:.:

.'. -:~"

..

. "'~'::-"'...

s-.

". "

.i,

re---' \ :

:::; - . " . ~.r .' , ",:,'
•

EPA Requirements

Definition of Solid Waste

•

CIIECKLIST 11

REQUIREMENTS FOR INTERIM AUTHOR I ZATION

State Coverage

Cite Comments

----

•

40 CFR 261.2

a) A solid waste is any garbage, refuse or sludge'

h) A solid waste is any other waste material"

which

1) is discarded or being handled prior to being

discarded,

21 has served original intent and is sometimes

discarded, or

3) is a mining or manufacturing by-product and

is sometimes discarded ••••

Definition of Hazardous Waste

40 ern 261. 3

a) A solid waste is a hazardous waste

if it:

1) is not excluded and

2) is listed or is a mixture containing a listed

waste, or 3) meets characteristics

b) A solid waste becomes a hazardous waste when.

1) it first meets the listing description,

2) it first contains a listed waste, or

3) it first exhibits characteristics

.See 40 CFR 260.10 (a) (63) for defini tions of sludge

ORS 459.410(61

ORS 459.430(3)

DRS 469.300(131

OAR 340-63-215(111

Oregon hazardous waste definition not dependent on definition

of solid waste.

The Oregon definition of hazardous 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, including sewage sludge, water supply treatment

sludge, air pollution control facility slUdge. Moreover, such

residues may have a value and may be intended for re-use or

recycle as noted in Appendix A. (page 7:~A)

Further, waste is considered on an "as generated" basis and the

mixing of hazardous with non-hazardous waste for the purpose of

declassification is prohibited.

·.See 40 CFR 261.2(b) for explanation of other waste material

··'See 40 CFR 261.2(cl for definitions of discarded and mining or manufacturing by product
-

EPA Requirements

c) Unless paragraph (d) below applies:

1) a hazardous waste remains a hazardous waste and

2) any solid waste generated from treatment

storage or disposal of hazardous waste is a

hazardous waste

d) A solid waste is not a hazardous waste if:

JI it does not exhibit characteristicsJ or

2) It has been delisted (for listed wastes or

mixtures).

Exclusions

•

State Coverage

Cite

•

COlIlIDents

Section 261. 4

-J

j.,) 1.

2.

3.

4.

5.

6.

7.

B.

9.

10.

Domestic sewage.

Industrial discharges regulated as point

sources.

Irrigation return flows.

Special nuclear source or by-product materials

under Atomic Energy Act of 1954.

In-situ mining waste.

Overburden returned to mines.

Household waste including residual waste and

recovered material from recycling garbage or

refuse.

Agricultural wastes (crops, silviculture crops,

and manures) returned to soil.

Utility wastes (fly ash, bottom ash, etc.)

Drilling muds and oils.

ORS 459.430(3)

ORS 469.375

ORS 469.525

With the exception of mining wastes and publicly-owned

explosives, there are no exclusions of hazardous wastes based

on source.

The Energy Facility Siting Council controls radioactive waste

and DEQ would expect to act as the ·lead agency· with regard

to RCRA in their management.

Mining wastes are generally handled under the DEQ water quality

program but could also be made subject.to RCRA rules.

PUblicly-owned explosives could be brought into the hazardous

waste program by rule or permit.

Special Requirements for Hazardous Waste Generated

by Small -Quantity Generators

Section 261. 5

1. General exemption for generators of less than

1000 kilograms of hazardous waste per month.

OAR 340-63-011 (11)

OAR 340-63-120(2)

OAR 340-63-135

Need to decrease small quantity exemption for wastes listed in

261.33,
:-oJ

tfl

-

EPA Requirements

2. Specific exemptions for generators of:

a. Less than one kilogram per month of any

commercial product listed in 26l.33(e)/

b. Less than one kilogram per month of any

off-specification commercial chemical

product listed in '6l.33(e)/ c. Containers identified in 26l.33(c) less

than 20 liters in capacity/

d. Less than 10 kilograms of inner liners from

containers listed in 26l.33(c)1

e. Less than 100 kilograms of residue or

contaminated soil, water or other debris

from clean-up of a spill of any commercial

product or manufacturing chemical intermediate

listed in 26l.33(e)/

3. Specific exemptions for all those wastes listed

in 1 and 2 above even when mixed with nonhazardous wastes resulting in a mixture exceeding

the quantity limitations noted above.

4. Disposal of small quantities in a permitted

solid waste landfill.

Special Requirement for nazardous Waste Which is Used,

Re-used, Recycled or Reclaimed

•

State Coverage

Cite

•

Comments

With regard to small quantity management, Oregon does not

recognize any landfill which does not have a solid waste disposal

permit.

section 261.6

1. Specific exemption for hazardous waste which

is beneficially used or reused or legitimately

recycled or reclaimed.

2. Specific exemption for hazardous waste accumulated,

stored or physically, chemically or biologically

treated prior to beneficial use or re-use or

legitimate recycling or reclamation.

3. Hazardous wastes which are sludges or are listed

in or contain wastes listed in Subpart D and are transported or stored prior to use, reuse or recycling are SUbject to requirements in 26l.6(b).

Oregon rules do not distinguish between wastes that are ~sed,

re-used, recycled, reclaimed or discarded (see Appendix A,

page 7.~~)

ZC196(1)c
••

App~~o\)(. .A

DEP~ OF ENVIRCNMENTAL QtlALITY

TO: ~ter./

FRCH: Fred Branf eld 1?3

SUBJECT: Hazardous Waste Treatment Facilities

INTEROFFICE MEMO

DATE: October 4, 1979

I .

•

A certain percentage of hazardous ~s.te is shipped to solvent recla:iJ:ners.

In view.. of the liabi]"ity. posed .by this waste (Ignitable or Toxic), the

Departm~rit feels licensing 6f··th·ese facilities' to be a necesaary part of

a comprehensive hazardous waste management program•. However, there was

sane concern over whether' recla:iJ:ners were included in the authorization

granted us by Senate Bill 76 (pranpted, in part, by the apparent EPA

decision not to license such facilities (PR December 18, 1978, pg. 58950)}.

I met with Ray Underwood, Justice Department, on October 2, 1979, to

investigate specifically whether SB 76 gave us the au'thority to license

solvent reclaimers. The results of th.is meeting are as follows:

(1) The Oregon definition of hazardous waste gives the State broader

powers than that granted by RCRA under ·other discarded material·

(section 1004 (27». We have the authority to regulate (CES

459.410 (6) (b) ·Residues resulting from any process of industry,

manUfacturing, trade, or business or from the developmet:1t or recovery

9f any natural resources, if such residues.are classified as hazardous

by order of the Commission ••••••II. It ",-as decided that, in this

context, residue meant any by-product that was generated incidental

to the .main process. This by-product may have some value but its

value would clearly be minimal relative to that of the mai,n product.

Applied to the present case, solvents sent to a reclaimer would then

be a candidate for examination as a hazardous waste regardless of

whether or not the reclaimer was willing to pay for it.

(2) At the time of the hearing on SB 76, the Department submitted to the

legislature a list ·potential hazardous waste facilities· (January

29, 1979) consisting mostly of .solvent reclaimers. The subsequent

passage of this bill clearly indicates that the legislature desires

sOlvent reclaimers to be licensed. /

PB:n

. SN8326

ce: . Ray Underwood, Justice Department

7.30.
-. •

CHECKLIST 2

Hazardous Waste Characteristics

•

EPA Characteristic

Corrosivity

State

Characteristic

Yes/No/Unknown

Yes

State Cite

340-63-115

Comments

Equivalent rule.

.'l

s:

1.

2.

Aqueous

- pH-2, pH-l2.5

- pll meter, using "Methods for Chemical

Analysis of Water and Wastewater"

(current edition)

Liquid: Corrosive

- corrodes SAE 1020 Steel

- greater than 0.25 inch/year

@ 550C (l30op)

- NACE Standard TM-Ol.69

Reactivity

1. - normally unstable

reacts with water

- forms explosives with water

- toxic gases with water

- cyanide or sulfide that forms toxic gases

between pll 2 - 12.5

2. Detonation or explosive reaction by initiation

3. Detonation or explosive reaction at STP

4. Forbidden explosive

- 49 CFR 173.58

Class A explosive

- 49 C~'R 173.53

Class B explosive

- 49 CFR 173.58

Yes 340-63-120 Equivalent rule. "Mildly" acid or basic is reasonable

interpreted as a pH 2 -: 12.5.
It •

CHOCKLIST 2

Hazardous Waste Characteristics

•

EPA Characteristic

State

Characteristlc

Yes/No/Unknown State Cite Comments

:-l

Toxicity (E) Substantially

- based on EPA Extraction Procedures

o pH at 5.0:0.2

o Sample Preparation (grinding 9.5 mm

Sieve) or Structural Integrity Procedure

o Agitation

o 20 Fold liquid to solid ratio

o 24 hour contact time

o Temperature 20-40OC

o EPA analytical methods for metals and

pesticides

340-63-125 Oregon characterization generally covers same wastes as

EP Toxicity test but probably cannot be correlated with

it. The only significant shortfall appears to be the

lack of coverage' for Cr+3 as Ba, Se, and Ag are not

believed to be significantly present in Oregon wastes.

- based

o

o

o

o

o

o

o

o

o

o

o

o

o

o

on IPDWS (100 fold dilation)

Arsenic (5.0) mg/l

Barium (100.0) mg/l

Cadmium (1.0) mg/l

Chromium (5.0) mg/l

Lead (5.0) mg/l

Mercury (0.2) mg/l

Selinium (1.0) mg/l

Silver (5.0) mg/l

Endrin (0.02) mg/l

Lindane (0.4) mg/l

Methexychlor (10.0) mg/l

Toxaphene (0.5) mg/l

2,4 0 (10.0) mg/l

2,4,5 TP-Silvex (1.0) mg/l

ZC196.A(l)C
:. .'

CHECKLIST 2

Hazardous Waste Characteristics

•

EPA Characteristics from

40 CFR Subpart C

Igni tabili ty

State Characteristic

(if any)

OAR 340-63-110

Identify Alternative

State Regulatory control

over wastes with such

characteristics (cite

and attach regulations)

Comment (Major differences

between Federal and State

coverage)

. Equivalent rule.

:-J

e:

1.

2.

3.

4.

Liquid

- flashpoint 600C

- Pensky-Martens closed cup

tester, ASTM Standard 0-93-72, or

- Setaflash closed cup tester, ASTM

Not a liquid

- can cause fire under STP through

friction, absorption of moisture

or spontaneous chemical changes, and

when ignited burns so vigorously and

persistently

Compressed Gas

- ignitable by 49 CFR 173.300

Oxidizer

- defined by CFR 173.151

Oxidizers classified Reactive

under OAR 340-63-120

ZC196.B(l)c
- :olumn 1

.Ist wastes

:rom

,0 CFR 261. 31

.isted in

ita te regula-

·.ion

Column 2

List wastes from

40 CFR 261. 31 not Us ted

in' State regulation

CIJC;CKL I 'i '1' j

Hazardous W'.;iSti~9_.._.

Non~Speclflc Sourc~s (40 CFR 261.31)

For each waste in Column 2 identify

alternative State regulatory con~rol i

•

Comment (major differences

between Federal and State

coverage)

340-63-110

340-63-125(2)

125(2)

:-.J

--J

1:'001

F002

F003

F004

._........F005'

FOOG

FOO?

pooa

1~009

FlnO

FOll

1"012

FOl3

FOl4

POlS

FOlfi

Fll17

FOlR

110

120

120

115/120

120

120

120

125(3)

125(3)

125(3)

125 (3)

125(3)

125(3)

125 (3)

125(3)

125 (3)

125(3)

125(3)

125(3)

125(3)
(r.,. .

"' olumn 1

Is twastes

rom

o CFR 261.32

Isted in

ta te regula10n

Column 2

List wastes from

40 CFn 261.32 not listed

in State regulation

CHECKf .x~'" 3 .

lIazardous W'.'istiO_9_.

Spectflc Sources (40 CFR 261.32)

For each waste in Column 2 identify

alternative State regulatory control

-

Comment (major differences

between Federal and State

coverage)

125(4)

125(2)

125(2)

125(2)

125(3)

.125(1)

125(1)

125(4)

125(4)

125(4)

125(4)

125(2)

125(2)

125(1) If for pesticide use

125(2)

125 (2)

125(2)/125(4)

125(2)

-....I

;0

KOOl

K002

K003

K004

1<005

KOOG

K007

Kooa

K009

KOlO

KOll

K012

KOl3

K014

KOlS

K016

1\017

K010

1<019

K020

KOU

xozz

K023

KO?il

Kll25

K026

K027

K020

K029

R030

1<03]

KOJ/.

K033

340-63-120

120

120

340-63-125 (1)

125(3)

125 (3.)

125 (3)

125 (3)

125(3)

125(3)

May fall under 125(3) for eN

May by ignitable under 110

May be ignitable under 110
Column 1 ..

List wastes

from

40 CFR 261.32

listed in

state regulation

Column 2

List wastes 'from

40, CFR 261.32 rrQ! listed

in State regulation

CIIECJl~ IS'!' 3

Hazardous., LiS.:i~9

,SpecifIc Sources: (40 CFR 261.32)

For each waste in Column 2 identify

alternative State regulatory con~rol

•

Comment (major differences

between Federal and State

coverage)

May fall under -125(3) for heavy metal

May fall under -125(3) for heavy metal

May fall under -125(3) for heavy metal

May fall under -125(3) for heavy metal

120'

125(3)

340-63-120

120

May fall under 125(3) for heavy metals

, May fall under -125(3) for he,vy metal

May fall under -125(3) for heavy metal

May fall under -125(3) for heavy metal

May fall under -125(3) for heavy metal

May fall under 125(3) for CN

125 (3)

125(3)

. 125 (3)

125(3)

125(3)

125(1)

125(1)

125 (1)

340-63-125(1)

125 (1)

125(1)

125 (1)

125(1)

125 (1)

125 (1)

120

120

i

,1 11 5

"

)

K0111

1<035

K016

K037

R038

K039

K040

KOn

K0l12

K043

1<044

R045

K046

K0l17

1<040

K0l19

K050

I(OSl

KO!)?'

K053

K0511

K055

KO I)(j

K057

KOSO

K059

1<060

K06]

1< 0()2

1<0(,J

K064

KOG5

K06li

:-.l

-4:>
/

•.,'_:..

:olumn l'

.is t wastes

'rom

10 CFR 261. 32

.isted in

.ta t e regula-

:ion

Column 2

List wastes from

40 CFR 261.32 not listed

in State regulation

CtiECKL.TF)'l' 3

Hazardous ",.LiSting

Specl fJ.c Sources (l,D eFR 261.)2)

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)

o

KOG7

KOn8

K069

KOn

K073

K074

K078

K079

. KOOl

KOq2.

K003

K004

K005

KOBfi

ROO?

KOOO

ROgO

KOlJl

KO~2

-110

125 (3)

125(3)

125(3)

340-63-125(3)

-125(2)

-125 (3)

-125 (3)

-125(3)

-125 (3)

-125 (3,)

-125(3)

-125 (2)

-125(3)

-125 (3)

-125 (3)

-125 (3)

May fall under -125(3) for CN
..

CIIECKT-'iT 3

Hazardous W. Listing

._,_.~.. ~_..... . . - .. _ ..-.

Discarded Chemical Products (40 CFR 261.33)

Column 1

Lis twastes

from

40 CFR 261. 33

listed in

Sta te regulation

Column 2

List wastes from

40 CFR 261.33 not listed

in State regulation

.,

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)

340-63-125 (1)

340-63-110

:--.J

POOl

P002

P003

P004

POOS

POOG

POD?

POOO

P009

... pO 10

POll

P012

POl3

P014

POlS

P016

POl?

1'010

1'019

P020

pon

P022

1'073

110

120

120

110 ..

110

120

, llO

125(1)

125(1)

125(1)

125 (1)/12~ (3).

125 (1)/125 (3)

125(1)/125(3)

125(3)

125 (4)

125(1)

125(1)

125(3)

If for pesticide use
•

ClIECKT T<:;T 3

._____""" ".LiB~n9

.. Discarded Chemical Products (110 CFR 261.33)

Column 1

Lis t wastes

from

40 CFR 261.33

listed in

State regulation

Column 2

List wastes from

40 CFR.26l.33 not listed

in State regulation

P024

PO:>~)

For each waste in Column 2 identify

alternative State regulatory con~rol

j·lt' - C~J -125 (1)

•

Comment (major differences

between Federal and State

coverage)

'-J

P026

P027

PO?,O

P029

POJO

P03l

POJ2

P033

I

j

I

340-(.,-;" - ':llO

125(2)

125(3)

125 (3)

125(3)

·125 (3)

125(3)
'- CIIECKTTqT 3

Hazardous W~Listing

Discarded Chemical Products (~O CFR 261.33)

~olumn 1

Lis t wastes

from

40 CFR 261.33

listed in

Sta te regulation

Column 2

List wastes from

40 CFR 261.33 not listed

in State regulation

For each waste in Column 2 identify

~1ternativeState regulatory coritro1

•

Comment (major differences

between Federal and State

coverage)

U1

P034

PO)5

1'036

1'037

1>030

1'039

1'040

pon

P042

1'043

1'044

P045

1'046

1'047

1'048

P049

POSO

PO ~il

P052

340-63-110

no

340-63-125(1)

125(1)

125(3)

125(1)

125(3)

125(1)

. 125 (1)

125(1)

125(1)

125(1)

125(1)

125(1)

125 (1)

125 (1)

If for pesticide use
:-J

.L.

• ....... _...,.. _.~.,._-

.DI.scarded Chemical Products (~O CFR 261.33)

CliECKJ.·T.C;T 3

lIazardousW. Listing •

Comment (major differences

between Federal and State

coverage)

125(1)

125 (1)

125 (1)

125(1)

125 (,2)

125 (1)

125 (3)

125(1)

115

110

120

For each waste in Column 2 identify . I

alternative State regulatory co~vro1

:J'll' -l.:'- ...: 110

I

:110 125(4)

3'-\o-(,:a- 125(3)

P053

p054

POSS

1'056

P057

PO!",O

rO'i9

1'060

pOCil

p062

P063

1'061\

1'065

1'066

p067

1'060

POG9

Column 2

List wastes from

40 CFR 261.33 n£! listed

in State regulation

Col~

List wastes

from

40 Cl"R 261.33

listed in

State regulation
(e ClIECKT ;r..C'1fI 3

Hazardous weListing

Discarded Chemical Products (40 CFR 261.33)

::::olumn 1

List wastes

from

40 CFR 261. 33

listed in

Sta te regulation

:--J

lJ)

Column 2

List wastes from

40 CFR 261.33 not listed

in State regulation

1'070

pon

pon

1'073

P074

P075

P076

pon

P07a

P079

POOO

POOl

P002

P003

P084

P005

POIlG

P007

pono

P009

1'090

r091

pon

P093

POl')4

P095

P096

P097

P090

P099

1']00

P101

P]02

.,

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)
..

CIiECKPST 3

Ilazardous ••Lls:ln~

Discarded ChemIcal Products (~O CFR 261.33)

Column 1

Lis t wastes

from

40 Cl'~R 261.33

listed in

State regulation

Column 2

List wastes from

40 CFR 261.33 not liated

in State regulation

For each wast~ in Column 2 identify

alternative State regulatory con;ro1

•

Comment (major differences

between Federal and State

coverage)

120

:--.J

f'

PIO)

P104

plDS

P10G

Pl07

PlOG

PI09

pllO

pIll

plJ.2

pln.

p114

PUS

pU6

Pll?

PUG

1.'1.19

1'17.0

Pl21

P122

340-63-110

120

!120

I

125(3)

125(1)

125(3)

1?5(1)

340-63-:P5 (1)

125 (1)

125(1)

:125 (1)

,125(1)

.125 (1)

],25(3)

. 125 (1)

If for pesticide use

If for pesticide use

If for pesticide, use
ClIECKT·C''l' 3

Hazardous ~Listin9 •

Discarded Chemical Products (40 CFR 261.33)

Column 1

List wastes

from

40 CFR 261.33

listed in

State regulat lon

Column 2

Lis twastes from

40 CFR 261.33 not listed

in State regulation

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)

7'J

UOOl

U002

U003

UOO.,

UOOS

1I006

UOO?

UOOO

U009

U010

UOll

UOl2

UOl3

U014

UOlS

U016

POl?

UOlO

U019

U020

340-63-110

110

110

UO/115

110/115

110

115

no

\115/120

---------

340-63-125(4)

125 (2)

125 (1)

125(2)

125(4)
Dlscarded'Chemlcal Products (40 CFR 261.33)

CHECKJ·:t:t'm 3

Haza~dous W~Listing i'.

Column 1

List wastes

from

40 CFR 261.33'

listed in

Sta te regulation

:---J

Column 2

List wastes from

40 CFR 261.33 not listed

in State regulation

U02]

lJ()22

lJ021

lJ024

U02~)

U026

U027

U020

U029

1I030

UOll

U032

U033

U034

11035

U036

For each wast~ in

alternative State

115/120

~40-1. - 110

110

i

1

::110

115/120

Column 2 identify

regul~tory co~iro1

::1-10 - l..j - 125 (4)

125(2)

125 (2)

·125(3)

125(1)

•

Comment (major differences

between Federal and State

coverage)
•

ClIECI(T .....'" 3

Hazardous. Listing

Discarded Chemical Products (~O CFR 261.33)

Column 1

List wastes

from

40 CFR 261. 33

listed in

State regulation

Column 2

List wastes from

40 CPR 261.33 listed

in State regulation

Foi each wriste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)

:--J

-.D

UD3?

U010

1I0)9

lJ04D

von

U042

U04)

U044

V04S

V046

von

vOila

U049

vasa

VOSl

V052

V05)

VOSiI

U055

(jOSG

)40-6)-nO

110

110

110

110

110

110

110

110

340-63-125(2)

125(1)

125(2)

125(2)

125(2)

125(2)

125(2)

125(2)

125(2)

125(;1.)

125(1) If for pesticide use
"

For each wast~ in Column 2 identify

alternative State regulatory contrOl

:i,.\C\ 'V'j -110

3'-\0 - 1.3 - 125 (1)

125(1)

125(1)

Column 1 •

Lis t wastes

from

40 CFR 261. 33"

listed in

Sta te regulation

:--.l

o

CHECKTTRT

Ilazardous •

. Discarded Chemical Products

Column 2

List wastes from

40 CFR ~6l.33 not listed

in State regulation

U057

U050

1I0:>9

U060

UO(il

U062

U063

U064

U065

(1066

U067

U068

U069

1I070

uon

U072

3

Listing

(~O CFR 261.33)

125(2)

125(2)

125 (2)

125(2)

125(2)

125(2)

125 (2)

•

Comment (major differences

between Federal and State

coverage)
. ClIECKr..TST 3

Hazardous ~. Listing

•• --~--"•• &

Discarded Chemical Products (~O CFR 261.33)

Column 1 -

Lis twastes

from

40 CPR 261.33

listed in

State regulation

Column 2

List wastes from

40 CPR 261.33 not listed

in State regulation

.

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

coverage)

.~

--

U073

U074

U075

U076

U077

U070

U079

UOOO

U081

U002

U003

U004

UOR5

UOOG

U087

U008

lJ009

U090

UO~l

uosz

lI093

U094

UO~)5

lJ096

U097

U090

U099

UIOO

UIOl

ll102

U103

U104

U105

U106

UI07

Ul08

340-63-110

110

110

110

110

110

110

110

110

340-63-125(4)

125(2)

125 (2)

125 (2)

125(2)

125(2)

125(2)

.12~(2)

125 (2)

125 (2)

125(2)

. 125 (2)

·12~(1)
r. CIIECKPs'r 3

Hazardoush. Listing

. _._- .-_.

. Discarded Chemical Products (~O CFR 261.33)

Column 1

Lis t wastes

from

40 CFR261. 33

listed in

State regulation

:-J.

Column 2

List wastes from

40 CFR 261.33 Hsted

in State regulation

U109

UllO

U111

U112

U113

UnA

U115

UHf)

U117

UUO

U11.9

U120

U12.l

U122

U]23

U124

UUS

U]~G

U127

UJ28

U129

U130

U111

U132

tlll3

U134

U135

U136

U137

U130

U139

U140

For each waste in Column 2 identify

alternative State regulatory con;rol

•

Comment (major differences

between Federal and State

coverage)
(- CIIECKT""~T 3

Hazardous H~••isting

Discarded Chemical Products (~O CFR 261.33)

;olumn 1

~ist wastes

.rom

10 CFR 261.33

Listed in

3tate regula-

:ion

Column 2

List wastes from

40 eFR 261.33 not listed

in State regulation

For each waste in Column 2 identify

alternative State regulatory control

•

Comment (major differences

between Federal and State

. coverage)

340-63-125 (1)

125,(3)

340-63-110

UO,

125(3)

125(3)

125(3)

125(1)

May be ignitable, under 110

125(4)

125(4) ,

I

IUD

'1J

::110

UO

\ 110/120

, UO

, 110/12.0

UlH

ul42

Ul·13

U144

UH5

UJ.46

U147

Ul48

U149

UlSO

Ul5l

Ul52

UI53

U154

U155

U156

lJ157

lJl'iO

U159

UIGO

UHil

U162

U163

UlG4

1I1f.S

U166

UIG7

U160

U169

Ul70

Ul71

Ul72

Ul73

U174

U175

(1176

)..,)

\»
CIIECKT.YC:T 3

Hazardous •.Listing

Discarded Chemical Products (~O CFR 261.33)

r.

Column 1

Lis t wastes

from

40 CFR 261.33·

listed in

State regulation

;-.J

t-)

...t...

Column 2

List wastes from

40 CFR 261.33 listed

in State regulation

U] 77

U1.70

U179

UIOO

U181

U1112

Ulll3

Ulll4

Ulll5

U106

UI07

Ullla

UI09

U190

U191

Ul92

U193

1I194

U196

U197

U200

1I20l

U202

U201

lJ204

U205

U206

U207

U200

U209

U2l0

U211

U212

U213

U2J4

U215

For each wast~ in Column 2 identify

alternative State regulatory con~rol !

340-63-110

340-63-125(2)

125(2)

125 (1)

110

115

110

110

110

120

125(2)

125(2)

125·(2)

125{2)

125(2)

125(2)

110

•

Comment (major differences

between Federal and State

coverage)
CIIECKT -~T 3

Hazardous W. Listing

., .......w •••_ •••• • ••••• _ ,._" 0_.

Discarded Chemical Products (40 CFR 261.33)

Column 1 -.

List wastes

from

40 CFR 261. 33

listed in

State regulation

r-s

tJ)

Column 2

List wastes from

40 CFR 261.33 listed

in State regulation

U216

U217

U218

U219

.. V,?,20

U221

U222

1I223

U224

U225

U226

U2/.7

U228

U229

uno

U2.H

U2U

mlJ

U234

U235

U236

U217

U238

lJ239

.,

For each waste in Column 2 identify

alternative State regulatory control

340-63-110

340-63-125(1)

125(2)

125(2)

125(2)

125(2)

125(2)

125(2)

125(2)

125 (1)

125 (1)

120

110

•

Comment (major differences

between Federal and State

coverage)
•

Federal Cite

(40 CFR 123)

.128 (b) (2)

.126 (b) (1) &

.128(b) (6)

it .128 (b) (6) & (7)

r .128 (e) (7)

.. 128 (h) (2)

.128 (b) (6)

"

Gt:NERATORS

State Program Requirement

1.0 GENERAL

1.1 ~ll generators of hazardous waste controlled by

the State must be covered by the program. (See

previous chapter of this manual).

1.2 Provide system whereby generators must receive

EP~ identification numbers prior to treating,

storing, disposing, transporting, or offering

to transport. .

1.3 Require that generators not offer hazardous

waste to transporters or to treatment, storage,

or disposal facilities which have not received

EPA identification numbers.

1.4 If the State exempts farmers from control, the

exemption must be conditioned in accordance

with the Federal exemption at 40 CFR 262.51.

2.0 MANIFEST

2.1 Generators who transport or offer for transport

off-site must be required to use a manifest • system.

2.1.1 Manifest system must ensure that inter- and

intrastate shipments are designated for

delivery only to facilities authorized to

operate under an approved State program or the

Federal program.

•

State

Coverage

OAR 340-63-205

ORS 459.410(5)

OAR 340-63-210

ORS 459.445 (1) (a)

OAR 340-63-215(5)

ORS 459.445(1) (d)

OAR 340-63-230(1)

ORS 459.445(1) (d)

OAR 340-63-215(6)

OAR 340-63-215(5)

OAR 340-63-215(7)

ORS 459.445(1) (d)

e

Page 7.26

Reviewers

COlllIllents

Equ~valent. There are no generator class

exemptions under Oregon statute. However, rules

need amending to regulate selected wastes down

down to 2.2 lb./mo, to remove 2,000 lb. manifest

and reporting exemption, and exemption for certain containers. State permit holders are regulated under the terms of their permit as

covered under OAR 340-63-405(1) (d).

Equivalent. All Oregon generators must receive an identification number.

Equivalent. All Oregon generators must not

offer hazardous waste to transporters or

management facilities that do not have an

identification number.

Oregon farmers are not specifically exempt from

controL

Equivalent. Oregon generators that ship offsite must use a manifest.

Equivalent. Oregon generators must manifest

waste to a licensed hazardous waste management

facility.
..J

}

/'

"•.

Federal Cite

(40 Cf'R 12J)

.120 (h) (7) (i)

.128 (b) (7) (ii)

•120(b) (7) (iii)

. 128 (b) (8)

.120(b)(4)

GENERA'roRS

State Program neguirement

2.1.2 Manifest system must ensure that intrastate

shipments are delivered only to facilities

authorized by the State to operate.

2.2 Manifest employed must identify the generator,

transporter, designated delivery point, and the

hazardous waste being transported.

2.3 Must require that the manifest accompany all

waste offered for transport. This requirement

need not apply to shipments by rail or water

described in 40 CFR 262.23(0) and 40 CFR

263.20(e) •

2.4 Manifest system must provide that undelivered

shipments are: .

(a) identified independently by the State in

which the shipment originated, or

(b) identified by the generator and reported

to the State in which the shipment

originated•

2.5 In the case of an interstate shipment for which

the manifest has not been returned within 45·

days of acceptance by the initial transporter,

provide for notification to (1) the State in

which the manifest-designated facility is .

located and (2) the State in which the shipment

may have been delivered. In the case of

unauthorized States, notification is to be

d~rected to EPA.

3.0 SIIORT-~'EnM ACCUMULATION

3.1 Generators who accumulate hazardous waste for

short periods of time prior to shipment must be

required to do so in a manner that does not

present a hazard to human health or the

environment.

•

State

Coverage

OAR 340-63-215(6)

OAR 340-63-215(5)

OAR 340-63-215(7)

ORS 459.445(1) (d)

ORS 459.445(1) (d)

OAR 340-63-230(3)

ORS 459.445(1) (d)

OAR 340-63-230(4)

ORS 459.445 (1) (d)

OAR 340-63-215(4)

ORS 459.445(1) (d)

OAR 340-63-215(4)

OAR 340-63-215(3)

OAR 340-63-215(9)

ORS 459.445(2)

OAR 340-63-215(8)

•

Page 7.27

Reviewe.r&

Comments

Equivalent. Oregon generators must take all

necessary measures to assure that their

hazardous wastes are delivered to a licensed

hazardous waste management facility.

Equivalent. The Oregon manifest requires the

same information.

Equivalent. Generator must send manifest with

all shipments.

Equivalent. Statute adequate, rules needed.

Equivalent. Statute adequate, rules needed.

Equivalent. Oregon generators must comply

with all storage rules and store in a manner so as to protect human health and the

environment.
:--J

N

(.

Federal Cite

(40 CFR 123)

.12B(b) (5)

.12B (b) (3)

GENERATORS

State Progrwn Requirement

4.0 INTERNATIONAL SHIPMENTS

4.1 Importers of hazardous wastes must be required

to meet the State's manifest requirements,

4.2 Manifest must identify the importer as the

"generator" and include the importer's EPA

identification number.

4.3 Exporters of hazardous wastes must be required

to meet the State's manifest requirements.

4.4 Manifest must identify the name and address of

the foreign consignee for exported wastes.

4.5 Must provide for confirmation of delivery by

the Foreign consignee for exported wastes.

Confirmation may be directed to either the

generator or the State.

4.6 Must provide for notification to EPA in those

cases where confirmation by the foreign

consignee for exported wastes is not received

within 90 days of acceptance of the waste by

the ini tial transporter. (NOTEl Advance

notification of international shipnent is 'required by Sec. 262.50(b) (1) to be filed with the

Administrator. This control measure will not

be delegated to States, and there is no State

Program Requirement in this regard).

5.0 RECOROKEEPING!REPORTING

5.1 Generators must be required to retain copies of

all manifests for at least 3 years from the

date of acceptance of the waste by the initial

transporter.

•

State

Coverage

DRS 459.445(1) (d)

ORS 459.445(1) (d)

DRS 459.445(1) (d)

OAR 340-63-230(1)

DRS 459.445(1) (d)

OAR 340-63-230(3)

DRS 459.445(1) (d)

OAR 340-63-215(4)

DRS 459.445(1) (d)

OAR 340-63-240(1)

•

Page 7.28

RevIewers

Comments

Equivalent. Statute adequate, rules needed.

Equivalent. Statute adequate, rules needed.

Equivalent. A generator shall not ship off-site

without a manifest.

Equivalent. This is required by Oregon manifest.

Equivalent. A generator shall take all necessary

steps, including notifying the CEQ, to insure

that ,his waste has reached its intended

destination. Also, generator must note on quarterly report wastes for which a manifest

was not returned from mansgement facility.

Equivalent. Statute adequate, rules needed.

Equivalent rule.
:i

-.

Federal Cite

(40 crn l23)

GENERA'roRS

State Program Requirement

5.2 If the State requires generators to submit

reporta to enable the State to meet its Federal

reporting requirements, the generators must· be

required to retain copies of the reports for at

least 3 years.

5.3 Records associated with undelivered shipments

must be required to be retained for at least 3

years.

5.4 The program must provide for extension of the

required period of record retention during the

course of unresolved enforcement action

regarding the regulated activity.

•

State

Coverage

OAR 340-63-240(2}

OAR 340-63-235(1)

ORS 459.445(1) (d)

ORS 459.445(1) (d)

Page

•

7.29

Reviewers

Coaunents

Equivalent rule.

Equivalent. Record of undelivered shipments on report to DEQ.

Equivalent. Statute adequate, rules needed.
7"-l

-

Federal Cite

(40 CPR 123)

.126 (c) (2)

.126(c) (3)

•126(c) (4)

TRANSPORTERS

State Program Requirement

1.0 GENERAL

1.1 Must cover all transporters of hazardous waste

controlled by State.

2.0 RECORDKEEPING/REPORTING

2.1 Transporters must be required to keep copies of

signed manifests or shipping papers for at

leallt 3 years.

2.2 If the State requires transporters to submit

reports to enable the State to meet Hs Federal

Reporting requirements, the generators must be

required to retain copies of the reports for at

least 3 years.

2.3 The program must provide for extension of the

required period of record retention during the

course of unresolved enforcement action

regarding the regulated activity.

3.0 MANIFEST

3.1 Transporters must be required to use a manifest

system.

3.1.1 Manifest system must ensure that inter- and

intrastate shipments arc designated for

delivery only to facilities authorized to

operate under an approved State program or the

Federal program.

•

State

Coverage

ORS 756.040(2)

ORS 767.025 (1) (e)

ORS 767.025(2) (a)

OAR 660-36-064(5)

ORS 756.040 (2)

OAR 860-36-064(1)

OAR 860-36-064(7)

•

Page 7.30

Reviewers

Comments

partial equivalence, need to remove statutory

exemption for public motor vehicles and those

under 8,000 lb. Also need rules to cover certain

wastes down to 2.2 lbs.

Equivalent rule.

No reports necessary.

Equivalent. Statute adequate, rules needed.

Equ~valent rule •

Equivalent. Waste to be taken only to facility

designated by generator which must be a licensed

facility.
-.

Federal Cite

(40 cm 123)

.128 (c) (5)

. 128 (c) (6)

TRANSPORTERS

State Program Requirement

3.2 Must require that transporters carry the

manifest with all shipments. This requirement

need not apply to shipments by rail or water

described in 40 CFR 262.20(e) .

4.0 DISCHARGES IN TRANSIT

•

State

Coverage

OAR 860-36-064(3)

•

page 7.31

Reviewers

Comments

Equivalent. Manifest must be carried in the

truck transporting hazardous waste.

:-J

.126(b)(1)

4.1 Must require transporters to notify appropriate

state, local, and Federal agencies.

4.2 Must require transporters to clean-up the

wastes or take action so that the wastes do not

present a hazard to human health or the

environment.

4.3 Provide that appropriate officials may

authorize removal of waste without use of a manifest.

4.4 Provide for immediate notice to the National

Response Center and for reports 'Ln writing to

DOT. (See 49 CFR 171.15)

5.0 EPA IDENTIFICATION NUMBER

5.1 Transporters may not transport hazardous waste

without an EPA 1.0. number which will be

obtained through procedures established in the

Memorandum of Agreement.

OAR 860-36-066(1)

ORS 459.685(2)

ORS 459.685(3)

OAR 860-36-066(3)

OAR 860-36-061(1)

Equivalent. Transporters must notify

appropriate authorities.

Equivalent. Spiller must take action to protect

human health and the environment.

Equivalent DEQ may take such actions as is

necessary to remove the waste.

Equivalent. Transporter must call the NRC and

file a Hazardous Material Incident Report with

the PUC (Oregon DOT).

Equivalent. Transporters required to obtain an identification number.
:-..J

VI

N

•

Federal Cite

(40 CFR 123)

.128 (e)

.128 (e) (1)

.128(e)(2)

FACILITIES

State Program Requirement

1.0 GENERAL

All TSD facilities in "existence" pursuant to

RCRA Section 3005(e) must comply with

requirements substantially equivalent to the

following: .

2.0 PREPAREDNESS AND PREVENTION

2.1 Pursuant to 265.30-265.37, facilities must be

maintained and operated for preparedness for

and prevention of releases of hazardous wastes

controlled by the State.

2.2 Facilities must have contingency plans and

emergency procedures to be followed in the

event of a release of hazardous waste.

3.0 CLOSURE AND pOST-CLOSURE

3.1 The owner or operator must close his

facility in a manner that:

(a) minimizes the need for future maintenence,

and

(b) controls, minimizes, or eliminates postclosure plan on the effective date of Part

265.

3.2 The owner or operator must have a written

closure plan on the effective date of part 265.

3.3 The closure plan must include:'

(a) A description of how and when the facility

will be partially closed, if applicable,

and.ultimately closed.

•

. State

Coverage

ORS459.440(1)

OAR 340-63-420(1)

ORS 459.590(2) (d)

ORS 459.517(4)

OAR 340-62-025 (1) (d)

ORS 459.440(1)

ons 459.590(2) (e)

ons 459.440(1)

ORS 459.440 (1)

•

Page 7.32

Reviewers

Comments

Equivalent. Statutes adequate. Specific

requirements presently in site license and

facility and management plans. Equivalent

rules for preparedness but rules for con- tingency plans may be needed.

Equivalent. Statute adequate. Present closure

and post closure plan required by site license

and facility plan approvals. Rules may be

needed.

Equivalent. Statute adequate. Change needed

since plan now required one year prior to

closure.

Equivalent. See 3.1 response above.
:-J

Ul

US

-

Feder al Cite

(40 CFR 123)

FACILITIES

State Program Requirement

(b) An estimate of the maximum inventory of

wastes in storage or treatment at any

given time.

(c) Steps to decontaminate facility equipment.

(d) A schedule for final closure which must

include, as a minimuml

(i) anticipated dates when wastes will no

longer be received

(ii) anticipated date for completion of

final closure

(iii) intervening milestone dates

3.4 Closure must be initiated within 90 days after

receiving the final volume of hazardous

wastes.·

3.5 The owner or operator must complete closure

activities within six months after receiving

the final volume of wastes.•

3.6 Sec. 265.114 Upon completion of closure, all

equipment and structures must be properly

disposed of or decontaminated.

".,

State

Coverage

ORS 459.440 (1)

ORS 459.440(1)

ORS 459.440(1)

•

Page 7.33

Reviewers

COllUllents

Waste inventory presently submitted monthly

or quarterly.

Equivalent. See 3.1 response above.

Equivalent. See 3.1 response above.

Equivalent. See 3.1 response above.

3.7 Sec. 265.115 The owner or operator and an independent registered professional engineer must

certify that the facility has been closed in

accordance with the approved closure plan.

3.8 Post closure care must consist of at least:.

(a) Groundwater monitoring

(b) Maintenance of the contaminant system

3.9 The owner or operator must have a post-closure

plan on the effective date of Part 265 and it

must includes.

(a) Goundwater monitoring activities and

frequency.

(b) Maintenance activities and frequencies to

ensurel

ORS 459.440(1)

ORS 459.440(1)

ORS 459.440 (1)

Equivalent. See 3.1 response above.

Equivalent. See 3.1 response above.

Equivalent. See 3.1 response above.
•

Federal Cite

(40 CFR 123)

.128 (e) (3)

1.

FACILITIES

State Program Requirement

(i) the integrity of the cap. final

cover, or other containment

structures, and

(ii) functions of the facility's

monitoring equipment.

3.10 Within 90 days after closure, the owner or

operator must submit a survey plat of the

facility.·

3.11 The owner or operator must record a notice on

~~:a~~~~st~:~t;~e land has been uS(d to manage

4.0 GROUNDWATER "MONITORING

4.1 Owner or operator must implement a groundwater

monitoring program capable of determining the

facility's impact on the quality of the upper

aquifer within one year of the effective date

of 265.90.

4.2 The owner and operator must install, operate,

and maintain a groundwater monitoring system

which meets the requirements of Sec. 265.91-

265.94.*

4.3 All of the groundwater monitoring requirements

may be waived if the owner or operator can demonstrate that there is a low potential for

migration of hazardous waste constituents from

the facility via the uppermost aquif~r below

the facility to water supply wells or to

surface water.

•

State

Coverage

ORS 459.440(1)

ORS 459.440(1)

ORS 459.440(1)

OAR 340-62-025(1) (j)

ORS 459.440(1)

ORS 459.440(1)

•

page 7.34

Reviewers

Comments

Equi~alent. See 3.1 response above.

Equivalent. Disposal site must be deeded

to State prior to use.

Equivalent. Disposal site license presently

requires a groundwater monitoring program

designed jointly with the DEQ. May need to put

in"rule form.

Equivalent. Disposal site monitoring program

designed jointly with DEQ so can be tailored

to S1te needs.
lj)

•

:1"'-

,

Federal Cite

(40 CFR 123)

.129(e)(4)

.129 (e) (5)

FACILITIES

State Program Requirement

5.0 SECURITY TO PREVENT UNKNOWING AND UNAUTHORIZED

ACCESS TO THE FACILITY

5.1 The owner or operator must prevent the

unknowing entry and minimize the possibility

for unauthorized entry unless:

(a) physical contact with the waste, structures, or equipment will not be injurious

(b) disturbance of the waste or equipment will

not violate the requirements of Part 265.

5.2 Unless exempt under 5.1(a) or 5.l(b), a

facility must have:*

(a) a 24-hour surveillance system

(b) an artificial or natural barrier which

completely surrounds the active portion of

the facility

(c) a means to control entry

(d) a sign warning of the danger of intruding

into the facility

6.0 FACILITY PERSONNEL TRAINING

6.1 Facility personnel must successfully complete a

program of classroom instruction or on-the-job

training that teaches them to perform their

duties in a way that ensures the facility's

compliance with the requirements of Part 265.

6.2 The training program must be completed within

six months of the effective date of Part 265.*

6.3 There must be an annual review of the initial

training in 6.1 above.*

6.4 The owner or operator must maintain records of

tralning.*

•

State

Coverage

ORS 459.440(1)

OAR 340-62-025(1) (f)

OAR 340-62-065 (1) (e)

OAR 340-63-2l5(g)

OAR 340-63-420(5)

ORS 459.540(2)

ORS 459.440(1)

OAR 340-62-025(1) (c)

OAR 340-62-065 (1) (b)

ORS 459.517(6)

ORS 459.530(1) (c).

ORS 459.517 (6)

•

Page 7.35

Reviewers

Conunents

Equivalent. Statutes adequate. Requirements

presently in site license and facility plan

approvals. Rules may be needed.

Equ~valent. See comments on 5.1 above.

Equivalent. Statutes adequate, rules may be

needed. presently may be included in site

license.

Equivalent. See conunent on 6.1 above.

Equivalent. See comment on 6.1 above.

Eqlii.valent. See comment on 6.1 above.
'. •

FACILITIES

•

Page 7.36

Federal Cite

(40 CFR 123) State Program Requirement

6.5 Training records on current personnel must be

kept until closure of the facility.*

State

Coverage

Reviewers

Comments

Equivalent. See comment on 6.1 above.

.128 (e) (6) 7.0 INSPECTION, MONITORING, RECORDKEEPING, AND REPORTING ORS 459.440(1)

';"'J

Ul

0'

7.1 The owner or operator must inspect the facility

for malfunctions and deterioration, operator

errors, or discharges which may be causing or lead to:

(a) release of hazardous waste constituents to

the environment or

(b) a threat to human health

7.2 The owner or operator must develop and follow a

schedule and plan for inspections.

7.3 The owner or operator must take remedial action

upon the detection of malfunction or the

deterioration of equipment and structures when

a hazard is imminent.

7.4 The owner or operator must record inspections

in an inspection log and must keep the records

for at least three years from the date of

inspection.·

7.5 The owner or operator must keep a written

operating record at the facility which meets

the requirements of Sec. 265.73(b).*

7.6 All records must be furnished upon request and

available at all times for inspection by EPA.

7.7 A copy of records of waste disposal locations

and quantities must be submitted to the

Director and the local land authority upon

closure of the facility.*++

OAR 340-63-420(1)

OAR 340-62-025 (1) (d)

OAR 340-62-065 (1) (c)

ORS 459.440(1)

OAR 340-62-025 (1) (d)

OAR 340-62-065 (1) (c)

ORS 459.440(1)

ORS 459.440(1)

ORS 459.440(1)

OAR 340-63-420(7)

ORS 459.440(1)

Equivalent. Statute adequate. Present

requirements may be in site management plan.

Rules may be needed.

Equivalent. See comment on 7.1 above.

Equivalent. See comment on 7.1 above.

Equivalent. See comment on 7.1 above.

Equiv~lent. See comment on 7.1 above.

Equivalent rule.

Equivalent. Records presently submitted monthly.
••••

r

F'cderal Cite

!40 CFR 123)

FACILITIES

State Program Requirement

7.8 The owner or operator must submit a report to

the Director in compliance with the

requirements of Sec. 265.75.*++

7.9 The receipt of any unmanifested waste must be

reported to the Director.++

7.10 The owner or operator must submit a report to

the Director if any of the following occur:++ (a) releases

(b) fires

(c) explosions

(d) groundwater contamination'

(e) facility clo.ure

•

State

Coverage

ORS 459.440(1)

OAR 340-63-430

OAR 340-63-430

OAR 340-63-420(3)

•

Page 7.37

Reviewers

Comments

Equivalent. Report sUbmitted monthly.

Equivalent. Reported when received.

Equivalent. Report submitted at ti~e of

event or as soon thereafter as possible.

:-J .128 (e) (7) UJ

.-l

8.0 MANIFEST SYSTEM**

8.1 If a facility receives hazardous waste

accompanied by a manifest, the owner or operator must meet the requirements of

Sec. 265.71 a(1)-(5).*

ORS 459.440(1) Equivalent rules.

OAR 340-63-425(2) and (3)

ORS 459.517(3)

8.2 If a facility receives, from a rail or water

transporter, hazardous waste which is

accompanied by a shipping paper, the owner or

operator must meet the requirements of

Sec. 265.71.*

8.3 Upon discovery of a significant manifest

discrepancy, the owner or operator must attempt

to reconcile the discrepancy with the waste

generator or transporter.

8.4 If a significant manifest discrepancy is not

resolved, the owner or operator must notify the

Director.++

OAR 340-63-425(2)

ORS 459.440(1)

OAR 340-63-430

Equivalent. Rail and water requirements

same as for motor transport.

Equivalent. statute adequate. Site license

requires that only approved wastes be accepted.

Rules may be needed.

Equivalent rule.
:--l

Ul

00

-

Federal cite

(40 CFR 123)

.128 (0) (8)

FACILITIES

State Program Requirement

9.0 OTIIER FACILITY STANDARDS

9.1 EPA Identification Number

Every facility owner or operator must apply for

an EPA identification number.'

9.2 Required Notices

(a) The facility owner or operator must notify

the Director at least four weeks in

advance of receipt of wastes from a

foreign source.-++

(b) Defore transferring ownership or operation

of a facility, the facility's owner or

operator must notify the new owner or

operator of the requirements of 40 CFR 265

and 122.-

9.3 General Waste Analysis

Before treating, storing, or disposing of

hazardous waste, the facility owner or operator must obtain a detailed chemical and

physical analysis of wastes. The analysis must

contain all the information which must be known

to treat, store, or dispose the waste in

accordance with the Federal requirements.

9.4 General Requirements for Ignitable, Reactive

or Incompatible Wastes

(a) The owner or operator must take precautions to prevent accidental ignition or

reaction of ignitable or reactive'waste.

(b) Treatment, storage, or disposal of ignitable or reactive waste and the mixture or

commingling of imcompatible wastes'must be

conducted so that it does notl

(i) Generate extreme heat or pressure,

fire or explosion, or violent

reaction,

•

State

Coverage

OAR 340-63-410

ORS 459.440(1)

ORS' 459.440 (1)

ORS 459.440(1)

ORS 459.440(1)

OAR 340-63-420(1)

•

Page 7.38

Reviewers

Comments

Equivalent rule.

Equivalent. Statute adequate. Disposal site

must notify DEO before receiving any waste. Rule

may be needed for other facilities.

Equivalent. Statute adequate. All management

facility licenses are nontransferable.

Equivalent. statute adequate. Disposal site

presently required by license to submit this

information to DEO before receiving any waste.

Rules may be needed for other facilities.

Equivalent. Statute adequate, rule may need

amplification. Specific requirements presently

in disposal request and site management plan and

facility plan approvals.
:--l

•

Federal Cite

(40 CFR 123)

FACILITIES

State Program Requirement

(ii) Produce uncontrolled toxic mists,

fumes, dusts, or gases in sufficient

quantities to threaten human health;

(iii) Produce uncontrolled flammable fumes

or gases in sufficient quantities to

pose a risk of fire or explosions;

(iv) Damage the structural integrity of

the device or facility containing

waste; or

.(v) Through other like means threaten

human health or the environment.

9.5 Financial Requirements

The'owner or operator must develop and maintain

a current estimate of closure and post-closure

costs.

9.6 Use and Management of Containers

(a) The container must be compatible with the

waste to be stored.

(b) Containers holding hazardous waste must be

kept closed and must not be opened,

handled, or stored in a manner which may cause a rupture or leak.

(c) Areas where containers are stored must be

inspected weekly.-

(d) Containers holding ignitable or reactive

waste must be located at least 15 meters

from the facility's property line.-

(e) 'Incompatible wastes must not be placed in

the same container.

(f) A storage container holding a hazardous

waste that is incompatible with any waste

or other materials stored nearby must be

separated or protected from the other

materials.

•

State

Coverage

OAR 340-62-025(1) (m)

ORS 459.590(2) (f)

ORS 459.600

ORS 459.440(1)

OAR 340-63-420(5)

OAR 340-63-420(6)

•

Page 7.39

Reviewers

Comments

Statute adequate for disposal sites. Need

statute for storage and treatment sites.

Equiyalent. Statute adequate; rule may need

amplification. Requirements presently in site

management plan and facility plan approvals.
:--.l

5"'

•

Federal Cite

(40 CFR 123)

FACILITIES

State program Requirement

9.7

(a) Hazardous wastes must not be placed in a

tank if they could cause the tank or its

liner to leak.

(b) Uncovered tanks must have at least two

feet of freeboard unless other containment

structures, a drainage control system, or

other diversion structures with a capacity

that equals or exceeds the volume of the

top two feet of the tank.

(c) Tanks which have a continuous feed system

must be equipped with a means to stop the

inflow.

(d) Waste analysis must be conducted pursuant

to Sec. 265.13 and Sec. 265.193(a).*

(e) Tanks must be inspected in accordance with

Sec. 265.194.*

(f) At closure, all hazardous waste and

hazardous waste residues must be removed

from the tanks.

(g) Ignitable or reactive waste should not be

placed in a tank unless Sec. 265.198 is

complied with.

(h) Incompatible wastes must not be placed in

the same tank unless Sec. 265.17(b) is

complied with.

9.8 Surface Impoundments

(a) Must maintain at least two feet of .freeboard.

(b) Earthen dikes must have protective cover.

(C) Must conduct waste analyses and trial tests

in accordance with Sec 265.225.*

(d) Must inspect the freeboard level at least once each operating day.

•

State

Coverage

ORS 459.440(1)

OAR 340-63-420(5)

ORS 459.440(1)

OAR 340-63-420(1)

OAR 340-62-025(1) (d)

OAR 340-62-065 (1) (c)

•

Page 7.40

Reviewers

Comments

Equiv~lent. Statute adequate, rule may need

amplification. Requi~ements presently in

disposal requests and facility plan approvals.

Equivalent. Statute adequate, rules may be

needed. Requirements presently may be put in

site management plan and facility plan approvals.
(.

Feder"l Cite

(40 CrR 123)

FACILITIES

State Program Requirement

•

State

Coverage

•

page 7.41

Reviewers

Comments

(e)

(f)

(g)

(h)

Must inspect the surface impoundment at least

onCe a week to detect any leaks, deterioration,

or failure. * be.

The surface impoundment must'closedin

accordance with Sec. 265.228.

Ignitable or reactive waste must not be

placed in the same surface impoundment unless

Sec. 265.17(b) is complied with.

Incompatible wastes must not be placed in

the same surface impoundment unless Sec.

265.17(b) is complied with.

OAR 340-63-420(6)

--.J

9.9 Waste Piles

(a) A waste pile must be protected and managed

to control wind dispersal.

(h) An owner or operator must conduct waste

analyses unless the facility meets the

exemptions of Sec. 265.252.

(c) Within one year after the effective date

of the regulations, leachate or run-off

from a pile must be controlled pursuant to

Sec. 265.253.*

(d) Ignitable or reactive waste must not .be

placed in a waste site unless Sec. 265.265

is complied with.

(e) The requirements of Sec. 265.257 for

incompatible wastes must be complied with.

9.10 Land Treatment

(a) Ilazardous waste must not be placed at a

land treatment facility unless it can be

made less hazardous or non-hazardous.

(b) Run-on must be diverted away from other

active portions as of one year after the

effective date of Part 265.*

ORS 459.440(1)

OAR 340-63-420(6)

OAR 340-62-025(1) (d)

OAR 340-62-065 (1) (c)

ORS 459~ 440 (1)

OAR 340-62-025(1) (d)

Equivalent. Statute adequate, rules may be

needed.: Requirements presently in disposal

request,and facility plan approvals.

Equivalent. statute adequate, rules may be

needed.· Requirements presently in facility plan

approvals and site management plan.
Ie

Federal Cite

(40 crR 123)

FACILITIES

State Program Requirement

•

State

Coverage

Reviewers

Comments

•

page 7.42

(c) Run-off from active portions must be

collected as of one year after the

effective date of Part 265.*

(d) Waste analyses must be conducted pursuant

to Sec. 265.273.*

(e) An owner or operator must notify the State

Director within 60 days after the

effective date of Part 265 if food chain

crops are ~rown on the land treatment

facility.*+.

(f) Food chain crops must not be grown on the

treated area ofa hazardous waste land

treatment facility unless Sec. 265.276(b)

is complied with.*

(9) Food chain crops must not be grown on a

land treatment facility receiving waste

that contains cadmium unless Sec. 265.275(c)

N

is complied with.*

(h) The owner or operator must have in writing

and must implement an unsaturated zone

monitoring plan pursuant to Sec. 265.278.*

(i) The owner or operator must keep records of

the application dates, application rates,

quantities, and location of each hazardous

waste placed ina facility.

(j)

A land treatment facility must meet the

closure and post-closure requirements of

Sec. 265.280.

(k) Ignitable or reactive waste must not be

placed ina land treatment facility unless

Sec. 265.281 is complied with.

(1) Incompatible wastes must not be placed in

the same land treatment area unless

Sec. 265.17 is complied with.
t

Ul

(.

Federal Cite

(40 CFR 123)

FACILITIES

State Program Reguirement

9.11 Landfills

(a) Run-on must be diverted away from the

active portions within one year after the

effective date of Part 265.*

(b) Run-off from active portions must be

collected within one year after the

effective date of Part 265.*

(c) Must control wind dispersal.

(d) The owner or operator must meet the

surveying and recordkeeping requirements

of Sec. 265.309.*

(e) A landfill must comply with closure and

post-closure requirements of Sec. 265.310.*

(f) Ignitable or reactive waste must not be

placed in a landfill unless Sec. 265.312 is

complied with.

(g) Incompatible wastes must not be placed in

a landfill unless Sec. 265.17(b) is complied

with.

(h) Bulk or non-containerized liquid waste,

waste containing free-liquids, or containers holding liquid waste should not

be placed in a landfill unless the

requirements of Sec. 265.314 are complied

with.

(i) Empty containers must be reduced in volume as of one year after the effective date of

Part 265.*

9.12 Incinerators

(a) Must be at steady state conditions before

adding hazardous waste.

(b) Waste analyses must be conducted pursuant

to Sec. 265.345.*

(c) Monitoring and inspections must be

conducted as delineated in Sec. 265.347.*

•

State

Coverage

ORS 459.440(1)

OAR 340-62-025 (1) (d)

ORS 459.440(1)

OAR 340-62-025(1) (d)

OAR 340-62-065(1) (c)

•

page 7.43

Reviewers

Comments

Equivalent. Statute adequate, rules may be

be needed. Requirements presently in facility

plan approvals and site management plans.

Equivatent. Statute adequate. No incinerators·

at present. Rules needed if handling through

site license/plans not satisfactory.
:t.

•

Federal Cite

!40 CPR 123)

FACILITIES

State Program Requirement

(d) At closure, the owner or operator must remove all hazardous waste and hazardous

waste residues. .

9.13 Thermal Treatment

(a) Must be at steady state conditions before

adding hazardous wastes.

(b) Waste analyses must be conducted pursuant

to Sec. 265.375.-

(c) Monitoring and inspections must be

conducted as delineated in Sec. 265.377.-

(d) At closure, the owner or operator must

remove all hazardous waste and hazardous

waste residues.

(e) Open burning of hazardous waste is

prohibited except for the open burning and

detonation of waste explosives.

9.14 Chemical, Physical, and Diological Treatment

(a) Must comply with Sec. 265.17(b).

(b) Hazardous waste must not be placed in the

treatment process or equipment if any

failure of equipment or the process would occur.

(c) A continuously fed process must be

equipped with a means to stop the inflow.

(d) Waste analyses and trial tests must be

conducted pursuant to Sec. 265.402~-

(e) Inspections must be made pursuant to

Sec. 265.403.-

(f) At closure, all hazardous waste and

hazardous waste residues must be removed.

(g) Ignitable or reactive waste must not be

placed in a treatment process unless

Sec. 265.405 is complied with.

•

State

Coverage

ORS 459.440(1)

OAR 340-62-025(1) (d)

OAR 340-62-065 (1) (c)

ORS 459.440(1)

OAR 340-62-025(1) (d)

OAR 340-62-065(1) (C)

•

Page 7.44

Reviewers

Comme'nts

Equivalent. Statute adequate. No thermal

treatment facilities at present. Rules needed

if handling through site license/plans not

satisfactory.

Equivalent. Statute adequate. Requirements

plan and facility plan approvals. Rules may be

needed.
•

Federal Cite

.1!O cm 123)

FACILITIES

State Program Requirement

•

State

Coverage

•

Page 7.45

Reviewers

Comments

~~

(h) Incompatible wastes must not be placed in

the same treatm~nt process unless Sec. 265.17

is complied with.

9.15 Underground Injection.

(a) Underground injection of hazardous waste

is not subject to the closure and postclosure or financial requirements of Part

265. Underground injection is subject

to the other requirements of Part 265.

ORS 459.440(1)

OAR 340-44-010

OAR 340-44-030

statute adequate. No present underground

injection of hazardous waste and contrary

to CEQ policy.
•

Federal Cite

(40 em 123)

.128(f) (1)

:-.J .120(f)(2)

t

.128 (g) (1)

.128 (g) (2)

ENFORCEMENT AUTHORITY

state Program Requirement

10.0 AUTIIORI1~ TO REMEDY VIOLATIONS

10.1 A state must have authority to restrain any

person from engaging in unauthorized activity

which is endangering public health or the

environment.

10.2 A state must have authority to sue to enjoin

any threatened or continuing violation of any

program requirement.

10.3 A state must be able to sue for at least $1000

per day in civil in criminal court

A State must provide for public participation

in the enforcement process by either (1)

allowing intervention as of right) or (2)

giving the assurances in .128 (f) (2) (ii).

11.0 COMPLIANCE EVALUATION PROGRAM

11.1 A state must have procedures for receipt·,

evaluation, recordkeeping, and investigation

of all required notices and reports.

11.2 A state must have inspection and surveillance

authority as follows:

11.2.1 To be able to make comprehensive surveys of

any activity subject to regulation.

11.2.2 A program for periodic inspection of activities

subject to regulation.

11.2.3 Be able to investigate evidence of program

and permit requirements.

11.2.4 Procedures for receiving and considering

information submitted by the public.

•

State

Coverage

ORS 495.680

ORS 756.160

ORS 459.690

ORS 756.180

ORS 459.992(4)

ORS 756.990(2)

ORS 459.430(1)

ORS 459.440(1)

ORS 756.090

ORS 459.670

ORS 459.660

ORS 756.070

ORS 459.650

•

Page 7.46

Reviewers

Conunents

Equivalent. Statute adequate.

Equiv~lent. Statute adequate.

Equivalent. Statute adequate.

DEQ can provide written policy

assurance of (2).

DEQ has professional standards which it

strives to maintain

possibly equivalent. More specific statute

giving survey right may be needed.

Equivalent. Statute adequate.

Equivalent. Statute adequate.

Equivalent. Statute adequate.
1--l

'-

Federal Cite

(40 CPR 123)

.128 (g) (3)

.128 (g) (4)

ENFORCD-IENT AUTHORITY

State Program Requirement

11.3 A state compliance officer must be able to enter

any area subject to regulation for

investigatory purposes.

11.4 Inspection Shall be conducted in a manner that

will produce evidence admissible in court.

•

State

Coverage

ORS 459.660

ORS 756.075

e

Page 7.47

Revilllters

COllIIIIents

Believed equivalent•. If not, power of entry

similar to ORS 459.285 (solid waste) needed.

DEQ has ·chain of custody· procedures.

•

••

+

++

FSB:b

Zll166

Indicates areas where flexibility of Federal requirements may be particularly appropriate •

It should be noted that State programs are required to provide manifest tracking systems with requirements. for HWMF's SUbstantially

equivalent to Part 265. However, 123.128(d) allows States to receive interim authorization if legal authority does not exist to

provide manifest tracking systems with requirements respecting generators and transporters only. See the discussion in the text.

Underground injection controls are optional for the purpose of interim authorization of State programs.

Although the Federal requirements actually require notification and reporting to the Regional Administrator, states should require

notification and reporting to the State Director for purposes of ·substantial equivalence· under the interim authorization program.