### DEPARTMENT OF

ENVIRONMENTAL
QUALITY August 26, 2004 Ron Kreizenbeck Acting Regional Administrator US EPA Region 10 1200 Sixth Avenue Seattle WA 98101 

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Re: Application for Final Authorization

- Amendments to the Corrective Action Management Unit Rule (67 FR 2962)

Dear Mr. Kreizenbeck,

Oregon adopted and was authorized for the 1993 Corrective Action Management Unit (CAMU) rule which became effective 12/7/1995, The subject amendments, published 1/22/2002, were promulgated under HSWA authorities and are more stringent than the original rules. The provisions of 40 CFR 271:24 and 40 CFR 271.27 grant interim authorization to States authorized for the original rule. On March 5, 2003, the Oregon Department of Environmental Quality (DEQ) submitted notification to EPA and Oregon received interim authorization for these amendments.'

DEQ conducted rulemaking in 2003, proposing the incorporation by reference of the subject amendments with no exceptions, modifications, or changes. The rule was adopted by the Environmental Quality Commission on October 10, 2003, and was filed with the Oregon Secretary of State and became effective on October24, 2003.

DEQ's interim authorization will expire on August 30, ·2004, and we wish to continue to operate this important part of our federally authorized hazardous waste program. I therefore request that Oregon be granted final authorization for the rule of 1/22/2002 at 67 FR 2962. In support of this application, I endose a statement by the Oregon.Attorney General and a current copy of the relevant Oregon Administrative Rule (340-100-0002). As the Program Description submitted with ourJanuary2002 authorization application has not SUbstantially changed, it is incorporated by reference.

If you have any questions or require any further information to evaluate this application, please contactWendy Wiles at 503-229-5769 or Scott Latham at 503-229-5953.

Sincerely, 

# /.p ,,-**#~p~-** Alan D. Kiphut Administrator Land Quality Division 

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811 SW Sixth Avenue Portland, OR97204-1390 (503) 229·5696 

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DEQ-l 'CO'Attorney General's Statementfor Revision to Oregon's Federally Authorized Hazardous Waste Program forthe CAMU RUle of 1/2212002 (67 FR 2962)

I hereby certify, pursuant to my authorlty as AssistantAttorney General and in . accordance with Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271 that in my opinion the laws of the State of Oregon provide adequate authorityto carry outthe amendmentsto the CAMU rule of 112212002 (67 FR 2962) in accordancewith the revised program setforth in the revised "Program Description" submitted by the state of Oregon Departmentof Environmental Quality (ODEQ), January 2002. The January 2002 Program Description is an accurate description of the program thatwill Include Implementation of the amendments to the CAMU rule, is sufficientas stands. The specific authorities provided are contained in statutes or regulations lawfUlly adopted at the time this statement is signed and which are in effect now; as specified below.

Except as otherwise modified or specified by Oregon Administratlve Rules (OAR) Chapter340, Divisions 100 to 106,108,109,111,113, and 120, Federal rules promulgated through April 12, 2000 July 1, 2002, and inoludlng the rulepromulgated on July 24, 2002 at 67 Federal Register48393, have been adopted by reference pursuant to OAR**340-100~0002,** effective July 21,2000 and October24,2003, and Oregon Revised Statutes (ORS) underORS 466.020, ORS 183.310to ORS 183.550, ORS 466.005to ORS 466.385 and ORS 466.890; and implementing authority under ORS 183.325, ORS 183.335, ORS 183.337, DRS 192, ORS 459, ORS 466.003, ORS 465.009, ORS 466.015, ORS 466.025, ORS 466, 466.075, ORS 466.090, ORS 466.100, ORS 466.105, ORS 466.195, ORS 468, and DRS 646. These authorities and this certification supplementthe previously certified authorities described in my (or my predecessors) certifications of January 1966, March 1990, August 1994, June 1995, and November 1995.

Larry Edelman 

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AssistantAttorney General 

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Date: 

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. . 7 I340-100-0002

Adoption of United States Environmental Protection Agency Hazardous Waste and Used Oil Management Regulations

(1) Except as otherwise modified or specified by OAR 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142 the rules and regulations governing the management of hazardous waste, including its generation, transportation, treatment, storage, recycling and disposal, prescribed by the United States Environmental Protection Agency in Title 40 Code of Federal RegUlations, Parts 260 to 266, 268, 270, 273 and Subpart A and Subpart B of Part 124 promulgated through July 1,2002, and including the rule promulgated July24,2002 at 67 Federal Register48393, except the amendments to 40 CFR Parts 264, 265 and 270 as prornulqated at 65 Federal Register 56710-56735, October22.1998, and 65 Federal Register 30886-30913, May 15,2000. are adopted by reference and prescribed by the Commission to be observed by all persons SUbject to ORS 466.005 to 466.080 and 466.090 to 466.215.

(2) Except as otherwise modified or specified by OAR 340, division 111, the rules and regulations governing the standards for the management of used oil, prescribed by the United States Environmental Protection Agency in Title 40 Code of Federal RegUlations, Part 279 promulgated through July24,2002, are adopted by reference into Oregon Administrative Rules and prescribed by the Commission to be observed by all persons SUbject to ORS 466.005 to 466.080 and 466.090 to 466.215.

COMMENT: The Department uses the federal preamble accompanying the federal regulations and federal guidance as

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[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 465.009, 466.020 & 465.505 Stat. Implemented: ORS 465.003, 465.009, 466.005, 466.075, 466.105,465.505 Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 10-1987, f. & ef. 6-11-87; DEQ 23-1987, f. & ef. 12-16-87; DEQ 19-1988, f. & cert. ef. 7-13-88; DEQ 12-1989, f. & cert. ef. 6-12-89; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 24-1992, 

### 1. 10-23-92, cert. ef. 11-1-92; DEQ 11C1993, f. & cert. ef. 7-29-93; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 31-1994(Temp), f. 12-6-94, cert. ef.12-19-94; DEQ 11-1995, f. & cert. ef. 5-19-95; DEQ 12-1996, f. 

### &cert. ef. 7-31-96; DEQ 14-1997, f. 

### &cert. ef. 7-23-97; DEQ 11-1998, f. 

### & cert. ef. 6-26-98; DEQ 26-1998(Temp), f. & cert. ef. 11-3-98 thru 3-19-99; DEQ 4-1999, f. 

### &cert. ef. 3-19-99; DEQ 10-2000, 

### 1.& cert. ef. 7-21-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03