation or seek criminal remedies including fines in at least the amount of $1,000 per day for any program violation. Citation: ORS 468.140 (1971, 1973, 1975, 1977 &1979) ORS 468:990 (1953, 1957, 1959,-1961, 1965, 1967, 1969, 1971 & 1973) ORS468.992 (1973) ORS 161.635(I) (a) (1971) OAR 340 - Division 12 (administrative history given under each section)

VIII. AUTHORITY TO SHARE INFORMATION WITH EPA
State statute provides authority for most information obtained or used in the administration of the State program to be available to EPAupon requestwithout restriction. Citation: ORS 468.095(2) (1971, 1973 & 1975) Remarks: Existing statute does not protect emission data under Oregon's public records law. Further, this provision has been found adequate under the Clean Water Act's National Pollutant Discharge Elimination System permit program.

ZC408

4.12

# •

I. Statement of Clarification of Supplemental Attorney General's Statement of January 30, 1981

I hereby certify, pursuant to my authority as an Assistant Attorney General for the State of Oregon and in accordance with Section 3006(c) of the Solid Waste Disposal Act as amended by the Resource Conservation and ·Recovery Act, as amended (42 USC 691, et**~)** 

### and 40 CFR 123, that in my opinion the supplementalAttorney General's statement**~f** 

### January 30, 1981, signed by Dave**.Fro~~aye~,** 

### Attorney**G~~~r~l** 

### of Oregon,**regardi~g.the** 

### Program Description ·submitted by the Oregon Department of Environmental Quality to the United States Environmental Protection Agency, continues fully applicable, and includes applicability to the following addition to Section II.B.2.e of the Program Description contemporaneously being submitted to the United States Environmental Protection Agency by the Oregon Department of Environmental Quality: "The Director will not accept any hazardous waste related record, report, or information obtained pursuant to ORS468 and ruies adopted thereunder which is purported to be confidential unless the confidentiality has first been confirmed by the Regional Administrator. When the information, if made public, would divulge a secret process, device, or method of manufactur-· ing or production entitled to protection as trade secrets and has been determined by the Regional Administrator to warrant confidential status, the Director will then receive such information and, upon a showing satisfactory to him, shall classify it as confidential in accordance with ORS 468.095(2)."

# fa?toml:w~ Assistant Attorney General State of Oregon