•

OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 340, DIVISION 12

ENFORCEMENT PROCEDURE AND CIVIL PENALTIES

340-12-026

340-12-028

340-12-030

340-12-035

340-12-040

340-12-041

340-12-042

340-12-045

340-12-046

340-12-047

340-12-048

340-12-049

340-12-050

340-12-052

340-12-055

340-12-060

• 340-12-065

340-12-066 .

340-12-067

340-12-068

340-12-069

340-12-071

340-12-072

340-12-073

340-12-090

•

Policy 1

Scope of Applicability 1

Definitions 1

Consolidation of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2

Notice of Permit Violations and Exceptions . . . . . . . . . . . . . . . . . . .. 2

Enforcement Actions 3

Civil Penalty Schedule Matrices 4

Civil Penalty Determination Procedure . . . . . . . . . . . . . . . . . . . . . .. 5

Written Notice of Assessment of Civil

Penalty; When Penalty Payable . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9

Compromise or Settlement of Civil Penalty

by Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9

Stipulated Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9

Additional Civil Penalties 10

Air Quality Classification of Violations. . . . . . . . . . . . . . . . . . . . .. 10

Noise Control Classification of Violations . . . . .. 12

Water Quality Classification of Violations , 13

On-Site Sewage Disposal Classification of

Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13

Solid Waste Management Classification of

Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14

Solid Waste Tire Management Classification

of Violations 15

Underground Storage Tank and Heating Oil

Tank Classification of Violations. . . . . . . . . . . . . . . . . . . . . . . . .. 16

Hazardous Waste Management and Disposal

Classification of Violations 17

Oil and Hazardous Material Spill and

Release Classification of Violations .... . . . . . . . . . . . . . . . . . . .. 18

PCB Classification of Violations . . . . . . . . . . . . . . . . . . . . . . . . .. 19

Used Oil Management Classification of

Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

Environmental Cleanup Classification

of Violations 19

Selected Magnitude Categories . . . . . . . . . . . . . . . . . . . . . . . . . .. 19

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY v

CHAPTER 340, DIVISION 12

ENFORCEMENT PROCEDURE AND

CIVIL PENALTIES

Policy

340-12-026

(1) The goal of enforcement is to:

(a) Obtain and maintain compliance with the

Department's statutes, rules, permits and

orders;

(b) Protect the public health and the environment;

(c) Deter future violators and violations; and

(d) Ensure an appropriate and consistent statewide

enforcement program.

(2) The Department shall endeavor by conference,

conciliation and persuasion to solicit compliance.

(3) The Department shall address all documented

violations in order of seriousness at the most

appropriate level of enforcement necessary to

achieve the goals set forth in section (1) of this

section.

(4). Violators who do not comply with an initial

enforcement action shall be subject to increasing

levels of enforcement until compliance is achieved ..

Stat. Auth.: ORS CH 459.995,Ch. 466, 467, 468.020,468.996, Ch.

4688 & 468B

Hist.: DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert.

ef. 3-30-90; DEQ 21-1992, f. & cert. ef. 8-11-92

Scope of Applicability

340-12-028 Amendments to OAR 340-12-028 to

340-12-090 shall only apply to formal enforcement

actions issued by the Department on or after the

effective date of such amendments and not to any

contested cases pending or formal enforcement actions

issued prior to the effective date of such amendments.

Any contested cases pending or formal enforcement

actions issued prior to the effective date of any

amendments shall be subject to OAR 340-12-028 to 340-

12-090 as prior to amendment. The list of violations

classified in these rules is intended to be used only for

the purposes of setting penalties for violations of law

and for other rules set forth in OAR Chapter 340.

Stat. Auth.: ORS Ch. 454, 459.995, Ch. 466, 467, 468.020 &

468.996

Hist.: DEQ 4-1989, f. 7 cert. ef. 3-14-89; DEQ 15-1990, f. & cert.

ef. 3-30-90; DEQ 21-1992, f. & cert. ef. 8-11-92; Renumbered from

340-12-080

Definitions 0

340-12-030 Unless otherwise required by context,

as used in this Division:

(1) "Class One Equivalent" or "Equivalent", which is

used only for the purposes of determining the value

of the "P" factor in the civil penalty formula,

means two Class Two violations, one Class Two

and two Class Three violations, or three Class

Three violations.

(2) "Commission" means the Environmental Quality

Commission.

(3) "Compliance" means meeting the requirements of

the Commission's and Department's statutes, rules,

permits or orders.

(4) "Director" means the Director of the Department

or the Director's authorized deputies or officers.

(5) "Department" means the Department of

Environmental Quality.

(6) "Documented Violation" means any violation which

the Department or other government agency

records after observation, investigation or data

collection.

(7) "Flagrant" means any documented violation where

the Respondent had actual knowledge of the law

and had consciously set out to commit the

violation.

(8) "Formal Enforcement Action" means an actionc

signed by the Director or a Regional Administrator

or authorized. representatives or deputies which is

issued to a Respondent for a documented violation.

Formal enforcement actions may require the

Respondent to take action within a specified time

frame, and/or state the consequences for the

violation or continued noncompliance.

(9) "Intentional" , means conduct by a person with a

conscious objective to cause the result of the

conduct.

(10) "Magnitude of the Violation" means the extent and

effects of a violator's deviation from the

Commission's and Department's statutes, rules,

standards, permits or orders. In determining

magnitude the Department shall consider all

available applicable information, including such

factors as: concentration, volume, percentage,

duration, toxicity, and the extent of the effects of

the violation. Deviations shall be categorized as

major, moderate or minor as set forth in OAR 340-

12-Q45(1)(a)(ii).

(11) "Negligence" or "Negligent" means failure to take

reasonable care to avoid a foreseeable risk of

committing an act or omission constituting a

violation.

(12) "Order" means:

(a) Any action satisfying the definition given C

in ORS Chapter 183; or

(b) Any other action so designated in ORS

Printed by the Department of Environmental Quality: May 27, 1994 Page 1
OREGON ADMINISTRATIVE RULES

CHAPTER 340 DIVISION 12 - , . DEPARTMENT OF ENVIRONMENTAL QUALITY

•

•

•

Chapter 454, 459, 465, 466, 467, 468,

468A, or 468B.

(13) "Person" includes, but is not limited to,

individuals, corporations, associations, firms,

partnerships, joint stock companies, public and

municipal corporations, political subdivisions,

states and their agencies, and the Federal

Government and its agencies.

(14) "Prior Significant Action" means any violation

established either with or without admission of a

violation by payment of a civil penalty, or by a

final order of the Commission or the Department.

(15) "Reckless" or "recklessly" means conduct by a

person who is aware of and consciously disregards

a substantial and unjustifiable risk that the result

will occur or that the circumstance exists. The risk

must be of such a nature and degree that disregard

thereof constitutes a gross deviation from the

standard of care a reasonable person would observe

in that situation.

(16) "Residential Open Burning" means the open

burning of any domestic waste generated by a

single family dwelling and conducted by an

occupant of the dwelling on the dwelling premises.

This does not include the open burning of materials

prohibited by OAR 340-23-042(2).

(17) "Respondent" means the person to whom a formal

enforcement action is issued. .

(18) "Risk of Harm" means the individual or cumulative

possibility of harm to public health or the

environment caused by a violation or violations.

Risk of harm shall be categorized as major,

moderate or minor.

(19) "Systematic" means any documented violation

which occurs on a regular basis.

(20) "Violation" means a transgression of any statute,

rule, order, license, permit, or any part thereof and

includes both acts and omissions. Violations shall

be categorized as Class One (or I), Class Two (or

II) or Class Three (or III), with Class One

designating the most serious class of violation.

Stat. Auth.: ORS 459.995, Ch. 466. 467, 468.020 & 468.996

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 22-1984, f. & ef. 11-8-

84; DEQ 22-1988, f. & cert. ef. 9-14-88; DEQ 4-1989, f. & cert. ef.

3-14-89; DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 21-1992, f. &

cert. ef. 8-11-92; DEQ _-1994, f. & cert. ef. 3-15-94

Consolidation of Proceedings

340-12-035 Notwithstanding that each and every

violation is a separate and distinct offense, and in cases

of continuing violations, that each day's continuance is

a separate and distinct violation, proceedings for the

assessment of multiple civil penalties for multiple

violatio~s may be consolidated into a single proceeding.

Stat. Auth.: ORS 459.995, 468.020 & 468.99t?

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 21-1992, f. & cert. ef.

8-11-92

Notice of Permit Violations and Exceptions

340-12-040

(1) Prior to assessment of a civil penalty for a violation

of the terms or conditions of an Air Contaminant

Discharge Permit, National Pollutant Discharge

Elimination System Permit, Water Pollution

Control Facilities Permit, or Solid Waste Disposal

Permit, the Department shall provide a Notice of

Permit Violation to the permittee. The Notice of

Permit Violation shall be in writing, specifying the

violation and stating that a civil penalty will be

imposed for the permit violation unless the

permittee submits one of the following t? the

Department within five working days of receipt of

the Notice of Permit Violation:

(a) A written response from the permittee

acceptable to the Department certifying that

the permitted facility is complying-with: all

terms of the permit from which the violation

is cited. The certification shall include. a

sufficient description of the information on ;;<

which the permittee is certifying compliance '.

to enable the Department to determine that

compliance has been achieved; or,

(b) A written proposal, acceptable to the

Department, to bring the facility .into

compliance with the permit. An acceptable

proposal under this rule shall include at least

the following:

(A) A detailed plan and time schedule for

achieving compliance in the shortest

practicable time;

(B) A description of the interim steps that

will be taken to reduce the impact of the

permit violation until the permitted

facility is in compliance with the permit;

(C) A statement that the permittee has

reviewed all other conditions and

limitations of the permit and no other

violations of the permit were discovered.

(c) In the event that any compliance schedule to

be approved by the Department pursuant to

subsection (1)(b) of this rule provides for a

compliance period of greater than six months,

the Department shall incorporate the

compliance schedule into an Order described

in OAR 340-12-041(4)(b)(C) which shall

provide for stipulated penalties in the event of

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

any noncompliance therewith. The stipulated

penalties shall .not apply to circumstances

beyond the reasonable control of the

permittee. The stipulated penalties shall be set

at amounts consistent with those established

under OAR 34O-12-D48.

(d) The certification allowed in subsection (1)(a)

of this rule shall be signed by a Responsible

Official based on information and belief after

making reasonable inquiry. For purposes of

this rule "Responsible Official" of the

permitted facility means one of the following:

(A) For a corporation, a president, secretary,

treasurer, or vice-president of the

corporation in charge of a principal

business function, or any other person

who performs similar policy- or decisionmaking functions for the corporation; or

the manager of one of more

manufacturing, production, or operating

facilities if authority to sign documents

has been assigned or delegated to the

manager in accordance with corporate

procedures..

(B) For a partnership or sole proprietorship,

a general partner or the proprietor,

respectively.

(C) For. a municipality, State, Federal, or

other public agency, either a principal

executive officer or appropriate elected

official.

(e) For the purposes of this section, when a

regional authority issues an NPV, different

acceptability criteria may apply for subsections

(a) and (b) of this section.

(2) No advance notice prior to assessment of a civil

penalty shall be required under section (l) of this

rule and the Department may issue a Notice of

Civil Penalty Assessment if:

(a) The violation is intentional;

(b) The water or air violation would not normally

occur for five consecutive days; or

(c) The permittee has received a Notice of Permit

Violation, or other formal enforcement action

with respect to any violation of the permit

within 36 months immediately preceding the

documented violation.

(d) The permittee is subject to the federal

operating permit program under ORS

468A.300 to 468A.320 (Title V of the Clean

Air Act of 1990) and violates any rule or

standard adopted or permit or order issued

under ORS chapter 468A and applicable to the

permittee.

(e) The permittee is a solid waste perm~' holder subject to federal solid wasteJ

management requirements contained in

40 Code of Federal Regulations, Part 258

as of the effective date of these rules

("Subtitle 0"), and violates any rule or

standard adopted or permit or order

issued under ORS chapter 459 and

applicable to the permittee.

. (t) The permittee has an air contaminant

discharge permit and violates any State

Implementation Plan requirement

contained in the permit.

(g) The requirement to provide such notice

would disqualify a state program from

federal approval or delegation.

(h) For purposes of this section, "permit"

includes permit renewals and

modifications and no such renewal or

modification shall result in the

requirement that the Department provide

the permittee with an additional advance

warning if the permittee has received a

Notice of Permit Violation, or otherr~

formal enforcement action with respect to"----./

the permit within 36 months.

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 25-1979, f. & ef. 7-5-79;

DEQ 22-1984, f. & ef. 11-8-84; DEQ 16-1985, f. & ef, 12-3-85;

DEQ 22-1988, f. & celt. ef. 9-14-88; DEQ 4-1989, f. & celt. ef. 3-

14-89; DEQ.15-1990. f. & celt. ef. 3-30-90. DEQ21-1992, f. & celt.

ef. 8-11-92; DEQ _-1994 f. & celt. ef. 3-15-94

Enforcement Actions

340-12-041

(1) Notice of Noncompliance (NON):

(a) Informs a person of a violation, and the

consequences of the violation or continued

noncompliance. The notice may state the

actions required to resolve the violation and

may specify a time by which compliance is to

be achieved and that the need for formal

enforcement action will be evaluated;

(b) Shall be issued under the direction of a

manager or authorized representative;

(c) Shall be issued for all classes of documented

violations.

(2) Notice of Permit Violation (NPV): C

(a) Is issued pursuant to OAR 340-12-D40;

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

•• a civil penalty for any violation' pertaining to the

Commission's or Department's statutes, rules, permits

or orders by service of a written notice of assessment of

civil penalty upon the Respondent. Except for civil

penalties assessed under OAR 340-12-048 and 340-12

49, the amount of any civil penalty shall be determined

through the use of the following matrices in conjunction

with the formula contained in OAR 40-12-045:

(1) $10,000 Matrix

(a) No civil penalty issued by the Director

pursuant to this matrix shall be less than fifty

dollars ($50) or more than ten thousand

dollars ($10,000) for each day of each

violation. This matrix shall apply; to the

following

(b) Any violation related to air quality .s~atutes, .:\

rules, permits or orders, except for the

selected open burning violations listed in

section (3) below;

(c) Any violation related to ORS 164.785 and

water quality statutes, rules, permits ororders, violations of ORS Chapter 454 and onsite sewage disposal rules by a person

performing sewage disposal services;

(d) Any violation related to underground storage

tanks statutes, rules, permits or orders, except

for failure to pay a fee due and owing under

ORS 466.785 and 466.795;

(e) Any violation related to hazardous waste

management statutes, rules, permits or orders,

except for violations of ORS 466.890 related

to damage to wildlife;

(t) Any violation related to oil and hazardous

material spill and release statutes, rules, or

orders, except for negligent or intentional oil

spills;

(g) Any violation related to polychlorinated

biphenyls management and disposal statutes;

(h) Any violation of ORS Chapter 465 or

environmental cleanup rules or orders;

(i) Any violation of ORS Chapter 467 or any

violation related to noise control rules or

Minor

$1000

$500

$100

Moderate

$3000

$1000

$250

Major

$6000

$2000

$500

< Magnitude of Violation

Class II

Class I

Class of

Violation

Class III

(b) Shall be issued by a Regional Administrator or

authorized representative.

(c) Shall be issued for the first occurrence of a

documented Class I violation which is not

excepted under OAR 340-12-040(2), or the

repeated or continuing occurrence of

documented Class II or III violations where a

NON has failed to achieve compliance or

. satisfactory progress toward compliance. A

permittee shall not receive more than three

NONs for Class II violations of the same

permit within a 36 month period without being

issued a NPV.

(3) Notice of Civil Penalty Assessment (CPA):

(a) Is issued pursuant to ORS 468.130, and OAR

340-12-042 and 340-12-045;

(b) Shall be issued by the Director or authorized

representative;

(c) May be issued for the occurrence of any Class

of documented violation that is not limited by

the NPV requirement of OAR 340-12-040(2).

(4) Order:

(a) Is issued pursuant to ORS Chapters 183, 454,

459,465,466,467,468, 468A, or 468B;

(b) May be in the form of a Commission or

Department Order, or a Stipulation and Final

Order (SFO);

(A) Commission Orders shall be issued by

the Commission, or the Director on

·behalf of the Commission;

(B) Department Orders shall be issued by the

Director or authorized representative;

(C) All other Orders:

(i) May be negotiated;

(ii) Shall be signed by the Director

or authorized representative

and the authorized

representative of each other

party.

(c) May be issued for any Class of violation.

(5) The enforcement actions described in section (1)

through (4) of this rule in no way limit the

Department or Commission from seeking legal or

equitable remedies as provided by ORS Chapters

454, 459, 465, 466, 467, 468, 468A, and 468B.

Stat Auth.: ORS CHS 454, 459, 459.995, 465, 466, 467, 468,

468.020, 468.996, 468A and 468B

Hist.: DEQ 4-1989, f. & cert, ef. 3-14-89; DEQ 15-1990, f. & cert.

ef. 3-30-90; DEQ 21-1992, f. & cert. ef. 8-11-92

Civil Penalty Schedule Matrices

340-12-042 In addition to any liability, duty, or

other penalty provided by law, the Director may assess

•

•

I "

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

Civil Penalty Determination Procedure

340-12-045

(1) When determining the amount of civil penalty to be

assessed for any violation, other than violations of

ORS 468.996, which are determined according to

the procedure set forth below in OAR 340-12-

049(8), the Director or authorized representative

shall apply the following procedures:

(a) Determine the class and the magnitude of

each violation;

(i) The class of a violation is determined by

consulting OAR 340-12-050 to 340-12-

073.

(ii) The magnitude of the violation is\

determined by first consulting the

o

$50

Minor

$100

$300 $200

$100

$200

Moderate

$400

Major

$200

$300

<---- Magnitude or Violation

(a) No civil penalty issued by the Director

pursuant to this matrix shall be less than fifty

dollars ($50) or more than five hundred

dollars ($500) for each day of each violation.

This matrix shall apply to the following types

of violations:

Any violation of laws, rules, orders or permits

relating to woodstoves, except violations

relating to the sale of new woodstoves;

Any violation by a city, county or

metropolitan service district of failing to

provide the opportunity to recycle as reqUireO

by law; and

Any violation of ORS 468B.480 and 468B.485

and rules adopted thereunder relating to the

financial assurance requirements for ships

transporting hazardous materials and oil.

Slat. Auth.: ORS Ch. 454, 459,459.995,456,465,466,467,468,

468.a20, 468.869, 468.870, 468.996, Ch. 468A & 4688

Hist.: DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & celt.

ef. 3-30-90;. DEQ 33-1990, f. & celt. cf. 8-15-90; DEQ 21-1992, f.

& celt. ef. 8-11-92; DEQ _-1994, f. & celt. ef. 3-15-94

(4) $500 Matrix

Class II

Class III

Class I

Class or

Violation

< Magnitude or Violation

Class or Major Moderate Minor

Violation (b)

Class I $2500 $1000 $500

(c)

Class II $750. $500 $200

Class.III. $250.. $100 $50

(d)

(a) No civil penalty issued by the Director

pursuant to this matrix shall be less than $50.

The total civil penalty may exceed $2,500 for

each day of each violation, but shall not

exceed $10,000 for each day of each

violation.

(b) This matrix shall be applied to any violation

related to on-site sewage statutes, rules,

permits, or orders, other than violations by a

person performing sewage disposal services;

and for violations of the Department's

Division 23 open burning rules, excluding all

industrial open burning violations, and

violations of OAR 34O-23-Q42(2) where the

volume of the prohibited materials burned is

greater than or equal to twenty-five cubic

yards. In cases of the open burning of tires,

this matrix shall apply only if the number of

tires burned is less than fifteen. The matrix

set forth in section (1) of this rule shall be

applied to the open burning violations

excluded from this section.

orders;

G) Any violation of ORS Chapter 459 or any

violation related to solid waste statutes, rules,

permits, or orders, except any violation by a

city, county or metropolitan service district of

failing to provide the opportunity to recycle as

required by law ; and

(2) In addition to any other penalty provided by law,

any person causing an oil spill through an

intentional or negligent act shall incur a civil

penalty of not less than one hundred dollars ($100)

or more than twenty thousand dollars ($20,000).

The amount of the penalty shall be determined by

doubling the values contained in the matrix in

section (1) of this rule in conjunction with the

formula contained in 34O-12-Q45.

(3) $2,500 Matrix

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OREGON ADMINISTRATIVE RULES

\ CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

•

•

•

selected magnitude categories in 340-12-

090. In the absence of a selected

magnitude, the magnitude shall be

moderate unless:

(A) If the Department finds that the

violation had a significant adverse

impact on the environment, or

posed a significant threat to public

health, a determination of major

magnitude shall be made. In

making a determination of major

magnitude, the Department shall

consider all available applicable

information including such factors

as: the degree of deviation from the

Commission's and Department's

statutes, rules, standards, permits or

orders, concentration, volume,

percentage, duration, toxicity, and

the extent of the effects of the

violation. In making this finding,

the Department may consider any

single factor to be conclusive for the

purpose of making a major

magnitude determination.

(B) Ifthe Department finds that the

violation had no potential for or

actual adverse impact on the

environment, nor posed any threat

to public health, or other

environmental receptors, a

determination of minor magnitude

shall be made. In making· a

determination of minor magnitude,

the Department shall consider all

available applicable information

including such factors as: the degree

of deviation from the Commission's

and Department's statutes, rules,

standards, permits or orders,

concentration, volume, percentage,

duration, toxicity, and the extent of

the effects of the violation. In

making this finding, the Department

may consider any single factor to be

conclusive for the purpose of

making a minor magnitude

determination.

(b) Choose the appropriate base penalty (BP)

established by the matrices of 340:-12-042

after determining the class and magnitude of

each violation;

(c) Starting with the base penalty, determine the

amount of penalty through application of the

formula:

BP + [(.1 x BP)(P + H + 0 + R +

C)] + EB where:

(A) "P" is whether the Respondent has any

prior significant actions relating to

statutes, rules, orders and permits

pertaining to environmental quality or

pollution control. For the purposes of

this determination, violations that were

the subject of any prior significant

actions that were issued before the

effective date of the Division 12 rules as

adopted by the Commission in March

1989, shall be classified in accordance

with the classifications set forth in the

March 1989 rules to ensure equitable

consideration of all prior significant

actions. The values for "P" and the

finding which supports each are as

follows:

(i) 0 if no prior significant actions

or there is insufficient

information on which to base a

finding;

(ii) 1 if the prior significant action

is one Class Two or two Class

Threes; e;

(iii) 2 if the prior significant

action(s) is one Class One or

equivalent;

(iv) 3 if the prior significant actions

are two Class One or

equivalents;

(v) 4 if the prior significant actions

are three Class Ones or

equivalents;

(vi) 5 if the prior significant actions

are four Class Ones or

equivalents;

(vii) 6 if the prior significant actions

are five Class Ones or

equivalents; .

(viii) 7 if the prior significant actions

are six Class Ones or

equivalents;

(ix) 8 if the prior significant actions

are seven Class Ones or

equivalents;

(x) 9 if the prior violations

significant actions are eight

Class Ones or equivalents;

Printed by the Department of Environmental Quality: May 27, 1994 Page 6
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY It

o

o

(ii)

(iii)

(ii)

o if the violation existed for

one day or less and did not

recur on the same day;

2 if the violation existed for

more than one day or if the

violation recurred on the same

day. .

"R" is whether the violation resulted

from an unavoidable accident, or a

negligent, intentional or flagrant act of

the Respondent. The values for "R" and

the finding which supports each are as

follows:

(i) o if an unavoidable accident,

or if there is insufficient

information to make a finding;

(ii) 2 if negligent;

(iii) 6 if intentional; or

(iv) 10 if flagrant.

(E) "C" is the Respondent's cooperativeness

and efforts to correct the violation. The

values for "C" and the finding which

supports each are as follows:

(i) -2 if Respondent was

cooperative and took

reasonable efforts to correct

the violation or minimize the

effects of the violation;

o if there is insufficient

information to make a finding,

or if the violation or the effects

of the violation could not be

corrected;

2 if Respondent was

uncooperative and did not take

reasonable efforts to correct

tl'le violation or minimize the

effects of the violation.

(F) "EB:" is the approximated dollar sum of

me economic benefit that the Respondent

(0)

(III)

(II)

(1)

(xiv)

(xiii)

(xii)

(xi) 10 if the prior significant values for "H" and the' finding which 0

actions are nine Class Ones or supports each are as follows:

equivalents, or if any of the (i) -2 if Respondent took all

prior significant actions were feasible steps to correct each

issued for any violation of violation contained in any prior

ORS 468.996. significant action;

In determining the appropriate (ii) 0 if there is no prior history or

value for prior significant if there is insufficient

actions as listed above, the information on which to base a

Department- shall reduce the finding;

appropriate factor by: (C) ·0" is whether the violation was repeated

A value of two (2) if the or continuous. The values for "0" and

date of issuance of all the the finding which supports each are as

prior significant actions follows:

are greater than three (i)

years old but less than

five years old;

A value of four (4) if the

date of issuance of all the

prior significant actions

are greater than five years

old;

In making the above

reductions, no finding

shall be less than O.

Any prior significant action

which is greater than ten years

old shall not be included in the

above determination.

A permittee, who would have

received a Notice of Permit

Violation, but instead received

a civil penalty or Department

Order because of the

application of OAR 340-12-040

(2)(d),(e),(t), or (g) shall not

have the violation(s) cited in

the former action counted as a

prior significant action, if the

permittee fully complied with

the provis.ions of any

compliance' order contained in

the former action.

"H" is past history of the Respondent in

taking all feasible steps or procedures'

necessary or appropriate to correct any

violation cited in any prior significant

actions. In no case shall the combination

of the "P" factor and the "H" factor be a

value less than zero. In such cases

where the sum of the "P" and "H" values

is a negative numeral the finding and

determination for the combination of

these two factors shall be zero. The

(B)

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY ,

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•

. gained through noncompliance. The

Department or Commission may increase

the penalty by the approximated dollar

sum of the economic benefit, provided

that the sum penalty does not exceed the

maximum allowed for the violation by

rule or statute. After determining the

base penalty and applying the civil

formula penalty above to determine the

gravity and magnitude-based portion of

the civil penalty, "EB" is to be

determined as follows:

(i) Add to the formula the

approximate dollar sum of the

economic benefit gained

through noncompliance, as

calculated by determining both

avoided costs and the benefits

obtained through any delayed

costs, where applicable; .

(ii) The Department need not

calculate nor address the

economic benefit component of

the civil penalty when the

benefit obtained is de minimis;

(iii) In determining the economic

benefit component of a civil

penalty, the Department may

use the U.S. Environmental

Protection Agency's BEN.

computer model, as adjusted

annually to reflect changes in

marginal tax rates, inflation

rate and discount rate. With

respect to significant or

substantial change in the

model, the Department shall

use the version of the model

that the Department finds will

most accurately calculate the

economic benefit gained by

Respondent's noncompliance.

Upon request, of the

Respondent, the Department

will provide Respondent the

name of the version of the

model used and respond to any

reasonable request for

information about the content

or operation of the model.

The model's standard values

for income tax rates, inflation

rate and discount rate shall be

presumed to apply to all

Respondents unless a specific

Respondent can demonstrate

that the standard value does not

reflect that Respondent's actual

circumstance.

(iv) As stated above, under no

circumstances shall the

imposition of the economic

benefit component of the

penalty result in a penalty

exceeding the statutory

maximum allowed for the

violation by rule or statute.

When a violation hils extended

over more than one day,

however, for determining the

maximum penalty allowed, the

Director may treat the violation

as extending over at least as

many days as necessary to

recover the economic benefit of

noncompliance. When the

purpose of treating a violation

as extending over more than

one day is to recover the

economic b enefit,'. the

Department has the discretion

not to impose the gravity and

magnitude-based portion-of the .

penalty for more than one day.

(2) In addition to the factors listed in section (1) of this

rule, the Director may consider any other relevant

rule of the Commission and shall state the effect

the consideration had on the penalty. On review,

the Commission shall consider the factors contained

in section (1) of this rule and any other relevant

rule of the Commission.

(3) The Department or Commission may reduce any

penalty based on the Respondent's inability to pay

the full penalty amount. If the Respondent seeks to

reduce the penalty, the Respondent has the

responsibility of providing to the Department or

Commission documentary evidence concerning

Respondent's inability to pay the full penalty

amount.

(a) When the Respondent is currently unable to

pay the full amount, the first option should be

to place the Respondent on a payment

schedule with interest on the unpaid balance

for any delayed payments. The Department

or Commission may reduce the penalty only

after determining that the Respondent is

unable to meet a long-term payment schedule.

(b) In determining the Respondent's ability to pay

Printed by the Department of Environmental Quality: May 27, 1994 Page 8
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

a civil penalty, the Department may use the

U.S. Environmental Protection Agency's

ABEL computer model to determine a

Respondent's ability to pay the full civil

penalty amount. With respect to significant or

substantial change in the model, the

Department shall use the version of the model

that the Department finds will most accurately

calculate the Respondent's ability to pay a

civil penalty. Upon request of the

Respondent, the Department will provide

Respondent the name of the version of the

model used and respond to any reasonable

request for information about the content or

operation of the model.

(c) In appropriate circumstances, the Department

or Commission may impose a penalty that

may result in a Respondent going out of

business. Such circumstances may include

situations where the violation is intentional or

flagrant or situations where the Respondent's

financial condition poses a serious concern

regarding its ability or incentive to remain in

compliance.

Slat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 78, f.9-6-74, ef. 9-25-74; DEQ 22-1984, f. & ef. 11-8-84;

DEQ 22-1988, f. & celt. ef. 9~14-88; DEQ 4-1989, f. & celt. ef. 3-

14-89; DEQ 15-1990, f. & celt. ef. 3-30-90; DEQ 21-1992,. f. & celt.

ef. 8-11-92; DEQ _-1994, f. & celt. ef. 3-15-94

Written Notice of Assessment of Civil Penalty; When

Penalty Payable

340-12-046

(1) A civil penalty shall be due and payable ten (10)

days after the order assessing the civil penalty

becomes final and the civil penalty is thereby

imposed by operation of law or on appeal. A

person against whom a civil penalty is assessed

shall be served with a notice in the form and

manner provided in ORS 183.415 and OAR

Chapter 340, Division 11:

(2) The written notice of assessment of civil penalty

shall comply with ORS 468.135(1) and ORS

183.090, relating to notice and contested case

hearing applications, and shall state the amount of

the penalty or penalties assessed. The rules

presc~ibin~ procedure in contested case proceedings

contained 10 OAR Chapter 340, Division 11 shall

apply thereafter.

9-14-88; Renumbered from 34-12-070; DEQ 21-1992; f. & celt. ef.0

8-lt-92

Compromise or Settlement of Civil Penalty by

Director

340-12-047

(1) Any time after service of the written notice of

assessment of civil penalty, the Director may

compromise or settle any unpaid civil penalty at

any amount that the Director deems appropriate.

Any compromise or settlement executed by the

Director shall be final.

(2) In determining whether a penalty should be

compromised or settled, the Director may take into

account the following:

(a) New information obtained through further

investigation or provided by Respondent

which relates to the penalty determination

factors contained in OAR 340-12-045;

(b) The effect of compromise or settlement on

deterrence;

(c) Whether Respondent has or is willing to

employ extraordinary means to correct the

violation or maintain compliance; .

(d) Whether Respondent has had any previous

penalties which have been compromised or

settled; 0

(e) Whether the compromise or settlement would .

be consistent with the Department's goal of

protecting the public health and environment;

(t) The·relative strength or weakness of the

Department's case.

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 78, f. 9-6-74; ef. 9-25-74; DEQ 22-1984, f. & ef. 11-8-

84; DEQ 22-1988, f. & celt. ef. 9-14-88; Renumbered from 340-12-

075; DEQ4-1989. f. & celt. ef. 3-14-89; DEQ 15-1990, f. & celt. ef.

3-30-90; DEQ 21-1992, f. & celt. ef. 8-11-92

Stipulated Penalties

340-12-048 Nothing in OAR Chapter 340 Division 12

shall affect the ability of the Commission or Director to

include stipulated penalties in a Stipulation and Final

Order, Consent Order, Consent Decree or any other

agreement issued under ORS Chapters 183, 454, 459,

465, 466, 467, 468, 468A, or 468B.

Stat. Auth.: ORS Ch. 454, 459.995, Ch. 465, 466, 467, 468.020,

468.996, Ch. 468A & 4688

Hist.: DEQ 4-1989, f. & celt. ef. 3-14-89; DEQ 15-1990, f. & celt.

ef. 3-30-90; DEQ 21-1992, f. & celt. ef. 8-11-92

Slat. Auth.: ORS 459.995, 468.020 & 468.996

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 22-1988, f. & celt. ef.

_______________0

Printed by the Department of Environmental Quality: May 27, 1994 Page 9
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY ,

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Additional Civil Penalties

340-12-049 In addition to any other penalty provided by

law, the following violations are subject to the civil

penalties specified below:

(1) Any person who wilfully or negligently causes an

oil spill shall incur a civil penalty commensurate

with the amount of damage incurred.. The amount

of the penalty shall be determined by the Director

with the advice of the Director of Fish and

Wildlife. In determining the amount of the

penalty, the Director may consider the gravity of

the violation, the previous record of the violator

and such other considerations the Director deems

appropriate.

(2) . Any person planting contrary to the restriction of

subsection (1) of ORS 468.465 pertaining to the

open field burning of cereal grain acreage shall be

assessed by the Department a civil penalty of $25

for each acre planted contrary to the restrictions.

(3) Whenever an underground storage tank fee is due

and owing under ORS 466.785 or 466.795, the

Director may issue a civil penalty not less twentyfive dollars ($25) nor more than one hundred

dollars ($100) for each day the fee is due and

owing.

(4) Any owner or operator of a confined animal

feeding operation who has not applied for or does

not have a permit required by ORS 468B.050 shall

be assessed a civil penalty of $500.

(5) Any person who fails to pay an automobile

emission fee when required by law or rule shall be

assessed a civil penalty of $50.

(6) Any person who has care, custody or control of a

hazardous waste or a substance which would he a

hazardous waste except for the fact that it is not

discarded, useless or unwanted shall incur a civil

penalty according to the schedule set forth in this

section for the destruction, due to contamination of

food or water supply by such waste or substance,

of any of the wildlife referred to in this section that

are property of the state.

(a) Each game mammal other than mountain

sheep, mountain goat, elk or silver gray

squirrel, $400.

(b) Each mountain sheep or mountain goat,

$3,500.

(c) Each elk, $750.

(d) Each silver gray squirrel, $10.

(e) Each game bird other than wild turkey, $10.

(t) Each wild turkey, $50.

(g) Each game fish other than salmon or steelhead

trout, $5.

(h) Each salmon or steelhead trout, $125.

(i) Each fur-bearing mammal other than bobcat or

fisher, $50.

(j) Each bobcat or fisher, $350.

(k) Each specimen of any wildlife species whose

survival is specified by the wildlife laws or the

. laws of the United States as threatened or

endangered, $500.

(I) Each specimen of any wildlife species

otherwise protected by the wildlife laws or the

laws of the United, but not otherwise referred

to in this section, $25;

(7) Any person who intentionally or recklessly violates

any provision of ORS 164.785, 459.205 to,

459.426, 459.705 to 459.790, ORS Chapters 465,

466, 467 or 468 or any rule or standard or order of

the commission adopted or issued pursuant to ORS

459.205 to 459.426, 459.705 to 459.790, ORS

Chapters 465, 466, 467 or 468, which results in or

creates the imminent likelihood for an extreme

hazard to the public health or which causes

extensive damage to the environment shall incur a

penalty up to $100,000. When determining the

civil penalty sum to be assessed under this section, .

the Director shall apply the following procedures:

(a) Select one ofthe following base penalties after

determining the cause of the violation: ,

(A) $50,000 if the violation was caused

recklessly; "\..1

(B) $75,000 if the violation was ,~~used

intentionally; .

(C) $100,000 if the violation was caused

flagrantly;

(b) Then determine the civil penalty through

application of the formula: BP + (.1 x BP)

(p + H + 0 + C) + EB, in accord with

OAR 340-12-045(l)(c).

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 &

468.996

Hist.: DEQ 15-1990, f. & cert. ef. 3-30-90; DEQ 21-

1992, f. & cert. ef. 8-11-92

Air Quality Classification of Violations

340-12-050 Violations pertaining to air quality shall be

classified as follows:

(1) Class One:

(a) Violation of a Commission or Department

Order, or variance;

(b) Constructing or operating a source without the

appropriate permit;

(c) Modifying a source with an Air Permit

without first notifying and receiving approval

from the Department;

(d) Violation of a compliance schedule in a

permit;

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OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

(e) Exceeding an allowable emission level of a

hazardous air pollutant.

(t) Exceeding an emission or opacity permit

limitation for a criteria pollutant, by a factor

of greater than or equal to two times the

limitation, within 10 kilometers of either a

Non-Attainment Area or a Class I Area for

that criteria pollutant;

(g) Exceeding the annual emission limitations of

a permit, rule or order;

(h) Failure to perform testing, or monitoring,

required by a permit, rule or order;

(i) Systematic failure to keep records required by

a permit, rule or order;

G) Failure to submit semi-annual Compliance

Certifications;

(k) Failure to file a timely application for a

Federal Operating Permit pursuant to OAR

340-28-2120;

(I) Exceedances of operating limitations that limit

the potential to emit of. a synthetic minor

source and that result in emissions above the

Federal Operating Permit permitting

thresholds pursuant to OAR 340-28-110(57);

(m) Causing emissions that are a hazard to public

safety;

.(n) Failure to comply with Emergency Action

Plans or allowing excessive emissions during

emergency episodes;

(0) Violation of a work practice requirement for

asbestos abatement projects which causes a

potential for public exposure to asbestos or

release of asbestos into.the environment;

(P) Storage or accumulation of friable asbestos

material or asbestos-containing waste material

from an asbestos abatement project which

causes a potential for public exposure to

asbestos or release of asbestos into the

environment;

(q) Visible emissions of asbestos during an

asbestos abatement project or during

collection, processing, packaging,

transportation, or disposal of asbestoscontaining waste material;

(r) Conduct of an asbestos abatement project by

a person not licensed as an asbestos abatement

contractor;

(s) Violation of a disposal requirement for

asbestos-containing waste material which

causes a potential for publ ic exposure to

asbestos or release of asbestos into the

environment;

(t) Advertising to sell, offering to sell or selling

a non-certified wood stove;

(u) Illegal open burning in violation of OAR 3400

23-042(2);

(v) Causing or allowing open field burning .

without first obtaining a valid open field

burning permit;

(w) Causing or allowing open field burning or

stack burning where prohibited by OAR 340-

26-010(7) or OAR 340-26-055(4);

(x) Causing or allowing any propane flaming.

which results in visibility impairment on any

Interstate Highway or Roadway specified in

OAR 837-110-080(1) and (2);

(y) Failing to immediately and actively extinguish

all flames and smoke sources when any

propane flaming results in visibility

impairment on any Interstate Highway or

Roadway specified in OAR 837-110-080(1)

and (2);

(z) Causing or allowing propane flaming of grass

seed or cereal grain crops, stubble, or residue

without first obtaining a valid propane flaming

burning permit;

(aa) Stack or pile burning grass seed or cereal

grain crop residue without first obtaining a

valid stack or pile burning permit;

(bb) Open field burning, propane flaming, stack or

pile burning when State Fire MarshaC:

restrictions are in effect;

(cc) Causing or allowing propane flaming which

results in sustained open flame in a fire safety

buffer zone along any Interstate Highway or

Roadway specified in OAR 837-110-080 (1)

or (2);

(dd) Failure to install vapor recovery piping in

accordance with standards set forth in OAR

Chapter 340, Division 150;

(ee) Installing vapor recovery piping without first

obtaining a service provider license in

accordance with requirements set forth in

OAR Chapter 340, Division 160;

(ft) Submitting falsified actual or calculated

emission fee data:

(gg) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(hh) Any violation related to air quality which

causes a major harm or poses a major risk of

harm to public health or the environment.

(2) Class Two:

(a) Exceeding emission limitations other than an

annual emission limitation or opacity

limitations by more than 5% opacity in

permits or rules; 0

(b) Violating standards in permits or rules for

Printed by the Department of Environmental Quality: May 27, 1994 Page 11
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

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fugitive emissions, particulate deposition, or

odors;

(c) Failure to take corrective action or maintain

records of emissions which equal or exceed

emission action levels as required by OAR

340-28-620(2);

(d) Failure to submit a complete Air Contaminant

Discharge Permit application 60 days prior to

permit expiration or prior to modifying a

source;

(e) Failure to maintain on site records when

required by a permit to be maintained on site;

(t) Exceedances of operating limitations that limit

the potential to emit of a synthetic minor

source that do not result in emissions above

the Federal Operating Permit permitting

thresholds pursuant to OAR 340-28-110(57);

(g) Illegal open burning of commercial,

construction and/or demolition, and/or

agricultural waste;

(h) Failing to comply with notification and

reporting requirements in a permit;

(i) Failure to comply with asbestos abatement

licensing, certification, or accreditation

requirements;

G) Failure to provide notification of an asbestos

abatement project;

(k) Failure to display permanent labels on a

certified woodstove;

(I) Alteration of a permanent label for a certified

woodstove;

(m) Failure to use Department-approved vapor

control equipment when transferring fuel;

(n) Operating a vapor recovery system without

first obtaining a piping test performed by a

licensed service provider as required by OAR

Chapter 340, Division 160;

(0) Failure to obtain Department approval prior to

installing a Stage II vapor recovery system not

already registered with the Department as

specified in Department rules;

(P) Failure to actively extinguish all flames and

major smoke sources from open field or stack

burning when prohibition conditions are

imposed by the Department or when instructed

to do so by an agent or employee of the

Department;

(q) Causing or allowing a propane flaming

operation to be conducted in a manner which

causes or allows an open flame to be

sustained;

(r) Installing, servicing, repairing, disposing of or

otherwise treating automobile air conditioners

without recovering and recycling

chlorofluorocarbons using approved recovery

and recycling equipment;

(s) Selling, or offering to sell, or giving as a sales

inducement any aerosol spray product which

contains as a propellant any compound

prohibited under ORS 468A.655;

(t) Selling any chlorofluorocarbon or halon

containing product prohibited under ORS

468A.635;

(u) Failure to pay an emission fee;

(v) Substantial underpayment of an emission fee;

(w) Submitting inaccurate emission fee data;

(x) Any violation related to air quality which is

not otherwise classified in these rules.

(3) Class Three:

(a) Illegal residential open burning;

(b) Improper notification of an asbestos abatement

project;

(c) Failure to display a temporary label on a

certified wood stove;

(d) Exceeding opacity limitation in permits or

rules by 5% opacity or less.

Stat. Auth.: ORS Ch. 468 & 468A

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 5-1980, f. & ef. 1-28-80;

DEQ 22-1984, f. & ef. 11-8-84; DEQ 22-1988, f. & cert. ef. 9-14-88;

DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef.

3-30-90; DEQ 31-1990, f. & cert. ef. 8-15-90; DEQ 2-1992~. f. &

cert. ef. 1-30-92 (and corrected 2-5-92); AQ 11-1993, f. & ef 114-

93; DEQ _-1994. f. & cert. er. 3-15-94

Noise Control Classification of Violations

340-12-052 Violations pertaining to noise control shall

be classified as follows:

(I) Class One:

(a) Violation of a Commission or Department

order or variance;

(b) Violations that exceed noise standards by ten

(10) decibels or more;

(c) Exceeding the ambient degradation rule by

five (5) decibels or more; or

(d) Failure to submit a compliance schedule

required by OAR 340-35-035(2);

(e) Operating a motor sports vehicle without a

properly installed or well-maintained muffler

or exceeding the noise standards set forth in

OAR 340-35-040(2);

(t) Operating a new permanent motor sports

facility without submitting and receiving

approval of projected noise impact boundaries;

(g) Failure to provide access to premises or

records when required by law, rule, or order;

(h) Violation of motor racing curfews set forth in

OAR 340-35-040(6);

'.:: .'.

Printed by the Department of Environmental Quality: May 27, 1994 Page 12
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

(i) Any violation related to noise control which

causes a major harm or poses a major risk of

harm to public health or the environment.

(2) Class Two:

(a) Violations that exceed noise standards by three

(3) decibels or more;

(b) Advertising or offering to sell or selling an

uncertified racing vehicle without displaying

the required notice or obtaining a notarized

affidavit of sale;

(c) Any violation related to noise control which

is not otherwise classified in these rules.

(3) Violations that exceed noise standards by one (1) or

two (2) decibels are Class III violations;

Stat. Auth.: ORS 459.995, Ch.466, 467, 468.020 & 468.996 .

Hist.: DEQ 101, f. & ef. 10-1-75; DEQ 22-1984, f. & ef. 11-8-84;

DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-

30-90; DEQ 21-1992, f. & cert. ef. 8-11-92

Water Quality Classification of Violations

340-12-055 Violations pertaining to water quality shall

be classified as follows:

(1) Class One: .

(a) Violation of a Commission or Department

Order;

(b) Any discharge of waste that enters waters of

the state, either without a waste discharge

permit or from a discharge point not

authorized by a waste discharge permit;

(c) Failure to comply with statute, rule, or permit

requirements regarding notification of a spill

or upset condition which results in a nonpermitted discharge to public waters;

(d) Violation of a permit compliance schedule;

(e) Any violation of any pretreatment standard or

requirement by a user of a municipal

treatment works which either impairs or

damages the treatment works, or causes a

major harm or poses a major risk of harm to

public health or the environment;

(f) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(g) Failure of any ship carrying oil to have

financial assurance as required in ORS

468B.300 to 468B.335 or rules adopted

thereunder;

(h) Any violation related to water quality which

causes a major harm or poses a major risk of

harm to public health or the environment.

(2) Class Two:

(a) Operation of a disposal system without first

obtaining a Water Pollution Control Facility

Permit; r>,

(b) Failure to submit a report or plan as required0

by rule permit, or license;

(c) Any violation of OAR Chapter 340, Division

49 regulations pertaining to certification of

wastewater system operator personnel;

(d) Placing wastes such that the wastes are likely

to enter public waters by any means;

(e) Failure by any ship carrying oil to keep

documentation of financial assurance on board

or on file with the Department as required by

ORS 468B.3oo to 468B.335 or rules adopted

thereunder;

(t) Any violation related to water quality which

is not otherwise classified in these rules.

(3) Class Three:

(a) Failure to submit a discharge monitoring

report on time;

(b) Failure to submit a complete discharge

monitoring report;

(c) Exceeding a waste discharge permit

biochemical oxygen demand (BOD),

carbonaceous biochemical oxygen demand

(CBOD), or' total suspended solids (TSS)

limitation by a concentration of 20 per cent or

less, or exceeding a mass loading limitation by

10 per cent or less; 0

(d) Violation of a removal efficiency requiremen '

by a factor of less than or equal to 0.2 times

the number value of the difference between

100 and the applicable removal efficiency

requirement (e.g., if the requirement is 65%

removal, 0.2(100-65) = 0.2(35) = 7%; then

7% would the maximum percentage that

would qualify under'this rule for a permit with

a 65% removal efficiency requirement);

(e) Violation of a pH requirement by less than 0.5

pH;

Slat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ78, f. 9-6-74, ef. 9-25-74; DEQ22-1984, f. 7ef. 11-8-84,

DEQ 17-1986, f. 7 ef. 9-18-86; DEQ22-1988, f. 7 cert. ef. 9-14-88;

DEQ 4-1989, f. 7 celt. ef. 3-14-89; DEQ 15-1990, f. & celt. ef. 3-30-

90; DEQ 21-1992, f. & celt. ef. 8-11-92

On-Site Sewage Disposal Classification of Violations

340-12-060 Violations pertaining to On-Site Sewage

Disposal shall be classified as follows:

(1) Class One:

(a) Violation of a Commission or Department

order;

(b) Performing, advertising or representing one's

self as being in the business of perfOrmingo

sewage disposal services without first

Printed by the Department of Environmental Quality: May 27, 1994 Page 13
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

•

•

•

obtaining and maintaining a current sewage

disposal service Iicense from the Department;

(c) Installing or causing to be installed an on-site

sewage disposal system or any part thereof, or

repairing any part thereof, without first

obtaining a permit;

(d) Disposing of septic tank, holding tank,

chemical toilet, privy or other treatment

facility contents in a manner or location not

authorized by the Department;

(e) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(t) Any violations related to on-site sewage

disposal which cause major harm or pose a

major risk of harm to public health, welfare,

safety or the environment.

(2) Class Two:

(a) Installing or causing to be installed an on-site

sewage disposal system, or any part thereof,

or the repairing of any part thereof, which

fails to meet the requirements for satisfactory

completion within thirty (30) days after

written notification or posting of a Correction

Notice at the site;

(b) Operating or using a nonwater-carried waste

disposal facility without first obtaining a letter

of authorization from the Agent;

(c) Operating or using a newly constructed,

altered or repaired on-site sewage disposal

system, or part thereof, without first obtaining

a Certificate of Satisfactory Completion;

(d) Providing any sewage disposal service in

violation of any statute, rule, license, or

permit, provided that the violation is not

otherwise classified in these rules;

(e) Failing to obtain an authorization notice from

the Agent prior to affecting change to a

dwelling or commercial facility that results in

the potential increase in the projected peak

sewage flow from the dwelling or commercial

facility in excess of the sewage disposal

system's peak design flow.

(t) Installing or causing to be installed a

nonwater-carried waste disposal facility

without first obtaining written approval from

the Agent;

(g) Failing to connect all plumbing fixtures to, or

failing to discharge waste water or sewage

into, a Department approved system;

(h) Operating or using an on-site sewage disposal

system which is failing by discharging sewage

or effluent onto the ground surface or into

surface public water;

(i) Any violation related to on-site sewage

disposal which is not otherwise classified -in

these rules.

(3) Violationswhere the sewage disposal system design.

flow is not exceeded, placing an existing system

into service, or changing the dwelling or type of

commercial facility, without first obtaining an

authorization notice are Class III violations.

Stat. Auth.: ORS 459.995, Ch. 454, 466, 467, 468.020, 468.996 &

Ch.468B

Hist.: DEQ 78, f. 9-6-74, ef. 9-25-74; DEQ 4-1981, f. & ef. 2-6-81;

DEQ 22-1984, f. & ef. rt-8-84; DEQ 22-1988, f. & cert. ef. 9-14-88;

DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. ef. 3-

30-90; DEQ 21-1992, f. & cert, ef. 8-11-92

Solid Waste Management Classification of Violations

340-12-065 Violations pertaining to the management,

recovery and disposal of solid waste shall be classified

as follows:

(1) Class One:

(a) Violation of a Commission or Department

Order;

(b) Establishing, expanding, maintaining or

operating a disposal site without first obtaining

a permit;

(c) Accepting solid waste for disposal in.: a

permitted solid waste unit or facility that-has

been expanded in area or capacity without first

submitting plans to the Department -and

obtaining Department approval;

(d) Violation of the freeboard limit which results

in the actual overflow of a sewage sludge or

leachate lagoon;

(e) Violation of the landfill methane gas

concentration standards;

(t) Violation of any federal or state drinking

water standard in an aquifer beyond the solid

waste boundary of the landfill, or an

alternative boundary specified by the

Department;

(g) Violation of a permit-specific groundwater

concentration limit, as defined in OAR 340-

40-030(3) at the permit-specific groundwater

concentration compliance point, as defined in

OAR 34O-40-o30(2)(e);

(h) Failure to perform the groundwater

monitoring action requirements specified in

OAR 340-40-030 (5), when a significant

increase (for pH, increase or decrease) in the

value of a groundwater monitoring parameter

is detected.

(i) Impairment of the beneficial uses(s) of an

aquifer beyond the solid waste boundary or an

{:

.. ',

Printed by the Department of Environmental Quality: May 27, 1994 Page 14
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

alternative boundary specified by the

Department;

G) Deviation from the approved facility plans

which results in an actual safety hazard, public

health hazard or damage to the environment;

(k) Failure to properly construct and maintain

groundwater, surface water, gas or leachate

collection, treatment, disposal and monitoring

facilities in accordance with the facility

permit, the facility environmental monitoring

plan, or Department rules;

(I) Failure to collect, analyze and report

groundwater, surface water or leachate quality

data in accordance with the facility permit, the

facility environmental monitoring plan, or

Department rules;

(m) Violation of a compliance schedule contained

in a solid waste disposal or closure permit;

(n) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(0) Knowingly disposing, or accepting for

disposal, used oil, in single quantities

exceeding 50 gallons, or lead acid batteries;

(P) Accepting, handling, treating or disposing of

clean-up materials contaminated by hazardous

substances by a landfill in violation of the

facility permit and plans as approved by the

Department or the provisions of OAR 340-61-

060.

(q) Accepting for disposal infectious waste not

treated in accordance with laws and

Department rules;

(r) Accepting for treatment, storage or disposal

wastes defined as hazardous under ORS

466.005, et seq, or wastes from another state

which are hazardous under the laws of that

state without specific approval from the

Department;

(s) Mixing for disposal or disposing of principal

recyclable material that has been properly

prepared and source separated for recycling;

(t) Any violation related to the management,

recovery and disposal of solid waste which

causes major harm or poses a major risk of

harm to public health or the environment.

(2) Class Two:

(a) Violation of a condition or term of a Letter of

Authorization;

(b) Knowingly accepting for disposal or disposing

of a material banned from land disposal under

ORS 459.247, except those materials specified

as Class I violations.

(c) Failure of a permitted landfill, ,solid waste

incinerator or a municipal solid waste compost0

facility operator or a metropolitan service

. district to report amount of solid· waste

disposed in accordance with the laws and rules

of the Department;

(d) Failure to report weight and type of material

recovered or processed from the solid waste

stream in accordance with the laws and rules

of the Department;

(e) Failure of a disposal site to obtain certification

for recycling programs in accordance with the

laws and rules of the Department prior to

accepting solid waste for disposal;

(t) Acceptance of solid waste by a permitted

disposal site from a person that does not have

an approved solid waste reduction program in

accordance with the laws and rules of the

Department;

. (g) Failure to comply with any solid waste permit

requirement. pertaining to permanent

household hazardous waste collection facility

operations;

(h) Failure to comply with landfill cover

requirements, including but not limited to

daily, intermediate, and final covers, and

limitation of working face size;

(i) Failure to comply with any plan approved by0

the Department;

G) Failure to submit a permit renewal application

prior to the expiration date of the existing

permit in accordance with the laws and rules

of the Department;

(k) Any violation related to solid waste, solid

waste reduction, or any violation of a solid

waste permit not otherwise classified in these

rules.

(3) Class Three:

(a) Failure to post required signs;

(b) Failure to control litter;

Stat.Auth.: ORS CH 459.995, Ch. 466, 467,468.020 & 466.996

Hist.: DEQ 78. r. 9-6-74, ef. 9-25-74; DEQ 1-1982,f. & ef. 1-28-82;

DEQ 22-1984. f. & ef, 11-8-84; DEQ 22-1988, r. & cert. ef. 9-14-88;

DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, f. & cert. cf, 3-

30-90; DEQ21-1992, r. &cert. er. 8-11-92; DEQ -1994, r. &cert.

ef, 3-15-94 -

Solid Waste Tire Management Classification of

Violations

340-12-066 Violations pertaining to the storage,

transportation and management of waste tires or tirederived products shall be classified as follows:

(I) Class One: 0

(a) Violation of a Commission or Department '

Printed by the Department of Environmental Quality: May 27, 1994 Page 15
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

•

•

•

Order;

(b) Disposing of waste tires or tire-derived

products at an unauthorized site;

(c) Violation of the compliance schedule or fire

safety requirements of a waste tire storage site

permit;

(d) Hauling waste tires or advertising or

representing one's self as being in the business

of a waste tire carrier without first obtaining

a waste tire carrier permit as required by laws

and rules of the Department;

(e) Hiring or otherwise using an unpermitted

waste tire carrier to transport waste tires;

(t) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(g) Any violation related to the storage,

transportation or management of waste tires or

tire-derived products which causes major harm

or poses a major risk of harm to public health

or the environment.

(2) Class Two:

(a) Violation of a waste tire storage site or waste

tire carrier permit other than aspecified Class

One or Class Three violation;

(b) Establishing, expanding, or operating a waste

tire storage site without first obtaining a

permit;

(c) Any violation related to the storage,

transportation or management of waste tires or

tire-derived products which is not otherwise

classified in these rules.

(3) Class Three:

(a) Failure to submit required annual reports in a

timely manner;

(b) Failure to keep required records on use of

vehicles;

(c) Failure to post required signs;

(d) Failure to submit a permit renewal application

in a timely manner;

(e) Failure to submit permit fees in a timely

manner;

(f) Failure to maintain written records of waste

tire disposal and generation;

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 4-1989, f. & cert. ef. 3-14-89; DEQ 15-1990, r. & celt.

ef. 3-30-90; DEQ 21-1992, f. & celt. ef. 8-11-92

Underground Storage Tank and Heating Oil Tank

Classification of Violations

340-12-067 Violations pertaining to Underground

Storage Tanks and cleanup of petroleum contaminated

soil at heating oil tanks shall be classified as follows:

(1) Class One:

(a) Violation of a Commission or Department

Order;

(b) Failure to report a release from an

underground storage tank or a heating oil tank

as required by statute, rule or permit;

(c) Failure to initiate and complete the

investigation or cleanup of a release from an

underground storage tank or a heating oil

tank;

(d) Failure to prevent a release from an

underground storage tank;

(e) Failure to submit required reports from the

investigation or cleanup of a release from an

underground storage tank or heating oil tank;

(t) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(g) Placement of a regulated material into an

unpermitted underground storage tank;

(h) Installation of an underground storage tank in

violation of the standards or procedures

adopted by the Department; .

(i) Failure to initiate and complete free product

removal in accordance with OAR 340-122-

235;

G) Failure to inmate and complete.' the

investigation or cleanup of a release from a

heating oil tank;

(k) Providing installation, retrofitting,

decommissioning, or testing services on an

underground storage tank or providing cleanup

of petroleum contaminated soil at an

underground storage tank without first

registering or obtaining an underground

storage tank service providers license;

(I) Supervising the installation, retrofitting,

decommissioning, or testing of an

underground storage tank or supervising

cleanup of petroleum contaminated soil at an

underground storage tank without first

obtaining an underground storage tank

supervisors license;

(m) Any other violation related to underground

storage tanks or heating oil tanks or cleanup

of petroleum contaminated soil at heating oil

tanks which poses a major risk of harm to

public health and the environment.

(2) Class Two:

(a) Failure to conduct required underground

storage tank monitoring and testing activities;

(b) Failure to conform to operational standards for

Printed by the Department of Environmental Quality: May 27, 1994 Page 16
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

underground storage tanks and leak detection

systems;

(c) Failure to obtain a permit prior to the

installation or operation of an underground

storage tank;

(d) Failure to properly decommission an

underground storage tank;

(e) Providing installation, retrofitting,

decommissioning or testing services on a

regulated underground storage tank or

providing cleanup of petroleum contaminated

soil at a regulated underground storage tank

that does not have a permit;

(t) Failure by a seller or distributor to obtain the

tank permit number before depositing product

into the underground storage tank or failure to

maintain a record of the permit numbers;

(g) Allowing the installation, retrofitting,

decommissioning or testing of an underground

storage tank or cleanup of petroleum

contaminated soil at an underground storage

tank by any person not licensed by the

department;

(h) Allowing cleanup of petroleum contaminated

soil at a heating oil tank by any person not

licensed by the Department;

(i) Providing petroleum contaminated soil cleanup

services at a heating oil tank without first

registering or obtaining a heating oil tank soil

matrix cleanup service provider license;

G) Providing supervision of petroleum

contaminated soil at a heating oil tank without

first registering or obtaining a heating oil tank

soil matrix cleanup supervisor license;

(k) Supervising petroleum contaminated soil

cleanup services at a heating oil tank without

first registering or obtaining a heating oil tank

soil matrix cleanup supervisor license;

(I) Failure to submit a corrective action plan

(CAP) in accordance with the schedule or

format established by the Department pursuant

to OAR 340-122-250;

(m) Failure by the tank owner to provide the

permit number persons depositing product into

. the underground storage tank;

(n) Failure to report a suspected release from an

underground storage tank;

(0) Any other violation related to underground

storage tanks or heating oil tanks or cleanup

of petroleum contaminated soil at a heating oil

tank that is not otherwise classified in these

rules.

(3) Class Three:

(a) Failure to submit an application for a new

permit when an underground storage tank is0

acquired by a new owner;

(b) Failure of a tank seller or product distributor

to notify a tank owner or operator of the

Department's permit requirements;

(c) Decommissioning, installing, or retrofitting an

underground storage tank or conducting a soil

matrix cleanup without first providing the

required notifications to the Department;

(d) Failure to provide information to the

Department regarding the contents of an

underground storage tank;

(e) Failure to maintain adequate decommissioning

records.

Stat. Auth.: ORS 459.995, 465.200 - 465.320, 466.705 - 466.995,

Ch. 467, 468.020 & 468.996

Hist.: DEQ 2-1988, r. 1-27-88, celt. ef. 2-1-88; DEQ 22-1988, r. &

celt. ef. 9-14-88; DEQ 4-1989, r. 7 celt. ef. 3-14-89; DEQ 15-1990,

r. & celt. ef. 3-30-90; 0 EQ 15-1991, r. & celt. ef, 8-14-91; 0 EQ 21-

1992, r. & celt. ef. 8-11-92

Hazardous Waste Management and Disposal

Classification or Violations

340-12-068 Violations pertaining to the management

and disposal of hazardous waste shall be classified as

follows:

(1) Class One: . 0'

(a) Violation of a Department or Commission

order;

(b) Failure to carry out waste analysis for a waste

stream or to properly apply "knowledge of

process";

(c) Operating a treatment, storage or disposal

facility (TSD) without a permit or without

meeting the requirements of OAR 340-105-

01O(2)(a);

(d) Failure to comply with the ninety (90) day

storage limit by a fully regulated generator or

the 180 day storage limit for a small quantity

generator where there is a gross deviation

from the requirement;

(e) Shipment of hazardous waste without a

.manifest;

(t) Systematic failure of a generator to comply

with the manifest system requirements;

(g) Failure to satisfy manifest discrepancy

reporting requirements;

(h) Failure to prevent the unknown entry or

prevent the possibility of the unauthorized

entry of persons or Iivestock into the waste

management area of a TSD facility;

(i) Failure to properly handle ignitable, reactive,

or incompatible wastes as required under 400

~.'

Printed by the Department of Environmental Quality: May 27, 1994 Page 17
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

•

•

•

CFR Part 264 and 265. 17(b)(1), (2), (3), (4)

and (5);

G) Illegal disposal of hazardous waste;

(k) Disposal of waste in violation of the land

disposal restrictions;

(I) Mixing, solidifying, or otherwise diluting

waste to circumvent land disposal restrictions;

(m) Incorrectly certifying a waste for disposal/

treatment in violation of the land disposal

restrictions;

(n) Failure to submit notifications/certifications as

required by land disposal restrictions;

(0) Failure to comply with the tank integrity

assessments and certification requirements;

(P) Failure of an owner/operator of a TSD facility

to have closure and/or post closure plan

and/or cost estimates;

(q) Failure of an owner/operator of a TSD facility

to retain an independent registered

professional engineer to oversee closure

activities and certify conformity with an

approved closure plan;

(r) Failure to establish or maintain financial

assurance for closure and/or post closure care;

(s) Systematic failure to conduct unit specific and

general inspections as required or to correct

hazardous conditions discovered during those

inspections;

(t) Failure to follow emergency procedures

contained in response plan when failure could

result in serious harm;

(u) Storage of hazardous waste in containers

which are leaking or present a threat of

release;

(v) Systematic failure to follow container labeling

requirements or lack of knowledge of

container contents;

(w) Failure to label hazardous waste containers

where such failure could cause an

inappropriate response to a spill or leak and

substantial harm to public health or the

environment;

(x) Failure to date containers with accumulation

date;

(y) Failure to comply with the export

requirements;

(z) Violation of any TSD facility permit, provided

that the violation is equivalent to any Class I

violation set forth in these rules;

(aa) Systematic failure to comply with OAR 340-

102-041, generator annual reporting

requirements and OAR 340-102-012, annual

registration information;

(bb) Systematic failure to comply with OAR 340-

104-075, Treatment, Storage, Disposal and

Recycling facility annual reporting

requirements and OAR 340-102-012, annual

registration information;

(cc) Construct or operate a new treatment, storage

or disposal facility without first obtaining a

permit;

(dd) Installation of inadequate groundwater

monitoring wells such that detection of

hazardous waste or hazardous constituents that

migrate from the waste management area

cannot be immediately be detected;

(ee) Failure to install any groundwater monitoring

wells;

(ft) Failure to develop and follow a groundwater

sampling and analysis plan using proper

techniques and procedures;

(gg) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(hh) Any violation related to the generation,

management and disposal of hazardous waste

which causes major harm or poses a major

risk of harm to public health or the

environment.

(2) Any violation pertaining to the generation,

management and disposal of hazardous waste which

is not otherwise classified in these rules is a Class

Two violation.

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 1-1982, f. & ef. 1-28-82; DEQ 22-1984, f. & ef. 11-8-84;

DEQ 9-1986, f. & ef. 5-1-86; f. & ef. 5-1-86; DEQ 17-1986, f. & ef.

9-18-86; DEQ 22-1988, f. & celt. ef. 9-14~88; DEQ 4-1989, f. &

cert. ef. 3-14-89; DEQ 15-1990. f. 7 celt. ef. 3-30-90; DEQ 21-1992.

f. & celt. ef. 8-11-92

Oil and Hazardous Material Spill and Release

Classification of Violations

340-12-069 Violations pertaining to spills or releases of

oil or hazardous materials shall be classified as follows:

(1) Class One:

(a) Violation of a Commission or Department

Order;

(b) Failure to provide access to premises or

records when required by law, rule, permit or

order;

(c) Failure by any person having ownership or

control over oil or hazardous materials to

immediately cleanup spills or releases or

threatened spills or releases;

(d) Failure by any person having ownership or

control over oil or hazardous materials to

immediately report all spills or releases or

,. :

Printed by the Department of Environmental Quality: May 27, 1994 Page 18
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 18-1986, f. & ef. 9-18-86; DEQ 22-1988, f. & celt. ef.

9-14-88; DEQ 4-1989, f. & celt. ef. 3-14-89; DEQ 15-1990, f. &

celt. ef. 3-30-90; DEQ 21-1992, f. & celt. ef. 8-11-92; DEQ _-1994,

f. & celt. ef. 3-15-94

(2)

threatened spills or releases in amounts equal

to or greater than the reportable quantity;

(e) .Any violation related to the spill or release of

oil or hazardous materials which causes a

major harm or poses a major risk of harm to

public health or the environment;

(t) Any spill or release of oil or hazardous

materials which enters waters of the state.

Any violation related to the spill or release of oil or

hazardous materials which is not otherwise

classified in these rules is a Class Two violation.

quantity of oil spread exceeds 50 gallons pero,

event;

(b) Spreading used oil contaminated with

hazardous waste or failing to meet the limits

for materials set in OAR 340-111-030;

(c) Any violation related to the management of

used oil which causes major harm or poses a

major risk of harm to public health or the

environment.

(d) Failure to provide access to premises or

records when required to do so by law, rule,

permit or order. .

(2) Class Two:

(a) Failure to notify the Department of activities

relating to spreading used oil;

(b) Any violation related to the management of

used oil which is not otherwise classified in

these rules.

PCB Classification of Violations

340-12-071 Violations pertaining to the management

and disposal of polychlorinated biphenyls (PCB) shall be

classified as follows:

(1) Class One:

(a) Violation of a Commission or Department

Order;

(b) Treating or disposing of PCBs anywhere other

than at a permitted PCB disposal facility:

(c) Establishing, constructing or operating a PCB

disposal facility without first obtaining a

permit;

(d) Failure to provide access. to premises or

records when required to by law, rule, permit

or order;

(e) Any violation related to the management and

disposal of PCBs which causes a major harm

or poses a major risk of harm to public health

or the environment.

(2) Class Two:

(a) Violating a condition of a PCB disposal

facility permit;

(b) Any violation related to the management and

disposal of PCBs which is not otherwise

classified in these rules.

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 22-1988, f. & celt. ef. 9-14-88; DEQ 4-1989, f. & celt.

ef. 3-14-89; DEQ 15-1990, f. & celt. ef. 3-30-90; DEQ 21-1992, f.

& celt. ef. 8-11-92

Used Oil Management Classification of Violations

340-12-072 Violations pertaining to the management of

used oil shall be classified as follows:

(1) Class One:

(a) Using untested used oil as a dust suppressant

or pesticide, or otherwise spreading untested

used oil directly in the environment, if the

Stat. Auth.: ORS 459.995, 468.020, 468.869, 468.870 & 468.996

Hist.: DEQ 33-1990, f. & celt. ef. 8-15-90; DEQ 21-1992, f. & celt.

ef. 8-11-92

Environmental Cleanup Classification of Violations

340-12-073 Violations of ORS 465.200 through

465.420 and related rules or orders pertaining to

environmental cleanup shall be classified as follow: 0 1

(1) Class One:

(a) Violation of a Commission or Department .

order;

(b) Failure to provide access to premises or

records when required to do so by law, rule,

permit or order;

(c) Any violation related to environmental

investigation or cleanup which causes a major

harm or poses a major risk of harm to pubIic

health or the environment.

(2) Class Two:

(a) Failure to provide information under ORS

465.250;

(b) Any violation related to environmental

investigation or cleanup which is not

otherwise classified in these rules.

Stat. Auth.: ORS 459.995, Ch. 466, 467, 468.020 & 468.996

Hist.: DEQ 22-1988, f. & celt. ef. 9-14-88; DEQ 4-1989, f. & celt.

ef. 3-14-89; DEQ 15-1990, f. & celt. ef. 3-30-90; DEQ 21-1992, f.

& celt. ef. 8-11-92

Selected Magnitude Categories

340-12-090

(1) Magnitudes for select violations pertaining to Air

Quality may be determined as follows: 0

Printed by the Department of Environmental Quality: May 27, 1994 Page 19

--..... -.--- -.._.-.- ......,---~---_.-. -.--.---.-.- -. -.---... ..-- ...- - ,"'-... ..... "-~--."._"''''-'''''':'' .- '-'.-'---..~"-.,, ,._-.... ~.-,---";' ...,.--.~--<;I" '.~:""- _.
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

, .

'.

• (a) Opacity limitation violations:

(A) Major - Opacity measurements or

readings of more than 25 percent

opacity over the applicable

limitation;

(B) Moderate - Opacity measurements

or readings from greater than 10

percent to 25 percent or less opacity

over the applicable limitation.

(C) Minor - Opacity measurements or

readings of 10 percent or less

opacity over the applicable

limitation;

Pollutant

(b) Steaming rates and fuel usage limitations:

(A) Major - Greater than 1.3 times any

applicable limitation;

(B) Moderate - From 1.1 up to and

including 1.3 times any applicable

limitation;

(C) Minor - Less than 1.1 times any

applicable limitation.

(c) Air contaminant emission limitation violations

for selected air pollutants:

(A) Magnitude determination shall be

made based upon the following

Table:

Amount

•

•

Carbon Monoxide 100 tons

Nitrogen Oxide 40 tons

Particulate Matter ·25 tons*

(A) TSP 25 tons

(B) PM 10 15 tons

Sulfur Dioxide 40 tons

Volatile Organic Compounds 40 tons*

Lead 1200 tons

Mercury 200 tons

. Beryllium .8 tons

Asbestos 14 tons

Vinyl Chloride I ton

Fluorides 3 tons

Sulfuric Acid Mist 7 tons

Hydrogen Sultide 10 tons

Total Reduced Sulfur 10 tons

(including hydrogen sulfide)

Reduced Sulfur Compounds 10 tons

(including hydrogen sulfide)

NOTE: For the nonattainment portions of the Medford-Ashland Air Quality Maintenance Area, and

the Klamath Falls Urban Growth Area, the numbers to be used for Particulate Matter (both TSP and PM

10) shall be 5 tons, and for Volatile Organic Compounds shall be 20 tons.

Printed by the Department of Environmental Quality: May 27, 1994 Page 20
OREGON ADMINISTRATIVE RULES

CHAPTER 3~, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

<*eater than 1.6 times any

applicable maximum flow rate,

concentration limitation, or any

applicable mass limitation; or

Greater than 50 percent below any

applicable minimum concentration

limitation; or C

(B)

(0)

(B)

(0)

(B)

(C)

(d) Asbestos violations: 0

(A) Major - More than 260 lineal feet 0

more than 160 square feet or more

than 35 cubic feet of asbestoscontaining material;

Moderate - From 40 lineal feet up

to and including 260 lineal feet or

from 80 square feet up to and

including 160 square feet or from

17 cubic feet up to and including 35

cubic feet of asbestos-containing

material;

Minor - Less than 40 lineal feet or

80 square feet or less than 17 cubic

feet of asbestos-containing material;

The magnitude of the asbestos

violation may be increased by one

level if the material was comprised

of more than 5% asbestos.

(e) Asbestos air clearance violations:

(A) Major - More than .1 fibers per cubic

centimeter;

(B) Moderate - More than .05 fibers per

cubic centimeter up to and including .1

fibers per cubic centimeter;

(C) Minor - More than .01 fibers per cubic

centimeter up to and including .05 fibers

(t) Open

per cubic centimeter.

burning violations: C

(A) Major - Open burning of material

constituting more than five cubic

yards in volume;

Moderate - Open burning of

material constituting from 1 up to

and including 5 cubic yards in

volume;

(C) Minor - Open burning of material

constituting less than one cubic yard in

volume.

For the purposes of determining the

magnitude of a violation only, five

tires shall be deemed the equivalent

in volume to one cubic yard.

(2) Magnitudes for select violations pertaining to Water

Quality wastewater discharge limitations may be

determined as follows:

(a) Major:

(A)

(B) Major:

(i) Exceeding the annual .amount as

established by permit, rule or order

by more than the above amount;

(ii) Exceeding the monthly amount as

established by permit, rule or order

by more than 10 percent of the

above amount;

(iii) Exceeding the permitted amount as

established by permit, rule or order

by more than 0.5 percent of the

above amount;

(iv) Exceeding the hourly amount as

established by permit, rule or order

by more than 0.1 percent of the

above amount.

(C) Moderate:

(i) Exceeding the annual amount as

established by permit, rule or order

by an amount from 50 up to and

including 100 percent of the above

amount;

(ii) Exceeding the monthly amount as

established by permit, rule or order

by an amount from 5 up to and

including 10 percent of the above

amount;

(iii) Exceeding the daily amount as

established by permit, rule or order

by an amount from 0.25 up to and

including 0.50 percent of the above

amount;

(iv) Exceeding the hourly amount as

established by permit, rule or order

by an amount from 0.05 up to and

including 0.10 percent of the above

amount.

(0) Minor:

(i) Exceeding the annual amount as

established by permit, rule or order

by an amount less than 50 percent

of the above amount;

(ii) Exceeding the monthly amount as

established by permit, rule or order

by an amount less than 5 percent of

the above amount;

(iii) Exceeding the daily amount as

established by permit, rule or order

by an amount less than 0.25 percent

of the above amount;

(iv) Exceeding the hourly amount as

established by permit, rule or order

by an amount less than 0.05 percent

of the above amount.

Printed by the Department of Environmental Quality: May 27, 1994 Page 21

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•

OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

(B)

(E)

"

CFR 262.34 and OAR Chapter 340, Division

102 generator requirements:

(A) Major - Failure to comply with 5

or more requirements listed in (0)

below, or any mismanagement of

hazardous waste when more than

2000 gallons of hazardous waste are

involved in the violation;

(B) Moderate - Failure to comply with

3 or 4 requirements listed in (0)

below, or any mismanagement of

hazardous waste when from 500 up

to and including 2000 gallons of

hazardous waste are involved in the

violation;

(C) Minor - Failure to comply with 2 or

fewer of the requirements listed in

(0) below, or any mismanagement

of hazardous waste when less than

500 gallons of hazardous waste' are

involved in the violation.

(0) Failure to comply with:

(i) 40 CFR 262.34(a)(2) (accumulation

date).

(ii) 40 CFR 262.34(a)(3) (marked as

hazardous waste). '

(iii) 40 CFR 265.171 (container·.

condition).

(iv) 40 CFR 265.173 (container

management);

(v) 40 CFR 265.191 (tank system

integrity assessment).

(vi) 40 CFR 265.196 (tank leak

response).

(vii) Exceeding the applicable storage

time limits.

(viii) Non-compliance with three or more

40 CFR 262.34 standards not listed

above.

(c) Hazardous Waste disposal violations:

(A) Major - Disposal of more than 150

gallons of hazardous waste, or the

disposal of more than 3 gallons of

acutely hazardous waste, or the

disposal of any amount of hazardous

waste or acutely hazardous waste

that has a substantial impact on the

local environment into which it was

placed;

(B) Moderate - Disposal of 50 to 150

gallons of hazardous waste, or the

disposal of 1 to 3 gallons of acutely

hazardous waste;

(C) Minor - Disposal of less than 50

(B)

(C)

(0)

(C)

(0)

(c) Minor:

(A)

(C) Greater than 2 pH units above or

below any applicable pH range; or

(0) Greater than 10 percentage points

below any applicable removal rate.

(b) Moderate:

(A) From 1.3 up to and including 1.6

times any applicable maximum flow

rate, concentration limitation, or any

applicable mass limitation; or

(B) From 25 up to and including 50

percent below any applicable

minimum concentration. limitation;

or

(C) From 1 up to and including 2 pH

units above or below any applicable

pH range; or

(0) From 5 up to and including 10

percentage points below any

applicable removal rate.

Less than 1.3 times any applicable

maximum flow rate, concentration

limitation or any applicable mass

limitation; or

Less than 25 percent below any

applicable minimum concentration

limitation; or

Less than 1 pH unit above or below

any applicable pH range; or

Less than 5 percentage points below

any applicable removal rate.

(3) Magnitudes for select violations pertaining to

Hazardous Waste may be determined as foIlows:

(a) Failure to make a hazardous waste

determination:

(A) Major - Failure to make the

determination on five or more waste

streams;

Moderate - Failure to make the

determination on three or four waste

streams;

Minor - Failure to make the

determination on one or two waste

streams.

The magnitude of the violation may

be increased by one level, if more

than 1000 gallons of hazardous

waste is involved in the violation.

The magnitude of the violation may

be decreased by one level, if less

than 250 gallons of hazardous waste

is involved in the violation.

(b) Operating a hazardous waste storage facility

without a permit by failing to meet the 40

•

•

I"

Printed by the Department of Environmental Quality: May 27, 1994 Page 22
OREGON ADMINISTRATIVE RULES

CHAPTER 340, DIVISION 12 - DEPARTMENT OF ENVIRONMENTAL QUALITY

gallons of hazardous waste, or the

disposal of less than 1 gallon of

acutely hazardous waste.

(d) Hazardous Waste management violations:

(i) Major - Failure to comply with

hazardous waste management

requirements when more than 2,000

gallons of hazardous waste, or more than

40 gallons of acutely hazardous waste,

are involved in the violation;

(ii) Moderate - Failure to comply with

hazardous waste management

requirements when 500 to 2,000 gallons

of hazardous waste, or when 10 to 40

gallons of acutely hazardous waste, are

involved in the violation;

(iii) Minor - Failure to comply with

hazardous waste management

requirements when less than 500 gallons

of hazardous waste, or 10 gallons of

acutely hazardous waste are involved in

the violation.

(4) Magnitudes for select violations pertaining to Solid

Waste may be determined as follows:

(a) Operating a solid waste disposal facility

without a permit;

(i) Major - If the volume of material

disposed of exceeds 400 cubic yards;

(ii) Moderate - If the volume of material

disposed of is between 40 and 400 cubic

yards;

(iii) Minor - If the volume of materials

disposed Of is less than 40 cubic yards.

(iv) The magnitude of the violation may be

raised by one magnitude if the material

disposed of was either in the floodplain

of waters of the state or within 100 feet

of waters of the state.

Slat. Auth.: ORS 459.995, 468.020 & 468.996

Hist.: DEQ 21-1992, f. & celt. ef. 8-11-92; DEQ -1994, f. & celt.

ef. 3-15-1994 -

Printed by the Department of Environmental Quality: May 27, 1994 Page 23

c

c~
•

•

•

Toxics Use Reduction

Oregon Rules

(Effective. as of

March 22, 1994)

Department of Environmental Quality

811 SW Sixth Avenue

Portland, Oregon 97204

(503) 229-5913

STATE OF OREGON
This page is intentionally left blank

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.-.:..:...._ :_.. -_ -.- _ ...

•

TABLE OF CONTENTS

Division

135

135

Title

Toxics Use Reduction and Hazardous Waste Reduction

General Regulations

Appendix 1

"Listing of Toxic Substances and Hazardous Wastes"

•

•

Note: All page numbers have the division number preceding it. To search for a specific

division look at the page numbers.
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•

DIVISION 135

TOXICS USE REDUCTION

HAZARDOUS WASTE REDUCTION

General Regulations

Adopted by the Environmental Quality Commission

August 10, 1990 and filed with the Secretary of State on

August 20, 1990

•

000

010

020

030

040

050

060

070

080

090

100

110

Purpose

General Policies

Definitions (Rev. 3/11/94, Eff. 3/22/94)

Applicability

Identification and Listing of Toxic

Substances and Hazardous Wastes (Rev. 3/11/94, Eff. 3/22/94)

Plan Requirements and Notice of Plan Completion

Performance Goals

Annual Progress Report Requirements

Optional Reporting Requirements

Information Access and Review Procedures for Compliance

Designation of Trade Secret Information

Compliance and Enforcement Procedures

••

Appendix 1 Listing of Toxic Substances and Hazardous Waste

(Rev. 10/16/92, Effective 11/1/92; Rev. 3/11/94, Eff. 3/22/94)

*** 135-i *** (Last Revision - 3/94)
This page is intentionally left blank

*** 135-ii ***

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(Last Revision - 3/94)
•

OAR·340-135-000

Purpose

The rules within this Division establish the minimum requirements for toxics use reduction and

hazardous waste reduction. Other federal, state and local programs may contain additional

requirements. The primary purpose of these rules is to describe the comprehensive planning

requirements for toxic use reduction and hazardous waste reduction, assure measurable performance

goals, and monitor the use and reduction of toxic substances and generation and reduction of

hazardous wastes. The rules are adopted pursuant to the authority of and are to be used in

conjunction with ORS Chapter 465.003 through 465.037.

OAR 340-135-010

General Policies

(1) Reduction in the use of toxic substances and reduction in the generation of hazardous

waste is encouraged when technically and economically practicable without shifting

risks from one part of a process, environmental media or product to another.

•

(2) Priority shall be given to reduction methods that reduce the amount of toxics used and,

where that is not technically and economically practicable, methods that reduce the

generation of hazardous waste.

(3) The Department shall attempt to coordinate with other state and federal toxics use and

hazardous waste programs. Special emphasis shall be placed on data and information

sharing where practicable, training programs and technology transfer.

(4) Methods that reduce the quantity and toxicity of hazardous waste generated should have

priority over management methods that reuse hazardous waste, recycle hazardous waste

that cannot be reused, treat hazardous waste, or dispose of hazardous waste by land

filling.

OAR 340-135-020

Definitions

(1) "Commission" means the Environmental Quality Commission.

•

(2) "Conditionally Exempt Generator" means 'a hazardous waste generator who generates in

one calendar month less than, or equal to, 2;2 pounds of acute hazardous waste as

defined in ORS 466.005 and OAR Chapter 340 Divisions 100 and 101, or who

generates in one calendar month less than, or equal to, 220 pounds of hazardous waste

or does not accumulate at any time greater than 2,200 pounds of hazardous waste as

defined in ORS 466.005 and OAR Chapter 340 Divisions 100 and 101.

*** 135-1 *** (Last Revision - 3/94)
(3) "Depamnent" means the Depamnent of Environmental Quality.

(4) "Director" means the Director of the Department of Environmental Quality. o

(5) . "Facility" means all buildings, equipment, structures and other stationary items located

on a single site or on contiguous or adjacent sites and owned or operated by the same

person or by any person who controls, is controlled by or under common control with

any person.

(6) "Fully Regulated Generator" or "Large Quantity Generator" means as used in these

rules a hazardous waste generator who generates in any calendar month greater than

2.2 pounds of acute hazardous waste, or accumulates at any time greater than 2.2

pounds of acute hazardous waste, or who generates in any calendar month greater than

or equal to 2,200 pounds of hazardous waste as defined by ORS'466.005 and OAR

Chapter 340 Divisions 100 and 101.

(7) "Generator" means a person who, by virtue of ownership, management or control, is

responsible for causing or allowing to be caused the creation of hazardous waste.

(8) "Hazardous Waste" has the meaning given that term in ORS 466.005 and OAR Chapter

340 Divisions 100 and 101.

(9)

(10)

"Large User" means a facility required to report under Section 313 of Title III of the

Superfund Amendments and Reauthorization Act of 1986 (PL 99-499).

"Person" means individual, the United States, the state or a public or

private corporation, local government unit, public agency, partnership,

association, firm, trust, estate or any other legal entity.

o

(11) "Public Record" has the meaning given to it in ORS 192.410.

(12) "Reclamation" means a process to recover a usable product, or to regenerate a usable

material. Examples are recovery of lead values from spent batteries and regeneration

of spent solvents.

(13) "Recycled" means used, reused, .or reclaimed, and has the same meaning given it in 40

CFR 261.2.

(14) "Remedial Activities" means the following environmental cleanup activities:

(a)

(b)

(c)

(d)

(e)

(t)

"Corrective Action" as defmed in ORS 466.706(3);

"Release" as defmed in ORS 466.706(17);

"Remedial Action" as defmed in ORS 465.200(15);

"Removal" as defined in ORS 465.200(17);

"Cleanup" as defmed in ORS 466.605(2); and

"Spill or Release" as defmed in ORS 466.605(12).

*** 135-2 ***

o

(Last Revision - 3/94)
•

(15) "Small Quantity Generator" means a generator who generates in any calendar month

greater than 220 pounds and less than 2,200 pounds of hazardous waste as defined by

ORS 466.005 and OAR Chapter 340 Divisions 100 and 101.

(16) "Toxic Substance" or "toxics" means any substance in a gaseous, liquid or solid state

listed pursuant to Title III Section 313 of the Superfund Amendments and

Reauthorization Act of 1986, or any substance added by the Commission under the

authority of ORS 465.009 and OAR 340-135-040. "Toxic Substance" does not include

a substance when used as a pesticide or herbicide in routine commercial agricultural

applications, or any substance deleted by the Commission under the authority of ORS

465.009 and OAR 340-135-040.

(17) "Toxies use" means use or production of a toxic substance.

(18) "Toxics Use Reduction" means in-plant changes in production or other processes or

operations, products or raw materials that reduce, avoid or eliminate the use or

production of toxic substances without creating substantial new risks to public health,

safety and the environment. Reduction may be proportionate to increases or decreases

in production or other business changes. Reduction means application of any of the

following techniques:

•

(a)

(b)

Input substitution, by replacing a toxie substance or raw material used in a

production or other process or operation with a nontoxic or less toxic substance;

Product reformulation, by substituting for an existing end product, an end

product which is nontoxic or less toxic upon use, release or disposal;

•

(c) Production or other process or operation modernization, by upgrading or

replacing existing equipment and methods with other equipment and methods;

(d) Production or other process or operation redesign or modifications;

(e) Improved operation and maintenance of production processes or equipment or

methods, and modifications or additions to existing equipment or methods,

including techniques such as improved housekeeping practices, system

adjustments, product and process inspections or production or process changes;

or

(t) Recycling, reuse or extended use of toxies by using equipment or methods that

become an integral part of the production or other process or operation of

concern, including but not limited to filtration and other methods.

(19) "Toxics user" means a large user, a large or a small quantity generator.

(20) "Trade Secret" has the meaning given to it in ORS 192.501 .

*** 135-3 *** (Last Revision - 3/94)
(21) "Treatment" means any method, technique, or process, including neutralization,

designed to change the physical, chemical, or biological character or composition of C

any hazardous waste so as to:

(a) neutralize such waste,

(b) recover energy or material resources from the waste,

(c) render such waste non-hazardous or less hazardous,

(d) make it safer for transport, storage, or disposal, or

(e) make it amenable for recovery, amenable for storage, or reduce its volume.

(22) "Used or reused" means a material that is:

(a)

(b)

Employed as an ingredient (including use as an intermediate) in

an industrial process to make a product (for example, distillation

bottoms from one process used as a feedstock in another process).

However, a material will not satisfy this condition if distinct

components of the material are recovered as separate end

products (as when metals are recovered from metal-containing

secondary materials); or

Employed in a particular function or application as an effective

substitute for a commercial product (for example, spent pickle

liquor used as phosphorous precipitant and sludge conditioner in

wastewater treatment).

(23) "Waste Reduction" means:

(a) Any recycling or other activity applied after hazardous waste is generated that is

consistent with the general goal of reducing present and future threats to public

health, safety and the environment. Reduction may be proportionate to the

increase or decrease in production or other business changes. The recycling or

other activity shall result in:

(A) The reduction of total volume or quantity of hazardous waste generated

that would otherwise be treated, stored or disposed; or

(B) The reduction of toxicity of hazardous waste that would otherwise be

treated, stored or disposed of; or

(C) Both the reduction of total volume or quantity and the reduction of

toxicity of hazardous waste; and

(D) Does not result in: 1) the transfer of hazardous constituents from one

environmental medium to another; 2) concentrate waste solely for the

o

*** 135-4 *** (Last Revision - 3/94)
•

purposes of reducing volume; and 3) use dilution as a means of reducing

toxicity.

(b) On-site or off-site treatment may be included where it can be shown that such

treatment confers a higher degree of protection of the public health, safety and

the environment than other technically and economically practicable waste

reduction alternatives.

(Rev. 3/11/94, Eff. 3/22/94)

OAR 340-135-030

Applicability

(1) OAR 340-135-000 through OAR 340-135-110 apply to persons who are toxics users.

A toxies user is a large user, a large quantity generator, or a small quantity generator

as defined in OAR 340-135-020.

(2) All large users, large quantity generators, or small quantity generators are required to

complete reduction plans under OAR 340-135-050.

•

(3) The following toxies users are required to set performance goals under OAR

340-135-060:

(a) All large users, large quantity generators, or small quantity generators who use

any toxic substance in quantities greater than 10,000 pounds in a calendar year.

(b) All large users, large quantity generators, or small quantity generators who use

any toxic substance in quantities greater than 1,000 pounds in a calendar year

and that toxic substance equals greater than 10 percent of total toxies used in a

calendar year.

(c) All large quantity generators who generate a hazardous waste that represents 10

percent or more by weight of the cumulative hazardous wastes generated in a

calendar year.

•

(4) Toxics users who manufacture as a product any of the specific toxic substance(s)

defined in OAR 340-135-040 and Appendix 1 to Chapter 340, Division 135 are not

required to plan for the reduction in manufacturing the specific toxie substance(s) or to

establish performance goals for reduction of the specific toxic substance(s)

manufactured as a product.

*** 135-5 *** (Last Revision - 3/94)
OAR 340-135-040

Identification and Listing of Toxic Substances and Hazardous Waste

(1) Toxic Substances

The chemicals and chemical categories listed in Appendix 1 of OAR Chapter 340,

Division 135 are hereby incorporated in and made a part of this section and shall be

considered to be toxic substances subject to the requirements of OAR 340-135-000

through OAR 340-135-110 and ORS 465.003 through ORS 465.037.

(2) Hazardous Waste

Hazardous waste as described in Appendix 1 of OAR Chapter 340, Division 135 is

hereby incorporated and made a part of this section and is subject to the requirements

of OAR 340-135-000 through OAR 340-135-110 and ORS 465.003 through ORS

. 465.037 except hazardous waste as described in subsections (a) and (b) of this section.

(a) Hazardous waste that is generated as a result of remedial activities taken in

response to environmental contamination as defined in OAR 340-135-020(14).

(b) Hazardous waste produced by generators that were previously

conditionally exempt from hazardous waste regulations, that is the result

of one-time generation events:

(A) This includes, but is not limited to waste

from industrial process modifications,

storeroom cleanup and disposal of expired

chemical inventories, as long as these·

generation events do not occur more

frequently than once every five years.

(B) In the case where hazardous waste is generated in

amounts greater than 220 pounds or acutely

hazardous waste is generated in amounts greater

than 2.2 pounds per calendar month, in a year

following the original request for a one-time

exemption, an additional exemption may be granted

if the waste is generated under uncontrollable

circumstances such as fire or flood.

c

o

(3)

(C) , To qualify for an exemption to OAR 340-135-040,

a generator seeking an exemption must provide

written certification, to the Department, that the

waste was generated from a one-time event.

Identification

(a) The Environmental Quality Commission may add to or delete from the lists of

hazardous wastes and toxic substances identified in sections 1 and 2 of this rule

o

*** 135-6 *** (Last Revision - 3/94)
•

and listed in Appendix 1 of OAR Chapter 340, Division 135. The Commission

shall consider, at a minimum, the following conditions when adding to or

deleting from the lists.

(A)

(B)

(C)

(D)

Proportionate volume of toxie substance or hazardous

waste unique to Oregon; or

Amount of regional solid waste or hazardous waste off-site

disposal or treatment capacity; or

Impact on statewide or regional air quality, surface water

quality, groundwater quality, or other environmental

qualities; or

A substance is added to or deleted from 40 CFR Part 372 Subpart D or a e hazardous waste is added to or deleted from OAR 340-100-002 and OAR

340-101.

••

(b) Any additions or deletions to section 1 or 2 of this rule shall be made by

rulemaking at least annually and shall be so identified in Appendix 1 of OAR

Chapter 340; Division 135 as appropriate. Any additions or deletions under this

rule shall take effect for purposes of plan completion and annual progress report

completion in the calendar year following the addition or deletion. Any

additions or deletions are hereby incorporated in and made a part of this rule.

(Rev. 3/11/94, ECC. 3/22/94)

OAR 340-135-050

Reduction Plan Requirements and Certification

(1) Purpose

The purpose of a reduction plan is to reduce the use of toxies, to reduce the generation of

hazardous waste, and to encourage review of processes and procedures and a conscientious

search for reduction methods to implement. A reduction plan shall not be considered public

record except as provided under OAR 340-135-110 (1).

(2) General Plan Requirements

•

(a) All large users and large quantity generators in calendar year 1990 shall

complete a toxies use reduction and hazardous waste reduction plan on or before

September 1, 1991. All small quantity generators shall complete a toxics use

reduction and hazardous waste reduction plan on or before September 1, 1992.

*** 135-7 *** (Last Revision - 3/94)
(b) All persons who become toxics users after December 31, 1990 shall complete a

toxics use reduction and hazardous waste reduction plan on or before September 0

1 of the year succeeding the calendar year in which they become a toxies user.

(c) A facility required to complete a reduction plan may include as a preface to the

initial plan:

(A) An explanation and documentation regarding any toxics use reduction

and hazardous waste reduction efforts completed or in progress prior to

. the year a plan is required to be completed.

(B) An explanation and documentation regarding impediments to toxies use

reduction and hazardous waste reduction specific to the individual

facility.

fl

(d) The plan shall cover a minimum period of five (5) years and a maximum period

of ten (10) years, with annual updates during the tenn of the plan. After the

term of the plan, a person may choose to prepare a new plan or continue to

conduct .annual evaluations on reduction options.

(e)

(t)

For the purposes of establishing performance goals and for the reduction plan in

general, the baseline calendar year shall be the calendar year preceding the year

the initial plan is required to be completed.

The plan shall give priority to implementing toxics use reduction alternatives

over hazardous waste reduction alternatives, where technically and economically

feasible. Where the generation of a hazardous waste does not result from the

use of toxic substance, reduction plans shall give priority to methods that reduce

and/or eliminate the generation of that hazardous waste, such as those methods

listed in OAR 340-135-020 (18)(a) through (e). Where such methods are not

technically and economically feasible, waste reduction methods that apply to

hazardous waste after it has been generated shall be used, such as those methods

listed in OAR 340-135-020(23).

(g) The completed reduction plan shall be retained at the facility.

(3) Specific Plan Requirements

At a minimum the Reduction Plan shall include the requirements described below:

(a) Policy Statement

The plan shall include a written policy articulating upper management and

corporate support for the toxics use reduction and hazardous waste reduction

plan and a commitment to implement plan goals. o

*** 135-8 *** (Last Revision - 3/94)
•

(b)

(c)

Scope and Objectives

The plan shall include, but is not limited to, an evaluation of technologies,

procedures, and personnel training programs to insure that unnecessary toxic

substances are not used and unnecessary hazardous waste is not generated.

Reduction Assessments

The plan shall include an internal analysis of toxic substance usage and

hazardous waste generation, with periodic toxies use reduction and hazardous

waste reduction assessments, to review individual processes or facilities and

other activities where toxic substances are used and waste may be generated and

identify opportunities to reduce or eliminate toxic substance usage and waste

generation. In addition to this analysis the reduction assessment shall include:

(A) Evaluation of data on the types,' amount and hazardous constituents of

toxic substances used and hazardous waste streams' generated.

(B) Evaluation of where and why those toxics are used and waste is

generated within the production process or other operations.

•

(C) Identification and evaluation of potential toxies use reduction and

hazardous waste reduction and recycling techniques applicable to those .

toxic substances and wastes that would provide a reduction program for

overall toxics use and hazardous waste reduction, including those for "

which performance goals are required to be set and any others the toxics

user may wish to add.

(d) Accounting System

To the extent technically and economically feasible, the plan shall identify but is not

limited to the following toxics use and hazardous waste generation costs:

(A) Cost of toxic substances used.

(B) Cost of hazardous waste disposal.

(C) Cost of hazardous waste storage.

(D) Cost of hazardous waste treatment.

(E) Cost of environmental liability.

(F) Cost of compliance

These costs are to be incorporated into a toxics use and hazardous waste

accounting system.

•

(e) Employee Awareness and Training Program

The plan shall include a description of an employee awareness and, training

program that involves employees in toxies use reduction and hazardous waste

reduction planning and implementation to the maximum extent feasible.

*** 135-9 *** (Last Revision - 3/94)
(f) Institutionalization

The plan shall include a description of an ongoing effort that demonstrates the

reduction plan is incorporated into management practices and procedures.

c

(g) Feasibility Analysis

For the toxics substances and hazardous wastes for which a performance goal is

set, the plan shall include the following:

(A) A description of reduction options considered.

(B) An explanation of why options considered were not implemented.

(C) A description of reduction options that distinguishes between toxies use

reduction options and hazardous waste reduction options.

(D) An analysis of reduction options considered that demonstrates that toxics

use reduction options were given priority wherever technically and

economically practicable.

(E)

(F)

Identification of any positive or negative cross media effects on the

environment, public health, or other reduction measures.

Any other factors as needed. o

(h) Plan Implementation

The plan shall include the following:

(A) A description of technically and economically practicable toxics use

reduction and hazardous waste reduction options.

(B) A plan for implementation of reduction options that are selected for

implementation, with a schedule of tasks and dates for implementation.

(C) Any other factors important for implementation.

(i) Performance Goals

The plan shall include the information required under OAR 340-135-060 on

performance goals. As part of each reduction plan, a toxics user shall establish

specific performance goals for the reduction of toxic substances and the

reduction of hazardous waste according to the criteria described in OAR

340-135-060. o

*** 135-10 *** (Last Revision - 3/94)
•

(4) Notice of Plan Completion

Upon completion of a reduction plan, each toxics user shall notify the Department of

Environmental Quality in writing. The purpose of the notice is to certify that the

toxies user has completed a plan according to the requirements of OAR 340-135-050

and that the plan is available for inspection by the Department.:

(a) The notice shall be made on a form provided by the Department and shall

contain the following information:

The notice may include an optional description of toxics use reduction and

hazardous waste reduction achieved prior to the calendar year a plan is

completed. This information may be submitted to the Department of

Environmental Quality as a separate document and shall not be considered

public record.

•

(b)

(A)

(B)

(C)

(D)

(E)

(F)

Signature of senior manager or business owner.

Standard Industrial Classification (SIC) Code.

Name, physical location and mailing address of toxics user.

EPA hazardous waste identification number, if applicable. d

EPA toxic release inventory (TRI) identification number, if applicable.

Time period covered by the plan.

•

(c) Procedures for Submittal

All toxics users shall submit the completed and signed notice of plan completion

to the Department of Environmental Quality. Notices shall be submitted on a

form provided by the Department.

(A) Large toxics users and large quantity generators in calendar year 1990,

shall submit a notice of plan completion on or before September 1, 1991.

(B) Small quantity generators in calendar year 1991 shall submit a notice of

plan completion on or before September 1, 1992.

. (C) Any person who becomes a toxics user in any calendar year shall submit

a notice of plan completion on or before September 1 of the succeeding

calendar year .

*** 135-11 *** (Last Revision - 3/94)
OAR 340-135-060

Performance Goals

(1) General Requirements

(a) As a part of each reduction plan developed, a toxics user shall establish specific

performance.goals for the reduction of toxics use and reduction of hazardous

waste in the following categories;"

(A) Any toxic substance used in quantities in excess of 10,000 pounds in a

calendar year.

(B) Any toxic substance used in quantities in excess of 1,000 pounds in a

calendar year that constitutes 10 percent or more of the total toxic

substances used in that calendar year .

. (C) For large quantity generators, any hazardous waste representing 10

percent or more by weight of the cumulative hazardous wastes generated

in a calendar year.

c

(b)

(c)

Performance goals for reduction of other toxics use and hazardous waste

generation categories may also be established:

Performance goals are not required to be established under section (l)(a) of this

rule where the toxic substance as defined in OAR 340135-040 and Appendix 1

to Chapter 340, Division 135 is a product manufactured by the toxics user.

o

(2) Specific Requirements

Each performance goal shall be expressed in numeric terms. The numeric terms shall

be stated in percent reduction of pounds for at least a two-year and five-year period,

and an optional ten-year period if applicable to the reduction plan. Each toxics user

shall explain the rationale for each performance goal. The rationale for a particular

performance goal shall address any impediments to toxics use reduction and hazardous

waste reduction, including but not limited to the following:

(a) The availability of technically practicable toxics use reduction and hazardous

waste reduction methods, including any anticipated changes in the future.

(b) The economic practicability of available toxics use reduction and hazardous

waste reduction methods, including any anticipated changes in the future.

Examples of situations where toxics use reduction or hazardous waste reduction

may not be economically practicable include but are not limited to:

(A) For reasons of prioritization, a particular company has chosen to first

address other more serious toxics use reduction or hazardous waste

reduction concerns; or

o

*** 135-12 *** (Last Revision - 3/94)
•

(B) Necessary steps to reduce roxics use- and hazardous waste are likely to

have significant adverse impacts on product quality; or

(C) Legal or contractual obligations interfere with the necessary steps that

would lead to toxics use reduction or hazardous waste reduction, (e.g.,

existing contracts that require certain chemical usage).

(c) Cross media impacts that result in more severe environmental or human

exposure to toxic substances.

(3) Exceptions

If the establishment of a specific numeric performance goal is not technically and

economically practicable, the performance goal shall include a clearly stated list of

objectives designed to lead to the establishment of a numeric goal as soon as

practicable, and may identify a date by which thenumeric goal shall be established.

OAR 340-135-070

Annual Progress Report Requirements

• (1) General Requirements

(a) All toxics users required to complete a reduction plan under OAR 340-135-030

and OAR 340-135-050 shall complete annual progress reports. Annual progress

reports shall not be considered public record except as provided under section

(3) of this rule and OAR 340-135-110(1). The annual progress reports shall be

retained at the facility and shall meet the following requirements:

(b) Large toxics users and large quantity generators in calendar year 1990 shall

complete the first annual progress report on or before September 1, 1992. Each

subsequent annual progress report shall be completed on or before September 1

of each year.

(c) Small quantity generators in calendar year 1991 shall complete the first annual

progress report or before September 1, 1993. Each subsequent annual progress

report shall be completed on or before September 1 of each year.

(d) Any person who becomes a toxies user after calendar year 1990 shall complete

an annual progress report on or before September 1 of the year immediately

following the year they are required to complete a reduction plan under OAR

340-135-050 and annually thereafter.

• (e) If a toxics user no longer meets the definition of a toxics user under OAR

340-135-030 for one calendar year, the Department shall be notified of this

change in status in lieu of the annual progress report normally submitted for the

*** 135-13 *** (Last Revision - 3/94)
calendar year-following the change in status. Annual progress reports are not

required thereafter. If the person becomes a toxics user at any time thereafter CJ

the person is again subject to the requirements of OAR Chapter 340 Division . /

135. .

(2) Specific Requirements

(a) Each annual progress report shall contain the following information.

(A) Analysis of progress made, if any, in toxics use reduction and hazardous

waste reduction, related to each performance goal established under OAR

340-135-060.

(B) Any amendments to the toxics use reduction and hazardous waste

reduction plan and an explanation of the need for the amendments,

including any adjustment to performance goals.

(C) Annual quantities, in pounds, of toxics used related to the performance

goals established under OAR 340-135-060.

(D) Annual quantities, in pounds, of hazardous waste generated related to the

performance goals established under OAR 340-135-060.

(E) Narrative summary explaining the data in Section (2)(a)(C) and (D) of C

this rule.

(b) Each annual progress report may contain the. following information.

(A) Narrative description about the goals and progress made in reducing the

use of toxic substances and generation of hazardous waste.

(B) Narrative description of any impediments to reducing the use of toxic

substances and generation of hazardous waste.

(C) Any other information the toxics user determines to be needed for the

evaluation of the reduction plan and annual progress report.

(3) Reporting Requirements

(a) The following information from the Annual Progress Report shall be reported to

the Department no later than September 1, of each calendar year succeeding the

year a plan is completed. The information shall be reported on a form provided

by the Department and shall be public record.

(A) Name, mailing address and physical location of toxics user.

(B) Standard Industrial Classification Code o ......... 135-14 ......... (Last Revision - 3/94)
•

(C) EPA identification number, if applicable.

(D) TRI identification number, if applicable.

(E) Chemical name, CAS number, and annual number of pounds used for

each toxic substance for which a performance goal is required to be

established under OAR 340-135-060(1)(a)(A) and (B).

(F) Name of hazardous waste, waste code, annual number of pounds

generated for each hazardous waste for which a performance goal is

required to be established under OAR 340-135-060(1)(a)(C).

(G) Narrative explaining the data in section (3)(a)(E) and (F) of this rule.

(b) Toxics users may also report a production index, and background information

explaining how the production index is calculated, for the facility or for each

toxic substance used and hazardous waste generated for which a performance'

goal is established under OAR 340-135-060.

OAR 340-135-080

• Optional Reporting Requirements

(1) Purpose

The information in Section (2) of this rule is reported for administrative purposes to .

improve technical assistance and to evaluate the effectiveness of toxics use reduction

and hazardous waste reduction measures as required by ORS 465.012. The

information may be reported on a form provided by the Department no later than

September 1 of each calendar year succeeding the year in which the reduction plan is

completed. The information reported shall be considered public record. (The

information may be used in an aggregated manner to show trends and to determine

needs for technical assistance, as an example.)

(2) Information Reported

Each toxics user may report the following information to the Department in addition to

the information reported under the requirements of OAR 340-135-070.

(a) Performance goal, and any adjustment to the performance goal, for each toxic

substance for which a performance goal is established under OAR

340-135-060(1)(a)(A) and (B).

• (b) Performance goal, and any adjustment to the performance goal, for each

hazardous waste for which a performance goal is established under OAR

340-135-060(1)(a)(C).

*** 135-15 *** (Last Revision - 3/94)
(c) Reduction measures implemented for each toxic substance and each hazardous

waste for which a performance goal is established under OAR 340-135-

060(l)(a)(A),(B), and (C). 0

(d) Impediments to reduction for each toxics substance and each hazardous waste

for which a performance goal is established under OAR

340-135-060(1)(a)(A),(B), and (C).

OAR 340-135-090

Information Access and Review Procedures for Compliance

(1) Plans

(a) The complete reduction plan shall be maintained at each facility such that the

complete plan can be made available to the Department within the requirements

of subsection (b) of this section.

(b) The complete plan shall be made available for review to any officer, employee

or representative of the Department. The owner/operator of the facility shall

make the complete plan available for review within five (5) working days of

request by any officer, employee or representative of the Department. The plan 0

shall not be considered public record as defmed in ORS 192.410.

(c) Any officer, employee or representative of the Department may conduct a

review to determine if the plan has been completed and if it is adequate.

Determination of adequacy shall be based on the plan criteria as described in

OAR 340-135-050(2) and (3).

(d) Any officer, employee or representative of the Department may make notes,

compilations of data, or copies of the plan or portions thereof to the extent

necessary to document compliance and fulfill the requirements of section (l)(c)

and (e) of this rule. Any information recorded or obtained from the plan shall

not be considered public record as defmed in ORS 192.410, except as provided

in ORS 465.021.

(e) The Department may notify the toxics user in writing of any inadequacies,

identifying the specific deficiencies.

(f) . At the request of the toxics user, the Department may make technical assistance

available to assist the toxies user in modifying the plan.

(g) The toxics user shall be given not less than 90 days to correct the deficiencies

and submit a modified plan to the Department addressing the specific

deficiencies or to prepare a plan if none has been completed. The plan or 0

*** 135-16 *** (Last Revision - 3/94)
•

(h)

(i)

portion thereof, when submitted, shall not be considered public record under

ORS 192.410.

If the plan that is submitted is determined by the Department to be inadequate,

the Department may take action as described in OAR 340-135-110.

If no plan is completed and submitted within the time frame specified by the

Department under section (l)(g) of this rule, the Department may take action as

described in OAR 340-135-110.

(2) Annual Progress Reports

(a) Each complete annual progress report shall be maintained at each facility such

that the complete plan can be made available to the Department within the

requirements of subsection (b) of this section. Except for the information

required to be reported to the Department in OAR 340-135-070(3), the annual

progress report shall not be considered public record under ORS 192.410.

•

(b)

(c)

The complete annual progress report shall be made available for review to any

officer, employee or representative of the Department. The owner/operator of

the facility shall make the annual progress report available for review within

five (5) working days of request by any officer, employee or representative of .

the Department.

Any officer, employee or representative of the Department may review an

annual progress report to determine if the annual progress report is adequate.

Determination of adequacy shall be based on the criteria described in OAR

340-135-070.

•

(d) Any officer, employee or representative of the Department may make notes,

compilations of data, or copies of the annual progress reports or portions thereof

to the extent necessary to document compliance and fulfill the requirement

section (2)(c) and (e) of this rule. Any information recorded or obtained from

the annual progress reports shall not be considered public record as defmed in

ORS 192.410, except as provided in ORS 465.021.

(e) The Department may notify the toxics user in writing of any inadequacies,

identifying specific deficiencies.

(f) At the request of the toxies user, the Department may make technical assistance

available to assist the toxics user in modifying the annual progress report.

(g) The toxies user shall be given not less than 90 days to correct the deficiencies

or to prepare an annual progress report if none has been completed, and submit

I an annual progress report to the Department addressing the specific deficiencies.

The annual progress report or portion thereof, when submitted, shall not be

considered public record under ORS 192.410.

*** 135-17 *** (Last Revision - 3/94)
· .

(h) If the modified annual progress report submitted is determined by the

Department to be inadequate, the Department may take action as described in

OAR 340-135-110. 0

(i) If no annual progress report is completed and submitted within the time frame

specified by the Department under section (2)(g) of this rule, the Department

may take action as described in OAR 340-135-110.

(3) The Department shall maintain a log of the following information:

(a) Each plan reviewed;

(b) Each progress report reviewed;

(c) Each plan found deficient and a description of deficiencies and corrective

actions taken;

(d) Each progress report found deficient and a description of deficiencies and

corrective actions taken.

(4) Availability of Information

(a) Access to plans and progress reports submitted to the Department that are not

public record shall be limited to employees and representatives of the 0

Department involved in carrying out the responsibilities of the Toxics Use

Reduction and Hazardous Waste Reduction Act under DRS 465.003 through

ORS 465.037.

(b) Access to plans and progress reports submitted to the Department that are

determined to be public record, excluding any trade secrets, shall be open to

anyone desiring access to the information.

(c) The Department shall make the information described in section (3) of this rule

available to the public at the Department's office.

OAR 340-135-100

Designation of Trade Secret Information

(1) The plan, the annual progress reports, and any other information required to be

submitted to the Department may contain information that, even if the plan or the

annual progress reports become public record, may be classified trade secret and

exempt from public disclosure. Trade secret information must meet the following

criteria:

(a) Not the subject of a patent; and

o

*** 135-18 *** (Last Revision - 3/94)
(b) Only known to a limited number of individuals within an organization; and

• (c) Used in a business which the organization conducts; and

•

(d) Of potential or actual commercial value; and

(e) Capable of providing the user with a business advantage over competitors not

having the information.

(2) The following procedures shall be followed by the toxics user to designate information

as trade secret.

(a) Each individual page of a plan or progress report that contains trade secret

information must be clearly marked trade secret.

(b) Written substantiation describing what information is considered trade secret and

why must accompany the document. The written substantiation shall address

the following:

(A) Identify which portions of information are claimed trade secret.

(B) Identify how long confidential treatment is desired for this information.·

(C) Identify any pertinent patent information.

(D) Describe to what extent the information has been disclosed to others,

who knows about the information, and what measures have been taken to

guard against undesired disclosure of the information to others.

(E) Describe the nature of the use of the information in business.

(F) Describe why the information is considered to be commercially valuable.

(G) Describe how the information provides a business advantage over

competitors.

(H) If any of the information has been provided to other government

agencies, identify which one(s).

(I) Include any other information that supports a claim of trade secret.

•

(3) Any time the Department requests submittal of a plan or annual progress report under

OAR 340-135-090 or 340-135-110, the information required in section (2)(b) of this

rule shall also be submitted by the toxics user. At the time of submittal of the plan or

annual progress report, the toxics user shall submit two (2) copies of the document; one

copy with the claimed trade secret information omitted and one copy with the

information included.

*** 135-19 *** (Last Revision - 3/94)
(4) If no claim of trade secret and no substantiation accompanies submittal of a plan or

annual progress report, then the information may be considered public record as

provided for in OAR 340-135-110. o

(5) The Department shall designate a Document Control Officer for the purpose of

receiving information claimed to be trade secret and for secure storage and

management of trade secret information and any other information classed as

non-public record.

(6) The Department shall review information claimed by the toxics user to be trade secret.

If the Department concurs that the information meets the requirements of trade secret,

the information will be maintained as trade secret. If the Department determines that

the information does not meet the requirements for trade secret, then the Department

shall request the Attorney General to review and make a fmal determination. If it is

determined that the information is not trade secret, the Department shall notify the

person submitting the information of the determination.

(7) Access to information submitted as trade secret and determined to be trade secret shall

be limited to employees and representatives of the Department involved in carrying out

the responsibilities of the Toxics Use Reduction and Hazardous Waste Reduction Act

under ORS 465.003 through ORS 465.037.

OAR 340-135-110

Compliance and Enforcement Procedures

(1) Compliance Procedures

Procedures in this rule apply to toxics use reduction and hazardous waste reduction

plans as described in OAR 340-135-050 and -060 and annual progress reports as

described in OAR 340-135-070. The procedures in Section (l)(a) through (d) of this

rule shall apply only after the procedures in OAR 340-135-090(1)(a) through (g) or

(2)(a) through (g) have been followed.

(a) If a toxics user fails to comply with the notice of deficiency in the time frame

required the Department may:

(A) Issue a second notice of deficiency requiring compliance in not less than

90 days, or;

(B) Issue an administrative order requiring compliance in not less than 90

days. .

o

(b) The administrative order issued under section (l)(a)(B) of this rule shall become

fmal in 21 days if the toxics user fails to request a contested case hearing beforeC

the Commission.

*** 135-20 *** (Last Revision - 3/94)
•

(c) If a contested case hearing is requested, the hearing shall be conducted before

the Commission as provided under ORS 183.415.

(d) If a toxies user fails to comply with the administrative order issued under

section (l)(a)(B) of this rule the Department shall hold a public hearing on the

reduction plan or annual progress report. The reduction plan or annual progress

report shall become public record, exclusive of trade secret information; and

(e) If a toxics user fails to comply with the administrative order issued under

section (l)(a)(B) of this rule, the Department may seek enforcement through

judicial action for equitable relief.

(2) Enforcement Restrictions

In accordance with ORS 465.012, on-site technical assistance provided for the

development and implementation of a toxics use reduction and hazardous waste

reduction plan shall not result in hazardous waste inspections or enforcement actions

except under the following conditions:

•

(a)

(b)

If, during on-site technical assistance, there is reasonable cause to believe there

exists a clear and immediate danger to the public health and safety or to the

environment the Department may initiate compliance and enforcement action

immediately.

For the purposes of initiating enforcement under section (2)(a) of this rule the

term "clear" shall mean plain, evident, free from doubt; and the term

"immediate danger" shall mean a situation where there is substantial likelihood

that serious harm may be experienced within the time frame necessary for the

department to pursue an enforcement action (e.g. observation of a leaking

drum). -

DIVISION 135

APPENDIX 1

•

LISTING OF TOXIC SUBSTANCES AND HAZARDOUS WASTES

The following list of toxic substances and hazardous wastes is subject to the requirements of OAR

340-135-000 through OAR 340-135-110 and ORS 465.003 through ORS 465.037 except hazardous

waste as described in OAR 340-135-040(2) subsections (a) and (b).

*** 135-21 *** (Last Revision - 3/94)
1. Toxic Substances

(a)

CAS

Number

75-07-0

60-35-5

67-64-1

75-05-8

53-96-3

107-02-8

79-06-1

79-10-7

107-13-1

309-00-2

107-18-6

107-05-1

7429-90-5

1344-28-1

117-79-3

60-09-3

92-67-1

82-28-0

7664-41-7

6484-52-2

7783-20-2

62-53-3

90 - 04 -.0

104-94-9

134-29-2

120-12-7

7440-36-0

7440-38-2

1332-21-4

7440-39-3

98-87-3

55-21-0

71-43-2

92-87-5

98-07-7

98-88-4

94-36-0

100-44-7

7440-41-7

92-52-4

Alphabetical List of Chemicals

Chemical Name

Acetaldehyde

Acetamide

Acetone

Acetonitrile

2-Acetylaminofluorene

Acrolein

Acrylamide

Acyrlic acid

Acrylonitrile

Aldrin [1,4:5,8-Dimethanonaphthalene,

1,2,3,4,10,10-hexochloro-1,4,4a,5,8,8ahexahydro-(1.alpha.,4.alpha.,4a.beta.,

5.alpha.,8.alpha.,8a.beta.)-]

Allyl alcohol . .. .

Allyl chloride. .,

Aluminum (fume or dust) .

Aluminum oxide (fibrous form)

2-Aminoanthraquinone

4-Aminoazobenzene . .

4-Aminobiphenyl

1-Amino-2-methylanthraquinone

Ammonia. .,

-Ammonium nitrate (solution)

Ammonium sulfate (solution)

Aniline

o-Anisidine

p-Anisidine

o-Anisidine hydrochloride

Anthracene

Antimony

Arsenic

Asbestos (friable)

Barium

Benzal chloride

Benzamide

Benzene ....

Benzidine .

Benzoic trichloride (Benzotrichloride)

Benzoyl chloride

Benzoyl peroxide

Benzyl chloride

Beryllium

Biphenyl

De Minimis

Concentration

(percent)

0.1

0.1

1.0

1.0

0.1

1.0

0.1

1.0

0.1

1.0

1.0

1.0

1.0

0.1

0.1

0.1

0.1

0.1

1.0

1.0

1.0

1.0

0.1

1.0

0.1

1.0

1.0

0.1

0.1

1.0

1.0

1.0

0.1

0.1

0.1

1.0

1.0

1.0

0.1

1.0

c

o

o

Appendix 1 *** 135-22 *** (Last Revision - 3/94)
•

•

•

CAS

Number

111-44-4

542-88-1

108-60-1

103-23-1

353-59-3

75-25-2

74-83-9

75-63-8

106-99-0

141-32-2

71-36-3

78-92-2

75-65-0

85-68-7

106-88-7

123-72-8

4680-78-8

569-64-2

989-38-8

1937-37-7

2602-46-2

16071-86-6

2832-40-8

3761-53-3

81-88-9

3118-97-6

97-56-3

842-07-9

492-80-8

128-66-5

7440-43-9

156-62-7

133-06-2

63-25-2

75-15-0

56-23-5

463-58-1

120-80-9

133-90-4

57-74-9

Chemical Name

Bis(2-chloroethyl)ether .

Bis(chloromethyl)ether .

Bis (2-chloro-1-methylethyl) ether

Bis(2-ethylhexyl)adipate ...

Bromochlorodifluoromethane (Halon 1211)

Bromoform (Tribromomethane) . . .

Bromomethane (Methyl bromide)

Bromotrifluoromethane (Halon 1301)

l,3-Butadiene

Butyl acrylate

n-Butyl alcohol

sec-Butyl alcohol

tert-Butyl alcohol

Butyl benzyl phthalate

l,2-Butylene oxide

Butyraldehyde . . . c.r. Acid Green 31 .

c.r. Basic Green 41

c.r. Basic Red 11 .

c.r. Direct Black 38 1

c.r. Direct Blue 61

c.r. Direct Brown 95 1

c.r. Disperse Yellow 31

c.r. Food Red 51 ...

c.r. Food Red 151

c.r. Solvent Orange 71

c.r. Solvent Yellow 31

c.r. Solvent Yellow 141 ...

c.r. Solvent Yellow 34 (Aurimine) 1

c.r. Vat Yellow 41

Cadmium .

Calcium cyanamide . . . . . .

Captan (lH-rsoindole-1,3(2H)-dione,

3a,4,7,7a-tetrahydro-2-

[(trichloromethyl)thio]-]

Carbaryl [l-Naphthalenol,

methylcarbamate]

Carbon disulfide

Carbon tetrachloride

Carbonyl sulfide

Catechol .....

Chloramben [Benzoic acid,

3-amino-2,5-dichloro-]

Chlordane [4,7-Methanoindan,

l,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a-hexahydro-]

De Minimis

Concentration

(per cent )

1.0

0.1

1.0

1.0

1.0

1.0

1.0

1.0

0.1

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.1

0.1

0.1

0.1

1.0

0.1

0.1

1.0

0.1

0.1

0.1

1.0

0.1

1.0

1.0

1.0

1.0

0.1

1.0

1.0

1.0

1.0

Appendix 1

*C.I. means "Color Index"

*** 135-23 *** (Last Revision· 3/94)
CAS

Number

7782-50-5

10049-04-4

79-11-8

532-27-4

108-90-7

510-15-6

75-00-3

67-66-3

74-87-3

107-30-2

126-99-8

1897-45-6

7440-47-3

7440-48-4

7440-50-8

8001-58-9

120-71-8

1319-77-3

108-39-4

95-48-7

106-44-5

98-82-8

80-15-9

135-20-6

110-82-7

94-75-7

1163-19-5

2303-16-4

615-05-4

39156-41-7

101-80-4

25376-45-8

95-80-7

334-88-3

132-64-9

96-12-8

106-93-4

124-73-2

84-74-2

25321-22-6

Chemical Name

Chlorine . .. Chlorine dioxide

Chloroacetic acid

2-Chloroacetophenone

Chlorobenzene .

Chlorobenzilate [Benzeneacetic acid,

4-chloro-.alpha.-(4-chlorophenyl)-

.alpha.-hydroxy-,ethyl ester]

Chloroethane (Ethyl chloride)

Chloroform . ... .

Chloromethane (Methyl chloride)

Chloromethyl methyl ether

Chloroprene ..

Chlorothalonil [1,3-

Benzenedicarbonitrile,2,4,5,6-

tetrachloro-]

Chromium

Cobalt

Copper

Creosote

p-Cresidine

Cresol (mixed isomers)

m-Cresol

o-Cresol

p-Cresol

Cumene

Cumene hydroperoxide

Cupferron .

[Benzeneamine, N-hydroxy-N-nitroso,

ammonium salt]

Cyclohexane . . . .

2,4-D [Acetic acid,

2,4-dichloro-phenoxy)-]

Decabromodiphenyl oxide

Diallate [Carbamothioic acid,bis

(l-methylethyl)-,

S~(2,3-dichloro-2-propenyl) ester]

2,4-Diaminoanisole . .

2,4-Diaminoanisole sulfate

4,4'-Diaminodiphenyl ether

Diaminotoluene (mixed isomers)

2,4-Diaminotoluene

Diazomethane ... .

Dibenzofuran. .

1,2-Dibromo-3-chloropropane (DBCP)

1,2-Dibromoethane ... (Ethylene dibromide)

Dibromotetrafluoroethane (Halon 2402)

Dibutyl phthalate

Dichlorobenzene (mixed isomers) . .

De Minimis.

Concentration

(percent)

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.1

1.0

0.1

1.0

1.0

0.1

1.0

1.0

0.1

0.1

1.0

1.0

1.0

1.0

1.0

1.0

0.1

1.0

1.0

1.0

1.0

0.1

0.1

0.1

0.1

0.1

1.0

1.0

0.1

0.1

1.0

1.0

0.1

o

o

o

Appendix 1 *** 135-24 *** (Last Revision - 3/94)
•

•

•

CAS

Number

95-50-1

541-73-1

106-46-7

91-94-1

75-27-4

75-71-8

107-06-2

540-59-0

75-09-2

120-83-2

78-87-5

78-88-6

542-75-6

76-14-2

62-73-7

115-32-2

1464-53-5

111-42-2

117-81-7

84-66-2

64-67-5

119-90-4

60-11-7

119-93-7

79-44-7

57-14-7

105-67-9

131-11-3

77-78-1

99-65-0

528-29-0

100-25-4

534-52-1

51-28-5

121-14-2

606-20-2

25321-14-6

117-84-0

123:-91-1

122-66-7

106-89-8

110-80-5

140-88-5

100-41-4

Appendix 1

Chemical Name

l,2-Dichlorobenzene

l,3-Dichlorobenzene

l,4-Dichlorobenzene

3,3'-Dichlorobenzidine

Dichlorobromomethane

. Dichlorodifluoromethane (CFC-12)

l,2-Dichloroethane

(Ethylene dichloride)

l,2-Dichloroethylene

Dichloromethane (Methylene chloride)

2,4-Dichlorophenol

l,2-Dichloropropane

2,3-Dichloropropene

l,3-Dichloropropylene .

Dichlorotetrafluoroethane (CFC-114)

Dichlorvos [Phosphoric acid, 2

dichloroethenyl dimethyl ester]

Dicofol [Benzenemethanol, 4-chloro-

.alpha.-(4-chlorophenyl)-

.alpha. -(trichloromethyl)-]

Diepoxybutane ..

Diethanolamine ...

Di-(2-ethylhexyl) phthalate (DEHP)

Diethyl phthalate . .

Diethyl sulfate

3,3'-Dimethoxybenzidine

4-Dimethylaminoazobenzene

3,3'-Dimethylbenzidine (o-Tolidine)

Dimethylcarbamyl chloride

l,l-Dimethyl hydrazine

2,4-Dimethylphenol

Dimethyl phthalate

Dimethyl sulfate

m-Dinitrobenzene

o-Dinitrobenzene

p-Dinitrobenzene

4,6-Dinitro-o-cresol

2,4-Dinitrophenol

2,4-Dinitrotoluene

2,6-Dinitrotoluene

Dinitrotoluene

(mixed isomers)

n-Dioctyl phthalate

l,4-Dioxane '"

l,2-Diphenylhydrazine

(Hydrazobenzene)

Epichlorohydrin

2-Ethoxyethanol

Ethyl acrylate

Ethylbenzene

*** 135-25 ***

De Minimis

Concentration

(percent)

1.0

1.0

0.1

0.1

1.0

1.0

0.1

1.0

0.1

1.0

1.0

1.0

0.1

1.0

1.0

1.0

0.1

1.0

0.1

1.0

0.1

0.1

0.1

0.1

0.1

0.1

1.0

1.0

0.1

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.1

0.1

0.1

1.0

0.1

1.0

(Last Revision - 3/94)
CAS

Number Chemical Name

De Minimis

Concentration c=J

(percent)

541-41-3

74-85-1

107-21-1

151-56-4

75-21-8

96-45-7

2164-17-2

50-00-0

76-13-1

Heptachlor

118-74-1

87-68-3

77-47-4

67-72-1

1335-87-1

680-31-9

302-01-2

10034-93-2

7647-01-0

74-90-8

7664-39-3

123-31-9

78-84-2

67-63-0

80-05-7

120-58-1

7439-92-1

58-89-9

108-31-6

12427-38-2

7439-96-5

7439-97-6

67-56-1

72-43-5

109-86-4

96-33-3

1634-04-4

101-14-4

Ethyl chloroformate

Ethylene .....

Ethylene glycol

Ethyleneimine (Aziridine)

Ethylene oxide ....

Ethylene thiourea .. .

Fluometuron [Urea, N,N-dimethyl-N'-

[3-(trifluoromethyl)phenyl]-]

Formaldehyde ... ..' . Freon 113 [Ethane 1,1,2-trichloro-1,2,

2-trifluoro-] 76-44-8

[1,4, 5,6, 7,8, 8-Heptachloro3a,4,7,7a-tetrahydro-4,7-

methano-1H-indene]

Hexachlorobenzene .

Hexachloro-1,3-butadiene

Hexachlorocyclopentadiene

Hexachloroethane

Hexachloronaphthalene

Hexamethylphosphoramide

Hydrazine . . .

Hydrazine sulfate

Hydrochloric acid

Hydrogen cyanide

Hydrogen fluoride

Hydroquinone

Isobutyraldehyde

Isopropyl alcohol (manufacturingstrong acid process, no supplier

notification)

4,4'-Isopropylidenediphenol

Isosafrole

Lead. . .

Lindane . .. .

[Cyclohexane 1,2,3,4,5,6-hexachloro-, (l.alpha.,2.alpha.,3.beta.,

4.alpha.,5.alpha.,6.beta)-]

Maleic anhydride . Maneb [Carbamodithioic acid, 1,2-

ethanediylbis-, manganese complex]

Manganese

Mercury . . . .

Methanol . . . Methoxychlor [Benzene, 1,1'-(2,2,2-

trichloroethylidene)bis[4-methoxy-]

2-Methoxyethanol .. Methyl acrylate . .. .

Methyl tert-butyl ether . .. .

4,4'-Methylenebis(2-chloroaniline)

(MBOCA)

1.0

1.0

1.0

0.1

0.1

0.1

1.0

0.1

1.0

1.0

0.1

1.0

1.0

1.0

1.0

0.1

0.1

0.1

1.0

1.0

1.0

1.0

1.0

0.1

1.0

1.0

0.1

0.1

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1. o

1.0

0.1

c

o

Appendix 1 *** 135-26 *** (Last Revision - 3/94)
•

•

•

CAS

Number

101-61-1

101-68-8

74-95-3

101-77-9

78-93-3

60-34-4

74-88-4

108-10-1

624-83-9

80-62-6

90-94-8

1313-27-5

76-15-3

505-60-2

91-20-3

134-32-7

91-59-8

7440-02-0

7697-37-2

139-13-9

99-59-2

98-95-3

92-93-3

1836-75-5

51-75-2

55-63-0

88-75-5

100-02-7

79-46-9

156-10-5

121-69-7

924-16-3

55-18-5

62-75-9

86-30-6

621-64-7

4549-40-0

59-89-2

759-73-9

684-93-5

16543-55-8

100-75-4

2234-13-1

20816-12-0

56-38-2

Appendix 1

Chemical Name

4,4'-Methylenebis (N,N-dimethyl)

benzenamine

Methylenebis(phenylisocyanate) (MBI)

Methylene bromide .

4,4'-Methylenedianiline

Methyl ethyl ketone

Methyl hydrazine

Methyl iodide ..

Methyl isobutyl ketone

Methyl isocyanate

Methyl methacrylate

Michler's ketone

Molybdenum trioxide

Monochloropentafluoroethane (CFC-115)

Mustard gas [Ethane, l,l'-thiobis

[2 -chloro-]

Naphthalene .. .

alpha-Naphthylamine

beta-Naphthylamine

Nickel ..

Nitric acid .

Nitrilotriacetic acid

5-Nitro-o-anisidine

Nitrobenzene

4-Nitrobiphenyl. .

Nitrofen [Benzene, 2,4-dichloro1-(4-nitrophenoxy)-]

Nitrogen mustard [2-Chloro-N-(2-

chloroethyl)-N-methylethanamine]

Nitroglycerin

2-Nitrophenol

4-Nitrophenol

2-Nitropropane

p-Nitrosodiphenylamine

N,N-Dimethylaniline

N-Nitrosodi-n-butylamine

N-Nitrosodiethylamine

N-Nitrosodimethylamine

N-Nitrosodiphenylamine

N-Nitrosodi-n-propylamine

N-Nitrosomethylvinylamine

N-Nitrosomorpholine

N-Nitroso-N-ethylurea

N-Nitroso-N-methylurea

Nitrosonornicotine

N-Nitrosopiperidine

Octachloronaphthalene

Osmium tetroxide

Parathion [Phosphorothioic acid, 0,

0-diethyl-0-(4-nitrophenyl) ester]

*** 135-27 "***

De Minimis

Concentration

(percent)

0.1

1.0

1.0

0.1

1.0

1.0

0.1

1.0

1.0

1.0

0.1

1.0

1.0

0.1

1.0

0.1

0.1

0.1

1.0

0.1

0.1

1.0

0.1

0.1

0.1

1.0

1.0

1.0

0.1

0.1

1.0

0.1

0.1

0.1

1.0

0.1

0.1

0.1

0.1

0.1

0.1

0.1

1.0

1.0

1.0

(Last Revision - 3/94)
CAS

Number

87-86-5

79-21-0

108-95-2

106-50-3

90-43-7

75-44-5

7664-38-2

7723-14-0

85-44-9

88-89-1

1336-36-3

1120-71-4

57-57-8

123-38-6

114-26-1

115-07-1

75-55-8

75-56-9

110-86-1

91-22-5

106-51-4

82-68-8

81-07-2

94-59-7

7782-49-2

7440-22-4

100-42-5

96-09-3

7664-93-9

79-34-5

127-18-4

961-11-5

7440-28-0

62-55-5

139-65-1

62-56-6

1314-20-1

7550-45-0

108-88-3

584-84-9

91-08-7

26471-62-5

95-53-4

De Minimis

Chemical Name Concentration

(percent)

Pentachlorophenol (PCP) 1.0

Peracetic acid 1.0

Phenol .... 1.0

p-Phenylenediamine 1.0

2-Phenylphenol 1.0

Phosgene .. 1.0

Phosphoric acid 1.0

Phosphorus (yellow or white) 1.0

Phthalic anhydride. 1.0

Picric acid. . . 1.0

Polychlorinated biphenyls (PCBs) 0.1

Propane sultone 0.1

beta-Propiolactone 0.1

Propionaldehyde 1.0

Propoxur [Phenol, 2- 1.0

(l-methylethoxy)-, methylcarbamate]

Propylene (Propene) 1.0

Propyleneimine 0.1

Propylene oxide 0.1

Pyridine 1.0

Quinoline .. 1.0

Quinone ... 1.0

Quintozene (Pentachloronitrobenzene] 1.0

Saccharin (manufacturing, no supplier 0.1

notification [1,2-Benzisothiazol

-3(2H)-one,1,1-dioxide]

Safrole 0.1

Selenium 1.0

Silver 1.0

Styrene 0.1

Styrene oxide 0.1

Sulfuric acid 1.0

1, 1, 2, 2-Tetrachloroethane 0.1

Tetrachloroethylene 0.1

(Perchloroethylene)

Tetrachlorvinphos 1.0

[Phosphoric acid, 2-chloro-1-(2,4,5-

trichlorophenyl) ethenyl dimethyl ester]

Thallium. . 1.0

Thioacetamide 0.1

4,4'-Thiodianiline 0.1

Thiourea .. 0.1

Thorium dioxide 1.0

Titanium tetrachloride 1.0

Toluene . .. .. 1.0

Toluene-2,4-diisocyanate 0.1

Toluene-2,6-diisocyanate 0.1

Toluenediisocyanate 0.1

(mixed isomers)

o-Toluidine. .. 0.1·

o

o

o

Appendix 1 *** 135-28 *** (Last Revision - 3/94)
• CAS

Number Chemical Name

De Minimis

Concentration

(percent)

•

•

636-21-5

8001-35-2

68-76-8

52-68-6

120-82-1

71-55-6

79-00-5

79-01-6

75-69-4

95-95-4

88-06-2

1582-09-8

95-63-6

126-72-7

51-79-6

7440-62-2

108-05-4

593-60-2

75-01-4

75-35-4

1330-20-7

108-38-3

95-47-6

106-42-3

87-62-7

7440-66-6

12122-67-7

Appendix 1

o-Toluidine hydrochloride . . .

Toxaphene. .. .

Triaziquone [2,5-Cyclohexadiene

-1,4-dione, 2,3,5-tris(1-aziridinyl)-]

Trichlorfon (Phosphonic acid, (2,2,2-

trichloro-1-hydroxyethyl)-,dimethyl ester]

1,2,4-Trichlorobenzene

1, 1, 1-Trichloroethane

(Methyl chloroform)

1,1,2-Trichloroethane

Trichloroethylene

Trichlorofluoromethane (CFC-11)

2,4,5-Trichlorophenol .

2,4,6-Trichlorophenol .. .

Trifluralin (Benzeneamine, 2,6-

dinitro-N,N-dipropyl-4-(trifluoromethyl)-]

1,2,4-Trimethylbenzene .

Tris(2,3-dibromopropyl) phosphate

Urethane (Ethyl carbamate)

Vanadium (fume or dust)

Vinyl acetate

Vinyl bromide

Vinyl chloride

Vinylidene chloride

Xylene (mixed isomers)

m-Xylene

o-Xylene

p-Xylene

2,6-Xylidine

Zinc (fume or dust)

Zineb [Carbamodithioic acid, 1,2-

ethanediylbis-, zinc complex]

*** 135-29 ***

0.1

0.1

0.1

1.0

1.0

1.0

1.0

1.0

1.0

1.0

0.1

1.0

1.0

0.1

0.1

1.0

1.0

0.1

0.1

1.0

1.0

1.0

1.0

1.0

1.0

1.0

1.0

(Last Revision - 3/94)
(b) List of Chemical Categories

The metal compounds listed below, unless otherwise specified, are 0

defmed as including any unique chemical substance that contains the

named metal (i.e., antimony, nickel, etc.) as part of that chemical's

structure.

Toxic chemical categories are subject to the 1 percent de minimis

concentration unless the substance involved meets the definition of a

federal Occupational Safety and Health Act carcinogen, in which case the

0.1 percent de minimis concentration applies.

o Antimony Compounds

o Arsenic Compounds

o Barium Compounds

o Beryllium Compounds

o Cadmium Compounds

o Chlorophenols

o Chromium Compounds

o Cobalt Compounds

o Copper Compounds **

o Cyanide Compounds - X+CN- where X = H+

or any other group where a formal dissociation

may occur. For example KCN or Ca(CN)2

o Glycol Ethers - includes mono- and di-ethers of

ethylene glycol, diethylene glycol, and

triethylene glycol. Polymers are excluded from 0

the glycol ether category.

o Lead Compounds

o Manganese Compounds

o Mercury Compounds

o Nickel Compounds

o Polybrominated Biphenyls (PBBs)

o Selenium Compounds

o Silver Compounds

o Thallium Compounds

o Zinc Compounds

**Three substances were deleted from the Copper Compounds

category and are not reportable beginning with calendar year 1991

(Form R reports due July 1992). They are C.!. Pigment Blue 15, CAO

No. 147-14-8; C.l. Pigment Green 7, CAS No. 1328-53-6; and C.l.

Pigment Green 36, CAS No. 14302-13-7.

Appendix 1 *** 135-30 *** (Last Revision - 3/94)
•

Hazardous Waste

[Comment: The "Hazard Code" shown below indicates the basis used by' the U.S.

Environmental Protection Agency for listing the classes or types of wastes. The

codes have the following meaning: I - ignitable; C - corrosive;

R - reactive; E - toxic characteristic; H - acute hazardous waste; T - toxic.]

(a) Any characteristic hazardous waste meeting the criteria in 40 CFR Part 261

Subpart C and adopted by the state of Oregon under OAR Chapter 340, Divisions

100 and/or 101. [Note: The characteristics include ignitability, reactivity,

corrosivity and toxicity.]

CHARACTERISTIC HAZARDOUS WASTE:

Hazardous

Waste

No.

Chemical

Abstracts

Service No. Substance

Regulatory

level: (PPM

or mg/L)

•

•

Appendix 1

D001

D002

D003

D004

D005

D006

D007

D008

D009

DOlO

DOll

D012

D013

D014

D015

D016

D017

D018

D019

D020

D021

D022

D023

7440-38-2

7440-39-3

7440-43-9

7440-47-3

7439-92-1

7439-97-6

7782-49-2

7440-22-4

72-20-8

58-89-9

72-43-5

8001-35-2

94-75-7

93-72-1

71-43-2

56-23-5

57-74-9

108-90-7

67-66-3

95-48-7

Ignitable waste

Corrosive waste

Reactive waste

Arsenic

Barium

Cadmium

Chromium

Lead

Mercury

Selenium

Silver

Endrin

Lindane

Methoxychlor

Toxaphene

2,4-D

2,4,5-TP Silvex

Benzene

Carbon tetrachloride

Chlordane

Chlorobenz.ene

Chloroform

o-Cresol

*** 135-31 ***

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

0.5

0.5

0.03

100.0

6.0

* 200.0

(Last Revision - 3/94)
Hazardous Chemical Regulatory

Waste Abstracts level: (PIM

No. Service No. Substance or mg/L) 0

D024 108-39-4 m-Cresol * 200.0

D025 106-44-5 p-Cresol * 200.0

D026 1319-77-3 Cresol * 200.0

D027 106-46-7 1,4-Dichlorobenzene 7.5

D028 107-06-2 1,2-Dichloroethane 0.5

D029 75-35-4 1,1-Dichloroethylene 0.7

D030 121-14-2 2,4-Dinitrotoluene ** 0.13

D031 76-44-8 Heptachlor 0.008

(and its epoxide)

D032 118-74-1 Hexachlorobenzene ** 0.13

D033 87-68-3 Hexachlorobutadiene 0.5

D034 67-72-1· Hexachloroethane 3.0

D035 78-93-3 Methyl ethyl ketone 200.0

(MEK)

D036 98-95-3 Nitrobenzene 2.0

D037 87-86-5 Pentachlorophenol 100.0 Ct

D038 110-86-1 Pyridine ** 5.0

D039 127-18-4 Tetrachloroethylene 0.7

D040 79-01-6 Trichloroethylene 0.5

D041 95-95-4 2,4,5-Trichlorophenol 400.0

D042 88-06-2 2,4,6-Trichlorophenol 2.0

D043 75-01-4 Vinyl chloride 0.2

*If 0-, m-, and p-Cresol concentrations cannot be differentiated, the total Cresol (D026)

concentration is used. The regulatory level of total Cresol is 200 mg/L.

** The quantitation limit is greater than the calculated regulatory level. The quantitation

limit therefore becomes the regulatory level.

o

Appendix 1 *** 135-32 *** (Last Revision - 3/94)
(b) Hazardous Waste from non-specific sources.

• Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

Generic:

FOOl The following spent halogenated solvents used (T)

in degreasing: Tetrachloroethylene,

trichloroethylene, ~ethylene chloride, 1,1,1-

trichloroethane, 'carbon tetrachloride, and

chlorinated fluorocarbons; all spent solvent

mixtures/blends used in degreasing

containing, before use, a total of ten

percent or more (by volume) of one or more .of

the above halogenated solvents or those

solvents listed in F002, F004, and FOOS; and

still bottoms from the recovery of these

spent solvents and spent solvent mixtures.

*(I,T) Specifies mixtures containing ignitable and toxic

constituents.

•

•

F002

F003

The following spent halogenated solvents:

Tetrachloroethylene, methylene chloride,

trichloroethylene, 1, 1, l-trichloroethane,

chlorobenzene, l,l,2-trichloro-l,2,2-

trifluoroethane, ortho-dichlorobenzene,

triqhlorofluoromethane, and 1,1,2-

trichloroethane; all spent ~olvent

mixtures/blends containing, before use, a

total of ten percent or more (by volume) of

one or more of the. above halogenated solvents

or those listed in FOOl, F004, or FOOS; and

still bottoms from the recovery of these

spent solvents and spent solvent mixtures.

The following spent non-halogenated solvents:

Xylene, acetone, ethyl acetate, ethyl

benzene, ethyl ether, methyl isobutyl ketone,

n-butyl alcohol, cyclohexanone, and methanol;

all spent solvent mixtures/blends containing,

before use, only the above spent nonhalogenated solvents; and all spent solvent

mixtures/blends containing, before use, one

or more of the above non-halogenated

solvents, and, a total of ten percent or more

(by volume) of one or more of those solvents

listed in FOOl, F002, F004, and FOOS; and

still bottoms from the recovery of these

spent solvents and spent solvent mixtures.

(T)

( I)

Appendix 1 *** 135-33 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

o

F004 The following spent non-halogenated solvents: (T)

Cresols and cresylic acid, and nitrobenzene;

all spent solvent mixtures/blends containing,

before use, a total of ten percent or more

(by volume) of one or more of the above nonhalogenated solvents or those solvents listed

in FOOl,' F002, and FOOS; and still bottoms

from the recovery of these spent solvents and

spent solvent mixtures.

The following spent non-halogenated solvents: (I,T)

Toluene, methyl ethyl ketone, carbon

disulfide, isobutanol, pyridine, benzene, 2-

ethoxyethanol, and 2-nitropropane; all spent

solvent mixtures/blends containing, before

use, a total of ten percent or more (by

volume) of one or more of the above nonhalogenated solvents or those solvents listed

in FOOl, F002, or F004; and still bottoms

from the recovery of these spent solvents and

spent solvent mixtures.

FOOS

F006

F019

F007

F008

Wastewater treatment sludges from

electroplating operations except from the

following processes: (1) Sulfuric acid

anodizing of aluminum; (2) tin plating on

carbon steel; (3) zinc plating (segregated

basis) on carbon steel; (4) aluminum or zincaluminum plating on carbon steel; (S)

cleaning/stripping associated with tin, zinc

and aluminum plating on carbon steel; and

(6) chemical etching and milling of aluminum.

Wastewater treatment sludges from the

chemical conversion coating of aluminum

except from zirconium phosphating in aluminum

can washing, when such phosphating is an

exclusive conversion coating process.

Spent cyanide plating bath solutions from

electroplating operations.

Plating bath residues from the bottom of

plating baths from electroplating operations

where cyanides are used in the process.

(T)

(T)

(R, T)

(R, T)

o

F009 Spent stripping and cleaning bath solutions

from electroplating operations where cyanides

are used in the process.

(R, T)

o

Appendix 1 *** 135-34 *** (Last Revision - 3/94)
•

Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

•

•

F010

FOll

F012

F024

F02S

F020

Quenching bath residues from oil baths from (R,T)

metal heat treating operations where cyanides

are used in the process.

Spent cyanide solutions from salt bath pot (R,T)

cleaning from metal heat treating operations.

Quenching waste water treatment sludges from (T)

metal heat treating operations where cyanides

are used in the process.

Process wastes, including but not limited to, (T)

distillation residues, heavy ends, tars, and

reactor clean-out wastes from the production

of certain chlorinated aliphatic hydrocarbons

by free radical catalyzed processes. These

chlorinated aliphatic hydrocarbons are those

having carbon chain lengths ranging from one

to and including five, with varying amounts

and positions of chlorine substitution. [This

listing does not include wastewater,

wastewater treatment sludges, spent

catalysts, and wastes listed in Section

261.32.] .

Condensed light ends, spent filters and (T)

filter aids, and spent desiccant waste from

the production of certain chlorinated

aliphatic hydrocarbons, by free radical

catalized processes. These chlorinated

aliphatic hydrocarbons are those having

carbon chain lengths ranging from one to and

including five, with varying amounts and

positions of chlorine substitution.

Wastes (except wastewater and spent carbon (H)

from hydrogen chloride purification) from the

production or manufacturing use (as a

reactant, chemical intermediate, or component

in a formulating process) of tri- or

tetrachlorophenol, or of intermediates used

to produce their pesticide derivatives.

(This listing does not include wastes from

the production of Hexachlorophene from highly

purified 2,4,S-trichlorophenol.).

Appendix 1 *** 135-35 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard 0

Code

F021

F022

F023

F026

F027

Wastes (except wastewater and spent carbon (H)

from hydrogen chloride purification) from the

production or manufacturing use (as a

reactant, chemical intermediate, or component

in a formulating process) of

pentachlorophenol, or of intermediates used

to produce its derivatives.

Wastes (except wastewater and spent carbon (H)

from hydrogen chloride purification) from the

manufacturing use (as a reactant, chemical

intermediate, or component in a formulating

process) of tetra-, penta-, or

hexachlorobenzenes under alkaline conditions.

Wastes (except wastewater and spent carbon (H)

from hydrogen chloride purification) from the

production of materials on equipment

previously used for the production or

manufacturing use (as a reactant, chemical

intermediate, or component in a formulating

process) of tri- and tetrachlorophenols.

(This listing does not include wastes from

equipment used only for the production or use

of Hexachlorophene from highly purified

2,4,S-trichlorophenol.) .

Wastes (except wastewater and spent carbon (H)

from hydrogen chloride purification) from the

production of materials on equipment

previously used for the manufacturing use (as

a reactant, chemical intermediate, or

component in a formulating process) of

tetra-, penta-, or hexachlorobenzene under

alkaline conditions.

Discarded unused formulations containing (H)

tri-, tetra-, or pentachlorophenol or

discarded unused formulations containing

compounds derived from these chlorophenols.

(This listing does not include fomulations

containing Hexachlorophene synthesized from

prepurified 2,4,S-trichlorophenol as the sole

component.) .

0'

F028 Residues resulting from the incineration or

thermal treatment of soil contaminated with

EPA Hazardous Waste Nos. F020, F021, F022,

F023, F026, and F027.

(T)

o

l~

Appendix 1 *** 135-36 *** (Last Revision - 3/94)
•

Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

•

•

F032

F034

F035

Wastewaters, (except those that have not come (T)

into contact with process contaminants),

process residuals, preservative drippage, and

spent formulations from wood preserving

processes generated at plants that currently

use or have previously used chlorophenolic

formulations (except potentially crosscontaminated wastes that have had the F032

waste code deleted in accordance with §26l.35

of this chapter or potentially crosscontaminated wastes that are otherwise

currently regulated as hazardous wastes

(i.e., F034 and F035, and where the generator

does not resume or initiate use of

chlorophenolic formulations). This listing

does not include KOOI bottom sediment sludge

from the treatment of wastewater from wood

preserving processes that use creosote and/or

pentachlorophenol.

Wastewaters, (except those that have not come (T)

into contact with process contaminants),

process residuals, preservative drippage, and

spent formulations from wood preserving

process generated at plants that use creosote

formulations. This listing does not include

KOOI bottom sediment sludge from the

treatment of wastewater from wood preserving

processes that use creosote and/or

pentachlorophenol.

Wastewaters, (except those that have not come (T)

into contact with process contaminants),

process residuals, preservative drippage, and

spent formulations from wood preserving

process generated at plants that use

inorganic preservatives containing arsenic or

chromium. This listing does not include KOOI

bottom sediment sludge from the treatment of

wastewater from wood preserving processes

that use creosote and/or pentachlorophenol.

Appendix 1 *** 135-37 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

•

o

F03?

F038

Petroleum refinery primary oil/water/solids (T)

separation sludge--Any sludge generated from

the gravitational separation of

oil/water/solids during the storage or

treatment of process wastewaters and oily

cooling wastewaters from petroleum

refineries. Such sludges include, but are

not limited to, those generated in:

oil/water/solids separators; tanks and

impoundments; ditches and other conveyances;

sumps; and stormwater units receiving dry

weather flow. Sludge generated in stormwater

units that do not receive dry weather flow,

sludges generated from non-contact oncethrough cooling waters segregated for

treatment from other process or oily cooling

waters, sludges generated in aggressive

biological treatment units as defined in

§261.31(b) (2) (including sludges generated in

one or more additional units after

wastewaters have been treated in aggressive

biological treatment units) and K051 wastes

are not included in this listing.

Petroleum refinery secondary (emulsified) (T)

oil/water/solids separation sludge--Any

sludge and/or float generated from the

physical and/or chemical separation of

oil/water/solids in process wastewaters and

oily cooling wastewaters from petroleum

refineries. Such wastes include, but are not

limited to, all sludges and floats generated

in: induced air flotation (IAF) units, tanks

and impoundments, and all sludges generated

in DAF units. Sludges generated in

stormwater units that do not receive dry

weather flow, sludges generated from noncontact once-through cooling waters

segregated for treatment from other process

or oily cooling waters, sludges and floats

generated in aggressive biological treatment

units as defined in §261.31(b) (2) (including

sludges and floats generated in one or more

additional units after wastewaters have been

treated in aggressive biological treatment

units) and F03?, K048, and K051 wastes are

not included in this listing.

o

o

Appendix 1 *** 135-38 *** (Last Revision - 3/94)
•

Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

F039 Leachate resulting from the treatment,

storage, or disposal of wastes classified by

more than one waste code under Subpart D, or

from a mixture of wastes classified under

Subparts C and D of this part. (Leachate

resulting from the management of one or more

EPA Hazardous Wastes and no other hazardous

wastes retains its hazardous waste code(s):

F020, F021, F022, F023, F026, F027 and F028.)

(T)

(c) Hazardous wastes from specific sources.

Industry

and EPA

hazardous

waste No.

• Wood

KOOl

Hazardous Waste

preservation:

Bottom sediment sludge from the treatment of

wastewaters from wood preserving processes

that use creosote and/or pentachlorophenol.

Hazard

Code

(T)

Inorganic pigments:

K002

Wastewater treatment sludge from the

production of chrome yellow and orange

pigments.

(T)

•

K003

K004

KOOS

K006

K007

Wastewater treatment sludge from the

production of molybdate orange pigments.

Wastewater treatment sludge from the

production of zinc yellow pigments.

Wastewater treatment sludge from the

production of chrome green pigments.

Wastewater treatment sludge from the

production of chrome oxide green pigments

(anhydrous and hydrated) .

Wastewater treatment sludge from the

production of iron blue pigments.

(T)

(T)

(T)

(T)

(T)

Appendix 1 *** 135-39 *** (Last Revision - 3/94)
Industry

and EPA

hazardous.

waste No. Hazardous Waste

Hazard

Code o

Inorganic pigments:

Kooa Oven residue from the production of chrome (T)

oxide green pigments.

Organic chemicals:

K009 Distillation bottoms from the production of (T)

acetaldehyde from ethylene.

KOIO

KOll

K013

K014

KOIS

K016

Distillation side cuts from the production of (T)

acetaldehyde from ethylene.

Bottom stream from the wastewater stripper in (R,T)

the production of acrylonitrile.

Bottom stream from the acetonitrile column in (R,T)

the production of acrylonitrile.

Bottoms from the acetonitrile purification (T)

column in the production of acrylonitrile.

Still bottoms from the distillation of benzyl (T)

chloride.

Heavy ends or distillation residues from the (T)

production of carbon tetrachloride.

o

Organic chemicals:

K023 Distillation light ends from the production

of phthalic anhydride from naphthalene.

K017

KOla

K019

K020

K02l

K022

Heavy ends (still bottoms) from the

purification column in the production of

epichlorohydrin.

Heavy ends from the fractionation column in

ethyl chloride production.

Heavy ends from the distillation of ethyl~ne

dichloride in ethylene dichloride production.

Heavy ends from the distillation of vinyl

chloride in vinyl chloride monomer

production.

Aqueous spent antimony catalyst waste from

fluoromethanes production.

Distillation bottom tars from the production

of phenol/acetone from cumene.

(T)

(T)

(T)

(T)

(T)

(T)

(T) o

Appendix 1 *** 135-40 *** (Last Revision - 3/94)
•

•

Industry

and EPA

hazardous

waste No.

K024

K093

K094

K025

K026

K027

K028

K029

Hazardous Waste

Distillation bottoms from the production of

phthalic anhydride from naphthalene.

Distillation light ends from the production

of phthalic anhydride from ortho-xylene.

Distillation bottoms from the production of

phthalic anhydride from ortho-xylene.

Distillation bottoms from the production of

nitrobenzene by the nitration of benzene.

Stripping still tails from the production of

methy ethyl pyridines.

Centrifuge and distillation residues from

toluene diisocyanate production.

Spent catalyst from the hydrochlorinator

reactor in the production of 1,1,1-

trichloroethane.

Waste from the product steam stripper in the

production of 1,1,1-trichloroethane.

Hazard

Code

(T)

(T)

(T)

(T)

(T)

(R,T)

(T)

(T)

K095

K096

K030

K083

K103

K104

Distillation bottoms from the production of (T)

1, 1, 1-trichloroethane.

Heavy ends from the heavy ends column from (T)

the production of 1,1,1-trichloroethane.

Column bottoms or heavy ends from the (T)

combined production of trichloroethylene and

perchloroethylene.

Distillation bottoms from aniline production. (T)

Process residues from aniline extraction from (T)

the production of aniline.

Combined wastewater streams generated from (T)

nitrobenzene/aniline production.

•

Organic chemicals:

K085 Distillation or fractionation column bottoms

from the production of chlorobenzenes.

(T)

Appendix 1 *** 135-41 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard 0

Code

K105

K107

K108

K109

Separated aqueous stream from the reactor (T)

product washing step in the production of

chlorobenzenes.

Column bottoms from product separation from (C,T)

the production of 1,1-dimethylhydrazine

(UDMH) from carboxylic acid hydrazines.

Condensed column overheads from product (I,T)

separation and condensed reactor vent gases

from the production of 1,1-dimethylhydrazine

(UDMH) from carboxylic acid hydrazides.

Spent filter cartridges from product (T)

purification from the production of 1, 1-

dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

K110

K111

Kl12

Kl13

K114

Condensed column overheads from intermediate

separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid

hydrazides.

Product washwaters from the production of

dinitrotoluene via nitration of toluene.

Reaction by-product water from the drying

column in the production of toluenediamine

via hydrogenation of dinitrotoluene.

Condensed liquid light ends from the

purification of toluenediamine in the

production of toluenediamine via

hydrogenation of dinitrotoluene.

Vicinals from the purification of

toluenediamine in the production of

toluenediamine via hydrogenation of

dinitrotoluene.

(T)

(C, T)

(T)

(T)

(T)

o

Organic

Kl15

Appendix 1

chemicals:

Heavy ends from the purification of

toluenediamine in the production of

toluenediamine via hydrogenation of

dinitrotoluene.

......... 135-42 .........

(T)

o

(Last Revision - 3/94)
•

Industry

and EPA

hazardous

waste No.

Kl16

Hazardous Waste

Organic condensate from the solvent recovery

column in the production of toluene

diisocyanate via phosgenation of

toluenediamine.

Hazard

Code

(T)

Kl17

Kl18

K136

Wastewater from the reactor vent. gas scrubber (T)

in the production of ethylene dibromide via

bromination of ethene.

Spent adsorbent solids from purification of (T)

ethylene dibromide in the production of

ethylene dibromide via bromination of ethene.

Still bottoms from the purification of (T)

ethylene dibromide in the production of

ethylene dibromide via bromination of ethene.

•

Inorganic

K071

K073

KI06

chemicals:

Brine purification muds from the mercury cell

process in chlorine production, where

separately prepurified brine is not used.

Chlorinated hydrocarbon waste from the

purification step of the diaphragm cell

process using graphite anodes in chlorine

production.

Wastewater treatment sludge from the mercury

cell process in chlorine production.

(T)

(T)

(T)

•

Pesticides:

K031

K032

K033

Pesticides:

K034

K097

By-product salts generated in the production

of MSMA and cacodylic acid.

Wastewater treatment sludge from the

production of chlordane.

Wastewater and scrub water from the

chlorination of cyclopentadiene in the

production of chlordane.

Filter solids from the filtration of

hexachlorocyclopentadiene in the production

of chlordane.

Vacuum stripper discharge from the chlordane

chlorinator in the production of chlordane.

(T)

(T)

(T)

(T)

(T)

Appendix 1 *** 135-43 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard 0

Code

K035

K036

K037

K038

K039

K040

Wastewater treatment sludges generated in the (T)

production of creosote.

Still bottoms from toluene reclamation (T)

distillation -in the produc:tion of disulfoton.

Wastewater treatment sludges from the (T)

production of disulfoton.

Wastewater from the washing and stripping of (T)

phorate production.

Filter cake from the filtration of (T)

diethylphosphorodithioic acid in the

production of phorate.

Wastewater tr.eatment sludge from the (T)

production of phorate.

K041

K098

K042

K043

K099

K123

Pesticides:

K124

K125

Wastewater treatment sludge from the

production of toxaphene.

Untreated process wastewater from the

production of toxaphene.

Heavy ends or distillation residues from the

distillation of tetrachlorobenzene in the

production of 2,4,5-T.

2,6-Dichlorophenol waste from the production

of 2,4-D.

Untreated wastewater from the production of

2,4-D.

Process wastewater (including supernates,

filtrates, and washwaters) from the

production of ethyienebisdithiocarbamic acid

and its salt.

Reactor vent scrubber water from the

production of ethylenebisdithiocarbamic acid

and its salts.

Filtration, evaporation, and centrifugation

solids from the production of ethyleneisdithiocarbamic acid and its salts.

(T)

(T)

(T)

(T)

(T)

(T)

(C, T)

(T)

o

o

Appendix 1 ......... 135-44 ......... . (Last Revision - 3/94)
•

Industry

and EPA

hazardous

waste No.

K-126

K-131

Hazardous Waste

Baghouse dust and floor sweepings in milling

and packaging operations from the production

or formulation of ethylenebisdithiocarbamic

acid and its salts.

Wastewater from the reactor and spent

sulfuric acid from the acid dryer from the

production of methyl bromide.

Hazard

Code

(T)

(C,T)

•

K-132

Explosives:

K044

K04S

K046

K047

Spent absorbent and wastewater separator

solids from the production of 'methyl bromide.

Wastewater treatment sludges from the

manufacturing and processing of explosives.

Spent carbon from the treatment of wastewater

containing explosives.

Wastewater treatment sludges from the

manufacturing, formulation and loading of

lead-based initiating compounds.

Pink/red water from TNT operations.

(T)

(R)

(R)

(T)

(R)

Petroleum refining:

K048 Dissolved air flotation (DAF) float from the (T)

petroleum refining industry.

K049

KOSO

KOS1

Slop oil emulsion solids from the petroleum

refining industry.

Heat exchanger bundle cleaning sludge from

the petroleum refining industry.

API separator sludge from the petroleum

refining industry.

(T)

(T)

(T)

Petroleum refining:

KOS2 Tank bottoms (leaded) from the petroleum (T)

refining industry.

Iron and steel:

K061 Emission control dust/sludge from the primary (T)

production of steel in electric furnaces.

•

K062 Spent pickle liquor generated by steel (C,T)

finishing operations of facilities within the

iron and steel industry (SIC Codes 331 and

332) .

Appendix 1 *** 135-45 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code o

Primary

K064

Primary

K06S

Primary

K066

copper:

Acid plant blowdown slurry/sludge resulting

from the thickening of blowdown slurry from

primary copper production.

lead:

Surface impoundment solids contained in and

dredged from surface impoundments at primary

lead smelting facilities.

zinc:

Sludge from treatment of process wastewater

and/or acid plant blowdown from primary zinc

production.

(T)

(T)

(T)

Primary aluminum:

K088 Spent potliners from primary aluminum

reduction.

(T)

Ferroalloys:

K090

K091

Emission control dust or sludge from

ferrochromiumsilicon production.

Emission" control dust or sludge from

ferrochromium production.

(T)

(T)

o

Secondary

K069

KIOO

lead:

Emission control dust/sludge from secondary

lead smelting (Note: This listing is stayed

administratively for sludge generated from

secondary acid scrubber systems. The stay

will remain in effect until further

administrative action is taken. If EPA takes

further action effecting this stay, EPA will

publish a notice of the action in the Federal

Register. )

Waste leaching solution from acid leaching of

emission control dust/sludge from secondary

lead smelting.

(T)

(T)

Veterinary

K084

pharmaceuticals:

Wastewater treatment sludges generated during

the production of veterinary pharmaceuticals

from arsenic or organo-arsenic compounds.

(T)

o

Appendix 1 *** 135-46 *** (Last Revision 3/94)
•

Industry

and EPA

hazardous

waste No.

K10l

K102

Hazardous Waste

Distillation tar residues from the

distillation of aniline-based compounds in

the production of veterinary pharmaceuticals

from arsenic or organo-arsenic compounds.

Residue from the use or activated carbon for

decolorization in the production of

veterinary pharmaceuticals from arsenic or

organo-arsenic compounds.

Hazard

Code

(T)

(T)

Ink formulation:

K086 Solvent washes and sludges, caustic washes (T)

and sludges, or water washes and sludges from

cleaning tubs and equipment used in the

formulation of ink from pigments, driers,

soaps, and stabilizers containing chromium

and lead.

•

Coking:

K060

K08?

Ammonia still lime sludge from coking

operations.

Decanter tank tar sludge from coking

operations.

(T)

(T)

•

Coking:

K141

K142

K143

Process residues from the recovery of coal (T)

tar, including, but not limited to, .

collecting sump residues from the production

of coke from coal or the recovery of coke byproducts produced from coal. This listing

does not include K08? (decanter tank tar

sludges from coking operations) .

Tar storage tank residues from the production (T)

of coke from coal or from the recovery of

coke by-products produced from coal.

Process residues from the recovery of light (T)

oil, including, but not limited to, those

generated in stills, decanters, and wash oil

recovery units from the recovery of coke byproducts produced from coal.

Appendix 1 *** 135-47 *** (Last Revision - 3/94)
Industry

and EPA

hazardous

waste No. Hazardous Waste

Hazard

Code

o

K144

K145

K147

K148

Wastewater sump residues from light oil (T)

refining, including, but not limited to,

intercepting or contamination sump sludges

from the recovery of coke by-products

produced from coal.

Residues from naphthalene collection and (T)

recovery operations from the recovery of coke

by-products produced from coal.

Tar storage tank residues from coal tar (T)

refining.

Residues from coal tar distillation, (T)

including but not limited to, still bottoms.

(d) Discarded commercial chemical products, off-specification species, container

residues, and spill residues thereof.

c

The following materials or items are hazardous wastes if and when they are

discarded or intended to be discarded as described in 40 CFR 261.2(a)(2)i), when

they are mixed with waste oil or used oil or other material and applied to the

land for dust suppression or road treatment, when they are otherwise applied to

the land in lieu of their original intended use or when they are contained in

products that are applied to the land in lieu of their original intended use, or

when, in lieu of their original intended use, they are produced for use as (or as a

component of) a fuel, distributed for use as a fuel, or burned as a fuel.

(A) Any commercial chemical product, or manufacturing chemical

intermediate having the generic name listed in paragraph (E) or (F) 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 paragraph (E) or (F) of this section. ()

Appendix 1 *** 135-48 *** (Last Revision - 3/94)
•

(C) Any residue remaining in a container or in an inner liner removed from a

container that has held any commercial chemical product or manufacturing

chemical intermediate having the generic name listed in paragraph (E) or

(F) of this section, unless the container is empty as defmed in 40 CFR

261.7(b)(3).

[Comment: Unless the residue is being beneficially used or reused, or

legitimately recycled or reclaimed; or being accumulated, stored,

transported or treated prior to such use, re-use, recycling or reclamation,

EPA considers the residue to be intended for discard, and thus, a

hazardous waste. An example of a legitimate re-use of the residue would

be where the residue remains in the container and the container is used to

hold the same commercial chemical product or manufacturing chemical

intermediate it previously held. An example of the discard of the residue

would be where the drum is sent to a drum reconditioner who

reconditions the drum but discards the residue.]

•

(D) 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 paragraph (E) or (F) of this section, or 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 off-specification chemical

product and manufacturing chemical intermediate which, if it met

specifications, would have the generic name listed in paragraph (E) or (F)

of this section.

[Comment: The phrase "commercial chemical product or manufacturing

chemical intermediate having the generic name listed in ... " refers to a

chemical substance which is manufactured or formulated for commercial

or manufacturing use which consists of the commercially pure grade of

the chemical, any technical grades of the chemical that are produced or

marketed, and all formulations in which the chemical is the sole active

ingredient. It does not refer to a material, such as a manufacturing

process waste, that contains any of the substances listed in paragraph (E)

or (F). Where a manufacturing process waste is deemed to be a

hazardous waste because it contains a substance listed in paragraph (E) or

(F), such waste will be listed in either 40 CFR 261.31 or 40 CFR 261.32

or will be identified as a hazardous waste by the characteristics set forth

in OAR 340-135-040(2)(a).

•

(E) The commercial chemical products, manufacturing chemical intermediates

or off-specification commercial chemical products or manufacturing

chemical intermediates referred to in paragraphs (A) through (D) of this .

section, are identified as acute hazardous wastes (H) and are subject to the

small quantity exclusion defmed in 40 CFR 261.5(e). These wastes and

their corresponding EPA Hazardous Waste Codes are:

Appendix 1 "''''''' 135-49 "''''''' (Last Revision - 3/94)
Hazardous

Waste

No.

P023

P002

P057

P058

P002.

P003

P070

P004

P005

P006

Chemical

Abstracts No.

107-20-0

591-08-2

640-19-7

62-74-8

591-08-2

107-02-8

116-06-3

309-00-2

107-18-6

20859-73-8

Substance

Acetaldehyde, chloroAcetamide, N-(aminothioxomethyl)-

Acetamide, 2-fluoroAcetic acid, fluoro-, sodium salt

1-Acetyl-2-thiourea

Acrolein

Aldicarb

Aldrin

Allyl alcohol

Aluminum phosphide (R,T)

o

P007

P008

P009

Pl19

P099

POlO

P012

POll

POll

P012

P038

P036

2763-96-4

504-24-5

131-74-8

7803-55-6

506-61-6

7778-39-4

1327-53-3

1303-28-2

1303-28-2

1327-53-3

692-42-2

696-28-6

5-(Aminomethyl)-3-isoxazolol

4-Aminopyridine <=).

Ammonium picrate (R)

Ammonium vanadate

Argentate(l-) ,bis(cyano-C)-,

potassium

Arsenic oxide As 20 s

Arsenic pentoxide

Arsenic trioxide

Arsine, diethylArsonous dichloride, phenylI

I

t

i

I

I

P054

P067

P013

Appendix 1

151-56-4 Aziridine

75-55-8 Aziridine, 2-methyl542-62-1 Barium cyanide

*** 135-50 ***

()

(Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

P024

P077

P028

P042

P046

P014

POOl

P028

P015

P017

P018

P045

P021

P021

P022

P095

P023

P024

P026

P027

P029

P029

Chemical

Abstracts No.

106-47-8

100-01-6

100-44-7

51-43-4

122-09-8

108-98-5

181-81-2

100-44-7

7440-41-7

598-31-2

357-57-3

39196-18-4

592-01-8

592-01-8

75-.,15-0

75-44-5

107-20-0

106-47-8

5344-82-1

542-76-7

544-92-3

544-92-3

Substance

Benzenamine, 4-chloroBenzenamine, 4-nitroBenzene, (chloromethyl)-

l,2-Benzenediol, 4-[1-hydroxy-2-

(methylamino)ethyl]-, (R)

Benzeneethanamine, alpha, alphadimethylBenzenethiol

2H-1-Benzopyran-2-one, 4-hydroxy-3-

(3-oxo-1~phenylbutyl)-, & salts,

when present at concentrations

greater than 0.3%

Benzyl chloride

Beryllium

Bromoacetone

Brucine

2-Butanone, 3,3-dimethyl-1-

(methylthio)-,O-[(methylamino)

carbonyl] oxime

Calcium cyanide

Calcium cyanide Ca(CN)2

Carbon disulfide

Carbonic dichloride

Chloroacetaldehyde

p-Chloroaniline

l-(o-Chlorophenyl)thiourea

3-Chloropropionitrile

Copper cyanide

Copper cyanide Cu(CN)

Appendix 1 *** 135-51 *** (Last Revision - 3/94)
Hazardous

Waste

No.

P030

P031

P033

P033

P034

P016

P036

P037

P038

P041

P040

P043

P004

P060

Chemical

Abstracts No.

460-19-5

506-77-4

506-77-4

131-89-5

542-88-1

696-28-6

60-57-1'

692-42-2

311-45-5

297-97-2

55-91-4

309-00-2

465-73-6

Substance

Cyanides (soluble cyanide salts),

not otherwise specified

Cyanogen

Cyanogen chloride

Cyanogen chloride (CN)Cl

2-Cyclohexyl-4,6-dinitrophenol

Dichloromethyl ether

Dichlorophenylarsine

Dieldrin

Diethylarsine

Diethyl-p-nitrophenyl phosphate

O,O-Diethyl O-Pyrazinyl

phosphorothioate

Diisopropylfluorophosphate (DFP)

1,4, 5, 8-Dimethanonaphthalene,

l,2,3,4,10,10-hexachlorol,4,4a,5,8,8a-hexahydro-

, (lalpha,4alpha,4abeta, 5alpha,

8alpha, 8abeta)-

l,4,5,8-Dimethanonaphthalene,

l,2,3,4,10,10-hexachlorol,4,4a,5,8,8a-hexahydro-, (lalpha,

4alpha,4abeta,5beta,8beta,8abeta)-

o

c

o

P037

P051

P044

60-57-1

172-20-8

60-51-5

2,7:3,6-Dimethanonaphth[2,3-

b]oxirene, 3,4,5,6,9,9-hexachlorola,2,2a,3,6,6a,7,7a-octahydro-,

(laalpha,2beta,2aalpha,3beta,6beta,

6aalpha,7beta,7aalpha)-

2,7:3,6-Dimethanonaphth[2,3-b]-

oxirene,3,4,5,6,9,9-hexachlorola,2,2a,3,6,6a,7,7a-octahydro-,

(laalpha,2beta,2abeta,3alpha,6alpha,

6abeta,7beta,7aalpha)-, &

metabolites

Dimethoate

Appendix 1 *** 135-52 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

P046

P047

P048

P020

P085

P111

P039

P049

P050

P088

P051

P051

P042

P031

P066

P101

P054

P097

P056

P057

P058

P065

P059

P062

Pl16

Chemical

Abstracts No.

122-09-8

1534-52-1

51-28-5

88-85-7

152-16-9

107-49-3

298-04-4

541-53-7

115-29-7

145-73-3

72-20-8

72-20-8

51-43-4

460-19-5

16752-77-5

107-12-0

151-56-4

52-85-7

7782-41-4

640-19-7

62-74-8

628-86-4

76-44-8

757-58-4

79-19-6

Substance

alpha,alpha-Dimethylphenethylamine

4,6-Dinitro-o-cresol, & salts

2,4-Dinitrophenol.

Dinoseb

Diphosphoramide, octamethylDiphosphoric acid, tetraethyl ester

Disulfoton

Dithiobiuret

Endosulfan

Endothall

Endrin

Endrin, & metabolites

Epinephrine

Ethanedinitrile

Ethanimidothioic acid, N-

[[(methylamino)carbonyl]oxy]-,

methyl ester

Ethyl cyanide

Ethyleneimine

Famphur

Fluorine

Fluoroacetamide

Fluoroacetic acid, sodium salt

Fulminic acid, mercury (2+) salt

(R, T)

Heptachlor

Hexaethyl tetraphosphate

Hydrazinecarbothioamide

Appendix 1 *** 135-53 *** (Last Revision - 3/94)
6,9-Methano-2,4,3-benzodioxathiepin,

6,7, 8, 9,10, 10-hexachloro1,5,5a,6,9,9ahexahydro-,3-oxide

Hazardous

Waste Chemical

No. Abstracts No.

P068 60-34-4

P063 74-90-8

P063 74-90-8

P096 7803-51-2

P060 465-73-6

P007 2763-96-4

P092 62-38-4

P065 628-86-4

P082 62-75-9

P064 624-83-9

P016 542-88-1

Pl12 509-14-8

Pl18 75-70-7

P050 115-29-7

Substance

Hydrazine, rnethylHydrocyanic ·acid

Hydrogen· cyanide

Hydrogen phosphide

Isodrin

3(2H)-Isoxazolone, 5-(aminomethyl)-

Mercury, (acetato-O) phenylMercury fulminate (R,T)

Methanamine, N-methyl-N-nitrosoMethane, isocyanatoMethane, oxybis[chloroMethane, tetranitro- (R)

Methanethiol, trichloro-

()

o

P059

P066

P068

P064

P069

P071

76-44-8

16752-77-5

60-34-4

624-83-9

75-86-5

298-00-0

4,7-Methano-1H-indene,

1,4,5,6,7,8,8-heptachloro-3a,4,7,7atetrahydroMethomyl

Methyl hydrazine

Methyl isocyanate

2-Methyllactonitrile

Methyl parathion

P072

P073

P073

86-88-4

13463-39-3

13463-39-3

alphaNaphthalenylthiourea

Nickel carbonyl

Nickel carbonyl (Ni(CO)4' (T,4)- o

Appendix 1 *** 135-54 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

P074

P074

P075

P076

P076

P077

P078

P078

P081

P082

P084

P085

P087

P087

P088

P089

P034

P048

P047

P020

P009

P092

P093

P094

Chemical

Abstracts No.

557-19-7

557-19-7

154-11-5

10102-43-9

10102-43-9

100-01-6

10102-44-0

10102-44-0

55-63-0

62-75-9

4549-40-0

152-16-9

20816-12-0

20816-12-0

145-73-3

56-38-2

131-89-5

51-28-5

1534-52-1

88-85-7

131-74-8

62-38-4

103-85-5

298-02-2

Substance

Nickel cyanide

Nickel cyanide Ni(CN)2

Nicotine, & salts

Nitric oxide

Nitrogen oxide NO

p-Nitroaniline

Nitrogen dioxide

Nitrogen oxide N02

Nitroglycerine (R)

N-Nitrosodimethylamine

N-Nitrosomethylvinylamine

Octamethylpyrophosphoramide

Osmium oxide OS04' (T-4)-

Osmium tetroxide

7-0xabicyclo[2.2.1]heptane-2,3-

dicarboxylic acid .

Parathion

Phenol, 2-cyclohexyl-4,6-dinitroPhenol, 2,4,dinitro

Phenol, 2-methyl-4,6-dinitro-, &

salts

Phenol, 2-(1-methylpropyl)-4,6-

dinitroPhenol, 2,4,6-trinitro-, ammonium

salt (R)

Phenylmercury acetate

Phenylthiourea

Phorate

Appendix 1 *** 135-55 *** (Last Revision - 3/94)
Potassium cyanide

Potassium cyanide K(CN)

Propanenitrile, 3-chloroPotassium silver cyanide

()

(Last Revision - 3/94)

Propanenitrile, 2-hydroxy-2-methyl1,2,3-Propanetriol, trinitrate (R)

2 -Proparione.,. l-bromoPropanenitrile

Plumbane, tetraethylPropanal, 2-methyl-2-(methylthio)-,

O-[(methylamino)carbonyl]oxime

Phosphorofluoridic acid, bis(lmethylethyl) ester

Phosphorothioic acid, O,O-diethyl 0-

(4-nitrophenyl) ester

Phosphorothioic acid, O,O-diethyl 0-

pyrazinyl ester

Phosphorothioic acid, 0-[4-

[(dimethylamino)sulfonyl]phenyl]

O,O-dimethyl ester

Phosphorothioic acid, O,O-dimethyl

0-(4-nitrophenyl) ester

Phosphorodithioic acid, O,O-dimethyl

S-[2-(methylamino)-2-oxoethyl] ester

Phosphorodithioic acid, O,O-diethyl

S-[(ethylthio)methyl]ester

Phosphorodithioic acid, O,O-diethyl

S-[2-(ethylthio)ethyl] ester

Phosgene

Phosphine

Phosphoric acid, diethyl 4-

nitrophenyl ester

Substance

*** 135-56 ***

Hazardous

Waste Chemical

No. Abstracts No.

P095 75-44-5

P096 7803-51-2

P041 311-45-5

P039 298-04-4

P094 298-02-2

P044 60-51-5

P043 55-91-4

P089 56-38-2

P040 297-97-2

P097 52-85-7

P071 298-00-0

P110 78-00-2

P098 151-50-8

P098 151-50-8

P099 506-61-6

P070 116-06-3

P101 107-12-0

P027 542-76-7

P069 75-86-5

P081 55-63-0

P017 ·598~31-2

Appendix 1
•

•

•

Hazardous

Waste

No.

P102

P003

P005

P067

P102

P008

P075

Pl14

P103

P104

P104

P105

P106

P106

P108

P018

P108

Pl15

P109

P110

P111

Pl12

P062

Pl13

Pl13

Chemical

Abstracts No.

107-19-7

107-02-8

107-18-6

75-55-8

107-19-7

504-24-5

154-11-5

12039-52-0

630-10-4

506-64-9

506-64-9

26628-22-8

143-33-9

143-33-9

157-24-9

357-57-3

157-24-9

7446-18-6

3689-24-5

78-00-2

107-49-3

509-14-8

757-58-4

1314-32-5

1314-32-5

Substance

Propargyl alcohol

2-Propenal

2-Propen-1-ol

l,2-Propylenimine

2-Propyn-1-ol

4-pyridinamine

Pyridine, 3-(1-methyl-2-

pyrrolidinyl)-, (S)-, & salts

Selenious acid, dithallium (1+) salt

Selenourea

Silver cyanide

Silver cyanide Ag(CN)

Sodium azide

Sodium cyanide

Sodium cyanide Na(CN)

Strychnidin-10-one, & salts

Strychnidin-10-one, 2,3-dimethoxyStrychnine, & salts

Sulfuric acid, dithallium(l+) salt

Tetraethyldithiopyrophosphate

Tetraethyl lead

Tetraethyl pyrophosphate

Tetranitromethane (R)

Tetraphosphoric acid, hexaethyl

ester

Thallic oxide

Appendix 1 *** 135-57 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No.

Pl14 12039-52-0

Pl15 7446-18-6

P109 3689-24-5

P045 39196-18-4

P049 541-53-7

P014 108-98-5

Pl16 79-19-6

P026 5344-82-1

P072 86-88-4

P093 103-85-5

P123 8001-35-2

Pl18 75-70-7

Pl19 7803-55-6

P120 1314-62-1

P120 1314-62-1

P084 4549-40-0

POOl 181-81-2

P121 557-21-1

P121 557-21-1

P122 1314-84-7

Substance

Thallium{I} selenite

Thallium{I} sulfate

Thiodiphosphoric acid, tetraethyl

ester

Thiofanox

Thioimidodicarbonic diamide

[ (H2N) C (S) ] 2NH

Thiophenol

Thiosemicarbazide

Thiourea, (2-chlorophenyl)-

Thiourea, 1-naphthalenylThiourea, phenylToxaphene

Trichloromethanethiol

Vanadic acid, ammonium salt

Vanadium oxide V20 S

Vanadium pentoxide

Vinylamine, N-methyl-N-nitrosoWarfarin, & salts, when present at

concentrations greater than 0.3%

Zinc cyanide

Zinc cyanide Zn(CN}2

Zinc phosphide Zn3P2, when present

at concentrations greater than 10%

(R,T)

c

c

1CAS Number given for parent compound only ..

o

Appendix 1 *** 135-58 *** (Last Revision - 3/94)
•

(F) The commercial chemical products, manufacturing chemical intermediates, or

off-specification commercial chemical products referred to in paragraphs (A)

through (D) of this section, are identified as toxic wastes (T), unless otherwise

designated and are subject to the small quantity generator exclusion defmed in 40

CFR 261.5(a) and (g). These wastes and their corresponding EPA Hazardous

Waste Codes are:

•

•

Hazardous

Waste

No.

U001

U034

U187

U005

U240

Ul12

U144

U214

See

F027

U002

U003

U004

U005

U006

U007

U00'8

U009

U011

U012

U136

Chemical

Abstracts No.

75-07-0

75-87-6

62-44-2

53-96-3

194-75-7

141-78-6

301-04-2

563-68-8

93-76-5

67-64-1

75-05-8

98-86-2

53-96-3

75-36-5

79-06-1

79-10-7

107-13-1

61-82-5

62-53-3

75-60-5

Substance

Acetaldehyde (I)

Acetaldehyde, trichloroAcetamide, N-(4-ethoxyphenyl)-

Acetamide, N-9H-fluoren-2-ylAcetic acid, (2,4-dichlorophenoxy)-,

salts & esters

Acetic acid, ethyl ester (I)

Acetic acid, lead (2+) salt

Acetic acid, thallium (1+) salt

Ac e tic a c i d , (2 , 4 , 5-

trichlorophenoxy)-

Acetone (I)

Acetonitrile (I,T)

Acetophenone

2-Acetylaminofluorene

Acetyl chloride (C,R,T)

Acrylamide

Acrylic acid (I)

Acrylonitrile

Amitrole

Aniline (I,T)

Arsinic acid, dimethylAppendix 1 *** 135-59 *** (Last Revision - 3/94)
Hazardous

Waste

No.

U014

U015

Chemical

Abstracts No.

492-80-8

115-02-6

Substance

Auramine

·Azaserine

(\

..

U010

U157

U016

U017

U192

U018

U094

U012

U014

U049

U093

50-07-7

56-49-5

225-51-4

98-87-3

23950-58-5

56-55-3

57-97-6

62-53-3

492-80-8

3165-93-3

60-11-7

Azirino[2' ,3' :3,4]pyrrolo[1,2-

a]indole-4,7-dione, 6-amino-8-

[[(aminocar-bonyl)oxy]methyl] -

1,la,2,8,8a,8b, hexahydo-8a-methoxy5-methyl-, [laS-(laalpha,

8beta,8aalpha,8balpha)]-

Benz [j]aceanthrylene, 1,2-dihydro-3-

met~ylBenz [c]acridine

Benzal chloride

Benzamide, 3,5-dichloro-N-(1,1-

dimethyl-2- propynyl)-

Benz [a] anthracene

Benz [a] anthracene, 7,12-dimethylBenzenamine (I,T)

Benzenamine, 4,4'-carbonimidoylbis

[N,N-dimethylBenzenamine, 4-chloro-2-methyl,

hydrochloride

Benzenamine, N,N-dimethyl-4-

(phenylazo)-

o

U328

U353

U158

U222

U181

95-53-4

106-49-0

101-14-4

636-21-5

99-55-8

Benzenamine,

Benzenamine,

Benzenamine,

[2-chloroBenzenamine,

chloride

Benzenamine,

2-methyl4-methyl4,4'-methylenebis

2-methyl-,hydro2-methyl-5-nitroU019

Appendix 1

71-43-2 Benzene (I,T)

*** 135-60 ***

()

(Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

U038

U030

U035

U037

U221

U028

U069

U088

U102

U107

U070

U071

U072

U060

U017

U223

U239

U201

U127

U056

U220

Chemical

Abstracts No.

510-15-6

101-55-3

305-03-3

108-90-7

25376-45-8

117-81-7

84-74-2

84-66-2

131-11-3

117-84-0

95-50-1

541-73-1

106-46-7

72-54-8

98-87-3

26471-62-5

1330-20-7

108-46-3

118-74-1

110-82-7

108-88-3

Substance

Benzeneacetic acid, 4-chloro-alpha-

(4-chlorophenyl)-alpha-hydroxy,

ethyl ester

Benzene, 1-bromo-4-phenoxyBenzenebutanoic acid, 4-[bis(2-

chloroethyl)amino]-

Benzene, chloroBenzenediamine, ar-methyl1,2-Benzenedicarboxylic acid, bis(2-

ethyl-hexyl) ester

1,2-Benzenedicarboxylic acid,

dibutyl ester

1,2-Benzenedicarboxylic acid,

diethyl ester

1,2-Benzenedicarboxylic acid,

dimethyl ester

1,2-Benzenedicarboxylic acid

dioctyl ester

Benzene, 1,2-dichloroBenzene, 1,3-dichloroBenzene, 1,4-dichloro

Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloroBenzene, (dichloromethyl)-

Benzene', 1,3 -diisocyanatomethyl-

(R, T)

Benzene, dimethyl- (I,T)

1,3-Benzenediol

Benzene, hexachloroBenzene, hexahydro- (I)

Benzene, methylAppendix 1 *** 135-61 *** (Last Revision - 3/94)
U105 121-14-2

U106 606-20-2

U055 98-82-8

U169 98-95-3

U183 608-93-5

U185 82-68-8

U020 98-09-9

U020 98-09-9

U207 95-94-3

U061 50-29-3

U247 72-43-5

U023 98-07-7

U234 99-35-4

U021 92-87-5

U202 181-07-2

U203 94-59-7

U141 120-58-1

U090 94-58-6

U064 189-55-9

U248 181-81-2

Hazardous

Waste

No.

U022

U197

U023

Chemical

Abstracts No.

50-32-8

106-:51-4

98-07-7

Substance

Benzene, 1-methyl-2,4-dinitroBenzene, 2-methyl-1,3-dinitroBenzene, (l-methylethyl)- (I)

Benzene, nitroBenzene, pentachloroBenzene, pentachloronitroBenzenesulfonic acid chloride (C,R)

Benzenesulfonyl chloride (C,R)

Benzene, 1,2,4,5-tetrachloroBenzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloroBenzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-methoxyBenzene, (trichloromethyl)-

Benzene, 1,3,5-trinitroBenzidine

1,2-Benzisothiazol-3(2H)-one, 1,1-

dioxide, & salts

1,3-Benzodioxole, 5-(2-propenyl)-

1,3-Benzoidioxole, S-(l-propenyl)-

1,3-Benzodioxole, S-propy~­

Benzo[rst]pentaphene

2H-1-Benzopyran-2-one, 4-hydroxy-3-

(3-oxo-1-phenylbutyl) -, & salts,

when present at concentrations of

0.3% or less

Benzo[a]pyrene

p-Benzoquinone

Benzotrichloride (C,R,T)

()

o

o

Appendix 1 *** 135-62 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No. •

•

•

U085

U021

U073

U091

U095

U225

U030

U128

U172

U031

U159

U160

0053

U074

U143

U031

U136

U032

U238

U178

U097

1464-53-5

92-87-5

91-94-1

119-90-4

119-93-7

75-25-2

101-55-3

87-68-3

924-16-3

71-36-3

78-93-3

1338-23-4

4170-30-3

764-41-0

303-34-4

71-36-3

75-60-5

13765-19-0

51-79-6

615-53-2

79-44-7

Substance

2,2'-Bioxirane

[l,1'-Biphenyl]-4,4'-diamine

[l,1'-Biphenyl]-4,4'-diamine, 3,3'-

dichloro-

[l,1'-Biphenyl]-4,4'-diamine, 3,3'-

dimethoxy-

[l,l'-Biphenyl] -4,4'-diamine, 3,3'-

dimethylBromoform

4-Bromophenyl phenyl ether

1,3-Butadiene, 1,1,2,3,4,4-

hexachloro1-Butanamine, N-butyl-N-nitroso1-Butanol (I)

2-Butanone (I,T)

2-Butanone peroxide (R,T)

2-Butenal

2-Butene, 1,4-dichloro- (I,T)

2-Butenoic acid, 2-methyl-,7-[[2,3-

dihydroxy-2-(1-methoxyethyl)-3-

methyl-1-oxobutoxy]methyl]2,3,5,7atetrahydro-1H-pyrrolizin-1-yl ester,

[lS-[lalpha(Z) ,7(2S*,3R*),

7aalpha]]-

n-Butyl alcohol (I)

Cacodylic acid

Calcium chromate

Carbamic acid, ethyl ester

Carbamic acid, methylnitroso-, ethyl

ester

Carbamic chloride, dimethylAppendix 1 *** 135-63 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No. Substance (j

Ul14

U062

U215

U033

U156

U033

U211

U034

U035

U036

U026

U037

U038

U039

U042

U044

U046

U047

U048

U049

U032

U050

1111-54-6

2303-16-4

6533-73-9

353-50-4

79-22-1

353-50-4

56-23-5

75-87-6

305-03-3

57-74-9

494-03-1

108-90-7

510-15-6

59-50-7

110-75-8

67-66-3

107-30-2

91-58-7

95-57-8

3165-93-3

13765-19-0

218-01-9

Carbamodithioic acid, 1,2-

ethanediylbis-, salts & esters

Carbamothioic acid, bis(l-methylethyl)-, S- (2,3-dichloro-2-

propenyl) ester

Carbonic acid, dithallium (1+) salt

Carbonic difluoride

Carbonochloridic acid, methyl ester

(I, T)

Carbon oxyfluoride (R,T)

Carbon tetrachloride

Chloral

Chlorambucil

Chlordane, alpha & gamma isomers

Chlornaphazin

Chlorobenzene

Chlorobenzilate

p-Chloro-m-cresol

2-Chloroethyl vinyl ether

Chloroform

Chloromethyl methyl ether

beta-Chloronaphthalene

o-Chlorophenol

4-Chloro-o-toluidine, hydrochloride

Chromic acid H2Cr04 , calcium salt

Chrysene

o

U051

U052 1319-77-3

Creosote

Cresol (Cresylic acid) ()

Appendix 1 *** 135-64 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

U053

U055

U246

U197

U056

U129

U057

U130

U058

U240

U059

U060

U061

U062

U063

U064

U066

U069

U070

U071

U072

U073

U074

U075

Chemical

Abstracts No.

4170-30-3

98-82-8

506-68-3

106-51-4

110-82-7

58-89-9

108-94-1

77-47-4

50-18-;0

194-75-7

20830-81-3

72-54-8

50-29-3

2303-16-4

53-70-3

189-55-9

96-12-8

84-74-2

95-50-1

541-73-1

106-46-7

91-94-1

764-41-0

75-71-8

Substance

Crotonaldehyde

Cumene (I)

Cyanogen bromide (CN}Br

2,5-Cyclohexadiene-1,4-dione

Cyclohexane (I)

Cyclohexane, 1,2,3,4,5,6-

hexachloro- ,

(lalpha,2alpha,3beta,4alpha,5alpha,

6beta)-

Cyclohexanone (I)

1,3-Cyclopentadiene, 1,2,3,4,5,5-

hexa-chloroCyclophosphamide

2,4-D, salts & esters

Daunomycin

DDD

DDT

Diallate

Dibenz[a,h]anthracene

Dibenzo[a,i]pyrene

1,2-Dibromo-3-chloropropane

Dibutyl phthalate

o-Dichlorobenzene

m-Dichlorobenzene

p-Dichlorobenzene

3,3'-Dichlorobenzidine

1,4-dichloro-2-butene (I,T)

Dichlorodifluoromethane

Appendix 1 *** 135-65 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No. Substance o

N,N'-Diethylhydrazine

O,O-Diethyl S-methyl dithiOPhosPhate~

Diethyl phthalate

p-Dimethylaminoazobenzene

Dimethylcarbamoyl chloride

1,2:3,4-Diepoxybutane (I,T)

C)

(Last Revision - 3/94)

1,2-Dimethylhydrazine

2,4-Dimethylphenol

1,1-Dimethylhydrazine

3,3'-Dimethylbenzidine

alpha, alphaDimethylbenzylhydroperoxide (R)

7, 12-Dimethylbenz [a] anthracene

3,3'-Dimethoxybenzidine

Diethylstilbesterol

Dimethylamine (I)

Dihydrosafrole

1,3-Dichloropropene

2,4-Dichlorophenol

2,6-Dichlorophenol

Diethylhexyl phthalate

1,4-Diethyleneoxide

1,1-Dichloroethylene

1,2-Dichloroethylene

Dichloromethoxy ethane

Dichloroisopropyl ether

Dichloroethyl ether

*** 135-66 ***

U078 75-35-4

U079 156-60-5

U025 111-44-4

U027 108-60-1

U024 111-91-1

U081 120-83-2

U082 87-65-0

U084 542-75-6

U085 1464-53-5

U108 123-91-1

U028 117-81-7

U086 1615-80-1

U087 3288-58-2

U088 84-66-2

U089 56-53-1

U090 94-58-6

U091 119-90-4

U092 124-40-3

U093 60-11-7

U094 57-97-6

U095 119-93-7

U096 80-15-9

U097 79-44-7

U098 57-14-7

U099 540-73-8

U101 105-67-9

Appendix 1
•

•

•

Hazardous

Waste

No.

U102

U103

U105

U106

U107

U108

U109

U110

U111

U041

U001

U174

U155

U067

U076

U077

U131

U024

Ul17

U025

U184

U208

U209

U218

U226

Chemical

Abstracts No.

131-11-3

77-78-1

121-14-2

606-20-2

117-84-0

123-91-1

122-66-7

142-84-7

621-64-7

106-89-8

75-07-0

55-18-5

91-80-5

106-93-4

75-34-3,

107-06-2

67-72-1

111-91-1

60-29-7

111-44-4

76-01-7

630-20-6

79-34-5

62-55-5

71-55-6

Substance

Dimethyl phthalate

Dimethyl sulfate

2,4-Dinitrotoluene

2,6-Dinitrotoluene

Di-n-octyl phthalate

1,4-Dioxane

1,2-Diphenylhydrazine

Dipropylamine (I)

Di-n-propylnitrosamine

Epichlorohydrin

Ethanal (I)

Ethanamine~ N-ethyl-N-nitroso1,2-Ethanediamine, N,N-d1methyl-N'-

2-pyridinyl-N'-(2-thienylmethyl)-

Ethane, 1,2-dibromoEthane, 1,1-dichloroEthane, 1,2-dichloroEthane, hexachloroEthane, 1,1'-[methylenebis(oxy)bis

[2-chloroEthane, 1,1'-oxybis- (I)

Ethane, l,l'-oxybis[2-chloroEthane, pentachloroEthane, l,l~1,2-tetrachloroEthane, l,l,2,2-tetrachloroEthanethioamide

Ethane, 1,l,l-trichloroAppendix 1 *** 135-67 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No. Substance c

U227

U359

U173

U004

U043

U042

U078

U079

U210

U228

Ul12

Ul13

U238

Ul17

Ul14

U067

U077

U359

Ul15

Ul16

U076

Ul18

Ul19

U120

U122

U123

79-00-5

110-80-5

1116-54-7

98-86-2

75-01-4

110-75-8

75-35-4

156-60-5

127-18-4

79-01-6

141-78-6

140-88-5

51-79-6

60-29-7

1111-54-6

106-93-4

107-06-2

110-80-5

75-21-8

96-45-7

75-34-3

97-63-2

62-50-0

206-44-0

50-00-0

64-18-6

Ethane, l,l,2-trichloroEthanol, 2-ethoxyEthanol, 2,2'-(nitrosoimino)bisEthanone,. 1-phenylEthene, chloroEthene, (2-chloroethoxy)-

Ethene, l,l-dichloroEthene, l,2-dichloro-, (E)-

Ethene, tetrachloroEthene, trichloro

Ethyl acetate (I)

Ethyl acrylate (I)

Ethyl carbamate (urethane)

Ethyl ether (I)

Ethylenebisdithiocarbamic acid,

salts IX esters

Ethylene dibromide

Ethylene dichloride

Ethylene glycol monoethyl ether

Ethylene oxide (I,T)

Ethylenethiourea

Ethylidene dichloride

Ethyl methacrylate

Ethyl methanesulfonate

Fluoranthene

Formaldehyde

Formic acid (C,T)

o

o

Appendix 1 *** 135-68 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

U124

U125

U147

U213

U125

U124

U206

U206

U126

U163

U127

U128

U130

U131

U132

U243

U133

U086

U098

U099

U109

U134

U134

U135

U135

Chemical

Abstracts No.

110-00-9

98-01-1

108-31-6

109-99-9

98-01-1

110-00-9

18883-66-4

18883-66-4

765-34-4

70-25-7

118-74-1

87-68-3

77-47-4

67-72-1

70-30-4

1888-71-7

302-01-2

1615-80-1

57-14-7

540-73-8

122-66-7

7664-39-3

7664-39-3

7783-06-4

7783-06-4

Substance

Furan (I)

2-Furancarboxaldehyde (I)

2,5-Furandione

Furan, tetrahydro- (I)

Furfural (I)

Furfuran (I)

Glucopyranose, 2-deoxy-2-(3-methyl3-nitrosoureido-, DD-Glucose, 2-deoxy-2-[[(methylnitrosoamino)-carbonyl]amino]-

Glycidylaldehy~e

Guanidine, N-methyl-N'~nitro-NnitrosoHexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

Hexachloroethane

Hexachlorophene

Hexachloropropene

Hydrazine (R,T)

Hydrazine, 1,2-diethylHydrazine, 1,1-dimethylHydrazine, 1,2-dimethylHydrazine, 1,2-diphenylHydrofluoric acid (C,T)

Hydrogen fluoride (C,T)

Hydrogen sulfide

Hydrogen sulfide H2S

Appendix 1 *** 135-69 *** (Last Revision - 3/94)
Lead, bis(acetato-O)tetrahydroxytriLead phosphate

Methanamine, N-methyl- (I)

Hydroperoxide, 1-methyl-1-

phenylethyl- (R)

Hazardous

Waste Chemical

No. Abstracts No.

U096 80-15-9

Ul16 96-45-7

U137 193-39-5

U190 85-44-9

U140 78-83-1

U141 120-58-1

U142 143-50-0

U143 303-34-4

U144 301-04-2

U146 1335-32-6

U145 7446-27-7

U146 1335-32-6

U129 58-89-9

U163 70-25-7

U147 108-31-6

U148 123-33-1

U149 109-77-3

U150 148-82-3

U151 7439-97-6

U152 126-98-7

U092 124-40-3

U029 74-83-9

U045 74-87-3

U046 107-30-2

U068 74-95-3

U080 7'5-09-2

Appendix 1

Substance

2-Imidazolidinethione

Indeno[1,2,3-cd]pyrene

1,3-Isobenzofurandione

Isobutyl alcohol (I,T)

Isosafrole

Kepone

Lasiocarpine

Lead acetate

Lead subacetate

Lindane

MNNG

Maleic anhydride

Maleic hydrazide

Malononitrile

Melphalan

Mercury

Methacrylonitrile (I,T)

Methane, bromoMethane, chloro- (I,T)

Methane, chloromethoxyMethane, dibromoMethane, dichloro-

*** 135-70 ***

()

o

o

(Last Revision - 3/94)
•

Hazardous

Waste Chemical

No. Abstracts No. Substance

•

•

U075

U138

Ul19

U211

U153

U225

U044

U121

U036

U154

U155

U142

U247

U154

U029

U186

U045

U156

U226

U157

U158

U068

U080

U159

75-71-8

74-88-4

62-50-0

56-23-5

74-93-1

75-25-2

67-66-3

75-69-4

57-74-9

67-56-1

91-80-5

143-50-0

72-43-5

67-56-1

74-83-9

504-60-9

74-87-3

79-22-1

71-55-6

56-49-5

101-14-4

74-95-3

75-09-2

78-93-3

Methane, dichlorodifluoroMethane, iodoMethanesulfonic acid, ethyl ester

Methane, tetrachloroMethanethiol (I,T)

Methane, tribromoMethane; trichloroMethane, trichlorofluoro4,7-Methano-lH-indene,

l,2,4,5,6,7,8,8-octachloro2,3,3a,4,7,7a-hexahydroMethanol (I)

Methapyrilene

1, 3,4-Metheno-2H-cyclobuta [cd]

pentalen-2-one,

l,la,3,3a,4,5,5,5a,5b,6-

decachlorooctahydroMethoxychlor

Methyl alcohol (I)

Methyl bromide

1-Methylbutadiene (I)

Methyl chloride (I,T)

Methyl chlorocarbonate (I,T)

Methyl chloroform

3-Methylcholanthrene

4,4'-Methylenebis(2-chloroaniline)

Methylene bromide

Methylene Chloride

Methyl ethyl ketone (MEK) (I,T)

Appendix 1 *** 135-71 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No.

U160 1338-23-4

U138 74-88-4

U161 108-10-1

U162 80-62-6

U161 108-10-1

U164 56-04-2

U010 50-07-7

U059 20830-81-3

U167 134-32-7

U168 91-59-8

U026 494-:03-1

U165 91-20-3

U047 91-58-7

U166 130-15-4

U236 75-57-1

Substance

Methyl ethyl ketone peroxide (R,T)

Methyl iodide

Methyl isobutyl ketone (I)

Methyl methacrylate (I,T)

4-Methyl-2-pentanone (I)

Methylthiouracil

Mitomycin C

5, 12-Naphthacenedione, 8-acetyl-10-

[3-amino-2,3,6-trideoxy)-alpha-Llyxo-hexopyranosyl)oxy]-7,8,9,10-

tetrahydro-6,8, 11-trihydroxy-1-

methoxy-, (8S-cis)-

1-Naphthalenamine

2-Naphthalenamine

Naphthalenamine, N,N'-bis(2-

chloroethyl)-

Naphthalene

Naphthalene, 2-chloro1,4-Naphthalenedione

2,7-Naphthalenedisulfonic acid,

3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-

4,4'-diyl)bis(azo)bis[5-amino-4-

hydroxy]-tetrasodium salt

C)

o

0166

U167

U168

U217

U169

U170

U171

130-15-4

134-32-7

91-59-8

10102-45-1

98-95-3

100-02-7

79-46-9

1,4-Naphthoquinone

alpha-Naphthylamine

beta-Naphthylamine

Nitric acid, thallium (1+) salt

Nitrobenzene (I,T)

p-Ni·trophenol

2-Nitroproparie (I,T)

Appendix 1 *** 135-72 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

U172

U173

U174

U176

U177

U178

U179

U180

U181

U193

U058

Ul15

U126

U041

U182

U183

U184

U185

See

F027

U161

U186

U187

U188

U048

U039

Chemical

Abstracts No.

924-16-3

1116-54-7

55-18-5

759-73-9

684-93-5

615-53-2

100-75-4

930-55-2

99-55-8

1120-71-4

50-18-0

75-21-8

765-34-4

106-89-8

123-63-7

608-93-5

74-01-7

82-68-8

87-86-5

108-10-1

504-60-9

62-44-2

108-95-2

95-57-8

59-50-7

Substance

N-Nitrosodi-n-butylamine

N-Nitrosodiethanolamine

N-Nitrosodiethylamine

N-Nitroso-N-ethylurea

N-Nitroso-N-methylurea

N-Nitroso-N-methylurethane

N-Nitrosopiperidine

N-Nitrosopyrrolidine

5-Nitro-o-toluidine

1,2-0xathiolane, 2,2-dioxide

2H-1,3,2-0xazaphosphorin-2-amine,

N,N-bis (2-chloroethyl) tetrahydro-,2-oxide

Oxirane (I,T)

Oxiranecarboxyaldehyde

Oxirane, (chloromethyl)-

Paraldehyde

Pentachlorobenzene

Pentachloroethane

Pentachloronitrobenzene (PCNB)

Pentachlorophenol

Pentanol, 4-methyl1,3-Pentadiene (I)

Phenacetin

Phenol

Phenol, 2-chloroPhenol, 4-chloro-3-methylAppendix 1 *** 135-73 *** (Last Revision - 3/94)
Phosphoric acid, lead(2+) salt (2:3)

(Last Revision - 3/94)

Hazardous

Waste Chemical

No. Abstracts No.

U081 120-83-2

U082 87-65-0

U089 56-53-1

U101 105-67-9

U052 1319-77-3

U132 70-30-4

U170 100-02-7

See 87-86-5

F027

See 58-90-2

F027

See 95-95-4

F027

See 88-06-2

F027

U150 148-82-3

U145 7446-27-7

U087 3288-58-2

U189 1314-80-3

U190 85-44-9

U191 109-06-8

U179 100-75-4

U192 23950-58-5

U194 107-10-8

U111 621-64-7

U110 142-84-7

Appendix 1

Substance

Phenol, 2,4-dichloroPhenol, 2,6-dichloroPhenol, 4,4'-(1,2-dietpyl-1,2-

ethenediyl)bis-, (E)-

Phenol, 2,4-dimethylPhenol, methylPhenol, 2,2'-methylenebis[3,4,6-

trichloroPhenol, 4-nitroPhenol, pentachloroPehnol, 2,3,4,6-tetrachloroPhenol, 2,4,5-trichloroPhenol, 2,4,6-trichloroL-Phenylalanine, 4-[bis(2-

chloroethyl)aminolPhosphorodithioic acid, O,O-diethyl

S-methyl ester

Phosphorus sulfide (R)

Phthalic anhydride

2-Picoline

Piperidine, 1-nitrosoPronamide

1-Propanamine (I,T)

1-Propanamine, N-nitroso-N-propyl1-Propanamine, N-propyl- (I)

*** 135-74 ***

c

c

C)
•

•

•

Hazardous

Waste

No.

U066

U083

U149

U171

U027

U193

See

F027

U235

U140

U002

U007

U084

U243

U009

U152

U008

Ul13

Ul18

U162

U194

U083

U148

U198

U191

Chemical

Abstracts No.

96-12-8

78-87"-5

109-77-3

79-46-9

108-60-1

1120-71-4

93-72-1

126-72-7

78-83-1

67-64-1

79-06-1

542-75-6

1888-71-7

107-13-1

126-98-7

79-10-7

140-88-5

97-63-2

80-62-6

107-10-8

78-87-5

123-33-1

110-86-1

109-06-8

Substance

Propane, l,2-dibromo-3-chloro

Propane, l,2-dichloroPropanedinitrile

Propane, 2-nitro- (I,T)

Propane; 2,2'-oxybis[2-chloro1,3-Propane sultone

Propanoic acid, 2-(2,4,5-

trichlorophenoxy)-

1-Propanol, 2,3-dibromo-, phosphate

(3: 1)

1-Propanol, 2-methyl- (I,T)

2-Propanone (I)

2-Propenamide

1-Propene, 1,3-dichloro1-Propene,l,l,2,3,3,3-hexachloro2-Propenenitrile

2-Propenenitrile, 2-methyl- (I,T)

2-Propenoic acid (I)

2-Propenoic acid, ethyl ester (I)

2-Propenoic acid, 2-methyl-, ethyl

ester

2-Propenoic acid, 2-methyl-, methyl

ester (I,T)

n-Propylamine (I,T)

Propylene dichloride

3,6-Pyridazinedione, 1,2-dihydro

Pyridine

Pyridine, 2-methyl

Appendix 1 *** 135-75 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No. Substance o

U237

U164

U180

U200

U201

U202

U203

U204

U204

U205

U205

U015

See

F027

U206

U103

U189

See

F027

U207

U208

U209

U210

See

F027

U213

U214

66-75-1

56-04-2

930-55-2

50-55-5

108-46-3

94-59-7

7783-00-8

7783-00-8

7488-56-4

7488-56-4

115-02-6

93-72-1

18883-66-4

77-78-1

1314-80-3

93-76-5

95-94-3

630-20-6

79-34-5

127-18-4

58-90-2

109-99-9

563-68-8

2,4-(lH,3H)-Pyrimidinedione,5-

[bis(2-chloroethyl)amino]-

4(lH)-Pyrimidinone, 2,3-dihydro-6-

methyl-2-thioxopyrrolidine, 1-nitrosoReserpine

Resorcinol

Saccharin, & salts

Safrole

Selenious acid

Selenium dioxide

Selenium sulfide.

Selenium sulfide SeS2 (R,T)

L-Serine, diazoacetate (ester)

Silvex (2,4,5-TP)

Streptozotocin

Sulfuric acid, dimethyl ester

Sulfur phosphide (R)

2,4,5-T

l,2,4,5-Tetrachlorobenzene

1, 1, l,2-Tetrachloroethane

1, 1, 2, 2-Tetrachloroethane

Tetrachloroethylene

2, 3,4, 6-Tetrachlorophenol

Tetrahydrofuran (I)

Thallium(l) acetate

o

()

Appendix 1 *** 135-76 *** (Last Revision - 3/94)
•

•

•

Hazardous

Waste

No.

U215

U216

U216

U217

U218

U153

U244

U219

U244

U220

U221

U223

U328

U353

U222

U011

U227

U228

U121

See

F027

See

F027

U234

U182

U235

U236

Chemical

Abstracts No.

6533-73-9

7791-12-0

7791-12-0

10102-45-1

62-55-5

74-93-1

137-26-8

62-56-6

137-26-8

108-88-3

25376-45-8

26471-62-5

95-53-4

106-49-0

636-21-5

61-82-5

79-00-5

79-01-6

75-69-4

95-95-4

88-06-2

99-35-4

123-63-7

126-72-7

72-57-1

Substance

Thallium(l) carbonate

Thallium(l) chloride

Thallium chloride TICI

Thallium(l) nitrate

Thioacetamide

Thiomethanol (I,T)

Thioperoxydicarbonic diamide

[(H2N) C (S)] 2S2' tetramethylThiourea

Thiram

Toluene

Toluenediamine

Toluene diisocyanate (R,T)

o-Toluidine

p-Toluidine

o-Toluidine hydrochloride

1H-1,2,4-Triazol-3-amine

1,1,2-Trichloroethane

Trichloroethylene

Trichloromonofluoromethane

2,4,5-Trichlorophenol

2,4,6-Trichlorophenol

1,3,5-Trinitrobenzene (R,T)

1, 3, 5-Trioxane, 2,4,6-trimethylTris(2,3-dibromopropyl) phosphate

Trypan blue

Appendix 1 *** 135-77 *** (Last Revision - 3/94)
Hazardous

Waste Chemical

No. Abstracts No.

U237 66-75-1

U176 759-73-9

U177 684-93-5

U043 75-01-4

U248 181-81-2

U239 1330-20-7

U200 50-55-5

Substance

Uracil mustard

Urea, N-ethyl-N-nitrosoUrea, N-methyl-N-nitrosoVinyl chloride

Warfarin, & salts, when present at

concentrations of 0.3% or less

Xylene (I)

Yohimban-16-carboxylic acid, 11,17-

dimethoxy-18-[3,4,5-trimethoxybenzoyl)oxy]-,methyl ester,

(3beta, 16beta, 17alpha, 18beta,

20alpha)-

c

U249 1314-84-7 Zinc phosphide Zn3P2 ' when present

at concentrations of 10% or less

o

leAS Number given for parent compound only.

C~'

Appendix 1 *** 135-78 *** (Last Revision - 3/94)
..

, ,

•

(e) Any residue, including but not limited to manufacturing process wastes and

unused chemicals that has either:

(A) A 3% or greater concentration of any substance or mixture of substances

listed in 40 CFR 261.33(e); or

(B) A 10% or greater concentration of any substance or mixture of substances

listed in 40 CFR 261.33(t), except U075 (Dichlorodifluoromethane) and

U121 (Trichloromonofluoromethane) when they are intended to be

recycled.

(t) The wastes identified in subsections (e)(A) of this rule are identified as acutely

hazardous wastes (H) and are subject to the small quantity exclusion defined in

40 CFR 261.5(e)..

[Comment: Section (2)(e) of this nile shall be applied to a manufacturing

process waste only in the event it is not identified elsewhere in OAR Chapter

340, Division 101, but prior to application of section (2)(g) of this rule.]

•

(g) A pesticide residue or pesticide manufacturing residue is a toxic hazardous waste

if a representative sample of the residue exhibits a 96-hour aquatic LC 50 equal to

or less than 250 mg/l, except for residues listed in Table 1 of 40 CFR 261.24

which pass the evaluation requirement of 40 CFR 261.24.

[Comment: A pesticide residue or pesticide manufacturing residue identified

section (2)(g)(A) of this rule but not in 40 CFR 261.24 or listed elsewhere in

Subpart D of 40 CFR Part 261, has the Hazardous Waste Number of XOOI and is

added to and made a part of the list of hazardous wastes in 40 CFR 261.31, until

a representative sample of the residue no longer exhibits an LC50 equal to or less

than 250 mg/I.]

•

(h) The commercial chemical products, manufacturing chemical intermediates, or

off-specification commercial chemical products or manufacturing chemical intermediates listed as follows:

(A) P999....Nerve agents (such as GB (Sarin) and VX).

(Rev. 10/16/92, Effective 11/1/92; Rev. 3/11/94, Eff. 3/22/94)

Appendix 1 *** 135-79 *** (Last Revision - 3/94)
Appendix 1

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*** 135-80 ***

•

o

o

(Last Revision - 3/94)