FEDERAL RULES (40 crn Part 26]) OJlI:tX)N RULES (OAR) C(M.tOO' ON ORElXlN RULES

CCMP;'.F OCRA WI'll! OREGON RULFS

R:RA .ON 3001: IDENTIFICA'rICN AND LISTI!'lJ OF HA7J\ROOtlS WASTE •

Page 9.1

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SUBPART A--GENEML

261.1 Purpose and Scope

(This Part identifies those solid wastes which

are subject to reguiation as hazardous wastes under

Parts 262 through 265 and Parts 122 through 124

of this Chapter and which are SUbject to the

notification recJUirements of Section 3010]

261.2 Definition of SOlid Waste

[Defines solid waste as garbage, ,refuse, sludge

or other waste material not excluded under

261.4(a). '''Other waste material" is further

defined as discarded solid, liquid, semi-solid

or contained gas resulting fran industrial,

commercial, mining, agricultural or community activities.

Also defines "discarded", "disposed-of" and

"manufacturing or mining by-product") 261.3 Definition of hazardous waste.

(a) A solid waste, as defined in 261.2, is a hazardous

waste if:

(1) It is not excluded fran regulation as a

hazardous waste under 26l.4(b) , and

(2) It meets any of the following criteria:

(i) It is listed in Su~rt 0 and has not

been excluded fran the lists in Subpart D under

260.20 and 260.22 of this Chapter [procedure to

petition to exclude a specific waste.]

(ii) It is a mixture of solid waste and

one or rore hazardous wastes listt:d in Subpart D and has not been excluded fran thls paragraph under 260.20 and 260.22 of this Chapter.

(iii) It exhibits any of the characteristics

of hazardous waste identified in Subpart C.

(b) A solid waste which is not excluded fran

regulation under paragraph (a) (1) of this section

becomes a hazardous waste when any of the following

events occur:

(1) In the case of a waste listed in Subpart 0,

when the waste first meets the listing description

set forth in Subpart o.

(2) In the case of a mixture of solid waste

and one or rore'listed hazardous wastes, when a

hazardous waste listed in Subpart 0 is first

added to the solid waste.

(3) In the case of any other waste (including

a waste mixture), when the waste exhibits any of

the characteristics identified in Subpart C.

(c) Unless and until it meets the criteria of

paragraph (d):

(r~: 9-09-80) ZW57

ORS 459.410(6) "Hazardous wastes" does not

include radioactive material or the radioactively contaminated containers and

receptacles used in the transportation,

storage, use or application thereof.

Hazardous wastes does include all of the

following which are not declassified by the commission pursuant to subsection (3) of

ORS 459.430:

(a) Discarded, useless or unwanted

materials or residues resulting fran any

substance or combination of substances

intended for the purpose of defoliating plants or for the preventing, destroying,

repelling or mitigating of insects,

fungi, weeds, rodents or predator~

animals, including but not limited to

defoliants, desiccants, fungicides, herbicides,

insecticides, nematocides and rodenticides

as defined by ORS 634.211.

(b) Residues resulting fran any process

of industry, manufacturing, trade or business

or fran the development or recovery of any natural resources, if such residues are

classified as hazardous by order of the

commission, after notice and public hearing.

For purposes of such classification, the

commission must find that such residue,

because of its quantity, concentration, or

physical, chemical or infectious characteristics

may:

(A) Cause or significantly contribute to

an increase in rortality or an increase in

serious irreversible or incapacitating reversible

illness, or

(B) Pose a substantial present or potential

hazard to human health or the environment when

improperly treated, stored, transported, or

disposed of, or otherwise managed. .

(c) Discarded, useless or unwanted containers

and receptacles used in the transportation,

storage, use or application of the substances

Oregon definition includes

federal definitions of solid

waste and hazardous waste.

Believe statutory authority broad enough to permit classification of any waste identif ied as hazardous by EPA. '
CCt-1Pa OF flCRA WrIU OREGON L1IW Page 9.2

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(1) A hazardous waste will ,remain a hazardous

waste.

(2) Any solid waste generated from the treatment,

storage or disposal of a hazardous waste, including , any sludge, spill residue, ash, emission control dust

or leachate (but not including precipitation run-off),

is a hazardous waste.

(d) Any solid waste described in paragraph (c) of

this section is not a hazardous waste if it meets the

following criteria:

(1) In the case of any solid waste, it does not

exhibit any of the characteristics of hazardous

waste identified in Subpart C. (2) In the case of a waste which is a listed

waste under Subpart 0, contains a waste listed

under Subpart D or' is derived from a waste listed

in Subpart 0, it also has been eXCluded from

paragraph (c) under 260.20 and 260.22 of this Chapter.

261.4 Exclusions.

[Excludes domestic sewage, industrial waste mixed with

domestic sewage (to a ~~), point sources under NPDES,

irrigation return, high-level nuclear material, in-site

mining, certain agricultural waste, mining overburden,

and certain utility and drilling wastes.}

261.5 Special requirements for hazardous waste

generated by small quantity generators.

(a) Except as otherwise provided in this section,

if a person generates, in a calendar month, a

total of less than 1000 kilograms of hazardous wastes,

those wastes are not sUbject to regulation under

Parts 262 through 265 and Parts 122 through 124 of

this Chapter, and the notification requirements of

Section 3010 of ReM.

(b) If a person whose waste has been excluded from

regulation under paragraph (a) of this Section

accumulates hazardous wastes in quantities greater than 1000 kilograms, those accumulated wastes are

subject to regUlation under Parts 262 through 265 and Parts 122 through 124 of this Chapter, and

notification requirements of Section 3010 of ReRA.

(c) If a person generates in a calendar month or

accumulates at any time any of the fOllowing

hazardous wastes in quantities greater than set

forth below, those wastes are subject to

regulation under Parts 262 through 265 and Parts

122 through 124 of this Chapter, and the

notification requirements of Section 3010 of ReM:

(I~: 9-09-00) ZI~57

described in paragraphs (a) and (b) of this

subsection.

ORS 459.430(3) After notice and public hearing

pursuant to ORS chapter 183, declassify as

hazardous wastes those substances described in

subsection (6) of ORS 459.410 which the commission

finds, after deliberate consideration, taking into

account the public health and safety, have been

properly treated or decontaminated or contain

a sufficiently low concentration of hazardous

material so that such substances are no longer hazardous. ' ORS 469.300(13) "Radioactive waste" means discarded or unwanted radioactive material,' including

mined or refined naturally ocurring or accelerator

produced isotopes and by-product material, source

material or special nuclear material as defined by

ORS 453.605.

ORS 459.430(3) [Declassification procedure}

340-63-015 Small quantities of hazardous

wastes, as specified in Sections 63-110, -115,

and -125, need not be disposed through a

hazardous waste management facility if they

are handled in accordance with the following procedure:

(a) The waste shall be securely contained

to minimize the possibility of waste release

prior to burial.

(b) Persons disposing of hazardous waste

from other than danestic or household use

shall Obtain permission from the waste

collector or landfill permittee before

depositing the waste in any container or

landfill for subsequent collection or

disposal.

(2) In the event that the waste collector or

landfill permittee refuses acceptance, the

Department shall be contacted for alternative

disposal instructions.

340-63-120(2) Reactive waste shall be managed

as hazardous·or as otherwise approved by the

Department.

Radioactive waste controlled

under the authority of the

Department of Energy and the

Health Division.

No exclusions in Oregon

rules. May want to add some.

Oregon small quantity exemptions are more restrictive

than EPA for all wastes except

those listed in 26l.33(e)

(see Appendix C.)
~"!0N OF ReM WI'IU OREroN L1IW

-.. ReR..N 3001:, roEmIFICNrION AND LISTINJ OF IIAZAruXXlS WASTE •

FEDEJW. Rl.1LES (40 em Part 261) OREroN RILES (OAR)

(1) One kilogram of any ccmnercial product or manufacturing chemical intermediate having the

generic name listed in 261.. 33(e) •

(2) One kilogram of any off-specification

ocmnerclal chemical product or manufacturing chemical intermediate which, if it met specifications,

would have the generic name listed in 26l.33(e).

(3) Any containers identified in 26l.33(c) that are larger than 20 liters in capacity; (4) 10 kilograms of inner liners from containers

identified under 26l.33(c);

(5) 100 kilograms of any residue or contaminated

soil, water or other debris resulting from the

cleanup of· a spill, into or on any land or water,

of any commercial chemical product or manufacturing

chemical intermediate having the generic name listed in 26l.33(e)

(d) In order for hazardous waste to be excluded from

regulation under this section, the generator must

canply with 262.11 of this Chapter [Procedure for

determining if a given waste is hazardous). He must al~ either treat or dispose of the waste in an

on-site facility, or ensure delivery or disposal

. facility either of which is:

(1) Permitted by EPA under Part 122 of this

Chapter, or by a State with a hazardous waste

management program authorized under Part 123 of

this Chapter;

(2) In interim status under Parts 122 and 265

of this Chapter; or (3) Permitted, licensed, or registered by a

State to manage municipal or industrial solid

waste.

(e) Hazardous waste subject to the reduced

requirements of this section may be mixed with

non-hazarclous waste and remain subject to these

reduced requirements even though the resultant

mixture exceeds the quantity limitations

identified in this section, unless the mixture

meets any of the characteristics of hazardous

waste identified in Subpart C.

Page !I.]

a:Mo1ENT ON ORIDJN RILES

• ..

261.6 Special requirements for hazardous waste

which is used, re-used, recycled or reclaimed.

(a) Except as otherwise provided in paragraph (b)

of this section, a hazardous waste which meets

either of the following criteria is not subject

to regulation under Parts 262 through 265 or

Parts 122 through 124 of this Chapter and is

not SUbject to the notification requirements

of Section 3010 of ReM until such time as the

Administrator promulgates regUlations to the

contrary:

(Fa: 9-09-00) ZW57

Oregon rules do not distinguish between wastes that

are recycled or discarded.

(see Appendix D, page 9.74)
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CC'. OF ReM WI'lll OREr',()N T.J\W

rc ON 3001: IDENrIFICA'fIOO lIND LISTI~ OF IlAZAlUXXJS WASTE

FFDERAT, roLES (19 ~FR__Part~Ii1J_ 9~ IUJ~ (OARJ

(1) It is being beneficially used or re-used

or legitimately recycled or reclaimed.

(2) It is being accumulated, stored or

physically, chernica1ly.or biologically treated

prior to beneficial use or re-use or legitimate recycling or reclamation.

(b)

A hazardous waste which isa sludge, or which

is listed in Subpart 0, or which contains one

or more hazardous wastes listed in Subpart 0; and

which is transported or stored prior to being

used, re-used, recycled or reclaimed is subject

to the following requirements with respect to

such transportation or storage:

[General hazardous waste standards)

Subpart B--Criteria for Identifying the

Characteristics of Hazardous Waste and

for Listing Hazardous Waste

261,10 Criteria for identifying the characteristics

of hazardous waste.

[Reotates and amplifies definition in ReM Section

104(5).1

261.11 Criteria for listing hazardous waste

[nestates and amplifies RCRA Section 300l(a) taking into account toxicity, persistence, and degradability

in nature, potential for accumulation in tissue, and

other related factors such as flammability,

corrosiveness, and other hazardous characteristics.)

Subpart C--Characteristics of Hazardous Waste

261.20 General.

(a)

A solid waste, as defined in 261.2, which is not

excluded from regulation as a hazardous waste under

26l.4(b), is a hazardous waste if it exhibits any

of the characteristics identified in this Subpart.

(b)A hazardous waste which is identified by a

characteristic in this subpart, but is not listed as

a hazardous waste in Subpart 0, is assigned the

EPA Hazardous Waste Number set forth in the

respective characteristic in this Subpart. This

number must be used in complying with the notification requirements of Section 3010 of the Act

and certain recordkeeping and reporting requirements under Parts 262 through 265 and Part 122 of this

Chapter.

(e) For purposes of this Subpart, the Administrator

wIll consider a sample obtaIned using any of the

(FA: 9-09-00) ~v57

Page 9.4

CXM<>Nr ON 0R>In< HILES•

May want to adopt criteria.

May want to adopt criteria•

May need to adopt EPA

Hazardous Waste Numbers.

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Ccr-./···· '~N OF ReM WI'fH OREr..oo L/'M

sc ON 3001: IDENrIFlCA'l'ION AND LISrIN3 OF HAZARIXXJS WAS'I'E

FI:lJERAL RUl.ES (40 ern Part 261) .OllWlN lULl'S (OAR)

k'age ~.~

CCMo\EN1' ON OREGON RILES •

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\J)

applicable sampling methods specified in Appendix I

to be a representative sample within the meaning

of Part 260 of this Chapter.

261.21 Characteristic of ignitability.

(il) A solid waste exhibits the characteristic

of ignitahility if a representative sample of the waste

'has any of the following properties: (1) It is a liquid, other than an aqueous

solution containing less than 24 percent alcohol by

volume, and has a flash point less than 60ct(l40Op), as determined by a Pensky-Martens Closed Cup Tester,

using the test method specified in ASTM Standard

0-93-79, Or a setaflash Closed Cup Tester, using

the test method specified in ASTM standard

0-3278-78, or an equivalent test method.

(2) It is not a liquid and is capable, under

standard temperature and pressure, of causing fire

through friction, absorption of moisture or

spontaneous chemical changes and, when ignited,

burns so vigorously and persistently that is

creates a hazard.

(3) It is an ignitable compressed gas as

defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or

equivalent test methods.

(4) It is an oxidizer as defined in 49 crn 173.151.

(b) A solid waste that exhibits the characteristic

of ignitability, but is not listed as a hazardous

waste in Subpart 0, has the EPA Hazardous Waste

Ntunber of 0001.

261.22 Characteristic of corrosivity.

(a) A solid waste exhibits the characteristic of

corrosivity if a representative sample of the waste has either of the following properties:

(1) It is aqueous and has a pH less than or

equal to 2 or greater than or equal to 12.5.

(2) It is a liquid and corrodes steel (SAE 1020)

at a rate greater than 6.35 rom (0.250 inch) per

year at a test temperature of 550t (130Op) as

determined by the test method specified in NACE

(National Association of Corrosion Engineers)

Standard 1M-01-69 or an equivalent test method.

(b) A solid waste that exhibits the characteristic

of corrosivity, but is not listed as a hazardous

waste in Subpart 0, has the E~A Hazardous Waste

Number of 0002.

(FB: 9-09-80) ZW57

340-63-110(1) A waste is ignitable if it

has any of the following properties:

(a) Any liquid that has a flash point

less than 60ct. (140Op.) as determined by the Pensky-Martens Closed Tester (ASmM 093-73)

or an equivalent method.

(b) Any flammable compressed gas as defined by 49 CFR l73.300(b).

(c) Any class C explosive as defined

by 49 CFR 173.100.

(d) Any other waste, that under conditions

incident to its management, is liable to cause

fires through friction, absorption of moisture,

spontaneous Chemical change, or retained heat

from manufacturing or processingl and .

when ignited burns so vigorously and persistently

as to create a hazard during its management.

(2) A generator may dispose of up to 25 pounds

of ignitable waste per month in accordance with

rule 340-63-135.

340-63-115(1) A waste is corrosive if

as a liquid or sludge, or as a solid

mixed with an equal volume of water, it

has either of the following properties:

(a) A pH of 2 or less or of 12 or

greater. (b) Any corrosive as defined by

49 CFR 173.240.

(2) A generator may dispose of up to 2QO

pounds of corrosive waste per month in

accordance with rule 340-63-135.

EPA small quantity exemption

2200 lb/mo.

OXidizers classified Reactive

under OAR 340-63-120.

Oregon corrosive definition

more restrictive than EPA.

49 CPR 173.240 includes 40 CPR

26).22(a) (2)

EPA small quantity exemption

2200 Ib/mo.
~i""'T'?')N OF ReM WI'ffi ORl'DON L1'¥l Page 9.6

~. 300" IOENrIFICATIOO l\ND LISTIt<; OF IIAZARDOOS WASTE •.

FEDERAL roToES (40 CFR Part 261) OREroN roLES (OAR) CCMotENT ON OREJJON RULES

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261.23 Characteristic of reactivity.

(a) A solid waste exhibits the characteristic

of reactivity if a representative sample of the waste has any of the following properties:

(1) It is normally unstable and readily undergoes violent change without detonating. (2) It reacts violently with water.

(3) It forms potentially explosive mixtures

with water.

(4) When mixed with water, it generates toxic

gases, vapors or fumes in a quantity sufficient

to present a danger to human health or the

environment.

(5) It. is a cyanide or sulfide bearing waste

which, when exposed to pH conditions between

2 and 12.5, can generate toxic gases, vapors or

fumes in a quantity sufficient to present a

danger to hl~an health or the environment.

(6) It is capable of detonation or explosive

reaction if it is subjected to a strong initiating

source or if heated under confinement.

. (7) It is readily capable of detonation or

explosive decomposition or reaction at standard

temperature and pressure.

(8) It is a forbidden explosive as defined

in 49 CFR 173.51 or a Class A explosive as defined

in 49 CFR 173.53 or a Class B explosive as defined

in 49 CFR 173.88.

(b) A solid waste that exhibits the characteristics

of reactivity, but is not listed as a hazardous

waste in Subpart 0, has the EPA Hazardous Waste

Number of D003.

261.24 Characteristic of EP TOxicity.

(a) A solid waste exhibits the characteristic of

EP toxicity if, using the test methods described

in Appendix II [a leach test] or equivalent

methods approved by the Administrator under the

procedures set forth in 260.20 and 260.21, the

extract from a representative sample of the

waste contains any of the contaminants listed in

Table I at a concentration equal to or greater than

the re8pP.Ctive value given in that Table [Primary

drinking water contaminants (heavy metals and

pesticides) at 100X the drinking water standard.] Where the waste contains less than 0.5 percent

filterable solids, the waste itself, after

filtering, is considered to be the extract for

the purposes of this section.

(b) A solid waste that exhibits the characteristic

of EP toxicity, but is not listed as a hazardous

waste in Subpart 0, has the EPA Hazardous Waste

(FB: 9-09-00) ZWS7

340-63-120(1) A waste is reactive if it has

either of the following properties:

(a) Any waste that is normally unstable

and readily undergoes violent chemical change

such as reacting violently or forming potentially explosive mixtures with water;

or generating toxic fumes when mixed with water

under mildly acidic or basic conditions.

(b) Any waste that is capable of detonation

or explosive reaction with or without a strong initiating source or heat before initiation.

This includes explosives as defined by

49 CPR 173.51 (Forbidden), 173.53 (Class A), or

173.88 (Class B) •

(c) Any oxidizer as defined by 49 CFR 173.151

or 173.lSla.

(2) Reactive waste shall be managed as hazardous

or as otherwise approved by the Department.

(3) Waste explosives under the direct control of

a local, state, or federal agency are exempt fran

the rules of this division.

340-63-125(1) Pesticides and Pesticide

Manufacturing Residues:

(a) Waste containing pesticide or pesticide

manufacturing residue is toxic if it has any of

following properties:

(A) Oral toxicity: Material with'a

14-day oral LOSO equal to or less than 500 rng/kg.

(B) Inhalation toxicity: Material

with a one-hour inhalation LeSO equal to or less

than 2 rng/l as a gas or vapor or a one-hour

inhalation LeSO equal to or less than 200 rng/m3

as a dust or mrat , --

(C) Dermal penetration toxicity:. Material

with a l4-day dermal LOSO equal to or less than

200 rng/kg. . (D) Aquatic toxicity: Material with

96-hour aquatic TUm or 96-hour aquatic LeSO

equal to or less than 250 rng/l. .

EPA small quantity exemption 2200 lb/rnO.

Need to repeal exemption for explosives.

Need to adopt a similar leach

test rule. Oregon rule stated

for reference only.
CCMP~.F ReM WI'IH OREr;oo LAW

OCM 3001: IDEN'rIFlCATION AND LISTlt-I:; OF IlAZARlXXJS HASTE •

FEDrnAL RULES(!9~fR_PaJt 261) ORIDON RULES (OAR)

Page 9.7

C(M.{ENl' ON OREroN RULES

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Number specified in Table I which corresponds

to the toxic contaminant causing it to be hazardous.

EPA small quantity exemption

2200 lbjmo.

(b) A generator may dispose of up to ,10 pounds

of waste containing pesticide or pesticide

manufacturing residue per month in accordance with

rule 340-63-135.

(2) Halogenated Hydroc~rbons and Phenols (excluding

polymeric solids):. , (a) Haste containing halogenated hydrocarbons

(excluding polychlorinated biphenyls) or.

halogenated phenols is toxic if it contains 1%

, or greater of such substances.

(b) A generator may dispose of up to

200 pounds of waste containing halogenated hydro- carbons or halogenated phenols per month (excluding

polychlorinated biphenyls and pesticides) in

accordance with rule 340-63-135.

(c) Waste containing polychlorinated biphenyls

is toxic and shall be managed in accordance with 40

CPR 761.

(3) Inorganics:

(a) (A) Waste containing cyanide, arsenic,

cadmium or mercury is toxic if it contains 100 ppm

or greater of such substance or 200 ppm or greater

of the sum of such substances.

(B) Waste containing hexavalent chromium

or lead is toxic if it contains 500 ppm or greater

of such substance or 1000 ppm or greater of the

sum of such substances• (C) The Department may exempt certain

inert materials containing these substances

(e.g.: leaded glass, foundry sands) on a case-by-case basis.

(b) A generator may dispose of up to 10 pounds

of waste containing cyanide, arsenic, cadmium

or mercury or up to 200 pounds of waste containing

hexavalent chromium or lead per month in accordance

with rule 340-63-135.

(c) Mining wastes are exempt from the rules

of this division.

(4) Carcinogens:

(a) Waste containing carcinogens as identified

by OSHA. in 29 CFR 1910 is toxic. torE: see

Appendix for specific compounds and concentrations.

(b) ~~e identified carcinogenic wastes shall

be managed as hazardous or as otherwise approved

by the Department.

5.0

100.0

1.0

5.0

5.0

0.2

1.0

5.0

0.02

0.4

10.0

0.5

10.0

1.0

Arsenic

Barium

Cadmium

Chrcmitm

Lead

~lercury

Selenium

Silver

Endrin

Lindane

Methoxychlor

'IOxaphene

2,4-0

2,4,5-TP

Number Contaminant

Table I: Maximum Concentration of

Contaminants for Characteristic of EP 'noxicity

Maximum

Concentration

0004

0005

0006

0007

0008

0009

0010

0011

0012

0013

DOH

0015

0016

0017

.0

..:.."

Subpart D--Lists of Hazardous Wastes

261.30 General.

(a) A solid waste is a hazardous waste if it

is listed in this Subpart, unless it has been

excluded from this list under 260.20 and 260.22.

(FB: 9-09-00) ZW57
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ca'. ~'-OF ReM WIlli OREGON Ll\W

IO- ON 3001: IDEm'IFICATIOO AND LISI'INJ OF HAZAROOUS WASTE

FEDERAL FULES 140 CFg Part16l}________ORErnN mLES (Ol\ffi

(b) The Administrator will indicate his basis

for listing the clases or types of wastes

listed in this Sutpart employing one or

rrore of the follONing Hazard Codes:

Ignitable Waste - - - - - - - - - - - II)

Corrosive Waste - - - - - - - - - - - IC) Reactive Waste - - - - - - - - - - - IR)

EP Toxic Waste - - - - - - - - - - - (E)

Acute IJazardous Waste - - - - - - - (H)

TOxic Waste - - - - - - - - - - - - IT)

Appendix VII identifies the constituent which

caused the AdrrUnistrator to list the waste as an

EP Toxic Waste (E) or TOxic Waste (T) in

261.31 and 261.32.

(c) Each hazardous waste listed in this SUbpart

is assigned an EPA nazardous Waste Nl.mber which

precedes the name of the waste. 'ltIis nLmoer

must be used in cemplying with the notification

requirements of section 3010 of the Act and

certain recordkeeping and reporting

requirements under Parts 262 through 265 and

Part 122 of this Chapter.

Id) certain of the hazardous wastes listed

in 261.31 or 261.32 have exclusion limits

that refer to 261.5(c) (5).

261.31 Hazardous waste from nonspecific sources.

[Wastes FOOl- F016]

261.32 Hazardous waste fran specific sources.

[Wastes KOOl- K069)

261.33 Discarded Oommercial Chemical Products,

Off-Specification Species, Containers, and

Spill Residues 'rhereof.

the follONing materials or items are hazardous

wastes if and when they are discarded or

intended to be discarded:

la) Any commercial chemical product, or

manufacturing chemical intermediate having the generic name listed in paragraphs (e) or If)

of this section.

(b) Any off-specification commercial chemical

product or manufacturing Chemical intermediate

which, if it met specifications, would have

the generic name listed in paragraphs Ie) or

If) of this section.

(FB: 9-09-80) ZW57

Pag.'.8•

c:x»1I:Nr ON OREIX>N RULES

May need to adopt EPA

Hazardous Waste Numbers.

Incomplete coverage under

Oregon rulesl see AppendixA

for classification comparison.

EPA small quantity exemption

2200 Ib/rro.

Incomplete coverage under

Oregon rulesI see AppendixB

for classification comparison.

EPA small quantity exemption 2200 Ib;mo.

..
FEDERAL roLES (40 era Part 261) ...~________ ORffiON roLES (OAR)

ccwrt..'F ReM WI'lll OREGOO

RCRA -~ 3001: IDEN'fIFICATION I\ID LISTIN:i OF HAZAROOUS WASTE •

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(c) Any container or inner liner .removed fran

a container that has been used to hold any

cx:mnercial chemical product or manufacturing chemical intermediate having the generic

name listed in paragraph (e) of this section,

unless:

(1) The container or inner liner has been

triple rinsed using a solvent capable of

removing the a::mnercial chemical product or

manufacturing chemical intermediate;

(2) The container or inner liner has been

cleaned by another method that has been shcMn

in the scientific literature, or by tests

coOOucted by the generator, to achieve

equivalent removal; or

(3) In the case of a container, the

inner liner that prevented contact of the

comrerc Ial. chemical product or manufacturing

chemical intermediate with the container,

has been removed,

(d) Any residue or contaminated soil, water

or other debris resulting fran the cleanup

of a spill, into or on any lard or water, of

any cmmercial chemical product or manufacturing

chemical intermediate having the generic name

listed in paragraphs (e) or (f) of this

Section. ' (Corrrnent: 'l11e phrase "ccmnercial chemical

product or manufacturing chemical intermediate

having the generic name listed in ••• " refers

to a chemical substance which is manufactured

or formulated for ccmnercial or manufacturing

use. It does not refer be a material, such

as a manufacturing process waste, that contains

any of the substances listed in paragraphs

(e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because

it contains a substance listed in paragraphs

(e) or (f), such waste will be listed in either

261.31 or 261.32 or will be identified as

a hazardous waste by the characteristics set

forth in Subpart C of this Part.]

(e) The COll1llercial chemical products or

manUfacturing chemical intermediates, referred

to in paragraphs (a) through (d) of this

section, are identified as acute hazardous wastes

(II) and are subject to the small quantity exclusion

defined in 26l.5(c).

(f) The comnercial chemical products or manufacturing chemical intermodiates, referred to

in paragraphs (a),(b) aOO (d) of this section,

are-identified as toxic wastes (T) unless otherwise designated and are subject to the small

quantity excluaicn defined In 261.5(a) aOO (b).

(FUI 9-09-00) ZW57

340-63-130(1) Discarded, useless or unwanted

empty containers are hazardous if they were

used in the transportation, storage, or use

of a hazardous material or waste. ' (2) Empty containers from hazardous materialS

that have been employed for domestic use may

be disposed with other OOusehold retuse..

(3) Empty hazardous waste and hazardous

material containers need not be disposed at

a hazardous waste disposal site if they :

are handled in aocordance with the follOtiing

procedures: [Fbllowing are detailed decontamination procedures.]

InCC1TlPlete coverage uOOer

Oregen rules; see Appendix C

for classification comparison. Also need to reduce small

quantity exemption.

IOCC1TIPlete coverage uOOer

Oregon rules; see AppeOOix D

for classification comparison.

Also, the EPA small quantity

exemption 2200 lb;mo.
How Included in Present Oregon Rules (OAR 340-63-xxx)

COMPARI~F RCRA WITH OREGON RULES

APPEND1~ HAZARDOUS WASTE FROM NONSPECIFIC SOURCES

.'

• .. ,page •.LU

•

EPA HW Generated

ID No. in State*

FOOl Yes

FOO2 Yes

FOO3 Yes

F004 No

F005 Yes

F006 Yes

FOO7 Yes

F008 Yes

F009 Yes

F010 Yes

FOll Yes

F012 Yes

FOl3 Yes

F014 Yes

F015 Yes

F016 Yes

a F017 Yes

F018 Yes

By

Characteristic

340-63-110

110

120

120

115/120

120

120

120

By No Apparent

Category Coverage

340-63-125(2)

125(2)

x

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)

Comment

* i.e., is process generating waste carried out in State.

(FB: 9/09/80) ZW54
~U!"U'A1U~UN U~' K~.KA W.!.'.I.',ti UK.t.\3UN KUL,t;::; ...... ';JI .....

APPEND4!t HAZARDOUS WASTE FROM SPECIFIC SOURCES

How Included in Present Oregon

•

Rules (OAR 340-63-xxx) •

EPA HW Generated By By No Apparent

ID No. in State* Characteristic Category Coverage Comment

KOOl Yes 340-63-125 (1)

K002 No 125(3)

KOO3 No 125(3)

K004 No 125(3)

K005 No 125 (3)

K006 No 125(3)

K007 No X May fall under 125(3) for CN

K008 No 125(3)

K009 No X May by ignitable under 110

K010 No X May be ignitable under 110

K011 No 340-63-120 125(4)

K012 No 125(4)

K013 No 120 125(4)

K014 No 125(4)

K015 No 125 (2)

K016 No 125(2)

:) K017 No 125(1) If for pesticide use

K018 No 125(2)

K019 No 125(2)

K020 No 125(2)/125(4)

K021 No 125(2)

K022 No X

K023 No X

K024 No X

K025 No 125(4)

K026 No X

K027 No 120

K028 No 125(2)

K029 No 125(2)

K030 No 125(2)

K031 No 125 (3)

K032 No 125(1)

K033 No 125(1)

* i.e., is process generating waste carried out in State.

(FBI 9/09/80) ZW54
""V...·4t~'~uV1" VA,: ..... _ ...... ,t""" ..................,_ ..... ,

I'-r:t'~

APPENo:~ HAZARDOUS WASTE FROM SPECIFIC SOURCES

How Included in Present Oregon•Rules (OAR 340-63-xxx) •

EPA HW Generated . By By NO Apparent

ID No. in state Characteristic Category Coverage Comment

K034 No 125 (1)

K035 No 125 (1)

K036 No 125 (1)

K037 No 340-63-125 (1)

K038 No 125 (1)

K039 No 125 (1)

K040 No 125(1)

K041 . No 125 (1)

K042 No 125(1)

K043 No 125(1)

K044 No 340-63-120

K045 No 120

K046 No 125 (3)

K047 No 120

K048 No X ,May fall under -125(3) for heavy metal

K049 No X May fall under -125(3) for heavy metal

KOSO No X .May fall under -125(3) for heavy metal

K05l Yes X May fall under -125(3) for heavy metal

K052 Yes 125(3)

K053 Yes X

K054 Yes X

K055 Yes X

K056 Yes X .'May fall under -125(3) for heavy metal

K057 No X May fall under -125(3) for heavy metal

K058 Yes 120 May fall under -125(3) for heavy metal

K059 No 120 May fall under -125(3) for heavy metal

K060 No X May fall under 125(3) for CN

K06l Yes 125(3)

K062 No 115

K063 No X . May fall under 125 (3) for heavy metals

K064 No 125(3)

K065 No 125(3)

K066 No 125(3)

(FB: 9/09/80) ZW54
How Included in Present Oregon Rules (OAR 340-63-xxx)

COMPARISON OF RCRA WITH OREGON RULES

/." APPEND. HAZARDOUS WASTE FROM SPECIFIC SOURCES • rGL~C: :J.~""

•

EPA HW Generated

10 No. in State

K067 No

K06S No

K069 Yes

KOn No

K073 Yes

K074 No

K07S Yes

K079 Yes

KOSI Yes

KOS2 Yes

KOS3 No

KOS4 No

KOS5 No

KOS6 Yes

KOS7 Yes

KOSS , Yes

K090 No . K09l No

K092 No

(FBt 9/09/90) 7,W54

By

Characteristic

-110

By No Apparent

, Category Coverage

125(3)

125(3)

125(3)

340-63-125(3)

-125 (2)

-125 (3)

-125(3)

-125(3)

-125 (3)

-125 (3)

x

-125(3)

-125 (2)

-125(3)

x

X

-125 (3)

-125 (3)

-125 (3)

Comment

May fall under -125(3) for CN
I,,;VMJ:>AIU::iVN Vi" KI,,;!{J\ V'I.1.'l'tl UK.tk>UN KULl:<o:> ...... oJ ....

r.":; .. -- APPENDi'~ CHEMICAL PRODUCTS - AXUTE HAZARD (H)

How Included in Present Oregon

•

Rules (OAR 340-63-xxx) •

EPA HW Generated By By No Apparent

ID No. in State* Characteristic Category Coverage Comment

POOl Yes 340-63-125 (1)

P002 No X

POO3 Yes 340-63-110

POO4 Yes 125 (1)

P005 Yes 110

P006 Yes 120 125 (1)

P007 Yes X

P008 Yes 125 (1)

P009 No 120

POlO Yes 125(1)/125(3)

POll Yes 125(1)/125(3)

P012 Yes 125(1)/125(3)

P013 No 125(3)

P014 No 110

POlS No X

P016 No 125(4)

P017 No 110

P018 Yes 125 (1) If for pesticide use

P019 No 120

P020 Yes 125 (1)

P021 No 125(3)

P022 Yes 110

P023 No X

P024 No X

P025 No X

P026 Yes 125(1)

P027 No X

P028 No 125(2)

P029 Yes 125(3)

P030 Yes 125(3)

P031 No 110 125(3)

pon No 125(3)

P033 No 125(3)

* i.e., is chemical manufactured or used in State.

(FB: 9/09/80) ZW54
COMPARISON OF RCRA WITH URaiUN RUL!!:~

A':;;'

APPEND/e CHEMICAL PRODUCTS - AXUTE HAZARD (H) e

How Included in Present Oregon Rules (OAR 340-63-xxx)

........ ~..... .I ...... ,J

e

EPA HW

ID No.

P034

P035

P036

P037

P038

P039

P040

P041

P042

P043

P044

P045

P046

P047

P048

P049

P050

PO 51

PO~2

P053

P054

P055

P056

P057

pO58

PO59

P060

P061

P062

P063

P064

P065

P066

P067

P068

P069

Generated

in State*

Yes

Yes

No

Yes

No

Yes

Yes

Yes

No

Yes

Yes

No

No

Yes

Yes

No

Yes

Yes

No

No

No

Yes

Yes

Yes

Yes

Yes

?

No

Yes

No

No

Yes

Yes

No

No

No

By

Characteristic

340-63-110

110

110

110

115

120

120

By No Apparent

Category Coverage

340-63-125(1)

125(1)

125(3)

125(1)

125 (3)

125 (1)

125 (1)

125 (1) .

x

125(1)

125 (1)

x

X

125(1)

125(1)

X

125(1)

125 (1)

125(4)

125(3)

125(1)

125 (1)

125 (1)

125 (1)

125 (2)

125(1)

125(3)

X

125 (1)

X

X

Comment

If for pesticide use

(FB: 9/09/80) ZW54
CU~ARl~UN U~' KCrtA W~~tl Urt~UN rtU~~~

F

APPEND~. CHEMICAL PRODUCTS - ACUTE HAZARD (H)

How Included in Present Oregon•Rules (OAR 340-63-xxx) •

EPA HW Generated By By No Apparent

In No. in State Characteristic Category Coverage Comment

P070 No X

pon Yes 125 (1)

pon Yes 125 (1)

pon No 340-63-110

P074 Yes 340-63-125(3)

P075 Yes 125(1)

P076 No X

pon No X

P078 No 120

P079 No 120

P080 No 120

P081 Yes 120

P082 No 125(4)

P083 No X

P084 No X

P085 Yes 125(1)

P086 No X

P087 No X

P088 Yes 125(1)

P089 Yes 125 (1)

P090 Yes 125 (1)

P091 Yes 125 (1)

P092 Yes 125 (1)

P093 Yes 125 (1)

P094 Yes 125 (1)

P095 No X

P096 No 110

P097 Yes 125(1)

P098 Yes 125(3)

P099 Yes 125 (3)

PlOO Yes 110

Pl01 No 110

P102 No 110

(FB: 9/09/80) ZW54
How Included in Present Oregon Rules (OAR 340-63-xxx)

COMPARISON OF RCRA WITH OREGON RULES

APPEND~ CHEMICAL PRODUCTS - ACUTE HAZARD (H) • ~Q';:jt:: ;;) .... ,

•

EPA HW Generated By By No Apparent

~~_N~. in State Characteristic Category Coverage

Pl03 No X

Pl04 Yes 125(3)

PlOS Yes 125(1)

Pl06 Yes 125 (3)

P107 No 120

P108 Yes 125(1)

pI09 Yes 340-63-125 (1)

PlIO Yes 340-63-110

PHI Yes 125(1)

P1I2 No 120

P1I3 Yes 125 (1)

P1I4 Yes 125 (1)

PUS Yes 125(1)

PU6 No X

PH7 Yes 125 (1)

pU8 No X

0 PU9 No X

:j p120 ? X

P121 Yes 125(3)

P122 Yes 120 125(1)

(FB: 9/09/80) ZW54

Comment

If for pesticide use

If for pesticide use

If for pesticide use
COMPARISON OF HCKA Wl~H UH~UN HUL~~ L~Y~\,; J .... v

APPEND1_ CHEMICAL PRODUCTS - TOXIC (T)

How Included in Present Oregon•Rules (OAR 340-63-xxx) •

EPA HW Generated By By No Apparent

ID No. in state Characteristic Category Coverage Comment

U001 Yes 340-63-110

U002 Yes 110

U003 No 110

U004 No X

U005 No 340-63-125(4)

U006 No 110/115 125 (2)

U007 No X

U008 No 110/115

U009 No 110

U010 No X

U011 Yes 125(1)

U012 Yes X

U013 Yes X

U014 No X

U015 No X

U016 No X

U017 No 115 125(2)

i U018 No X

U019 Yes 110 125(4)

U020 No 115/120

U021 No 125(4)

U022 No X

U023 No 115/120 125(2)

U024 No 110

U025 No 110

U026 No X

U027 No X

U028 No X

U029 No 125(2)

U030 No X

U031 Yes 110

U032 Yes ,125(3)

U033 No 115/120

U034 Yes X

U035 Yes X

U036 Yes 125(1)

(FB: 9/09/80) ZW54
COMPARISON OF ~CRA WITH U~~UN ~UL~S .. -;JAPPEND~. CHEMICAL PRODUCTS - TOXIC (T)

How Included in Present Oregon

•

Rules (OAR 340-63-xxx)

•

EPA HW Generated By By No Apparent

ID No. in state Characteristic Category Coverage Comment

U037 Yes 340-63-125(2)

U038 Ye~ 125 (1)

U039 Yes 125(2)

U040 No 125(2)

U041 No 340-63-110

U042 No 110

U043 No 110 125(2)

U044 Yes 110 125 (2)

U045 No 110 125 (2)

U046 No 110

U047 No 125 (2)

U048 Yes 125(2)

U049 No X

U050 No X

U051 Yes 125(1)

U052 Yes 125 (1) If for pesticide use

U053 No 110

) U054 No X

U055 No 110

U056 Yes 110

U057 Yes 110

U058 No X

. U059 No X

U060 Yes 125 (1)

U061 Yes 125 (1)

U062 Yes 125 (1)

U063 No X

U064 No X

U065 No 125(2)

U066 No 125(2)

U067 No 125 (2)

U068 No 125 (2)

U069 No X

U070 No 125(2)

U071 Yes 125 (2)

U072 No 125 (2)

(FB: 9/09/80) ZW54
COMPARISON OF RCRA WITH OREGON RULES .t"Q';t~ ~."U

APPEND~ CHNoEMICAL PRODUCTS - TOXIC (T)

-.

How Included in Present Oregon

•

Rules (OAR 340-63-xxx)

• . EPA HW Generated By By No Apparent

ID No. in State Characteristic Category Coverage Comment

U073 No 340-63-125(4)

U074 No 125(2)

U075 Yes 125 (2)

U076 No 340-63-110 125(2)

U077 No 110 125 (2)

U078 No 110 125(2)

U079 No 110 125 (2)

U080 No 110 125(2)

U081 Yes 125(2)

U082 No 125(2)

U083 No 110 125(2)

U084 No 110 125 (2)

U085 No 110

U086 No 110

U087 Yes 125 (1)

:) U088 No X

U089 Yes X

l U090 No X

U091 No X

U092 No 110

U093 No 125(4)

U094 No X

U095 No X

U096 No 120

U097 No X

U098 No 110

U099 No 110

U100 NO 125(4)

UI0l Yes 125(2)

U102 Yes 125 (1) If for pesticide use

U103 Yes X

U104 Yes 125 (1) If for pesticide use

U105 Yes X

U106 YQe X

UI07 Yes 125 (1) If for pesticide use

U108 Yes 110

(FBI 9/09/80) ZW54
COMPARISON OF RCRA WITH OREGON RULES rQ~t;: :J."'.£.

APPEND1(.CHEMICAL PRODUCTS - TOXIC (T)

.......

How Included in Present Oregon

•

Rules (OAR 340-63-xxx)

•

EPA HW Generated By By No Apparent

10 No. in State Characteristic Category Coverage Comment

U109 No X

U110 No 340-63-110

U111 No X

U112 Yes 110

U113 Yes 110

U114 Yes 340-63-125(1)

U115 No 110

U116 No X

U117 Yes 110

U118 Yes 110

U119 Yes X

U120 Yes X

U121 Yes 125(2)

U122 Yes X 37% liquid

U123 Yes 115

U124 Yes 110

U125 Yes 110

U126 No X

U127 Yes 125(1)/125(2)

U128 No 125(2)

U129 No 125(2)

U130 No 125(2)

U131 Yes 125(1)/125(2)

Ul32 Yes 125(1)

U133 Yes 110/120

U134 Yes 115

U135 Yes 110

U136 No 125(3)

U137 No X

U138 No 125(2)

U139 Yes X

U140 Yes 110

(FB: 9/09/80) ZW54
COMPARISON OF R~rtA W!~rt Urt~UN rtUL~p

APPEND~ CHEMICAL PRODUCTS - TOXIC (T)

How Included in Present Oregon•Rules (OAR 340-63-xxx) •

EPA HW Generated By By NO Apparent

ID No. in state Characteristic Category Coverage Comment

U141 No X

U142 Yes 340-63-125 (1)

U143 Yes X

U144 Yes 125(3)

U145 No 125 (3)

U146 Yes 125(3)

U147 No X

U148 Yes 125 (1)

U149 No X

U150 No X

U151 Yes 125(3)

U152 No X May be ignitable under 110

U153 No 340-63-110

U154 Yes 110

U155 Yes X

U156 No X

;) U157 No X

\

I U158 No X

U159 Yes 110

U160 No 110/120

U161 Yes 110

U162 No 110/120

U163 No X

U164 No X

U165 Yes X

U166 No X

U167 No 125(4)

U168 No 125(4)

U169 Yes 110

U170 Yes X

U171 No 110

Ul72 No X

U173 No X

U174 No X

U175 No X

U176 No X

(FB: 9/09/80) ZW54
~UMPAHI~UN Vt' ~~K& W~~rt Urt~UN rtUL~~ - ~'..J -

APPEND~CHEMICAL PRODUCTS - TOXIC (T)

-

How Included in Present Oregon•Rules (OAR 340-63-xxx) •

EPA HW Generated By By No Apparent

ID No. in State Characteristic Category Coverage Comment

Ul77 No X

U178 No X

U179 No X

U180 No X

U181 No X

U182 Yes 340-63-110

U183 No 340-63-125(2)

U184 No 125 (2)

U185 Yes 125 (1)

U186 No 110

U187 Yes X

U188 Yes X

U189 No 115

U190 Yes X

U191 No 110

Ul92 No X

U193 No X

U194 No 110

U196 No 110

U197 No X

U200 Yes X

U201 Yes X

U202 Yes X

U203 No X

U204 No X

U205 No 120

U206 No X

U207 No 125 (2)

U208 Yes 125(2)

U209 Yes 125(2)

U210 Yes 125 (2)

U211 No 125(2)

U212 No 125(2)

U213 No 110

U214 No X

U215 No X

(FB: 9/09/80) ZW54
,-VI.'J..t""l"'\.L\..J..:JV1'4 VJ,: .,,""'.... ....... .,LoU. v .... ,,~.....,v ....... "v.u~'-"

APPEND:. CHEMICAL PRODUCTS - TOXIC (T)

How Included in Present Oregon Rules (OAR 340-63-xxx)

EPA HW Generated By By No Apparent

ID No. in State Characteristic Category Coverage Comment

U216 No X

U217 No X

U2l8 No X

U219 No X

U220 Yes 340-63-110

U221 No X

U222 No X

U223 Yes X

U224 Yes 340-63-125 (1)

U225 No 125 (2)

U226 Yes 125(2)

U227 Yes 125(2)

U228 Yes 125 (2)

U229 Yes 125(2)

U230 No 125(2)

U231 Yes 125 (2)

U232 Yes 125 (1)

U233 Yes 125(1)

.) U234 No 120

U235 No X

U236 No X

U237 No X

U238 Yes X

U239 Yes 110

t

(FB: 9/09/80) ZW54
e-::. ,:.1 --...... ---......

C~ OF ReM WI'lH OREGON RULI:S •

R:AAWON 3002, STANDMDS APPI..lCABf..E 'IO GENERA'lORS OF' HAZARD'JUS WAST'

FEDERAL RULES (40 ern PART 262) QRJ:J:>OliJU~(OAR)

Page 9.25

CC>t<EN, ON 0RHl0N RJUS. ,

......

-;-C)

Subpart A - General

262.10 Purpose, scope, and applicability.

(a) These regulations establish standards for generators of hazardous waste.

(b) A generator who treats, stores, or disposes of

hazardous waste on-site must only comply with the following

sections of this Part with respect to that waste: 262.11

for determining whether or not he has a hazardous waste;

262.12 for obtaining an EPA identification ntm1ber;

262.40(c) and (d) for Reoordkeeping; 262.43 for additional

reporting; .and, if applicable, 262.51 for Farmers.

(e) Any person who imports hazardous waste into the

United States must comply with the standards applicable

to generators established in this Part.

(d) A farmer who generates waste pesticides which are

hazardous waste and who complies with all of the requirements of 262.51 is not required to comply with other standards in

this Part or 40 CFR Parts 122, 264, or 265 with respect to

such pesticides.

(e) A person who generates a hazardous waste as defined

by 40 CFR Part 2~1 is subject to the compliance requirements

and penalties prescribed in Section 3000 of the Act if he

does not comply with the requirements of this Part.

NOTE--A generator who treats, stores, or disposes of

hazardous waste on-slte must comply with the applicable

standards and permit requirements set forth in 40 crn Parts

264, 265, and 266 and Part 122.

(m: 9/09/00) Z05

340-63-200. Rules 340-63-200 through

340-63-240, applicable to generators

of hazardous waste, are adopted pursuant

to ORS 459.445.

·340-63-205(l} These (generator) rules

apply to any persons that generate hazardous waste with the following exceptions:

(a) Persons who generate less than 2000

lbs. of hazardous waste per year need not

comply with rules 340-63-210 and 340-63-235,

(b) Persons who ship less than 2000

Ibs. of hazardous waste per load need not

comply with rules 340-63-230, 340-63-235, and

340-63-240;

(c) Persons who generate only empty containers, small quantities managed under rule

340-63-135, or whose waste is subject to a

state or local waste discharge permit are

exempt from the rules 340-63-200 through

340-63-240;

unless the Department, for reasons of public

health and safety, requires compliance in

individual cases.

(2) Generators who dispose of hazardous·

waste on their own plant site shall also

comply with the applicable rules 340-63-400

through 340-63-435.

(3) Compliance with these rules shall

not preclude the generator from compliance

with other applicable local, state, or . federal regUlations.

In general we are more restrictive than EPA but need to amend

rules to pick up those wastes

down to 2.2 lb/tro per 40 CFR

Part 261.

Need to address international

shipnents

Existing State rules nore

restrictive.

Need penalties of $25,000/day

specified in section 3008.
ca.,NOF OCRA WI'TfI ORBX>N RULES

OC ' ON 3002, STANDARDS APPLICABLE 'IO GENERA'IORS OF HAZAROOUSWAS.

FEDEilAL RIlLES (40 CFR PART 262) OREJ3ON RILES (OAR)

Page 9.26

<X>tlENI'oo""",",ruw;- •

o;-C

)-l

--J

262.11 Hazardous waste determination

A person who generates a solid waste, as defined in 40

CFR 261.2, must determine if that waste is a hazardous waste

using the following method:

(a) He should first determine if the waste is excluded

from regulation under 40 CFR 261.4 and 261.5.

(b) He must then determine if the waste is listed as a

hazardous waste in Subpart D of 40 CFR Part 261.

(c) If the waste is not listed as a hazardous waste in

Subpart D of 40 CFR Part 261, he must determine whether the

waste is identified in Subpart C of 40 CFR Part 261 by either:

(1) Testing the waste according to the methods set forth

in Suhpart t of 40 CFR Part 261, or according to an

equivalent method approved by the administrator under 40 CPR 260.21~ Or

(2) Applying knowledge of the hazard characteristic of

the waste in light of the material or the processes used.

262.12 EPA identification numbers.

(a) A generator must not treat, store, dispose of,

transport, or offer for transportation, hazardous waste

without having received an EPA identification number from the

Administrator.

(h) A generator who has not received an EPA

identification number may obtain one by applying to the

Administrator using EPA form 8700-12. Upon receiving the

request the Administrator will assign an EPA identification

number to the generator.

(c) A generator must not offer his hazardous waste to

transporters or to treatment, storage, or disposal facilities

that have not received, an EPA identification number.

(FB: 9/09/80) ZB5

340-63-105(2) Any person having possession of

a hazardous waste shall comply with the rules

of this division.

340-63-210 Any person generating hazardous

waste shall identify himself and his activity

to the Department and obtain an

identification number from the Department.

This number shall be used on the manifest,

the quarterly waste generator's report, and

any other correspondence to the Department.

340-63-215(5) A generator shall take all

necessary measures to assure that hazardous

waste shipped off his plant site is

transported by a person in compliance with

OAR 860-36-060 to 860-36-066 and taken tO,a

hazardous management facility operating in

compliance with rules 340-63-400 through

340-63-435.

Rule can be elaborated if

necessary.
C(}-.~ OF OCAA WI'll1 OREGON RULES .....

OC ON 3002, STANDARDS APPLIC1\B~ 'IO GENERA'mRS or' HAZARroJ~ WASTE. . FEDrnAT, roLFS (40Cm PART 262) O~NFUI@(OARl

Page 9.27 '-"

c:xM-IDll' ON ORIDON roLES. ..

:-0

to-)

Subpart a--The Manifest

262.20 General requirements.

(a) Agenerator who transports, or offers for transportation, hazardous waste for off-site treatment, storage,

or disposal must prepare a munifest before transporting the

waste off-site.

(b) A generator must designate on the manifest one

facility which is permitted to handle the waste described on

the manifest.

(c) Agenerator may also designate on the manifest one

alternate facility which is permitted to handle his waste in

the event an emergency prevents delivery of the waste to the

primary designated facility.

(d) If the transporter is unable to deliver the

hazardous waste to the designated facility or the

alternate facility, the generator must either designate another facility or instruct the transporter to

return the waste.

262.21 Required information.

(a) The manifest must contain all of the following

information:

(1) Amanifest document number ]

(2) The generator's name, mailing address, telephone

number, and EPA identification number;

(3) The name and EPA identification number of each

transporter,

(4) The name, address, and EPA identification number of

the designated facility and an alternate facility, if any;

(5) The description of the waste(s) (e.g., proper

shipping name, etc.) required by regulations of the U.S.

Department of Transportation in 49 CFR 172.101, 172.202, and

172.203; .

(6) The total quantity of each hazardous waste by units

of weight or volume, and the type and number of containers as

loaded into or onto the transport vehicle.

(PH: 9/09/80) ZB5

340-63-230(1) A generator shall not ship

hazardous waste off his plant site without

also providing a properly completed manifest.

340-63-215(7) A generator shall not ship hazardous waste off his plant site without

having received prior assurance of acceptance from the designated hazardous waste treatment

or disposal facility. In the event that a

waste shipment is subsequently rejected by the facility operator, the generator shall

accept return of the waste or make provision

for its acceptance by another hazardous waste

treatment or disposal facility•. If the

wastes of two or more generators have been

ccmningled, each generator shall accept responsibility for a portion of the waste equal

to his contribution to its total volume.

340-63-215(6) A generator may designate his

waste for temporary storage at a hazardous

waste collection site operated in compliance

with OAR 340-63-400 to 340-63-435 but such

site must not be' designated as the final

recipient of 'the waste. Agenerator

permitting waste to be stored at such site

shall be jointly responsible with the

COllection site operator for assuring that

the waste reaches a hazardous waste treatment

or disposal facility within the time

specified in section 340-63-420(4).

340-63-230(3) The manifest shall include '~he

following information presented in a manner

that is readily legible: (a) Manifest nllll'ber; . (b) Generator's name, address of wast~

generation, emergency phone number, and

identification number;

(c) Transporter's name, address, phone

number, and identification number,

(d) Designated treatment or disposal :

facility name, address, phone number, and

identification number;

(e) COllection site name, address, phone

nlmter and identification number, if

temporary storage is desired;

(f) Fbr each waste indicate:
..

Need to aod certification

Need to address rail ana

water shipnent

Page ~.<!U

. CXM<mr 011 """""J

340-63-230(4) Both the generator and the

transporter shall sign and date the manifest

at the time of waste transfer. 'l1'Ie generator shall.retain one copy of the manifest and

give the remaining copies to the waste .

transporter.

340-63-230(2) A generator shall prepare sufficient copies of the manifest so that all

persons who handle the waste will be able to

comply with these rules.

tm'E: 'l1'Iere will be at' least four

copies: generator, transporter, management facility, and the copy returned to the

generator by the management facility. Additional management facility and

transporter copies will be needed if the

waste is to be stored at a hazardous waste

collection site.

roAnN OF ReM WI'n1 ORffiON RULFS

1~'rION 3002, Sl'llND1lROO APPLICABLE 'TO GENERA'TORS OF HAZAROOU,S

FEnER!IL RULES (40 crn PART 262) . OIlEroN RULES (OAR)

(A) DeserIption by proper shipping name

or general chemical composition;

(B) QuantitYI

(C) Number and types of containers;

(0) Physical state (solid, liquid, or

sludge) ;

(E) Appropriate classifications as

marked or labeled on the container.

(g) Special handling or emergency instructions (if any). (b) The following certification must appear on the

manifest: "This is to certify that the above named

materials are properly classified, described, packaged, marked and labeled and are in proper condition for

transportation according to the applicable regUlations of

the Department of Transportation and EPA."

262.22 Number of copies.

The manifest consists of at least the number

of copies which will provide the generator, each

transporter, and the owner or operator of the

Qesignated facility with one copy each for their

records and another copy to be returned to the

generator.

262.23 Use of the manifest.

(a) The generator must:

(1) Sign the manifest certification by hand; and (2) Obtain the handwritten signature of the initial

transporter and date of acceptance on the manifest; and

(3) Retain one copy, in accordance with 262.40(a).

(b) The generator must give the transporter the

remaining copies of the manifest.

(c) For shipment of hazardous waste within the United

States solely by railroad or solely by water (bulk shipments only), the generator must send three

copies of the manifest dated and signed in accordance with this section to the owner or

operator of the designated facility. Copies of the manifest are not required for each

transporter.

::6

(FE: 9/09/80) ZB5
.... _ roN OF RenA WI'nI OREGON RULES .

ION 3002, STlINDARDS APPLICABLE 'IO GENERA'IORS OF HAzARrouSWAS.

FEDrnAL RULES (40 CFR PART 262) O~R1LES~

Page 9.29

m-rOOORnNJ ,

.......

Subpart C--Pre-Transport Requirements

262.30 Packaging.

Before transporting hazardous waste or offering hazardous

waste for transportation off-site, a generator must package

the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR Parts

173, 176, and 179.

262.31 Labeling.

Before transporting or offering hazardous waste

for transportation off-site, a generator must label

each package in accordance with the applicable

Department of Transportation regulations on hazardous

mater ia1s under 49 CPR 1.72.

262.32 Marking.

(a) Before transporting or offering hazardous waste for

transportation off-site, a generator must mark each package of hazardous waste in accordance with the applicable

Department of Transportation regulations on hazardous

materials under 49 CPR 1721

(b) Before transporting hazardous waste or offering

hazardous waste for transportation off-site, a generator must

mark each container of 110 gallons or less used in such

transportation with the following words and information

displayed in accordance with the requirements of 49 CPR

172.304:

(f'B: 9/09/60) ZB5

340-63-220 A generator shipping hazardous

waste shall containerize such waste as

follows:

(1) Hazardous waste identified by the

Department of Transportation as a hazardous

material with special packaging requirements

shall be packaged to comply with 49 CPR 173,

178, or 179.

(2) Other hazardous waste shall be

packaged to comply with 49 CPR 173.24

(excluding (c) (1)) and other applicable.

state and federal regulations.

340-63-225(2) Containers of hazardous waste

identified by 49 CPR 172.101 as a hazardous

material shall be marked and labeled in

compliance with 49 CPR 172.300-172.450.

340-63-225(3) Containers of hazardous waste

not identified by 49 CPR 172.101 or classified therein as ORol(other regulated

material) shall be marked or labeled

Ignitable, Reactive, or Toxic, as appropriate.

340-63-225(2) Containers of hazardous waste

identified by 49 CPR 172.101 as a hazardous

material shall be marked and labeled in

compliance with 49 CPR 172.300-172-450•.

340-63-225(3) Containers of hazardous waste

not identified by 49 CPR 172.101 or .

classified therein as aRM (other regulated

material) shall be marked or labeled

Ignitable, Reactive, or Toxic, as appropriate.

340-63-225(1) Containers of hazardous waste

(exclUding bulk cargo tanks) shall be marked

or labeled with the generator's name or. identification number, and the waste name or manifest· number.

\

'.

DOT has recently classified all

hazardous waste making 340-63- 220(2) redundant (PR May 22,

1980).

See comment under 262.30

See comment under 262.30.

Need to require the generators name and address; the manifest

number, and the hazardous waste

statement.
CW~N OF ReM WI'IH OREGON roLES " "'~, page !:l.JU

_ON 3002, srANllAROO APPLICJ\IlLE ro GENERA'lORS OF IIAZARlXJ(JSWlIS'.

FEDERAL roLES (40 ern Pl\RT 26~L_ _ ..'. ~OREGON roLES (OAR)

"Hazardous Waste--Federal Law Prohibits Improper

Disposal. If found, contact the nearest police or public

safety authority or the U.S. Environmental Protection Agency. Generator's Name and

Address Manifest ooc·-ume-n...,t;------------'

NlD'llber "

~.,~,,",

a:mmrWQREl;QlI<JWl- ..

-e

i.Jl

262.33 placarding. Before transporting hazardous waste or offering hazardous

waste for transportation off-site, a generator must

placard or offer the initial transporter the

appropriate placards according to Department of Transportation regulations for hazardous materials

under 49 CFR Part 172, Subpart F.

262.34 Accumulation time.

(a) A generator may accumulate hazardous waste on-site

without a permit for 90 days or less, provided that:

(1) All such waste is shipped off-site in 90 days or

less;

(2) The waste is placed in containers which meet the

standards of 262.30 and are managed in accordance

with 40 ern 265.174 and 265.176 or in tanks, provided

the generator complies with the requirements of

Subpart J of 40 CFR Part 265 except 265.193;

(Fa: 9/09/80) ZB5

860-36-062(3) Any vehicle transporting

hazardous waste identified by 49 CFR 172.101

as a hazardous material shall be placarded in

accordance with 49 CFR 172.500 through

172.558.

340-63-215(8) A generator shall not store

hazardous waste for longer than 6 months

without specific approval from the

Department. Such approval will be based upon

a determination that a practicable means of

transportation, treatment, or disposal is not

available, or that there is a good potential

for reuse or recycle within a reasonable time

frame.

340-63-215(9) COntainers and tanks used to

store hazardous waste must be adequately

constructed to fUlly contain the waste. Such

storage must be in a secure enclosure, to

prevent unauthorized persons fram gaining

access to the waste, and adequa~ely contained

to minimize the possibility of spills or

except to the environment.

340-63-215(10) Hazardous waste that is

volatile or may be expected to release

hazardous gases, mists, or vapors shall be

handled, stored, or treated in leakproof,

tightly covered oontainers so that there is

no waste release in excess of the Threshold

Limit Values imposed by occupational health

regulations (OAR Chapter 333, section ' 22-0l7(A», air quality rules (OAR Chapter 340), and other applicable local, state, or

federal regulations.

Need to decrease our

unlicensed storage time to

90 days.

May need to be more specific.
4-.

C, --c:nN OF ReM WI'IJI ORB3ON RUI..rn :-,

.,ON3002, sr_ lIPPLICl\IlLE ro G"''''''rollS OF IIAZARlXXJS -.

FEDEJW~ RULES (40 crn PART262).. ... __ O.BmJNFU~.J~

Page 9.31

<X>OImr ON 0RIDlN "'.

•

:-C

R:

(3) The date upon which each per Iod of accumulation

hegins is clearly marked and 'visible for inspection on each

container,

(4) Each container is properly labeled and marked

according to 262.31 and 262.32: and

(5) The generator complies with the requirements for

owners or operators in Subparts C and D in 40 ern Part 265

and with 265.16.

(b) A generator who accumulates hazardous waste for more

than 90 days is an operator of a storage facility and is

subject to the requirements of 40 crn Part 264 and 265 and

the peonit requirements of 40 ern Part P22.

Subpart D--Recordkeeping and Reporting

262.40 Recordkeeping.

(a) A generator must keep a copy of each manifest signed

in accordance with 262.23(a) for three years or until he

receives a signed copy from the designated facility which

received the waste. This signed copy must be retained as a

record for at least three years from the date the waste was

accepted by the initial transporter. 1b) A generator must keep a copy of each Annual Report

and Exception Report for a period of at least three years from the due date of the report (March 1).

(c) A generator must keep records of any test results,

waste analyses, or other determinations made in accordance

with 262.11 for at least three years from the date that the

waste was last sent to on-site or off-site .treatment,

storage, or disposal: (d) ~le periods of retention referred to in this section

are extended automatically during the course of any unre~lved enforcement action regarding the regulated

activity or as requested by the Administrator.

262.41 Annual reporting.

(a) A generator who ships his hazardous waste off-site

must sul::mit Annual Reports:

(1) On EPA foon 8700-13 and 8700-13A according to the on the form (See the Appendix to this Part):

(2) TO the Regional Administrator for the Region in

which the generator is located,

(3) No later than March 1 for the preceeding calendar year.

(FB: 9/09/00) ~D5

ORS 459.445(2) The generator of a hazardOus

waste shall be allowed to store a hazardous

waste produced by that generator on the

premises of that generator without obtaining a hazardous waste collection site license.

This shall not relieve any generator from

complying with any other rule or standard

regarding storage of hazardous wastes.

340-63-240 Every generator shall retain.for

three years:

(1) The generator's manifest copy as

well as the copy returned by the hazardous

waste treatment or disposal facility.

(2) A copy of the quarterly hazardous

waste shipment report submitted to the

Department. .

340-63-235 (1) Every generator shall sul::mit a

quarterly report of manifested hazardous

waste shipments to the Department by th~ 20th

of January, April, JUly, and october. If

there are no manifested hazardous waste'

shipments in a quarter, no report is required for that quarter. .

Needed.

Needed.

Need statutory authority to

license generator storage

facilities.

Needed.

Needed.
CGlP.' ·........N OF I1C1lA WI'IU OREGON RULES ,.._,

OCM N 3002, STANDARDS APPLICABLE 'IO GENERA'IORS OF HAZAROOUS WAS'I'E •

FEDEML RULES (40 crn PART 2(2) OBEIDNIUI.E!L(OhRl

OJ

(b) Any generator who treats, stores, or disposes of

hazardous waste on-site must submit an Annual Report covering those wastes in accordance with the provisions of 40 CPR

Parts 264, 265, and 266 and 40 CFR Part 122.

(FB: 9/0Q/80) 7.R~

(2) The report shall include the

following information taken from the

manifest:

(a) Quarter covered by the report, (b) Generator's name, address of waste

generation, phone number, and identification

'm.lll"ber : (c) For all waste shipments in the

'quarter indicate:.

(A) Date of shipment:

(B) Manifest number,

(e) Waste description, quantity, nUllber

and types of containers, physical state, and

classificatioru

(D) Name and identification number of

each transporter,

(E) Name and identification number of

each hazardous waste management facility that

received the waste. If the waste had been

sent to a collection site or the manifest.

indicating waste receipt has not yet been

returned by the treatment or disposal facility, report the shipment at this time

and again in the quarter when final disposal confirmation has been received.

(F) Date treatment or disposal facility

received the waste,

(G) Any discrepancy between the

generator's manifest and the copy returned by

the hazardous waste treatment or disposal

facility; (d) A summary, to the best of the

generator's knowledge, of all accidents or

other occurrences during handling of the

waste from the time of generation to its time

of acceptance by a hazardous waste treatment

or disposal facility.

OAR 340-63-205(2) 'Generators who dispose of

hazardous waste on their own plant site shall

also comply with the applicable rules

340-63-400 through 340-63-435.

t'ill;jl:: • •u.

CCMotEN1' ON OIU:l:lON RULES.

Report needs slight modification including DOT

hazard class and EPA hazardous

waste number.

Need statutory authority to

license generators who store

or treat their own waste.

•
Page 9.33

IIC(~DN OF ReRA WIlli OREriON RULES

RC~ON 3002, srANDARDS APPLICABLE 'IO GENERA'IORS OF IIAZARJ:OJS

FEDERAL R!.JLES (40 c:FR PART 262) ORRiON RULES (OAR) <nY-IENT ON ORJ:n)N RULES

.- •

\)l

-l:-

262.42 Exception reporting •.

(a) A generator who does not receive a copy of the

manifest with the handwritten signature of the owner or

operator of the designated facility within 35 days of the

date the waste was accepted by the initial transporter must

contact the transporter and/or the owner or operator of the

designated facility to determine the status of the hazardous

waste.

(b) Agenerator must submit an Exception Report to the

EPA Regional Administrator for the Region in which the

generator is located if he has not received a copy of the

manifest with the handwritten signature of the owner or

operator of the designated facility within 45 days of the

date the waste was accepted by the initial transporter. The Exception Report must include:

(1) A legible copy of the manifest for which the

generator does not have confirmation of delivery;

(2) A cover letter signed by the generator or his

authorized representative explaining the efforts taken to ,

locate the hazardous waste and the results of those efforts.

262.43 Additional reporting.

The Administrator, as he deems necessary under section

2002(a) and section 3002(6) of the Act may require generators

to furnish additional reports concerning the quantities and

disposition of wastes identified or listed in 40 CPR Part

261.

Subpart E--Special Conditions

262.50 International shipments. (a) Any person who exports hazardous waste to a foreign

country or imports hazardous waste from a foreign country into the United States must comply with the requirements of

this Part and with the special requirements of this section.

(b) When shipping hazardous waste outside the United

States the generator must:

(1) NOtify the Administrator in writing four weeks

before the initial shipment of hazardous waste to each

country in each calendar year;

(i) The waste must be identified by its EPA

hazardous wDste identification number and its DOT shipping

description;

(FB: 9/09/80) ZB5

340-63-215(4) A generator shall take all'

necessary measures to assure that his

hazardous waste will be managed in accordance

with these rules. If at any time the

generator has reason to believe that the

waste is being improperly managed by the

persons to which the waste has been consigned

(such as failure, of the designated hazardous

waste management facility to return a copy of

the manifest), the generator shall take all

necessary steps, including notifying the

Department, to correct such improper

management.

Need 35 day action deadline.

Need 45 day action deadline.

oor quarterly reporting system

may allCM up to 110 days before

we are made aware of a problem.

Needed.

Need to address

international shipments

The requirement to

notify will not be delegated

to States authorized under

40 CFR Part 123.
\,QI.' OF OCRA WI'!ll ORffiON RULES

OCL ON 3002, SI'ANDl\RDS APPLICABLE 'IO GENEM'l'ORS OF HAZJ\RIX)JS, WASTE.:

FrnEAAr. R1JLE:S(4QCFB PhR'l'l6~L__ OREGON roLES (OAR)

(ii) The name and address of the foreign consignee must be included in this notice; , (iii) These notices must be sent to:

Hazardous Waste Export, Division for Oceans and Regulatory

Affairs [A-107), United States Environmental protection

l}gency, Washington, D.C. 20460. (2) Require that the foreign consignee confirm the

del ivery of the waste in the foreign country. A copy of the manifest signed by the foreign consignee may be used for this

purpose;

(3) Meet the requirements under 262.21 for the manifest,

except that:

(i) In place of the name, address, and EPA identification number' of the designated facility, the name and address

of the foreign consIgnee must be used;

(ii) The generator must identify the point of departure

from the United States through which the waste must travel

before enteringa foreign country.

(c) A generator must file an Exception Report, if:

(1) He has not receiveda copy of the manifest signed by

the transporter stating the date and place of departure from

the United States within 45 days from the date it was

accepted by the initial transporter; or

(2) Within 90 days from the date the waste was accepted

by the initial transporter, the generator has not received

written confirmation from the foreign consignee that the

hazardous waste was received.

(d) When importing hazardous waste,

a person must meet

all requirements of 262.21 for the manifest except that:

(1) In place of the generator's name, address and EPA

identification number, the name and address of the foreign

generator and the importer's name, address, and EPA ~dentification number must be used.

(2) In place of the generator's signature on the

certification statement, the U.S. importer or his agent must

sign and date the certification and obtain the signature of

the initial transporter.

262.51 Farmers.

A farmer disposing of waste pesticides from his own use

which are hazardous wastes is not required to comply with the

standards in this Part or other standards in 40 CPR Parts

122, 264, or 265 for those wastes provided he triple rinses

each emptied pesticide container in accordance with Part 26l.33(c)

and disposes of the pesticide residues on his own farm in a

manner consistent with the disposal instructions on the

pesticide label.

(Fa: 9/09/80) ZD5

Page 9.34

c:x:M\ENr ON OREmN roLES.

Existing State program more

restrictive as it limits pesticide disposal at other than a

hazardous waste management

facility to 10 Ib./mo whereas

federal program permits unlLmited disposal.

Container requirements are

equivalent.

,
cwe OF ReM WrIH ORl:IDN RULES :~". Page 9.35

ocru. ON 3003: STANDARDS APPLICABI.E 'to TRANSIORTERS OF HAZARIXXlS WAS'I'. .

FEDERAl'.. rnJLES (40 crn PART 263) OREGON RUI.ES (OAR) CCM-1ENT ON OREGON RULES

Subpart A--General

i ..

•

-C

263.10 SCOpe.

(a) These regulations establish standards

which apply to persons transporting hazardous

waste within the united States if the transportation requires a manifest under 40 crn Part 262.

(b) These regulations do not apply to on-site

transportation of hazardous waste by generators

or by owners or operators of perlnitted hazardous

waste management facilities.

(c) A transporter of hazardous waste must also

comply with 40 CPR Part 262, Standards Applicable

to Generators of Hazardous Waste, if he:

(ll Transports hazardOus waste into the

United States fram abroad; or

(2) Mixes hazardous wastes of different DOT

shipping descriptions by placing them into a single container.

NOTE: Transporters who store hazardous waste

are required to comply with the storage standards in

40 crn Parts 264 and 265 and the permit requirements

of 40 CFR Part 122.

263.11 EPA Identification Number.

(a) A transporter must not transport hazardous

wastes without having received an EPA identification

number fram the·Administrator.

(b) A transporter who has not received an EPA

identification number may obtain one by applying to

the Administrator using EPA Form 8700-12.

Upon receiving the request, the Administrator will

assign an EPA identification number to the transporter.

Subpart B--compliance with the Manifest System and Recordkeeping

263.20 The Manifest System. (a) A transporter may not accept hazardous

waste fram a generator unless it is acccrnpanied by

a manifest, signed by the generator in accordance

with the provisions of 40 CFR Part 262.

(h) Before transporting the hazardous

waste, the transporter must sign and date the

manifest acknowledging acceptance of the hazardous

waste fram the generator. The transporter must

return a signed copy to the generator before leaving

the generator's property.

(r"B: 9/09/80) 'lM7

[The P.U.C. does not regulate vehicles that:

767.025(1) (h) (e) Do not exceed 8,000 lbs.]

767.025(2) (a) Are publically owned.]

767.030(1) (a) Are owned or leased by a

farmer and used to transport farm materials]

860-36-061(1) Upon application by a transporter,

the Public Utility Commissioner shall issue a

hazardous waste identification number to that

transporter.

860-36-061(2) The hazardous waste identification

number shall be used on the manifest, the

hazardous materials incident report, the transport

vehicle, and all correspondence with the Public

Utility commissioner relating to hazardous waste

transportation.

860-36-064(1) A transPorter shall not accept a

shipment of hazardous waste in excess of 2,000

pounds unless accompanied by a properly completed manifest.

860-36-064(2) The transporter shall sign and date

the manifest at the time he accepts a shipment of

hazardous waste. At least one copy of the

manifest shall be given to the generator.

May need applicability rule.

JIdopted pursuant to ORS

756.040(2) vesting the

Public Utility commissioner with

authority to supervise and regulate every railroad, air carrier

and rotor carrier in. Oregon. Need to rerrove exemption for

public vehicles and those unaer

8,000 lbs.

Need to regulate certain wastes

down to 2.2 pounds per 40 CFR

Part 261.
cr.N OF OCRA wrlfl ORE(;()N RULES '

JL 'ION 3003: srllNDARDS APPLICABLE 'IO TAANSOORTERS OF HAZAROOUSWk.

FI:J)ERAL RULES (40 em PlIRT 263) OREmN RULES (OAR}

. Page 9.36

<X:M1ENT ON OREmN RULES

-....

•

..0

(c) 1he transporter must ensure that the

manifest accompanies the hazardous waste.

(d) A transporter who delivers a hazardous

waste to another transporter or to the designated

facility must:

(1) Obtain the date of delivery and the

handwritten signature of that transporter or of

the owner or operator of the designated facility

on the manifestl and,

(2) Retain one copy of the manifest in

accordance 'with 263.221 and,

(3) Give the remaining copies of the manifest

to the accepting transporter or designated

facility.

(e) The requirements of paragraphs (c) and (d)

of this section do not apply to rail or water

(bulk shipment) transporters if:

. (1) The hazardous waste is delivered by rail or water (bulk shipment) to the designated

facilitYl and,

(2) A shipping paper containing all the

information required on the manifest (excluding

the EPA identification nl~rs, generator

certification, and signatures) accompanies the hazardous wastel and,

(3) The delivering transporter obtains the date

of delivery and handwritten signature of the owner or

operator of the designated facility on either the

manifest or the shipping paperl and,

(4) The person delivering the hazardous waste

to the initial rail or water (bulk shipment) transporter

obtains the date of delivery and signature of the rail

or water (bulk shipment) transporter on the manifest

and forwards it to the designated facilitYl and,

(5) A copy of the shipping paper or manifest is

retained by each rail or water (bUlk shipment) transporter in accordance with 263.22.

(f) Transporters who transport hazardous waste

out of the united states must:

(1) Indicate on the manifest the date the hazardous

waste left the united Statesl and,

(2) Sign the manifest and retain one copy in

accordance with 263.22(c); and,

(3) Return a signed copy of the manifest to the

generator.

(FB: 9/09/80) ZW7

860-36-064(3) At least three copies

of the manifest shall be retained by th~'

transporter and be carried in the truck , or truck-tractor transporting the hazardous

waste.

860-36-064(4) The transporter shall obtain the

date and signature of a representative of the

waste management facility on the manifest at the

time of delivery and shall leave at least two

copies with the representative.

..

Need rules for rail and water

shipment.

Need to address international

shipment.
CCMP_ OF OCM WI'llllOREmN RULES "

=WON 3003, ""'"""""' APPLICABLE 'Ill TMNSroR'rrnS OF IIAZJIruJOOS -e

fEDERAL IDLES (40 CFR PART 263) O~W~(()ARI

Page 9.37

c:cM-iENI' ON OREGON nnzs

-

:-0

263.21 COmpliance with the manifest.

(a) The transporter must deliver the entire quantity

of hazardous waste which he has accepted from a generator

or a transporter to:

(1) The designated facility listed on the manifest: or,

(2) The alternate designated facility, if the

hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery: or,

(3) The next designated transporter; or,

(4) The place outside the United States designated by the generator.

(h) If the hazardous waste cannot be delivered in

accordance with paragraph (a) of this Section, the

transporter ·must contact the generator for further

directions and must revise the manifest according to

the generator's instructions.

263.22 Recordkeeping.

(a) A transporter of hazardous waste must keep a

copy of the manifest signed by the generator, himself, and

the next designated transporter or the owner or operator

of the designated facility for a period of three years from

the date the hazardous waste was accepted by the initial

transporter.

(b) For shipments delivered to the designated

facility by rail or water (bulk shipment), each rail or

water (bulk shipment) transporter must retain a copy

of a shipping paper containing all the information

required in 263.20(e) (2) for a period of three years

from the date the hazardous waste was accepted by the initial transporter.

(c) A transporter who transports hazardous waste

out of the United States must keep a copy of the manifest

indicating that the hazardous waste left the United

States for a period of three years from the date the

hazardous waste was accepted by the initial transporter. (d) The periods of retention referred to in this

Section are extended automatically during the course of any

unresolved enforcement action regarding the regUlated . activity or as requested by the Administrator.

(FB:'9/09/80) ZW7

860-36-064(7) No transporter shall deliver a

shipment of hazardous waste, or any part thereof,

to any location other than that designated on the

manifest by the generator.

860-36-064(5) The transporter shall retain at

least one copy of the manifest for at least

three (3) years from the date of delivery to

the management facility.

May need to require transporter

to obtain contingency delivery

instructions from the generator.

Need rules for rail or water

shipment.

Need to address international

shipment.

Need rule to extend retention

time or to allow DEO to acquire

records.
....

cr.N OF ReM WI'nI OREGON IUJLES

RChi. ION 3003: STAND~ APPLICABLE 'IO TAANSroRTERS OF HAZAROOUS

FEDERAL rnJLES (40 CPR PART 263) OR.EJ:nlrorgs (PAR)

Subpart C--Hazardous Waste Discharges

Page 9.38

<:XM-IENl' ON OREroN RlUS

• ..

263.30 Immediate action.

(a) In the event of a discharge of hazardous

waste during transportation the transporter must

take appropriate immediate action to protect human

health and the environment (e.g., notify local

authorities, dike the discharge area).

DRS 459.685(1) My person having the care, custody or

control of. a hazardous waste except for the fact that

it is not discar.ded, useless or unwanted~ who causes or

permits any dispqsal of such waste or substance in violation

of law or otherwise than as reasonably intended for nonnal

use or handling of such waste or substance, including but not limited to accidental spills thereof, shall be

liable for the damages to person or property, public

or private, caused by such disposition. . (2) It shall be the obligation of such person to

collect, remove or treat such waste or substance

immediately, SUbject to such direction as the department

may give. . (3) If such person fails to collect, remove or treat

such waste or substance when under an obligation to do

so as Provided by subsection (2) of this section, the

department is authroized to take such actions as are

necessary to collect, remove or treat such waste or

substance.

(b) If a discharge of hazardous waste occurs during

transportation, and an official (State or local

government or a Federal Agency) acting within the scope

of his official responsibilities determines that

immediate removal of the waste is necessary to protect human health or the environment, that official may

authorize the removal of the waste by transporters

who do not have EPA identification numbers and

without the preparation of a manifest.

(c) An air, rail, highway, or water transporter who

has discharged hazardous waste must:

(1) Give notice, if required by 49 CPR 171.15, to

the National Response Center (800-424-8802 or

202-426-2675), and

(FB: 9/09/80) ZW7

DRS 459.685(3)

(see text under 260.30(a»)

860-36-066(1) In the event of an incident,

the transporter shall immediately notify all

of the following:

(a) Oregon Accident Response System

(Telephone: 1-800-452-0311).

Need rule for emergency

transportation.
•

."'" . ..... CCf/ OF ReM WI'IlI OREGON RULES

RC ON 3003: STANDARDS APPLICABLE 'IO TRlINSroRTERS OF HAZARlXXJS

FEDERAL mILES (40 CFR PART 263) OREGON rnJUS (OAR)

Page 9.39

CQvMEN1' ON OREGON rnJUS

• ..

-0:t:.

o

(2) Report in writing as required by 49 CFR 171.16

to the Director, Office of Hazardous Materials RegUlations,

Materials Transportation Bureau, Department of Transportation,

Washington, OC 20590.

(cl)' A water (bulk shir;ment) transporter who has

discharged hazardous waste must give the same notice as

roquired by'33 CFR 153.203 for oil and hazardous

substances.

263.31 Discharge clean up.

A transporter must clean up any hazardous waste

discharge that occurs during transportation or take

such action as may be required or approved by

Federal, State, or local officials so that the

hazardous waste discharge no longer presents a

hazard to human health or the environment.

(PO: 9/09/80) ZW7

(b) National Response center

(Telephone: 1-800-424-8802).

(c) Waste Generator (Telephone: see .

manifest or other shipping papera.] (2) 'ltle transpor.ter shall note on the

manifest the time and location of the incident

and the type and.amount of the hazardous waste

which has spilled.

, (3) Within fifteen (15) days after the " incident, the transporter shall file a Hazardous

Materials Incident Report (lXYI' form F5800.0)

with the Public utility OOrnmissioner.

ORS 459.685

(See text under 263.30(a))

Need rules for water shipnent.
L.

(;GlP~OF RCRA WI'IH OREGON RllLES

ReM 3004, INTERIM STA'IUS STANDARDS FOR OONERS AND O~ERA'IORs OF .3 WASTE TRFA'lMENl',

FEDERAL roLES (40CFR part 265) ORm()N ~1ES (eLAR)

Page 9.40

S'roRAGE, AND DISrosAL FACILITIES

CCMolENT ON OREIDN RULES

- ..

c5'

Subpart A--General

265.1 Purpose, scope, and applicability.

(a) The purpose of this Part is to establish . minimum national standards which define the

acceptable management of hazardous waste during the perIod of interim status.

(b) The standards in this Part apply to owner~

and operators of facilities which treat, store,

or dispose of hazardous waste who have fully

canplicd with the requirements for interim

status under section 3005(e) of RCRA and

122.22 of thfs Chapter, until final administrative disposition of their permit application is made. ~~ese standards apply to all treatment, storage, or disposal of

hazardous waste at these facilities after

the effective date of these regUlations,

except as specifically provided otherwide

in this Part or Part 261 of this Chapter,

(c) The requirements of this Part do not

apply to:

(1) A person disposing of hazardous

waste by means of ocean disposal subject

to a permit issued under the Marine Protection,

Research, and Sanctuaries Act.

(2) A person disposing of hazardous

waste by means of underground injection

subject to a permit issued under an Underground Injection Control (Ule) program approved

or promUlgated under the Safe Drinking

Water Act/

(3) The owner or operator of a POTW

which treats, stores, or disposes of hazardous

waste/

(4) A person who treats, stores, or

disposes of hazardous waste in a State with a

RCRA hazardous waste program authorized under

Subparts A and n, or Subpart F, of Part 123

of this Chapter, except that the requirements

of this Part will continue to apply as stated

in paragraph (c) (2) of this Section, if the

authorized State RCRA program does not cover

disposal of hazardous waste by means of underground injection; (5) The owner or operator of a facility

permitted, licensed, or registered by a State

to manage municipal or industrial solid waste,

if the only hazardous waste the facility

treats, stores, or disposes of is excluded

fr9ffi regulation under this Part by 261.5 of

this Chapter (small quantity exenptions)

(PR~ q Inq/AO\ 7',nl;

340-63-405(1) These rules apply to any

person who owns or operates a hazardous

waste management facility with the following exceptions: ' (a) Generators who store or treat their

own hazardous waste on their own plant site

'need comply only with rule 340-63-420/

(b) Generators who dispose of their own

hazardous waste on their own plant site need

comply only with' rules 340-63-410, 340-63-415,

340-63-420/

(c) Persons disposing of small quantities

managed under rule 340-63-135/ engaged in' \:00

recycle or disposal of errpty containers/ or

storing waste at the request of a local, state,

or federal official and in response to an

emergency situation, are exerrpt from rules

340-63-400 through 340-63-435/ unless the

Department, for reasons of publ.Ic health and

safety, requires compliance in individual

cases.

(2) Compliance with these rules shall not

preclude a facility owner or operator from

compliance with other applicable local, state,

'or federal regulations.

Generator exenptloos need

to be repealed. May want to

add selected other exemptions

as indicated in Federal rules.
Page 9.41

STORJlGE, AND DISrosAL FACILITIES .... ca.a OF OCRA WI'lll OnHiON RULES '-"""'"', ,~roo 3004, INI'ElUM STA'IUS S'rANDARDS' FOR GlNEnS AND OPERA'IORS OF eJS WASTE TREA'lMENl',

FEDERAL RJloES (40 CFR part 265) OREGON roLES (OAR)

(6) The owner or operator of a facility

which treats or stores hazardous waste,

which treatment or storage meets the criteria

in 261.6(a) of this Chapter (recycled

wastes) except to the extent that 261.6(b) of this Chapter provides otherwisel

(7) A generator accumulating waste

on-site in compliance with 262.34 of this

Chapter [less than 90 days storage] except to the

extent the requirements are included in

262.34 of this Chapter. (8) A farmer disposing of waste

pesticides fram his own use in compliance

with 262.51 of this Chapter, or .

(9) 1'he a.mer or operator of a totally

enclosed treatment facility, as defined in

260.10.

a:MlEN1' ON OREmN mI.ES

- ..

-0

'.A.

265.4 Inrninent hazard action.

NotWithstanding any other provisions of these regulations, enforcement actions

may be brought pursuant to Section 7003 of

ICM.

Subpart B-General Facility Standards

265.10 Applicability

The regUlations in this Subpart apply

to owners and operators. of all hazardous

waste facilities, except as 265.1 provides

otherwise.

265.11 Identification number.

Every facility owner or operator must

apply to EPA for an EPA identification

number in accordance with the EPA notification

procedures '(45 FR 12746).

(F!): 9/09/00) ?:Infi

ORS 459.690 Whenever it appears to the

Department that any person is engaged

or about to engage in any acts or practices

which constitute a violation of QRS 459.410

to 459.690 or the rules and orders adopted thereunder or of the terms of the license;.

without prior administrative hearing, the'

department may institute proceedings at .. law or in equity to enforce canpliance

therewith or to restrain further violations

thereof. .

340-63-410'Any person owning or operating

a hazardous waste management facility shall

identify himself to the Department and

obtain an identification number fram the .

Department. 'Ibis number shall be used on the

manifest and all reports and correspondence

with the Department.

ORS 459.690 appears virtually

identical to R:RA section 7003.

Every hazardous waste management facility must report ' directly to EPA.
lIND DISrosAL FllCILITIES •

CXMofENI' ON OREGON RULES

....

<XMP_OF OCRA WI'IH OREGON RULES ,

OCRA~ 3004, Im'ERIM STA'lUS STANDARDS FOR <l'MERS AND OPERA'IORS OF Ie; TRFA'lMEm',

FEDERAL roLES (4Q_<::FRpa~! 2~5)__ OREmN lULES (OAR)

S'f()R}lGE,

Page 9.42 -.

•

-0

N

265.12 Required notices.

(a) The owner or operator of a facility that has arranged to receive hazardous waste

from a foreign source must notify the

Regional Administrator in writing at least

four weeks in advance of the date the waste

is expected to arrive at the facility. lbtice

of Bubsequent shipments of the same waste from

the same foreign source is not required.

(b) Before transferring ownership or operation

of a facility during its operating life, or of

a disposal facility during the post--closure

care period, the owner or operator must notify

the new owner or operator in writing of the

requirements of this Part and Part 122 of

this Chapter. (Also see l22.23(c) of this

Chapter. ) 1...

265.13 General waste analysis.

[Detailed waste analysis and assurance

procedures)

265.14 security.

[Detailed security system requirements)

IFB: 9/09/80) 7.I{1fi

340-62-025(1) (fl [An application ~or

a disposal site license shall contain)

a description of the size and type of

facilities to be oonstructed upon' the

disposal site, including the height and

type of fencing to be used, the size and

construction of structures or buildings,

warning signs, notices and alarms to be

used•••

340-62-065(1) (e) (An application for a

collection or treatment site license shall

contain) a description and prelUninary ,engineering sketch of the size and type of'

facilities to be Constructed, including the

height and type of fencing to be'Used, the

size and construction of structures or

buildings, warning signs, notices, and alarms

to be used.

340-63-215(9) Containers aOd tanks used to

store hazardous waste must be adequately

constructed to fUlly contain the waste. Such

storage must be in a secure enclosure, to

prevent unauthorized persons from gaining access to the waste, and adequately contained

to minLmize the possibility of spills or

escape to the environment.

May Need OARs. tUI'E: These and

many of the following federal

rules are not stated explicitly in the OARs but are included in

the hazardous waste site

licenses.

May need OARs. Presently included

in site license.

May need OARs. Specific requirements presently

included in site license and

facility plan approvals.

,
...

CG1P~ OF RCRA WI'llI OREGON RU~ ' :-,

RCRA~ 3004, INl'ERIM STA'lUS STANDARDS FOR OWNrns AND OPERA'IORS OF leS'WASTE TRFA'IMml',

FEDERAL RULES (40 CFR part 265) OREGC':N RVLFStOAR)

Page 9.43

S'IORlGE, AND DISrosAL FICILITIES

a.:MIDn' ON OREGON IlJLES

• •

lJl

265.15 General inspection requirements.

[Detailed inspection requirements]

286.16 Personnel training. [Detailed training requirements]

265.17 General requirements for ignitable,

reactive, or incompatible wastes.

[Detailed waste handling requirements]

Subpart C--Preparedness and Prevention

265.30 Applicability.

265.31 Maintenance and operation of facility.

265.32 Required equipment.

265.33 Testing and maintenance of equipment.

265.34 Access to communications or alarm

system.

265.35 Required aisle space. 265.36 [Reserved]

265.37 Arrangements with local authorities.

265.38-265.49 [Reserved]

Subpart D--Contlngency Plan and Emergency Procedures

265.50 Applicability. , 265.51 Purpose and implementation of contingency plan.

265.52 Content of contingency plan. 265.53 Copies of contingency plan.

265.54 Amendment of contingency plan.

265.55 Emergency coordinator.

265.56 Emergency procedures.

(FD: 9/09/00) r,w'6

340-62-025(1) (c) [An application for a

disposal site license shall contain] the

experierx::e of the applicant in construction,

management, supervision or developnent of . disposal sites for hazardous wastes and in

the handling of such substances.

340-62-065(1) (b) [An application for a

collection or treatment site license shalL

contain] tho experience of too applicant in the handllngof hazardous substances.

340-63-420(1) Hazardous waste shall be

managed in a manner that will minimize the,

possibility of a dangerous uncontrolled

reaction, the release of leachate, noxious

gases or odors, fire, explosion or the

discharge of such waste.

340-62-025(1) (d) [An application for

a disposal site license shall contain]

the management program for the operation

of the disposal site, including••• the

proposed emergency measures and safeguards

to be provided for the protection of the ' natural resources, the public and the

employes at the disposal site.

May need OARs. Specific

requirements presently included in site license and

management plan.

May need OARs. Specific

requirements presently included in site license,

facility and management plans,

and disposal request approvals.

May need OARs. Specific requirements presently

included in site license and

facility and management plans.

May need OARs. Specific requirements presently

included in site license and

management plan.
COOPA.' -....,,·OF RCRA WI'lH OREGON RULES

OCRA 3004, Im'ERIM STA'IUS srANDARDS ron CMNERS AND OPERA'rORS OFHAe WASTE TRFA'IMENT,

FillERAL miLES (40 CfR part 265) ORmOO mLE'S (OAR)

Page 9.44

sroRJ'lGE, lIND DIsrosAL FACILITIES

<X:'MIDn' ON ORIDJN RULE'S

•

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A

265.57-265.60 [Reserved]

Subpart E--Manifest System, Reoordkeeping,

and Reporting

265.70 Applicability.

'l11e regulations in this Subpart apply to

owners and.operators of both on-site and off-site

facilities, except as 26S.l provides otherwise.

Section 265.71, 265.72, and 265.76 do not

apply to owners and operators of on-site

facilities that do not receive any hazardous

waste from off-site sources.

(FH: 9/09/00) ~,nl'i

340-62-065(1) (c) [An application for a

collection or treatment site license shall

contain] the management program for the

operation of the collection site, including'

the proposed methods of storage, and the -_ proposed emergency measures and safeguards _ to be provided for the protection of the

public, the site employees, and the

environment.

340-63-420(3) A facility operator shall

became familiar with the hazards associated

with the waste and the procedure to be

followed in the event of an emergency

situation. All aocidents or other occurrences

which may result in the discharge of such .

waste to the environment shall be Lmmediately

reported to the Oregon Accident Response

System (telephone: 1-800-452-0311).

340-63-215(3) A generator shall became

familiar with the hazards associated with

the waste and the. procedure to be followed

in the event of an emergency situation.

All accidents or other occurrences which may result in the discharge of such waste to

the environment shall be immediately

reported to the Oregon Accident Response

System (telephone: 1-800-452-0311).

340-63-425(1) A hazardous waste facility

operator shall not accept a shipment of hazardous waste in excess of 2000 lbs. unless acoompanied

Dy a manifest that has been properly

canpleted by the generator in accordance wi.th . rule 340-63-230 and by the transporter in

accordance with OAR 860-36-060 to 860-36-066.

(a) Collection sites shall not accept hazardous waste for storage unless such storage

is specifically designated by the generator

on the manifest.

(b) Collection sites which consolidate

unmanifested 'waste for shipment into loads

that exceed 2000 lbs. shall complete a manifest, acting as the generator, in

accordance with rule 340-63-230.

Need to rodify small quantity

exemption in accordance with

40 CFR Part 261.5.
Page 9.45

• S'roAAGE, AND DISrosAL FACILITIES

<XMI~ OF RCRA WI'll! OREGON RULES ' '

~ON 3004, INI'ERIM STATUS STANDARDS FOR OONERS AND OPERATORS OF t.S WASTE TRFA'lMml',

FEDERAL WLES (40 CFR part 265) OREGON RULES (OAR) CXMtENI' ON OREGON RULES .. ..

:C

265.71 Use of manifest system. (a) If a facility receives hazardous waste

accanpanied by a manifest, the owner or operator,

or his agent, must:

(1) Sign and date each copy of the

manifest to certify that the hazardous waste

covered by the manifest was received.

(2) Note any significant discrepancies

in the manifest (as defined in 265.72(a) on each

copy of the manifest;

(Corment: Th~ Agency does not interd that the

owner or operator of a facility whose procedures

under 265.13(c) include waste analysis must

perform that analysis before signing the

manifest and giving it to the transporter. section 265.72(b), however, requires reporting an unreoonciled discrepancy discovered during

later analysis.)

(3) Immediately give the transporter at

least one copy of t~ signed manifest;

(4) Within 30 days after the delivery, send

a copy of the manifest to the generator; and,

(5) Retain at the facility a copy of each manifest for at least three years from the date

of delivery.

(b) If a facility receives, from a rail or

water (bulk shipnent) transporter,

hazardous waste which is accanpanied by

a shipping paper" oontaining all the

information required on the manifest

(exclliling the EPA identification nllllDers,

generator's certification, and signatures),

the a.tner or operator, or his agent, must:

(Procedure for handling the shipping paper which is similar to that for the manifest]

265.72 Manifest discrepancies.

(Definition of discrepancies and

action upon discovery)

265.73 Operating record (Site operating record requirements]

(Fa: 9/09/80) ZW36

340-63-425(2) A' representative of the

hazardous waste management facility shall

sign and date the manifest at the time

of waste aoceptance, and, if warranted, , c:c:mrent on the conditions of the oontainers,

lost labels, or any other problems with the

shipnent.

(3) The facility operator shall give one copy

of the manifest to the transporter, retain one

copy, and transmit the remaining copies as

follows:

(a) Collection site operators shall give the

manifest to the seoond transporter when the

waste is shipped to the generator's designated , treatment or disposal facility. (b) Treatment or disposal site operabO~s

shall mail a copy of the manifest to the waste

generator within one week.

(4) Hazardous waste in quantities less than

2000 lbs. may be accepted at the facility,'

operator's discretion and as modified by 'the

facility license. , 340-63-435 Every hazardous waste management

facility shall retain for three years:

(1) A copy of the manifest. , '(2) A copy of the' periodic hazardous waste

receipt report sutrnitted to the Department..

May need OARs. Specific requirements can presently

be included in site license

or management plan.

May need OARs. Specific requirements presently in site

license and management plan.

May need OARs. Specific

requirements presently in site.

license.
·"

cnlP.' OF ReRA WI'IH OREGON RULES' •

ReM ON 3004, INI'ERIM STATUS S'rANDARDS FOR OONERS AND OPERA'~RS OF I ~S W~ TRFA'IMFNl',

FEDERAL RULES ~CFR ~r:t: 2651... OREGON RULES (OAR)

Page 9.46

S'IORlGE, AND DISFOSAL FliCILITIES

CCMo1I:Nl' ON ORFIX>N RULES

- ..

o

265.74 Availability, retention, and

disposition of records

[Requirements]

265.75 Annual report.

The owner or operator must prepare and

submit a single copy of an annual report to the Regional Administrator by March 1

of each year ,' '1tle report form and instructions in Awendix II must be used for this

report. '1tle annual report must cover

facility activities during the previous

calendar year and must include the

follONing information:

(al The EPA identification number, name,

and address of the facility; (b) The calendar year covered by the report;

(c) For off-site facilities, the EPA identification number of each hazardous waste

generator from which the facility received a

hazardous waste during the year; for imported

shtpnents, the report must give the name and

address of the foreign generator; (d) A descr ipticn and the quantity of each

hazardous waste facility received during

the year. For off-site facilities, this

information must be listed by EPA identificaticn number of each generator; (el The method of treatment, storage, or

disposal for each hazardous waste;

(f) Monitoring data under 265.94(a) (2) (ii)

and (iii), and (b) (2), where required; (g) The most recent closure cost estimate

under 265.142, and, for disposal facilities, the most recent post-elosure

cost estbnate under 265.144; and,

(h) The certification signed by the owner

or operator of the facility or his

authorized representative.

265.76 unmanifested waste report

(Site action in the event of unmanifested

waste rece ipt]

(Fn q 1O'llrtn \ '7lonr340-63-420(7) Authorized representatives of the Department shall have access

to the site of hazardous waste treatment, ' treatment, storage, or disposal at all

reasonable times for the purpose of inspecting the facility and its activity records, and

for environmental monitoring.

340-63-430(1) Every hazardous waste

management facility operator shall submit'

a hazardous waste receipt report to the '

Department. '1tlis report shall include all

receipts whether or not subject to the

manifest. Hazardous waste treatment and

collection site reports are due quarterly by

the 20th of each Ita'Ith. Hazardous waste

disposal site reports are due monthly by

the 20th of each month.

(2) The report shall include the following:

informaticn as taken from the manifest or ".

other generator ,source:

(a) Period covered by the report,

(b) Hazardous waste management facility's

name, address, phone number, and identification

number;

(c) For all wastes received during the reporting period indicate:

(A) Date of waste acceptance, . (Bl Manifest number (if awlicablel,

(Cl Waste 'description, quantity,

number and type of containers, physical

state, and classification, , (0) Name and identification number

of the waste generator, (El Name and identification number

of each transporter,

(Fl For treatment facilities:

Process used to treat the waste,

For collection sites: Name and

address of the hazardous waste treatment

or disposal facility to which the waste was

'shipped and date of same,

For disposal sites: Date of waste, , treatment and burial,

(Gl Any other information that may

be required by the management facility license.

May need OARs. Specific

requirements presently in site

license.

May need OARs to require closure

and post-elosure cost estbnates

and certification.

May need OARs. Present action

included in site management

plan.
Page 9.47

e. ~E, .AND DISPOOAL FlICIUTIES

m1P* OF RenA WI'Il1 OREGON roLES •....- '.

~ON 3004, INTERIM srATUS S'fANDAIIDS roROONERS AND OPERA'IDns OF ~S WASTE TRFA'IMENl',

FEDERAT. lULES (40 CPR part 265) . OREOON' anas (OAR) CCMo1ENl' ON OREmN

- .!I

;-0

265.77 Additional reports.

In addition to sutmitting the annual

report and unmanifested waste reports

described in 265.75 and 265.76, the

owner or operator must also report to the Regional Administrator:

(a) Releases, fires, and explosions as

specified in 265.56(j)1 (b) Ground-water contamination

and monitoring data as specified

in 265.93 and 265.94; and

(c) Facility closure as specified in 265.115. .

Subpart F-Ground-Water Monitoring

265.90 Applicability.

265.91 Ground-water monitoring system.

265.92 Sampling and analysis.

265.93 Preparation, evaluation, and

response.

265.94 Recordkeeping and reporting.

265.95-265.109 [Reserved)

Subpart G--closure and Post-Closure

265.110 Applicability.

265.111 Closure perfoonance standard.

265.112 Closure plan; amendment of plan.

265.113 Time allowed for closure.

265.114 Disposal or decontamination of

equipnene,

265.115 Certification of closure.

265.116 [Reserved)

265.117 Post-elosure care and use of

propertyI pericrl of care.

265.llB Post-elosure plan; amendment

of plan.

265.119 Notice to local land authority.

265.120 Notice in deed to property.

265.121-265.139 [Reserved)

(FB: 9/09/BD) 006

340-63-420(3) A facility operator shall

become familiar 'with the hazards associated with the waste and the procedure to be followed in the event of

an emergency situation. All accidents

'or other occurrences which may result in

the discharge of such waste to the

environment shall be immediately reported'

to the Oregon Accident Response System

(telephone: 1-000-452-0311).

340-62-025(1) (j) [An application

for a disposal site license shall

contain) a proposed program for·

continuous rronitoring and

surveillance of the disposal

site and for regular reporting

to the Department.

May need OARs. Reports

presently required by

site license.

May need OARs. Present

disposal site monitoring

program in license and . management plan.

May need OARs. Present

closure and post-elosure

plan in site license and

facility plan approvals

NOTE: Disposal site presently

deeds to state all land

used for hazardous waste

management.
c.

CCMPf ' OF WI'IH ORElJOO RULES ~~. Page 9.48

OCRA. '004, IN1'ERIM STA'lllS STANDARIJS "'" "'00>5 AND OPERAmRS OF • IIASTE~. SlOR1<lE, AND DISPOOAL Fl'CILITIES •

FEDERAL RULES (40 ern part 265) ORFlXlN RULES (OAR) cxr-MENl' ON OREIJON RULES

Subpart H--Financial Requirements

....

J::)

Q'3

265.140 Appplicability.

265.141 (Reserved) 265.142 Cost estimate for facility closure.

265.143 (Reserved) 265.144 Cost estimate for post-c1osure

monitoring and maintenance.

265.145-265.169 (Reserved]

Subpart I~se and Management of Containers

265.170 Applicability.

265.171 Condition of containers.

265.172 compatibility of waste with container.

265.173 Management of containers.

265.174 Inspections.

265.175 [Reserved)

265.176 Special requirements for ignitable

, or reactive waste.

265.177 Special requirements for incompatible

wastes.

265.178-265.189 [Reserved)

Subpart J--Tanks

265.190 Appplicability.

265.191 [Reserved) 265.192 General operating requirements.

265.193 Waste analysis and trial tests.

265.194 Inspections. 265.195-265.219 [Reserved)

IFB: 9/09/80\ 'lN1Fi

340-62-025(1) (m) (An application for a disposal site license shall

contain] a proposal and supporting

information justifying the amount

of a cash bond proposed to be

posted bY the licensee and deemed to

be sufficient to cover any costs of

closing the site and ronitoring it or

providing for its security after

closure and to secure performance of license requirements.

340-63-420(5) Containers and tanks used to

store hazardous waste must be adequately

constructed to fully contain the waste.

Such s tor age must be in a secure enclosure

to prevent unauthorized persons from ,

gaining access to the waste, and adequatelY

contained to minimize the possibility of

spills or escape' to the environment.

340-63-420(6) Hazardous waste that is volatile

or may be expected to release hazardous gases,

mists, or vapors shall be handled, stored, ~reated

or disposed in leakproof, tightly covered

containers so that there is no waste

release in excess of the Threshold Limit

Values imposed by occupational health , regulations (OAR Chapter 333, section 22-ol7(A»,

air qua1tiy rules (OAR Chapter 340), and other

applicable local, state, or federal regulations.

340-63-420(5) Containers and tanks used to'store

hazardous waste must be adequately constructed to

fully contain the waste. Such storage must be in

a secure enclosure to prevent unauthorized persons from gaining access to the waste, and adequately contained to minimize the possibility of spills

or escape to the environment.

Need ORS to require

collection and treatment

sites to provide for

closure costs.

May need OARS. Presently included in site facility plan

approval.s ,
....

CXMPAIU~ OF OCRA WI'lH ORHiON lUJLES ....';j<: a , "J =tI:::::'::::::-:roR cr.w= >tID Op..-.s~ "*==='

SltWGE, ':DI~~ILI;~r= •

Subpart K--Surface ~undments.

;-C

:is

265.220 Applicability.

265.221 [Reserved) 265.222 General operating requirements.

265.223 Containment system.

265.224 [Reserved)

265.225 Waste analysis and trial tests.

265.226 Inspections.

265.227 (Reserved)

265.228 Closure and post-closure

265.229 Special requirements for ignitable or

reactIve waste.

265.230 Special requirements for incompatible

wastes.

265.231-265.249 (Reserved)

Subpart L~aste piles

265.250 Applicability.

265.251 Protection from wind.

265.252 Waste analysis.

265.253 Containment.

265.254-265.255 (Reserved)

265.256 Special requirements for ignitable

or reactive waste.

265.257 Special requirements for incompatible wastes.

265.258-265.269 (Reserved)

Subpart M--Land Treatment

265.270 Applicability.

265.271 [Reserved)

265.272 General operating requirements.

265.273 Waste analysis. 265.274-265.275 (Reserved)

265.276 Food chain crops. 265.277 (Reserved)

265.278 Unsaturated zone (zone of aeration)

monitoring.

(Fa: 9/09/80) ZW36

340-62-025(1) (d) (A disposal site licensee shall

sutmit) the management program for the operation of the disposal site, including the person or

persons to be responsible for the operation of

the disposal site and a resume of his qualifica- tions, the proposed method of pretreatment or decontamination upon the disposal site, if any, and the proposed emergeooy measures and safeguards to

be provided for 1;he protectioo of the natur,al resources, the public and the employes at the , disposal site. . 340-62-065(1) (c) (A collectioo or treatment site

licensee shall subnit) the management program for the operation of the site, including the proposed

methods of storage, treatment and waste disposal, the site maintenaroe program, personnel training program, and the proposed emergeooy measures and

safeguards to be provided for the protection of

the public, the site employees, and the environment.

340-62-025(1) (d) [see Subpart K above) 340-62~065(1) (c) (see Subpart K above)

340-62-025(1) (d) (see Subpart K above)

340-62-065(1) (c) (see Subpart K above)

May need OARs. Presently included in site management

plan and facility plan approvals.

May need OARs. Presently included in site management

plan and facility plan approvals. '

May need OARs. Presently included in site management

plan and facility plan approvals.
....

CCMPAlH~ OF RCRA WI'lH OREGOO RULES _.

OCR/ 3004, INTERIM &rAWS STANDARDS FOR ~ERS AND OPERATORS OF HZ."IS WASTE TRFA'lMENl',

Fm_LES (40 CFR part 265) REIDN RULES (OAR)

265.279 Recordkeeping. 265.200 Closure and post-elosure.

265.281 Special requiremen~q for ignitable

or reactive waste.

265.282 Special requirements for incompatible wa~tes.

265.283-265.299 [Reserved]

Subpart N-Landfills

Page !I.~U

STORlGE, lIND DISrosAL FICILITIES .•

CXM1ENl' ON OREIXlN RULES

..

265.300 Applicability.

265.301 [Reserved]

265.302 General operating requirements.

265.303-265.308 [Reserved]

265.309 Surveying and recordkeeping.

265.310 Closure and post-elosure. 265.311 [Reserved]

265.312 Special requirements for ignitable

or reactive waste.

265.313 Special requirements for

incompatible waste.

265.314 Special requirements for liquid

waste.

265.315 Special requirements for containers.

265.316-265.339 [Reserved]

Subpart o-Incinerators

265.340 Applicability.

265.341-265.342 [Reserved]

265.343 General operating requirements.

265.344 [Reserved]

265.345 Waste analysis.

265.346 [Reserved]

265.347 Monitoring and inspections.

265.348-265.350 [Reserved]

265.351 Closure.

265.352-265.369 [Reserved]

Subpart p--Thermal Treatment

265.370 Applicability.

265.371-265.372 [Reserved)

265.373 General operating requirements.

265.374 [Reserved)

265.375 Waste analysis.

(FB: 9/09/80) ZW36

340-62-025(1) (d) [see ~ubpart K above)

\, .340-62-065 (1) (c) [see Subpart K above)

340-62-025(1) (d) [see Subpart K above)

340-62-065(1) (c) [see Subpart K above)

340-62-025(1) (d) [see Subpart K above)

340-62-065(1) (c) [see Subpart K above]

May need OARs. Presently included in site license,

management plan, and facility plan approvals.

May need OARs. Specific requirements can presently

be included in site license,

management plan or facility

plan approvals.

May need OARs. Specific

requirements can presently

be included in site license,

management plan or facility

plan approvals.
l,..\J'\l'.\IU~Jtj l.W lo..;W\ wnu UIW"Ui 1~Ll:.:>

OCRA • 3004, Im'ElUM S'l'ATUS'STANDARDS FOR CMNERS AND OPERA'ltlRS OF HAZ"~-':~ WASTE TRFA'lMENl', S'1'ORJlGE, lIND DIsrosAL FI\CILITIES

FEDERAL~ 40 crn rt 265 IULES OAR <::X:MiFm' ON OREGON roLES

265.376 [Reserved)

265.377 Monitoring and inspections.

265.378-265.380 [Reserved) .

265.381 Closure.

265.382 Open burning; waste explosives.

265.383-265.399 [Reserved)

Subpart Q-Chemical, Physical, and

Biological Treaonent

.--",

•

265.401 General operating requirements.

265.402 Waste analysis and trial tests.

265.403 Inspections and recordkeeping.

265.404 Closure.

265.405 Special requirements for ignitable

or reactive waste.

265.406 Special requirements for

incompatible waste.

265.407- 265.429 (Reserved)

Subpart R--Underground Injection

265.430 Applicability.

265.431-265.999 [Reserved)

(FB: 9/09/80) 006

340-62-025(1) (d) [see Subpart K above)

340-62-065(1) (c) [see Subpart K above)

340-44-010 Whereas the discharge of

untreated or inadequately treated sewage

or wastes to waste disposal wells and

particularly to waste disposal wells in

the lava terrane of central Oregon

constitutes a threat of serious,

detrimental and irreversible pollution of

valuable ground water resources and a threat

to public health, it is hereby declared to

be the policy of the [Department) to

restrict, regulate or prohibit the further . construction and·use of waste disposal . wells in Oregon and to phase out canpletely , the use of waste disposal wells as a means of

disposing of untreated or inadequately . treated sewage or ,wastes as rapidly as

possible in an orderly and planned manner•.

340-44-030 Permits. shall not be issued for

construction, maintenance or use of waste .

disposal wells where any other treatment

or disposal methqd which affords better

protection of public health or water

resources is reasonably available or

possible.

May need OARs. Presently included in site management plan and facility plan

aA?rovals.

Presently managed under

WJ program.
/-

CQ>lP1I.OF OCRA wrnl J.JIW

OCRA 3006: STATE m:GRJV.1 REOJIREMENl'S - Im'ERIM AI.mDRIZA'rION, •

FEDERAL REWIREMENrS (40 CFR Part 123) OREGON J.JIW (ORS CH. 459)

Page 9.52

a::t-rom' ON OREQ)N IJ>W • ..

:-0

;!1

123.128 Programrequiren\ents for, interim

authorization for Phase I.

,The following requirements are applicable

to 'State's applying for interim authorization

for Phase I. If a State does not have legislative authority or regUlatory control over certain

activities that do not occur in the State, the

State may be granted interim authorization for

Phase I provided the State authorization plan under 123.127 provides for the development

of a CXlll\Plete program as seen as practicable

after receiving interim authorization.

(a) Requirements for identification and listing

of hazardous'waste. The State program must control

a universe of hazardous wastes generated, transported, treated, stored, and disposed of in the State which is nearly identical to that which

would be controlled by the Federal program under

40 CFR Part 261.

(FB: 9/09/80) 004

459.410(6) "Hazardous wastes" does not

include radioactive material or the radio-'

actively contaminated containers and receptacles used in the transportation, storage, use or

application thereof. Hazardous wastes does

include all of the fOllowing which are not

declassified by the commission pursuant to

subsection (3) of ORS 459.430: , (a) Discarded, useless or unwanted materials

or residues resUlting from any substance or

canbination of substances intended for the

purpose of defoliating plants or for the " preventing, destroying, repelling or mitig~ting

of insects, fungi, weeds, rodents or predatory

animals, including but not limited to defoliants,

desiccants, fungicides, herbicides, inseCticides,

nematocides and rodenticides as defined by

ons 634.211-

(b) Residues resulting from any process of

industry, manufacturing, trade or business or

from the development or recovery of any natural

resources, if such residues are classified as

hazardous by order of the commission, after notice

and public hearing. For purposes of such,

classification, the commission must find that such

residue, because of its quantity, concentration or

physical, chemical or infectious characteristics

may: " (A) cause or significantly contribute to an

increase in mortality or an increase in serious

irreversible or ,incapacitating reversible illness:

or

(B) Pose' a substantial present o~ potential

hazard to human health or the envirorunent when

improperly treated, stored, transported, or disposed

of, or otherwise managed. (c) Discarded, useless or unwanted containers

and receptacles used in the transportation, storage,

use or application of the substances described in

paragraphs (a) and (b) of this subsection.

459.430(3) The De~artment shall, after notice and

public hearing, pursuant to ons chapter 183,

see ReRA sec. 3001 analysis for

specific hazardous waste com- pari~.

Present ORS believed adequate:

OARs need modification to

include selected wastes.
CGlPl.OF ICRA WI'll1 OREGON LAW

, ICRA N 3006: STA'lE m::x:;RJlM REtUIREMENrS - Im'ERIM AImIJRlZATION,PIe

FEDERAL REX;UIRFN:Em'S (40 ern Part 123) OREGON LAW (ORS CH. 459)

declassify as hazardous wastes those substances

described in subsection (6) of ORS 459.410 which

the commission finds, after deliberate consideration, taking into account the public health and

safety, have been properly treated or decontaminated or contain a sufficiently low concentration

of hazardous material so that such substances are

no longer hazardous.

459.440(3) [The COmmission shall] adopt rules and

issue orders thereon to classify as hazardous

wastes those residues defined in paragraph (b) of , subsection (6) of ORB 459.410.

, 453.635(1) (b) The Health Division is the State

Radiation COntrol Tv:Jercy, but ORB 453.605 to

453.745 [Radiation Source Statutes] do not ,apply

to a radiatioo source while it is being transported on a railroad car or in a motor vehicle

subject to and in conformity with rules adopted by the Public Utility commissioner of Oregon nor

do they apply to any matter other than

transportation of radiation sources withi~ the

authority of the Energy Facility Siting Council

under ORB chapter 469. 'l\:) protect occupatiOnal

and public health and safety against radiation

hazards the division shall, with due regard

for canpatibility with the regulatory programs

,of the Federal Government, promulgate standards

am make reasonable regulations relating to

registration, licensing, use, handling,

transport, storage, disposal, other than

disposal regulated by ORB 469.300 to 469.570,

and control of radiatioo sources, including

but not limited to by-product materials, source

materials and special nuclear materials.

469.310 In the interests of the public health

and the welfare of the people of this state,

it is the declared public policy of this state

that the siting, constructioo and operatioo

of energy facilities [irc1udes a radioactive

waste disposal site] shall be aooomplished in

a manner consistent with protectioo of the',

public health and safety and in comp1iance'with the energy policy and air, water, solid waste,

land use and other environmental protectioo

policies of this state. It is, therefore,:the

purpose of ORB 469.300 to 469.570 and 469.992

to exercise the jurisdiction of the State of

Oregoo to the maximum extent permitted by' the

United States COnstitution and to establish

in ccoperatioo with the Federal Government'a

eatprehensive system for the siting, monitoring and regulating of the location, constructiOn

and operation of all energy facilities in this

state.

Page 9.53

ON OREGON LAW

• ..

(FB: 9/09/80) 004
.. a::wA1N m' R::RA WI'IH OREGON u«

~ION 3006: SI'A'IE PIroRPM REtUIREJ.lENrS - INTERIM J\UT![)R!ZATION, •

FEDERAL ~I~ (49 CfR Part 123) OREGON rm (ORS CH. 459)

469.525 Notwithstanding any other provision

of this chapter, no waste disposal facility

for any radioactive material shall be

established, operated or licensed within this state.

Page 9.54

CXl-MENl' ON ORmON rm •

1

(b) Requirements for generators of hazardous

waste. (1) This paragraph applies unless the

State oomes within the exceptions described

under paragraph (d) of this section.

(2) The State program must cover all generators

of hazardous wastes controlled by the state.

(3) The 'State shall have the authority

be require and shall require all generators covered by the State program to comply with

reporting and recordkeeping requirements substantially equivalent to those found

at 40 CFR 262.40 and 262.41.

(4) The State program must require

that generators who accumulate hazardous

wastes for short periods of time prior to

shipment d:> ro in a manner that does not

present a hazard to human health or the

environment.

(5) The State program shall provide

requirements respecting international

shipnents which are substantially equivalent

to those at 40 CFR 262.50, except that advance

notification of international shipnent, as

required by 40 CFR 262.50 (b) (1), shall be

filed with the Administrator. The State may

require that a copt of such advance notice be

filed with the State Director, or may require

equivalent reporting procedures.

(6) The State program must 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 shipnents of

hazardous waste are designated for delivery,

and, in the case of intrastate shipnents, are

delivered only to facilities that are authorized

to operate under an approved State program or the Federal program.

(7) The State manifest system must require that:

(1i'B: 9/09/80) 71'134

459.410 (5) "Generator" means the person, who by virtue of ownership, management or control,

is responsible for causing or allCMing to be

caused the creation of a hazardous waste.

459.445 (1) The commission may, by rule"

require generators of hazardous waste to:

(b) Keep records that accurately identify

the quantities of such hazardous wastes, ,the

constituents thereof, and the disposition of

wastesj

(e) Submit reports to the department setting

out quantities of hazardous waste generated

during a given time period and the disposition of all such wastes. ' 459.445(2) The'generator of a hazardous waste

shall be allowed to store a hazardous waste

produced by that generator on the premises of

that generator without obtaining a hazardous

waste collection site license. 'Ihis shan

not relieve any generator from comPlying'with

any other rule or standard regarding storage of hazardous wastes.

see 459.445 above.

459.445(1) (d) The commission may, by rule, require generators of hazardous wastes

to use a department approved manifest system

to assure that,all such hazardous wastes

generated are destined for treatment, storage

or disposal facilities (other than facilities

on the premises where the waste is gene~ated)

, which are operating pursuant to provisions of

this chapter.

see OCRA sect. 3002

oanparison for specific

reporting and recordkeeping requirements.

Present ORS believed adequate;

OARs may need to be amended.

Present ORS believed

adequate.

Present ORS does not distinguish between domestic

or international shipnents.

OARs need to be amended.

Present ORS believed

adequate, OARs may need to

be amended.

Present ORS believed

adequate; OARs may need to
r-,

CCMPA.'OF RCRA WI'll{ ORIDON I»l

!alA 3006: STA'IE POCX>R1'M REOOIREMENrS - INTERIM lIU'l1[)RIZATION,Pl.

FEDERAL RmJIREMENIS (40 CFR Pa~~lru OREIDN I»l (ORS ClI. 459)

Page 9.55

c:x:MlENl' ON OREIDN I»l

• ..

;-C)

III

lJl

(i) The manifest itself identify the

generator, transporter, designated facility to

which the hazardous waste being transported;

(ii) The manifest accarpany all wastes

offered for transport, except in the case of shipments by rail or water specified in

262.23(c) and 263.20(e); and , (iii) 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 irx3ependently identified by the State in

which the shipment originated.

(8) In the case of interstate shipments for

which the manifest has not been returned, the

State program must provide for notification

to the State in which the facility designated

on the manifest is located and to the State

in which the shipment may have been delivered.

(c) Requirements for transporters of hazardous

wastes. (1) '!his paragra[tl aplies unless the

State comes within the exceptions described

under paragraph (d) of this section.

(2) The State program must oover all

transporters of hazardous waste controlled

by the State.

(3) The State shall have the authority to

require and shall require all transporters

oovered by the State program to COI!q)ly with

reoordkeeping requirements substantially

equivalent to those found at 40 CFR 263.22.

(d) Limited exceptions from generator,

transporter, and related manifest·requirements. [Designates the conditions under which a State

without a manifest system may apply for interim

authorization.

(e) Requirements for hazardous waste treabnent,

storage, and disposal facilities. States

must have a standards applicable to HWM

facilities which are substantially equivalent

to 40 CFR Part 265. State law shall prohibit the operation of facilities not in compliance

with such standards. These standards shall

include:

(1) Preparedness for and prevention of

releases of hazardous waste controlled by the

State under paragraph (a) of this section and

oontingency plans and emergency procedures

to be followed in the event of a release

of such hazardous waste;

(Fa: 9/09/80) ZW34

756.040(2) The [Public utility) Commissioner

is vested with power and jurisdiction to

supervise and regulate every public utility,

railroad, air carrier and motor carrier in this

state, and to do all things necessary and .

oonvenient in the exercise of such power and

jurisdiction. .

767.025(1) (e) (The IOC regulatory authority)

does not apply to motor vehicles being used for

the transportation of property by private carrier

by means of a single vehicle or carbination of

vehicles with a combined weight that does not

exceed 8,000 pounds.

767.025(2) (a) ('!he IOC regulatory authority) does

not apply to motor vehicles owned or operated by the United States, the State of Oregon, any county, city, town or municipality in this state, or any

of them except when owned or operated as a carrier

for hire. ' 459.440(1) ['!he Commission shall)

adopt rules and issue orders thereon,

including but not limited to

establishing minLmum requirements for

operation, maintenanqe, monitoring,

reporting and supervision of treatment,

collection or disposal sites, and

requirements and procedures for selection

of such sites.. .

459.590(2) (d) (A disposal site licensee shall)

establish emergenCy procedures and safeguards

necessary to prevent accidents and reasonably foreseeable risks; . 459.517(4) [A oollection or treatment site

licensee shall) maintain current contingency

be amended.

Present ORS believed

.adequater OARs may need

to be amended.

Present ORS generally adequate for transporter requirements but sane

exenptions may need to be repealed. IOC may need to

amend some OARs per Apr il 12,

1977 Memo of Understanding

(see AH;lendix A )page 9.62)

Present ORS believed

adequate; OARs may be needed

if inclusion in license is

insufficient.
CXMPAl""......,' OF RCRA WI'ffi OREGON LAW "-~

R:RA • 3006: STATE Pro3RJ'M REOJIREMENTS - INTERIM AIJI1IORIZATION, P1~ FmERAL~IREMENrS(40~FR fart; 123) ~RFmN LAW (ORS ClI. 459)

Page 9.56

a:MID-n' ON OREroN LAW

.,J ....-.-,

"

• •

459.517(6) [A collectioo or treatment site licensee

shall] assure that all personnel who are ~oyed

by the licensee are trained in proper procedures

for handling, transfer, transport, treatment, and

storage of hazardous waste including, but not

limited to, familiarizatioo with all contingency plans.

459.517 [A collectioo or treatment site licensee shall]

(1) Maintain records of any hazardoUS waste identified

pursuant to provisioos of this chapter which is stored

or treated at the site and the manner in which such

waste was stored or treated, transported and disposed of.

(2) Report periodically to the department on types

and volumes of wastes received and their manner of

disposition.

459.517(3) [A collection or treatment site licensee

shall] Participate in the manifest system designed by the department. .

:-'J

(2) Closure ard post-elosure requirements;

(3) Groundwater monitoring; ,(4) Security to prevent unknowing and

unauthorized access to the facility;

(5) Facility personnel training;

(6) Inspection, monitoring, reoordkeeping, and reporting;

(7) CCrnpliance with the manifest system ircluding the requirement that the facility

CMner 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 shipnent; and

(8) Other facility standards to the

extent that they are ircluded in 40 CFR

Part 265, except that Subpart R (standards

for injectioo wells) may be included in the

State standards at the State's option. (f) Requirements for enforcement authority.

(1) Any State agency administering a

program under this Subpart shall 'have the

follCMing authority to remedy violations

of State program requirements: (i) Authority to restrain

Unmediately 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;

(FB: 9/09/80) ZW34

plans to minimize damage fran spillage, leakage,

explosion, fire, or other accidental or intentional

events . 459.590(2) (e) [A disposal site licensee shall]

restore to the extent reasonably practicable, the site to its original oonditioo when use of

the area is terminated as a site.

459.680(1) Whenever, in the judgment of the department fran the results of

monitoring or surveillance of operation of any hazardous' waste disposal, COllection

or treatment site, there is reasonable

cause to believe that a clear and immediate

danger to the public health and safety . exists from the continued operatioo of the .

site, without hearing or prior notice, the'~

department shall order the operatioo of

the site halted by service of the order o~··

the site superintendent. .

Present ORS believed adequate.
V1

COM'. OF RCRA WI'IH OREGON Lm - .

OCRA: ON 3006: STATE PR:X:iRJ'« mx:uIREMrnrS - Im'ERIM J\I1IIDRIZATION, •

FEDERAL REWIRFMEm'S (40 eFR Part 123) ORFmN r.;.w (ORS ClI.3~9)

(2) Within 24 hours after such order is

served, the department must appear in the

appropriate circuit court to petition for

such equitable relief as is required to

protect the public health and safety and

may carmence proceedings for the revocation

of the license if grourrls therefor exist.

459.685 (1) Any person having the care,

custody or control of a hazardous waste or a substance which would be a hazardous

waste except for the fact that it is not

discarded, useless or unwanted, who causes or permits arrt disposal of such waste or substance in viOlation of law or otherwise

than as reasonably intended for normal use or handling of such waste or SUbstance,

including but not limited to accidental spills

thereof, shall be .liable for the damages to

person or property, public or private, caused

by such disposition. .

(2) It shall be the obligation of such person

to collect, remove or treat such waste or,

substance immediately, subject to such dirac--

tico as the department may give. . (3) If such person fails to collect, rerove or treat such waste or substance when under an

Obligation to do so as provided by subsectioo (2)

of this section, the department is authorized

to take such aC.tions as are necessary to .. collect, renove or treat such waste or substance.

(4) The director shall keep a record of all

necessary expenses incurred in carrying out any

clean-up projects or activities authorized'

under subsection (3) of this section, including

reasonable charges for services performed:and

equipment and materialS utilized.

(5) Any person who fails to collect, rE!lTOiT.e or treat such waste or substance immediately,

when under an obligation to do so as provided

in subsection (2) of this section, shall

be responsible for the necessary expense~

incurred I:¥ the state in carrying out a clean-up project or activity authorized under

subsecticos (3) and (4) of this section. :'

(6) If the arroont of state-incUrred expenses

under subsectIons (3) and (4) of this section are not paid to the department within 15

days after receipt of notice that such expenses are due and owing, the Attorney General, at

the request of the director, shall br ing an action in the name of the State of Oregoo in

any court of cxmpetent jurisdiction to recover the amount specified in the final· order of the

-director.

Page 9.57

cx:MIDn' ON OREmN Lm

•

(FB: 9/09/80) 004
ea.tP" """'. OF RCRA WI'lH OREGON Lm ICRAeN 3006: srATE RI:UJlREMENrS -

FmE.'RJ\L ROOJlREMENI'S (40 era Part 123

lNI'ERIM JlU'IUJRIZATION,

~REGONLm

t"iiyt: :1 • .,)10,1

<nMENl' ON OREGON Lm

rO

(jl

(ii) To sue in courts of competent

jurisdiction to enjoin any threatened or

continuing violation of any program requirement, including, where approprIate , permit

conditions, without the necessity of a prior revocation of the permit, and,

(iii) For any program violation,

to assess or sue to recover in court civil

penalties in at least the amount of $1000

per· day or to· seek criminal fines in at

least the amount of $1000 per day.

(2) Any State agency administering

a program under this Subpart shall

provide for pUblic participation in the

State enforcement process by providing

either:

(i) Authority which allCMS

intervention as of right in any civil or

administrative action to obtain remedies

specified in paragraph (f) (1) of this

section by any citizen having an interest

which is or may be adversely affected,

or

(ii) Assurance that the State

agency or enforcement authority will:

(A) Investigate and provide

written responses to all citizen complaints

submitted pursuant to the procedures specified in paragraph (g) (2) (iv) of

this section:

(B) Not oppose intervention

by any citizen where permissive intervention may be authorized by statute, rUle,

or requlation} and,

(C) Publish and provide at

least 30 days for public o:mnent on any

proposed settlement of a State enforcement

action.

(g) Requirements for compliance evaluation

programs. (1) A State program under this

(FB: 9/09/80) ZW34

459.690 Whenever it appears to the department

that any person is engaged or about to engage in

any acts or practices which constitute a

violation of ORS 459.410 to 459.690 or the rules

and orders adopted thereunder or of the terms

of the license, without prior administrative

hearing, the department may institute proceedings

at law or in equity to enforce compliance

therewith or to restrain further violations

thereof.

459.992(4) Crilninal Penalties.

Violation of ORS 459.505, 459.510 or any rule or order entered or adopted pursuant

to ORS 459.410 to 459.690 is punishable,

upon conviction, by a fine·of not more than

$3,000 or by imprisonment in the county

jail for not more than one year, or by both.

Each day of violation shall be deemed a separate offense. .

459.995 (1) Civil Penalties.

In addition to any other peanlty provided by

law, any person who violates ORS 459.510

[requiring a license for hazardous waste

disposal] ••• shall Ireur a civil penalty not

to exceed $500 a day for each day of violation.

Criminal penalty ORS

adequate.

For final authorization

will need expanded authority

to assess civil penalties.

ORS status unclear,

see Rob Haskins lette, of

oce, 8, 1979, pr~ed

Regulations Rega~ng Public

partici§2tion in Enforcement, 44 FR 4 75f

Au~. 22, 1979

(see Appe@ x B page 9.64)

Department could' provide.
mil' OF FCRA WI'lli OREGON I»l 0'_.

R:RA~ 3006: STATE m:x;RJlM RECUlREMENl'S - ImmIM AU'IlDRIZATION, ~. FEDERAL B!mIREMENI'~U4~_CF1LPar!: In) OREroN Ll>W (ORS CH. 459)

Page 9.59

ON ORFmN Ll>W

• ';

1

Subpart shall have procedures for receipt, evaluation, recordkeeping, and investigation

for possible enforcement of all required notices and reports.

(2) A State program shall have independent

inspection and surveillancee authority and

procedures to determine compliance or noncompliance with applicable program requirements. '!his shall irclude:

(i) The capability to make comprehensive surveys of any activities subject to the

State Director's authority in order to

identify persons subject to regulation who

have failed to comply with program requirements;

(11) A program for pericxUc inspections of the activities subject to regulation;

(iii) The capability to investigate

evidence of viOlations of applicable program and permit requirements; and

(FB: 9/09/80) ZW34

459.430(1) The department shall provide for

the administration, enforcement and implementation of ORS 459.410 to 459.690 and may perform all furctions necessary for the regulation of the operation and construction of

hazardous waste disposal sites and, in con

sultation with the appropriate county planning

o:mnissions, the designation of such sites.

459.440(1) [The commission shall) adopt rules

and issue orders thereon, including but not

limited to establishing minimum requirements for

the treatment, storage and disposal of hazardouS

wastes, minimum requirements for operation,

maintenance, monitoring, reporting and supervision of treatment, collection or disposal sites, and requirements and procedures for

selection of 'such sites.

459.670 The department shall establish and

operate a monitoring and surveillance program

over all hazardous waste disposal, colleCtion

and treatment sites or may contract with

any qualified 'public or private agency to 'do

so. Licensees must allow necessary aocess

to the site and to its records, including' those required ,by other public agencies for

such program to operate.

459.660 (1) Whenever the department believes

that any hazardous waste disposal, collec'tion

or treatment site or its operation is unsafe,

or in violation of ORS 459.410 to 459.690 . or not in compliance with rules or orders,

it may, upon its own motion, investigate .the

operation of the site.

(2) The department may, after it has made'an

an investigation'under subsection (1) of this

section, without 'notice and hearing, make

such findings and orders as it considers.

necessary fran the results of its investigations.

(3) The findings and orders made by the department

pursuant to subsection (2) of this section may:

(a) Require changes in operations condUcted,

practices utilized and operating procedures

found to be in violation of ORS 459.410 to

459.690 or the rules adopted thereunder.

More specific ORS

may be needed.

Present ORS believed

adequate.

Present ORS believed

adequate.
.......

CCM".F RCRA WI'llJ OREGON UIW

R::RA 3006: STA'IE POCGRJ\M RFWIREMENI'S -

FEDERAL RJ:WI~

ItmIUM Al!IlDRIZNrION.m,-

(40 CFR Part 123) Orn:mN UIW (DRS en. 459)

Page 9.60

c;a.rom' ON ORB:l>N UIW • . .

,. ,....

(iv) Procedures for receiving and

ensuring proper consideration of information

submitted by the public about violations.

Public effort in reporting violations

shall be encouraged, and the State

Director shall make available information

on reporting procedures.

(3) The State officers engaged in

compliance evaluation activities shall have

authority to enter any conveyance, vehicle,

facility, or premises subject to

regulation or in which records relevant to

program operation are kept in order to

inspect, monitor, or otherwise investigate

compliance with the State program. States

whose law requires a search warrant prior

to entry conform with this requirement.

(4) Investigatory inspections shall be

conducted, samples shall be taken, and other

information shall be gathered in a manner

(e.g., using proper "chain of custody"

procedures) that will produce evidence

admissible in an enforcement proceeding

or in court.

(FB: 9/09/80) ZW34

(b) Require compliance with the provisions

of the license.

459.650(1) The department shall investigate

any complaint made to it by any person that a

hazardous waste disposal, collection or treatment

site or its operation is unsafe or that the

operation of the site is in violation of the

provisions of DRS 453.635 and 459.410 to 459.690

or the rules adopted thereunder.

(2) If, after making an investigation pursuant

to subsection (1) of this section, the deparbnent

is satisfied that sufficient grounds exist to

justify a hearing upon the complaint, it shall give

10 days written notice of the time and place of

the hearing and the matters to be considered at

such hearing. A copy of the carplaint shall be

furnished by the department to the licensee.

Both the complainant and the licensee are entitled

to be heard, produce evidence and offer exhibits

and to require the attendance of witnesses at any

such hearing.

(3) The commission, or a hearings examiner

appoi.nted by the 'o:mnission, shall hear the matter

and, after considering all evidence and testtmony

submitted, the commission shall, within 30 days

after the date of the hearing, make such specific

order as it considers necessary in the premises.

Any order so issued by the cx:nmissicn shall be

subject to judicial review in the manner provided

'by DRS 183.480 for judicial review of orders in

contested cases. The costs of reporting and

of transcribing the hearing for the purpose of

judicial review shall be paid by the party seeking

such judicial review.

see DRS 459.660 above.

Present DRS believed

adequate.

Need power of entry similar

to ORS 459.285 [SOlid waste) if DRS 459.660 not adequate.

Department has "chain of

custody" procedure (see

Awendix C',page 9.73)
,

Aa:w. OF RCRA WITH OREGON LAW

R:RA &~ 3006: srA'IE Pro3RJIM REOJIREMENrS - INTERIM lIU'lKlRIZATIO~,

FEDERAL LAW {40CFR Par~113L__ OREIDN LAW tons CH 459)

Page 9.61

CXJ+{ENl' 00 ORBDN LAW

:.~

e "

t:""

r'

£

123.129 Additional program

requirements for interim authorization for

Phase II.

In addition to the requirements of

123.128, 'the following requirements are

applicable to States applying for interim

authorization for Phase II.

(a) State programs must have standards

applicable to hazardous waste management facilities that provide substantially

the seme degree of human health and

environmental protection as the standards

promulgated under 40 CFR Parts 264 and 265.

(b) State programs shall require a

permit for owners and operators of

those hazardous waste treatment, storage,

and disposal facilities which handle

any waste controlled by the State under

l23.l28 (a) and for which a permit is

required under 40 cm Part 122. The

State program shall prohibit the

operation of such facilities without

a permit, provided States may authorize

owners and operators of facilities which

would qualify for interim status under

the Federal program (if State law so

authorizes) to remain in operation

pending permit action. Where State law

authorizes such continued operation

it shall require compliance by owners

and operators of such facilities with

standards substantially equivalent to

EPA'S interim status standards under

40 crn Part 265.

(c) All permits issued by the State under

this section shall require compliance

with the standards adopted by the State

in accordance with paragraph (a) of this section.

(d) State programs shall have requirements

for permitting which are substantially

equivalent to the provisions listed in

l23.7{a) and (b).

(e) No permit may be issued by a State

with interim authorization for Phase II

with a term greater than ten years.

459.440{l) (The Commission shall)

adopt rules and issue orders thereon,

including but not limited to establishing minimum requirements for the

treatment, storage and disposal of

hazardous wastes, mimimum requirements

for operation, maintenance, monitoring,

reporting and supervision of treatment,

collection or disposal sites, and

requirements and procedures for

selection of such sites.

459.5l0(2) tb person shall operate a

disposal site without a license therefor

issued pursuant to ORS 459.410 to 459.690.

459.505{l) Except as provided in subsection (2) of this section, ro person shall:

(a) Store a hazardous waste anywhere

in this state except at a licensed

hazardous waste treatment, collection or

disposal sitel

(b) ~rate a hazardous waste collection

site in this state without obtaining a

hazardous waste collection site license

issued pursuant to this chapterl or

(c) Treat a hazardous waste anywhere in ' this state without obtaining a hazardous . waste treatment site license issued under

ORS 459.410 to 459.690. .. ',/

(2) The generator of a hazardous waste shall

rot be required to obtain a hazardous waste /

collectioo or treatment site license for. I.

wastes produced by that generator and stored '... ,'

or treated on the premises of that .generator. \

This shall rot exempt any generator from

ccxnplying with other rules or standards for'

storage of hazardous wastes.

Present ORS believed

adequatel OARs needed.

Need to repeal 459.505(2).

Present ORS believed

adequate. o.a.Rs codified

in Ch. 340, Div. 62.

(FB: 6/9/80l 7.l-D4.A
- •..- ',. .... r; - ,

bet\·teen

-~rwa~~-; Q.cl<A- 300~

J\'PPe:N~I~ f\

-,

and

THE Pli3LIC UTILITY ccaarssros OF O?3C~:-l

In order to better control the tr~~s?Ort and disposal of certain

hazazdous wastes, the above named ?~..ies,enter into this m&!OrandU!!l

of u-"'lderstancing." ."

THE OREGON DLPA..~THENT OF E!\"VJ:F.Om·!EN'l'AL QUAk.-rY AGBEES TO:"

1. Design a Il".a."'lifest syst~ to Ii'.onitor ·the flo\-1 of certain"listed

wastes. DEQ will supply the necessary forms for said

system. The procedures needed to ;mple::tent and operate the

'.I, 2.

system will be determined jointly with the puc.

Supply to the PUC a list of the v~ste~ ~~d known generators

that will be included in ~~is system. Update the list

periodically.

•

3. Help Lmp.Leraerrt; t..'1.e syste=. by notifying t."le generators and

dispOsal site operators of its require=ents.

4. Assure generator ~nc cis?Osal site co~?liance thru

will be made to ~"le E~vi=or~ental ~~ality Commission to adopt

a rUle requiring the listed generators to co~ply wi~~ the

system.

5. Receive and analyze re?o~s gene=ated =y the syste~; and to

inform t~e PUC of any ap?arent transporter violation of

procec.ures.
TrlE PU3LIC UTILITIES CO}~SSION ~~?~~S TO:

- "

:.

6. Assume enforcement res?~~s~ility for violations of solid

waste or enviror~entally hazardous waste regulations.

'.

1. Hold rule mak~g proceedings to acopt a new r~le re~~iring

transporters of wastes listed by the DEQ to participate L, the

~nifest syst~~•. This would apply to intra and inter-state shipments.

2. Help implement the system zy notifying the transporters of

its requirements.

I

. 3. Develop jointly with the DEQ procedures needed to impleme."1t

and operate the system.

4. Enforce participation in ~~e system ~Y all transporters

of such named wastes.

•• •

Co::lnissioner

?~lic Utilities Division

~villia=l F..

Direc~or

De?ar~~ent of Enviro~~ental Quality
, "

r.

~·,7

--_.- ··v-

".

, .

CoI1~\~~;--R'CRA--~oo6-'-­

DEPARTMENT OF JUSTICE ~?P9J!)\)(:t3 POR.TIAND DIVISION

" SOO Pacific Buil~ing

520 S.W. Ya:nhtll

Portland, Oregon

Telephone: (503) 22~5725

October 8, 1979

Mr. David schnapf Permits Division (EN-336) . Office of Water Enf~rcement

Environmental Protection Agency , 401 UN" street, S. w. ~ashington, D. C. 20460

Re: Proposed Regulations Regarding Public Participation in Enforcement, 44 FR 49275, August 22, 1979

Dear Mr. Schnapf:

-.

r represent the Oregon Depar~~ent of Environmental

Quality (DEQ). Oregon has been delegated authority to

administer the National Pollutant Discharge Elimination

System (N!'DES) program. The DEQ conducts that program.

I offer the following comments 'on behalf of the DEO,

and -in response to the United states Environrnerrt.a'I Protection Agency (EPA) proposal to amend'40 CFR § 123.10(d)

published in L~e August 22, 1979 edition of the Federal

Register at 44 FR 49275, regarding public participation in

enforcement proceedings. First, I will outline t-~s state's

civil penalty procedure, then r will discuss how the pro- posed rule and the four o~er conceptual alternatives would

affect our program, and make recommendations thereon.

EPA ProDosed Amendment to 40 cFif'1123.10(d) - Citizen

Intervention bv Right in State Court civil Penalty Suit.

Oregon's civil penalty procedure is commenced by the

DEQ by the service of an administrative notice or notices.

A notice of a~sessment of civil penalty gives the respondent

an opportunity to have a contested case (adjudicatory) hearing before an Oregon Environmental Quality Commission

(EQC or Commission) hearings officer. " "Any pezson request- ing to participate before toe age~cy as a party or in a

limited party status which the agency dete~ines eiL~er has

an interest in the outcome ***or represents a public interest, II Oregon Laws 1979-, ch 593, § 6 amending ORS 183.310
(e

:,e

··Page· 2 .-_.

. "

may intervene as a party or li~ited party. It is unsettled

whether or not a person who has an "interest" or "represents

a public Lnt.erest;" must be allo·..'ed to Lnt.ervene , A limited

party has those rights which the Co~~issio~ by rule gives ....

1. '-.

" "The hearings officer's decision is subject to appeal to

the EQC by ~~e DEQ or other parties on the record made

before the hearings officer. ~,y party or ~~y person adversely. affected or aggrieved by an EQC order is entitled to· coa~ence a proceeding in the Oregon Court 0= Appeals to

review ~~e co~ission's final orde=. That review is gener- ally limited to the record made befo;e the EQC. If'not

appealed to the Commission, the hear2ngs officer's final

order' zsses si.nq a civil penalty can be filed· with tihe -var-:-i·

ious'county clerks· as a jUdgment and execution may issue

therefore:· :

It is clear that Oregon's civil penalties administrative hearings would not be affected by proposed 40 CFR

§ 123.10{d).The first point at which an Oregon civil

penalty proceeding reaches a state court is on appeal to the

Oregon court of Appeals from a final order of the EQCfollowing .an evidentiary hearing. Eo\o:ever, it is unclear whether

or not such a petition for jucicial review ~ould be con-.

sidered to be a II suit brought in state court. to recover . civil penalties x;';;' \I Proposed 4:0 CFR § 123_10(d) (emphasis

added) .

_ If not, the proposed rule would not apply. If it were

const.rued 2.S such a 1Isuitil, then pzesurnabLy Oregon would be

required to allow citizen lito intervene ;s a right", not

just t.'lose "having an interestll , IIrepresenting a public

interestll , "aQverselyaffected" or "aggrieved." It appears that Orecon would be reauired to amend its statutes to reach

that result. However, it is highly questior.~ble that the

public would benefit from such an exp~~sion of state law_

\: .. -~ ".

t

~.

e.

First., it is doubtful that an interveno::- who lacked

sufficient standing to enter the proceeding at L~e a~uin;­

strative hearing level and make his record ~,erein could

make ~~y meaningful contribution in a court appeal on a-·

record made by others. It is not clear what the "any citizen"

intervenor would add to the presentations made by those

parties now having standing that the citizen could not add

as an a~micus under nresent law. In effect, what the oroposed rule would require above existing Oregon law would be

the intervention of II a.ny citizer:" even thougb "tJ.'1at citizen

could not convince w'1e appell2.te court that~e had an~~ing

rneaninsful to contribute to the a?peal of a =ecord made by
:7~;::~~~~ ..:~. .. r » ~.

", .'

, o. r_

Ie

•

v~ I..Vl./CJ. 0, oJ..;;l I ;"

Page 3

others. To reauire intervention under those circumstances

would be of highly doubtful public value, but would cer- . tainly add to ·the complexity and therefore cost to the . p~lic of resolving suc~. appeals. •.

EPA Alternative Number (1 - Citizen Initiated State

Court· En orcement.

The'first alternat~ve ~nder c?nsideration bY.EPA appears

to b~ unnecessary and undes~rable 1n Oregon. It 1S unneces~.

sary because any citizen already has authority to initiate

enforcement actions in the United states District Court for

the District of Oregon under section SpS(a){l) of the Clean

Water Act (CWA). Furthermore, it is undesirable~ . ': •

Under our,federal system as set forth in the .CWA,.

Congress has given the states primary responsibility uto'

prevent, reduce and eliminate pollution." C\'1A §.. 10~{b}.:

The Oregon Legislative Assembly in the exercise of its·. . primary responsibility has chosen to give its DEQ" and local

district attorneys primary responsibility for initiating .. civil and criminal enforcement actions respectively•.

o The' 'legislature has chosen not to give' every citizen a

right to initiate enforcement actions in either administrative hearings or courts. Therefore, to require the states

to allow citizens to initiate enforcement actions would

require new legislation. Again, such legislation"besides being redundant, would be undesirable.

Oregon has done the majorit:j of its: formal· enforcement

through the assessment of civil penalties, as described

above c However, the DEQ has, auth.ority to conduct certain of

its enforcement in oregon trial courts, e.g., injunctions•.

oregon county district attorneys are elected public officials authorized to conduct all criminal nrosecutions including environmental cases.' County district attorneys

operate on limited budgets and therefore have the respon- sibility to allocate their resources--according ·-~their

determinations of priorities. It would be a usurpation of

their.responsibilities for the United States EPA to require those elected public officials' priorities to be dictated in . a given case by "any citizen" for any reason. That would

turn the state's "primary responsibility" on its head•

. To the extent that alternative number (J.) under consideration by EPA would not require the DEQ, EQC and county district attorneys to divert any of their limited resources,

but rather would be limited to allowing ci~izens to co~~ence

court civil proceedings only if w~e DEQ and county district

Q ( (
··"·e i . ,

(e.

Page '=

attornevin the exercise of their orosecutorial discretion

choose not to allocate any of ~~eir limitec enforcement

recources the~eto at that time, then the DEO. would have no

objection to such a reguireme~t, provided it is limited to

those same matters as are allowed under section S05{a){1) of

the CWA ..We·would view such a requirement generally as supportive~ However, it still wouYd require new legislation.

In our above discussion we have interoreted that the

alternative being considered is only the right to initiate

existing state court remedies,' not a proposal to also rewrite and increase the number of remedies available in

Oregon courts. The latter does not appear to be under. cons~aeration and therefore we will not co~~ent on such a

.' --p6ss~bility·. Neither does it appear that EPA is' considering

requiring the states to allow "any citizen" to intervene in

cases other than court civil oenalties and administrative

enforcement proceedings. In o~~er words, it appears that

EPA is not considering requiring the states to al~ow tI any

citizen" to intervene in a court suit for 2..:."1 injunction. r s

such a possibility is being considered fair notice would

so inform us and allow us an opportunity to comment; thereon.

. EPA. Alternative Number (3) - Citizen Initiation of ~d

Intervention by Righ~ in S~ate A~~in~strative Enforcement

Eearlnas . -<

The state of Oregon as well as many of the states

-throughout the nation are suffe=ing a severe financial

crises.. Responsibilities to conduct important regulatory . programs have increased while funds available to finance

those oroararns have not ke~t Dace, or have even decr~ased.

This has caused serious management problems for allocating

scarce public resources. Congress and the Oregon Legisla- tive Asse~~ly have given the DEQ and county district attorneys the responsibility of allocating the limited environmental enforcement resources of this state. The DEO has

primarily allocated its limited enforcement resources on

prosecution of civil penalty cases before EQC hearings

officers.

Those hearings (including the hearings officers costs)

are fully financed out of the DEQ - EQC budget. None of

those costs are passed on to a~y general justice agency budgets. All costs corne out of the DEQ - EQC budge~s. To

Lhe extent that EPA Droooses to reauire Oreaon to allow any citizen to directly lnitiate a civil penalty proceeding before the EQC and its he~rings officers i~ would allow anv

citizen £0= any reason, legiti~~~e or a~bitrarYI to expend- the state's limited resources to hear civil penalty cases
Page :>

and conversely would prevent the DEQ from exercising the

discretion the Oregon leaislature has deleaated to it to:

allocate scarce enforcement resbu!"ces in a--rational manner.:

It would allow "any citizen" to dictate the DEQ's enforce- :

ment priorities rather than its publicly accountable appointed officials who have been duly delegated that responsibility.: :

Such a result would have .to be accomplished by new legislation.

In summary, to require this state to allow any citi"zen

to initiate a civil penalty proceeding before the oregon EQC:

would constitute a serious threat of undermining this state's

effective and efficient enforcem~nt"programand an unwar- ~anted intrusion upon this state's primary responsibility under the CWA. I .

"To the extent that alternative. no: {3} would requi.re" the EQC to allow "any citizen" to intervene in an admini~""

strative hearing commenced by DEQ, which citizen" does not

·have standing to intervene under existing law, it would " appear to be an unnecessary complication bf the proceedings" • Of course, if "any citizen" could intervene, then any number

of citizens would have a right to intervene and be repre~ " sented by counsel, cross examine witness, present argument r

etc. A simple· administrative enforcement proceeding could

be transformed into a legal jtU,gle. The added complexity ~nd therefore added time devoted to the case would me2n

added costs to the EQC and DEQ, and realistically, fewer

enforcement cases they would h~dle on a given, limited " budget. Existing enforcement on a finite budget is effective and efficient. To complic~te the proceedings by allow~

ing anyone to intervene would tend to undermine the effec- " tiveness and efficiency of Oregon I s enforcement program. " New legislation would be required to allow intervention by

any citizen.

EPA Alternative Number 2 - Award of J...ttornevs Fees

to Intervenor.

Under existing Oregon law, the only intervenor that may be allowed attorney's fees are those-that are successful petitic~e=s on judicial review. Those awards are discretionary and are paid by the DEQ. It has not been determined

whether those· awards include amounts for services at the aQ~inistrative hearing level. To expand the right"to attor~"

ney's fees to all intervenors in appropriate cases in court

as well as a~~inistrative hearings would =e~~ire new legislation.

Wi~~out ~~owing what criteria EPA ~~i~~s constitutes ~~

"2.nDroo:riate case ll , it is'almost imnossible to -orepare a

responsive cb~"ent toE?A's proposed alte!7!2.tive un~er
_..•

fe

Eage b

consideration. Of course, an increase in ~~e availabilitv

of a;.;arcs of attornev' s fees fc= intervenors should encou::--

age lliore interventions. We have had no intervenors in the vea~s _ - i~_.. "hJ."ch ft. ·he 1.... D~O__... 'n~s an~i~is~eTed •• _ ••_ I.. _ ~h~ ~._ ~~D~-PT .L.~ __;:) -0<;.. a,141.

We have run a successful enforcement progr~~. We see intervention as a notential comnlica~ion and therefore a threat

to dilute'our-enforcement resources. Additionally, payment

by the DEQ of additional attorney's fees awards ~ould constitute a drain on the DEQ's linited resources. Therefore,

we do no~ advocate increased encouragement of intervention

through any increased availability of awards for attorney's fees.

,

EPA'S alternative no. (3) does not address the cuestion

of '20\0: arcs of atrtozrreys fees to citizen initiators of-admini..' stra~ive or court enforcement actions, therefore we have not

discussed that possibility. If that should be considere~)a

fair notice would allow us an opportunity to comment in the

future.

EPA-Alternative No. (4) - Publication for Public Co~~ent of All Proposed Enforce~ent Settlements•

. The DEO,does not nownublish for nublic co~~ent all

proposed settlements of enforcesent proceedings. Some

proposed settlements are given some publicity. All proposed

settlements are public records subject to public disclosure

on reauest. There has been little nub~ic interest in Orecon

regarding settlements. Few if any comments are ever received.

All comments are considered. It is unlikely tihat; anY'reasonable scheme of publication would require any new legislative

autnori.z ation.

'It is difficult to prepare any meaningful comments

recardina a vaaue nronosal to uoublish for nublic comment;"

without ~~o~ing any details of such a proposal. On the one

hand the DEQ - EQC settlements stand the light of day.

The state has nothing to hide. On the other hand, we are

not interested in being tied do~u to any elaborate, c~ersom~, time consUming and expensive publication requirement,

which in the vast majority of cases would evoke no comments

and only delay implementation of the settleruent agreement.

Neither are we interested in hearing nit-picking C04~ents

after the fact from notential intervenors ~ho failed or

refused to attempt to intervene prior to ~~e entry' of the

d ........ , .... propose se~~_emen~.

Host of our settlements ate negotiated" between the D:=:O

and the res~cndent and are subnitted to and actually approved

by the EQC at its regular month~y meetings. Most of our
October 8, 1979

Page 7.

cases are small, i.e., under $10,000. ?eonle who are inter.

ested in proposed-settlements can usually keep themselves

informed by attending the co~~ission's regular monthly . meetings. We would find excessive and un~a==~~ted any EPA:

reauirements that would dem~~d more than the normal notice o~-andopportunity to co~~ent at the EQC1s regular monthly: meetings. ..

Thank you for the opportunity of making these comments.

ely, .

i I ~}I ~. fl·.;: : ..

, L/{cA" ~.~:. ert L. Haskins . . . .. . Assistant Attorney Genera~

11.'1{

cc: \'lilliam H•. YoUng Fred Bolton

Harold Sa\o!Yer
OE?ARTME:NT OF THE TRE~SURY

lEE-s:3-79} Y.1-ttTa:::: Exemption for Cer.ain l r Athletic Organizations; Public

Hea 9 on Proposed Regulations

.iCEHC"r. I:1~emar Revenue Service.

TreasW"'j.

A!=TION: }>-.lblic he~g 00 proposed

regulations. "

~d~ tZe Resot:..~ Co:::se..-/ation d . Recot'erj" Ac:: ~e U::::c.e.o-..=ti . '. . bje~on Co!lttol pt"O~ 'I:.-:~~ Ge ."

Safe D:il:i.lc;"g \Valer Ac:: 0: ~e

~ati~::e1 Pollct~t Dis~c..~

D:-;"a::ion Syste::::..or ~c~~:\';04 .

pro~"-" unC.~ Ute Clean \,\..ter Ad .

alia...... cir.:2~ to intervene o-oi ~tin

Sta~e e:l!orce::1ent actieas, "

OATE: Coc':"';'e.:lu c::::st be ::-e~ivEc·Dy·

Oc.:c~ 9.15'73. ', .

ACOn£SS: U:looents shoclci be." -

subcitted to David Sc-'-..na~:Permits .'

Dh"ision (EN-336). OSc: of\'iate.r • •.

Erlo:::eme:ll. E.·wU:t)n:J~talProlec"Scm"

Ag::::y• .roI M Street. SVa". \\'ashQ?;ta:lDC ZC";60. (zm) ~'" "

A.cooy or all c::H........ eets reeelved "'-ill

be a..-allable for review &":"6 nOr::2zl

busi:ess hoUrs artae E::\~:lmen:al

Protecticn Age:1CY. Puhli: !.-.Ic:::Iat:~

Re:e:-ence U::it. Rooe:s::!...ro1 M

S:net. S\\". '\'ash!:l~oc.DC ~so. " , F~ F1JROliER JHFORMAOlOH COJorrACT:

Da~d Scilr.ap£.. Pe.r:::l.ils Di~.sion cr:'t536).OSce o!Wate.: E.~o:cement.

E:wironcentaI Prote~o:lAge~cy. M·

Street. S\V. \Vashi::.gtor.. DC ~6Q.l~l

i55-Oi"50- ' .•

SUPPL!:ME..-r~y lHFOR~nOH:OuJt::e .

. H. 1979. EPA proposed cc::.sollda ted

pe.-:::it regulations wbic ccluded,. as ~o

.G"it Part lZ3. I::l..i..n..:mu::l :eqci%"eml::lts"for

States v."i"l..inglo re~ve or mamtah

au6crity :0 ad.:::l.Xis:e=~e Ha:Ci:'coc.s

Was:e ~1.a:lage.!:le.:ltP:'og:-a.::l \l.""lde.: the

Resocrce Consen-Ci licn d Recove.:y

Act (RCRA.J; \be U!lce;c--~=dmjectic:1

. C:m~ol (UIC} prog.~ uder Cle Sale

rr.-:wF::.g Wate: Act (SD\'IA); cr the.

National Pollutant Dis:::llaroe .

rjj... inatiO:1 Syste.::l U'i""PDESJ. or sec'Jc~

p:o:r~ under c.e Cea.::l \Vc:ter

"'Ac.. As par: of tbese z::.:.-bcm .

" reqcire::::ents EP.o;. s-~ci5ed a range or "

mec:hanislru5 to e.."lS~ ~t Sla 1es have

both ad.eqc3te eniOf'Ce.::leot autllority -

and allo...... adequate pt:.blic par'.icpE.lio:1.

b ~e ad--i-;stra~oo of the ~ro~ b.

that proposaL howev!::.:::?A i::dic:.aterl

'L~at it did not be.Ueve it was nece"sa:j .

1::7 pro\-iee e ::sr.t ofc::~ i::~~e::~oIl.

- .in State e::!'or:::ecct a~cn.s to satiS:J

the,e objec~'l::t..

EPA b~:! reass~se= \be necessity for

re~cir..r.g the OP?Cr.t=i·tj for ccen

i.:::e..-ventiC':1 i:l Sta tc: clof'C'e:I1ent:: "

lipt of t:e C?ir.ion c! t.~e Ucited S~:e,

Court of Appeals fot" :be:Se..-enCl C: _oil

in Ci~_.:s for a Ee!:J::-!:..,vfr::J:uTfCl.!~_

E:a-i.-:;::.-ru:::/a1 PJ"O~"'::1T .A..g::7t:j. -

"'C3":-p'o. ;a..."l~=' c.e:::ced lamla:::e..

1S:;:?: Pe:ioc~ ro~ :-:!-~a~..-:; ce:li~ May

15. IS7S: S~aj of e::!o~=e::~ of c~c:'

t='a..~t!:d ~{2Y 3Q. !s:"9}. 1:: t::4t o;>l::.io::.

~e Co"ilrt. rcli::g on a c.:a.!!e.::e:e to tbe

AC=:"-':s=-alor'!> ap?;-ovai oC t.':e Ir.1:1ois

1\?O::5 ~.osr2.=- l::e!::' :::..t tr.e Aoccy

."

SUW.4;';;r. E:?A propcse-s e. rde rec;~":_""'.O

~at Slates wishj~ !o .:~:ve at"'

r::aUJlair. BCt.~O:-:~)' to z-::..::"-=.n5'leTl.~e

Eaza;-Cc;.~ Vlz"l: ~.~e:lz:;~e:'it~;;--=-=t

State Program Require.r.lent3; Public

Participation In Enforcement

ACD-lc-r. =:,.,\-ircir';;e~al?:"".Jtec:ico

A"g~Cj.

ACnON: P;opos.e:i R'.lle." .

ENVtRONMENTAL PROTECTION

AGENCY

[40 CFR Part 123)

. (FRL 13ln-3)

co::s::~ti~::Ancce. N.V:.. \·le~hm~on.

D.c. ZC:.:!';. ZY.!-5s-3935. net e loIhi:ree

call, ." "". ... SUPP~M£HT:'RY 'NFOitM:.nON: 7he

subject oi the p:J.bUc: hear_-.z:s p:oposd

re~aUoIlScoer sectior.s!'-;) and sq

of tae Iateraal Reve:::ue Cc::~ of lSs.;. The proposed regulations a;,e~=-ed:n

the Fecerzl Register for Tht:.,ca~·. May

"10.1979. at page 27~6 l4-; F? :V';';Sl.

The ru!~s or § 601.6O'1(a)(3} of tbe

Statement.ofProceoural Rcles (25.CF:t

Part 601.) shall ap?ly witb respect t,:·the

.public hearing. Persons who have .

submitted written C:JI:l=:en13 within the

ti::le pre·sc.~bed in t!:Ie notice o(

prcpcsed ruIe:"e.king and.also desire to

present oral co=enu at !be hea.rin.g·o:

the proposed reg-.1IatioIlS sbeuld s~bcil

an out!i..~e of the com.t:::ll~!lts to be I

presented at the hear41:6 a.:ld the fu::e ."

.they ,,'ish to devote to each subject by

Septe~ber2.;. 1.979. Eac s;eaker .....ill .

be limited. to 10 m:"'utes for an oral

presentation exclesive of lbe cOIlSU::d

by questionsiroe. the paael fot the

govemDe.::lt aad aIlSWe.--s to these

questions. . . .

Because of coc.t:"oned ac::ess

restnctic::s.itte:ldeesca~otbe

admitted be}'ood !be lobby of the .

Inte~ Reve:lue 3uildi.-.g t:.:ltil 9:~5 ;; ....

. An agenda siiowbg Ge s±ed~or

the speake.""S will be made clter otlllines.

are received from the spealce.--s. Copies

of the ag~da will b~ a"'2;~2b1.efree oi .

cha..-ge at the hearing.

This doc.:.!Ile!lt does cot I:leet the

cri~afor sign.L.='ic.a:;lt reg-.:latio::s set

forth in pCiIagraph S of t::eTreasury

Directiveappearin& i:l tbe Federal

Register tor WecinesCaj". November 2.-

1978.

By dtr:c=cm of the Co"':'_:u.:C!1t:::' d ;

lnlene:i Revenue. "

George H.le!ly. "

Di~:Dr. fr:oJov~ Plcn$ end E.x~:np!

OfbO.-.i:c:i~mrisior_ .

(Fit Ooc:. n:.d t...;J_ .. LO:j

B~~4=-<1- "

.'

.". .- '.

Internal Revenue Service

{21$ CFR Par"...s 1,20, and 251

/ . "

. .

:~crity ort:e coc:=.a~cer c::er ±.is •

:o;::a:: b t::e eveat ~at De . " -

-·::-'::2.:1ce: a:d p:1ctare b~L'l nor able

; c:a.-:v out t1:e~ ch:::ie~. • , .- 1j.· ·Vlc~ "•...•.. "

(c.. ;;~C:::1el beard ~' sr;;

.:ght are subject ;0 the aotho:::y or tl:e

""--a:-de" 2-"1d shall c==-..i'c:-:: to =s/be:

;de~ ;nd'Cl:ec1ion as a"uUlo~::ed by "

iis Subtlart. ., . "

(0) 11:1s re~aco:l i~ a regl:1atioo .

.r.t.'1L"1 Ue :nesr.i~S'of 13 U.S.c. iW. e=d

...hoever wil..4;illy Violates. atte::1;>t.s to

riolate. or c:::ns?in:~ to nolAte Wj' . •

~\'ision oi this Subpart or a~,! order or

ii..-ecticn i3sued ux:c.e: ±is St:bp~~ shall

ce fi."1ed not taere tZan 53.000 0:

u:::prlsoned net more than 1 y:ar. cr

both..

Robert A.:FfO~C;

Ac::f:-;is:r.:tiJr.

Al:o-usl 1.3. 1979. . (F'R 0- :S-~,.J.el &-~... L:U .=f

BI'..:.ncG eeea ~'O-O1~

." -

SUMMA'RY: Thi, ooC'U!:)e:lt pro\-ides.

notice of a public heari.-.g on p.roposed

reS'Ulations rela tir.g to the exemption of

certain ameteur athletic orga...,j::ations

from tax and tile deduc1ibili:y of ""

contributo"' to 0l6snh:auoa5 that

qualli'y fer L,e exeoption.

OA,....c;S: The public hesri~s ....·m be ne:d

00 Ot:toOet"9. 1579. b~r..ni:::s at lC:OO

a.=... OutlL'1es of oral c:::=e."lIS mast be

deih'e:ed or c.a.ileG by Se~le::lber 24.

1SiS. " ..

AOORESS: Tbe pt:bllc hearing ....-ill be

held in the I.R.S. Audilcriu:::. Se\'e-:ltb

F1oor.1<COO Co:ricor. lnte:IlaI Rever:ue

• Bu:ldini ~1l ConstilutionAve:1ue.

N.V.'_ Wcts::'''lgton. D.c. T~e ou:~i:1e, .

snocld be subdrted to the

C=:::-,,:::,:sJ:ic:le:- of lnle.--:uJ Re,,·e:ue. A:tn:

_?=:!.."O..:T {E:=:.-5~79}. Was~-~o~ D.C. " .....; ...

r·.: 'R'7"M~ J~FOTHol"'i'lOl'i COHT"CO:

oe BraCiey or Oaries Hayc:en of

'l., Le··· d P. I' " ... e 6-siallOn an .e~J aae:1S .

D:>isiotl. esc: or C.'-:ief Cot::nsd. • " L~le:":12i Re ver.;,:e ~;-;;C:e. 1111

"-..

--- ,
, " .

./

I . 492i6 .Fedezal Register I VoL ~. No.1&; 1- ...·lec.1esCay. August Z2. 19;9 I P:ooosed Rules

[40 CFR 180]

(?Pl!E....--o~a:?117;Fnl. 1302-7]

Pesticide Prosrams; Tolerances Z,-.

E:xemplions From Toler2nces for

Pes1icic~ Chemi::als. in or on R2""-

:"9fic~I::1ral Commoc:!i:ies; Propose

'cleran::.. for L~e Pesticide C:-:e;.:.

C:-tlorpyrifos

AGc~C'r. O:::ce of Pes~cde P;-o~c.=

:::",v:.ror:=e::~al hotectic::l r.£e:;c:i

.AC7l0X: ?:-::?Osed r.:le. '

• • .. . Cd)CI) •.s.::y.State,ad-:";s:e.~ a

pregraza shan J:ave i.utACiiti·w\,;c:;:

r2llciws c=e::sml:ter-..~' a3·ar~

~v rol broU¢hl mSlate'c::::niit 10

re.co~e-.c.upcizltie.s.i~ any cith.!!'

~olztic:::s ~eci pe.re.g:::Zp:·{2 j; of-thi,.;eetion.....·--: _. ;.'

(2) ;,.11 ne...... prep..... ~ust c0:::1p1:

with this paraP'3PQ upoo approval. ;

approved State h'?DES pro~am W::1

requi.res codi5cation to ce:.!.,):::M te :

parag;-ap!: shil be so ood.i5eci \'o;~

one yea! oC Ui~ date of p:o=~lgat.:=:

• t!::..is pa..""2~pb.. des.. the S~ate :::::..5'

amend or cact a st.atut.e i:l o:"de: t::

cake th reqcir.:d moc:.:.scatio:l b w

case su~ codi.;catioIi 5::a11 :a.ke ::.;~

....iLIU.' ~o yee."'S. .

!ril Oox..~_-...;e f'il..:l6-::_'""lt I;~ &:I)

BIUJ.'iC c::c£ .~

SUMM.Ail'r. This I:oti~ ;:roi'OSCS~!

tolera:lces be est2bl1snec fo:- res:::-.!:

L"Je i::se:ti::ce cl:.lO!?~ _::05 0= :aG:!:-

l!:ld rut;:~aS2s at :I ;:a.:-'..s per :-J!!::::

lP;:'::l)· T.::e ;::o;Jcsal was s:.Jb=:tei :

l..~e !.:::e..-:-e;ic::a.J Re~e=--~ ?:-oje:::~,

'7'::":5 :"'ee:.:!c~o::. "·cdd estab!.:sO

~a;c""~ pe::=1ssibie ie..-e:5 ~:::~ ~sic

, cf c.":.!o~r::!os 0:: :a6~es a::d

rutacasasCATE: c.:--.. ~:s -··s· lee r~-e;''-e,J - ~o:... __ .0. _ Sa,..e_ :::-::~._~- ... ~:,_ ::i,;:o.. -. - 0_

parti'::~atiO:1 b e::!or:e~ent are

welco~e.a:::-""""·"~s:o-~~

rob=:ti:L-d by.CJcQ:>C £.~_

Note-T'lle :-'-v\.OOQ=Cltal ?roteeo:!

Agency 1:11 c:te=--=e'd ~t t.!:.i, c!oc-~t:

coes :lot C:l::s::ute • :nio: ~2atic=

:-eqci:i=~ il-~a.....tiC:l or c: e::co:!c i:~.

Ilatce:l cde." ::Xec-.1!ivc cr.cc: 1Z).;.L

Date: .A~lU ~S'i"a

• DoupaJ CAstle; - •

Adminisi:c:Jr. "

Subpart A-General Progr-am

Requiremenb

. Proposed c:::rR ~Z3.10 ('"

02 Ol:.::eH. 1S79)] is proposed to be

aoencied by addi:l.g a new pa.-ag:c;::

'as fonows: " ".: •

§ '23.10 EnforCement &~rny.

had not adequately i=pte::lenled the the Slate of ;'J~:aoa iD aJ:2cnd:::3ents .l~

requi.~oents o1?ublic participaticn its water polluti:::: c:t;o) statut~ r

C!lnlai::ed b sec-Jon 101(e) of the Clea:1 E?A is al&0.e'lalu2titlg 8 Dl:II1b:r o•

•\'1aler AC'_That sec:ion provides t.':at: o~er cecha:is:=.3 to e::su..-e public

Public putiCipation 1n t!1e· •.•' .. . pa.~ciP2t:O:' b e::.!ol"Cel:l~t. "~

enIo.-cece::.t or a::.y ~atio:. slll..::Ca.-d. Toe alter:ati,;,es :::1der considersjon -

c!:luer.: ll::itatio::. pia.."\ 0:- &::.7 P:-::l~ ' .. by F:PA ~::lc:!e :-eq~-e~e.::It5 .tha t," •cSlablid:ed by ~e .-\,:-:.,ist;-atcr 0: a::Jy State . (1) C!:::::.s be allewed 10Cirect.y

~c= this Ae: ,Whe prc"iced !qr. initiate enfo;-:.e- eat ac~Ol".s in StaIe

~coW'aged. and ."islec by t!:e court:

Ad-i-ise-atcT. and Cit Statea. The (2) States 2t1tbrize the award or:

Ac:.'"':l.ini3t:atc:. b QoperatioQ with t!1e Stales. attorney's Iees c:::t:i%e: bterve:Jors

ball d ' • Ie" le l' , e'Ye:Cj) a=C1 il\l.~' .. regu:atio~ wbere appro~rie'''' .

Sil~Jt":;..:?=i=l\:=:: s:.I-l'·J;~~s lor public (3) Cifue::.s be'illowed to initiale or

p&r.:ic~atlo: 1.=4UC proC2SSes. intervene as a r-Z1t in a.ny .

, The Court concluded ~at Cle aC:::llcisbtive ~~~ed:r.gbrought to

Ag~"'1CY's e.xisti:g rejiclati:r.u. which e:.i'orce ele::e:Ju of the program; and

_ require 2.CC~ ether t~j-g, that States (~) Slates in:b~h ior public COmI::e:Jt

have prcvisi~Il3 Ior receipt of ci:iz~ . '~y proposed se:-Je::ent de CU1 action

compleints e.nd provide the public with brou8ht lorviol..=:oI: of a ?Iale pro~

. _ access to r-t"FDES per.;:it data, do not "" ,SU:al.approvd 1'l"?PES States may.

ensure public; pa..""ticipationin the ~ot now Satisfy ~e l-':;'eJCY's proposed

eniorceme~tproce53 itself. The Court. n:sulatioc. c:ey will be provideg one

.howeve:. did nol speci.ry what year fro:: C:.e ca:e ci promulgation of

provisioz:.s might be required, ;'.lthough these ngclatio::s to cccply•.Ttis period

the Court invalidated the will be extenoec 10 two vears fot'those

States in wh1Ch s:a:-.Jtory- caac...es a.-e Ac!-;n;stratO':"s approval of.the Illinois c

l-o"PDES prog:rac. it,has stayed the required. roe preposal would re.qui:e all ~nforceme::t oi its order until February new prograt:lS. w~ethe: under !\'PDES.

23. 1S8O. in order to provide EPA aD hazardous wast~ me or seCion to

'opporm.."1ity to revise i~ re;p11ations.. coopty with th.!,:equireJ:lenl upon . . : approval Sia :es seeici.'1g ~le::.!:1 . In response to the C3E d~cisjoc. "="CA au~ori:ation to 2d-;:uster a ha=u::ious

js today propos~ a rule whicll will . ' waste progra.::::l ·....ould Dot need to

require thai States wisn..u.g to receive or pro...ice C::~e.:1 t:terventioD to show

t::aintain a'l:tbority to .ad--i;iste: tbe "substa:1oal c:l==1iance" witb § lZ:;:2o.

NPDES. sectioD lITC or bazzrdous Cong:-ess. i:1 c~ciit::o:l to its canee.--:::.

waste progra.::::s allo"'" d~=e~s to, for public pa..-:ic~a=:or_::a5 expressed btervene as o:ri21t :, "r:v 'vii ac~o its btention to Feserve the primary f'C!.:.Zlt L" :>tate c:>u...-; ~~ O-:;,.,_D l' ... f 1.. . responsibilities c..:~a ris-ts 0 ~Ie Stales e~e::lents 01 U':e t:rox:-a=.. AJ:hocgh CEE to preve:iL re:::u:e a:xi elb;~ate

oealt wi:.;, proVls:O:lS C; 'the Clea.n Water pollution ....i~., ~eir borders. Toe

Aet. sU::illarity in sta tutory language aud Agen:::y is seeq to bala."lce these

cOIlgre3sional i::lte.... t t::ay wa:7e.Cl objectives by e...!:_,g mear.i:l¢-.l.1

exlensio:l of the Cow..s holding to R~ public parti=~a~::;ni:l a ::::::ar:.ner

8::ld SD\'lJ-... Tnis p:-oposed re ....islcn of CO::lsistenl wi~ :'::e S:ale's ~anage:::e::lt the p:-oposed consclida led per=il o f I", ',_ gove:'r'..:=e:::c.,.cpe:"tic::s.

'regclations wocld apply C:is To assist lZe ;'.~e=:::f i.:J Litis task.

requir'e:ne.,t to p:-c:ig;a:=s t:nde: all 6ree public CO:::.!:l~t C:l :he re~ation a:ld

Act~ One ptU?0.:oe of the consolidated sd:iitional :;::-::;,,-1s;o::.5 p~posed today _

n·~..:1.3tiam is to establisb ccns!stet::t are solicited. :-:~~~e co~er:ts ~i.!J p:ay

r e<ruire:ne:l13 icr State prco=-a.::.s. an b?orta..-:~ :-:ll~::: "'"_;"-:'=6 at a fi..-:'-'

Under this p::::?osaL dtUe:ls .....·ould be reg-.llation. r~e ;'-2e:J~' spec:iiicaliy

sDowed to bte..-ene i:l aC".io~ b:ou~t :-eq~ests that S:a:~s subtcil in."o:-=c :ion

L"l Stale court to recove: ci ..il p'e~alti~s aD w=:e:."Jer 5:~:-';::l'i cl..;:"ges woclc be

Ior Violatiocfs) of a....y ~?p!i::able pe::cit reqciTed 10 u::?ie=e::t tbese provisic:-.s

te::n or conditio!l. 2.:.y notice or 2~d the alte:::a o·.·es bei.'18 considered..

re?or.i.~ reguiie~:lL any duty to allow Ir,,:or::1atic:: 0= ~! e:;ec~ of 2 State's

bspectio:.. entr.l 0:- o~er ::lo:litoring r.:les of civil ;::'Cce~::...-e or other sp.ec::lc

reqcireoe::L or any ru.!e'-reb'.:..Iatio::J or i=ler...entioo s:ar.;:e, CD t=e r:gbt of

oree.:iss:Jed by !be State. T::is p:ovisioc ci~e::s to i::te,..~e i.::l S:ale .

will gi'/e c:::ti::e=:,., a rig;:t of pa..'"'ti=pa tion e=.;''o."''Ce=.e:01 a =~:::s or a":-:-"':s~a :lve

i::l State e=Iorce=e!:~ 2::::::0::S i:: ::ost p:ocee~es :~ s~:":=,e~ Cc==e~t.s :..'"':

res?ect3- cc=;;a.:a~]e to ~at ......!:.i~ Liey 21507"ecue::;:e:: == :=e decsic=. to ex:e~d

now e:1jc)" i:: F~ce:ai court ;n~:7i:';2..--:t tt) t=Js ~q:·:"e=!=~ ~: t..':e .;..c..; d:ec~e c: 5ll

se:::io:: .5C5(b) of :he wea:J \'late: Ac-.. p:-o~a.::J ::..~da: Co':';''2..-:= to p.-og;-a..=..3

3e::::io:: ,OJZfc} of RCRr. a::c se::::::o:J 'l:.:~ce.: RG..; a..::c S:i"',';,_ ?~c!1y.

1";';Sr":l) 0: S:JWA.. A si.::::l~ ::s=: of . cc=e=:..! s-.:;.;,::s~-~ "c!c;:ic::aJ

i::tervenUo:1 was ~e::e~tJy e.=ac:ed.by alte:-::;;:;:·..es :"::.a: .....=~= ;:~:::cte ;::.:::';;=

Q,77
1234 S.W. MORRISON STREET • PORTLAND, ORE. 97205 • Telephone (503) 229- . .

DEPARTMENT OF

ENVIRONMENTAL QUALITY

~M~t2i~~ : t<.M ~t.e::,

I\W~ND(~ c...

Date

f*

,,-L t : Subject ::--- '. .:""l ',,{.. ;: '-

" ..: ".

.: :. . -. ;.: "/ '. • of. _ -."! •••."'-." I . . ' .

-'0 '.' . ....' ,

(date)

(number)

at j,' i'., • , ~~ sample bottles were transferred

(time)

(date)

... _* .'~""

(name)

..... _'

(name)

. ,.- : '. oJ • ."

These bottles pertain to an investigation conducted on ---'-...,..~--.---

;- .

from .-. . to ---------r-----.----~--- -----------.----,--~---.:----

(name) (name)

19 .,.. by --' -------r----~-----'---

and are identified as the following:

(signature) "

•

Subsequent tr~nsfers:

(signature)

Ut/'/I , C:j7r -'\--i- v U
8·.

···' ......• ....f

State of Oregon

DEPARTMENT OF ENVIRONMENTAL QUALITY

Doug Fral~y

s. 154

INTEROFFIC= MEMO

Date: Hay 14, 1975

From: H~rren C. Westgarth

Subject: Laboratory Capabilities For Spill Handling

In the "Fish Kills" situation of spills you referred in your May 1~,

1975 memorandum to three items that I vi11 try to answer.

•

1. Chain of custody:

In all laboratories of the State of IOregon, the procedure is

essentially the same:'

a. The sample is taken by qualified people in prescribed contai.ners

and is shipped to the laboratory in sealed condition.

b. The chief chemist or other designated officer receives the

package, logs it in by s~p1er, time: date and vital.statis~ics.

c. He either assigns it i~ediately for analysis or puts it i~~o

locked storage for future work.

d. As analyses are done each move froo storage to labor~tory a~d

back is logged.

e. At completion of anal~ses, reports are p-ade by officer in c~arge

and remaining sample~ are retained in storage until released by

appropriate person.

2. Analysis capability:

a. DEQ laboratories will provide' cleaning house liaisen on a1:

types 6f samples except pesticides.

b. Pesticides samples may go directly to Oregon State Uept. 0:

Agriculture laboratory in Salem through Plant Divisions. ~ith

these pesticides samples a call should be made to DEQ laboratories

to see if split samples for otner analyses are neeced.

c. OSU has capabilities i~ 22~Y areas. DEQ laboratories will

coordinate and find expertise as required ." __ '~="'_"'_

d. EPA laboratories have e:~ertise that D2Q laboratories will

request as needed.

e. Private laboratories ~nc industrial labor~tories ~ay be used if

specific products are involved that fall outside the range of

state laboratory cap30ilities.

J. :lanagement Limitations -

It is preferable to z,et s2~oles in early in ~he we~k, but s?ills are

not r e s pec t er s or t i.me •. ,\11 l.~;)or.=itories w i, 11 try to ::;ear f o r

e~ergency action as neede~ .

jh

c c : Fr'2J ~1. Dolton

D.IVid ~-l. 1.l'Guinn
i~,-.

\

PROCEDURE OF HANDLING LEGAL SAMPLE

Before a legal sample is shipped, record the DEQ padlock security seal _

number on the data sheet and pla~e data sheet inside the ice chest along with

the sample. The security seal has seven digit number. Then the chest :i-s -

"locked" with the padlock seal. Once locked, wire cutter is required to take

it off. Upon arrival at the DEQ Laboratory, the seal number will be recorded~

showing evidence that the contents have not been tampered enroute. -

When Legal Samples arrive at the laboratory, fill out the legal Transfer:

form (DEQ/l-I05/76) in triplicate. Use ballpoint pen, making sure all three

copies are legible. Fill in all pertinent information, identify sampler containers by number, size, labels, etc. Both the p~rson delivering and the person

receiving the samples sign the form~ (If the samples come by bus, record security

-sea l number in -the legal t ransfer" formandatta.ch the busb i 11 to the white -copy

of the transfer form.)

Distribution as indicated at the bottom of the form:

White copy to legal File.

Pink copy to person delivering the sample (mail to collector, if samples~

sent by bus).

Yellow copy to be stored with samples in the locked refrigerator.

Record the samples -in the log book provided for legal samples. Except

when removed for analysis, samples are stored in the locked refrigerator. Each

time samples are removed or returned,the transaction is recorded in the log

book.

KCB: ljp

11-4-77
--. ! , .. .............

State of Oregon

DEPARTMENT OF ENVIRONMENTAL QUALITY INTEROFFICE MEMO

Dafe: 4/18/77

From:

All Regional and Branch Offices

Kala C. Banerjee, Labo~atory.

Subject: Proper Sampling and Transportation to the Laboratory

i'.O:

'.

Samples will no longer be accepted, at the laboratory unless the

following criteria can be met:

, I

1. Samples must be properly packed so as to avoid possible damage

during 'transportation. Broken glas,s bottles are not only

dangerous to those unpacking them, but also an unnecessary

expense.

2. Samples must be taken properly and pres~rvation added where

necessary for analysis desired and shipped in proper and

adequate containers.

3. Waste water samples (Municipal and Industrial) for BOD to be

taken in 1 liter poly marked STP or 4 digit number startin~

with zero (0)., The's e containers are washed in the laboratory

dishwasher and are not acid washed. Therefore, these

containers should notbe used for basic analyses for water

or where acid washed containers are recommended.

4. ~tPN (Total and Fecal Colifonn) samp Les will not be accepted

unless they are received in the laboratory by the latest

at noon Thursday. ' '

5. Proper data sheets are available and must be used. He do'

not have the extra time necessary to transcribe from

inadeQuate or outdated forms. All data sheets must be properly

filled in with relevant information. All updated forms are

available on request.

6. We will, of course,'Dake exceptions when necessary to accomodate

unusual conditions or problems. If there are any questions

about sampling procedures or d at.a- sheets p Ie ase-cont-ac t; the

Water Quality Laboratory.

Thank you for your usual cooperation and assistance •

• cc: Alan W. Hose

Files /

KCB:jek

Attachment

OEQ
•

TABLE 2

RECOMMENDATION FOR SAMPLING AND PRESERVATION

OF SAMPLES ACCORDING TO MEASUREMENT (1 )

Measurement

Vol.

Req.

(ml) Container Preservative

Holding

Time(6)

Acidity 100 P G(2) Cool,4°C , , 24 Hi-s. "

" "

Alkalinity 100 P, G Cool,4°C 24 Hrs.

Arsenic 100 P,G HN03 to pH <2 6 Mos.

UOI) 1000 P,G Cool, 4°C 6 Hrs.(3)

Bromide lOa P,G Cool,"4°C 14 Hrs.

• coo 50 P, G H2 50 4 to pH <2 '7 Days

Chloride 50 P, G None Req. 7 Days

(1rlorine Req. 50 P,G Cool. 4°C 24 Hrs.

Color 50 P,G Cool,4°C 14 Hrs.

_.._-~~-::"..-

Cyanides 500 P,G Cool,4°C 24 Hrs.

t'aOH to pH 12

Dissolved Oxygen 4:Z=~5 Probe 300 G only Del. on site No Holding

4-gk Winkler 300 G only Fix on site No Holding

-

viii

'1 t 77
TABLE 2 (Continucdj (.' _._-----

Vol.

Req. Holding

;\ka"'\Ir~ment (rnl) Container Preservative Time(6) . - - ._--------_. . _.. ...._-------------

Fluoride 300 P, G Cool, 4°C ,7 Days

Hardness lOa P,G Cool, 4°~ 7 Days

tH-lO~ .f> "'-

]oui,k 100 P,G Cool, 4°C 24 Hrs.

~1U:\S 250 P,G Cool, 4°C 24 Hrs,

~Ic tu!s

1)i'~ol\'~u 200 P.G Filter on si te 6 Mos.

HNO) to pH <2

S",p..nu~u Filter on si te 6 Mos. t.

;. ';;:1 lOa HNO) to pH <2 6 Mos.

\1\o'r,:,10'

f)j"ol\\.'U lOa P. G Filter 38 Days

HNO) to pH <2 (Glass)

13 Days

(H:.ITd

Plastic) __._~._-

. , • i. ~: I 100 P,G HNO) to pH <2 38 Days

(Glass)

13 Days

(Hard

Plastic)

•

IX

-.

. . TABLE 2 (Continued)

.-~ Vol.

Req. Holding

Measurement . (ml) Container Preservative Time«(\~

Hydrolyzable 50 r.c Cool. 4°C 24 Hrs.<4) . H2S04 to pH <2

Total 50 p. G Cool. 4°C 27~4)

.Total,

.Dissolved 50 p. G Filter on site 24 Hrs.<4)

Cool,4°C ..

. Residue

I iltcrable 100 .P,G Cool,4°C 7 Days

;. !"onliitcrable 100 P,G Cool,4°C 7 Days

Tl)t;.tl 100 P,G Cool, 4°C. 7Days

\'obtile 100 P,G Cool,4°C 7 Days

Settleable Matter 1000 P,G None Req. 24 Hrs.

S;:-Ivniurn - 50 P,G HN03 to pH <2 6 Mos.

. Silit.-;] 50 Ponly Cool,4°C 7 Days

SI'~' _ifie

( on.iuctance 100 P,G Cool,4°C 24 Hrs. (5)

.

:.~.,. S~:l:.· !'.: 50 P;G Cool,4°C 7 Days

xi -,...

C1, go
:\I\:a~urcment

Vol:

Req.

,fJ1'!l)

. TABL~ 2 (Continued)

CO,n tainer Prescrvative

Holding

tiJjl,,··:.) ....

Sulfide

Sutfitc

P,.G :2"ml.~jnc "

.aeetate

"'Cool,:~C

'24 HI'S.

'.24 Hrs.

vlorc specific instructions,for preservationand-sampling.are found with c:&tlP:ro~cdur~

:.:s detailed in this manual. A general: discussion :·oJ1·s~mpiing .water .andIndustrial

wastewater may bc found. in.AST~LPait-~3, p. 72";91-, 0'973).·

••

v~ __ _

t

'Tvmpcrature:

Threshold

Odor

"J urbidity

1000:· '. P~ c

'~OO G:on·ly CQol.:4~C "t4:H"

_ : rs...

100 .. p. G Cool,Ao.C· 7 Days

...

Plastic or-Glass

- If samplescannot be returned to the-laboratoryinless than 6:hours and-holding 'time

exceeds' this limit. the final.reportcdda tashould iridicate,'the -aetual. holding time.

Mercuric.chloride may-be used as analternatepreservativear.a :'coilcentration'of40

mg.'J.. .especially if a .longer-holding.time.is 'requlred. However. <tne uSe6fnictcuri~

chIoride is'discouraged whenever possibte.

Ifthe sample is stabilized.byceoling.Ttshould be-warmed to'25~Cfor"rea.diJig,.or

temperature correction made-and results-reportedat i"S°c.

I! has been shown" t hatsarnples.properly: preserved = may, be-heldJor extended-periods

I'~'yond the"recommendedholdingtime.

, XII