DEPARTMENT OF

ENVIRONMENTAL

August 26, 2004 QUALITY

Ron Kreizenbeck

Acting Regional Administrator

US EPA Region 10

1200 Sixth Avenue

Seattle WA 98101

-, .=---------oregon

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 October 24, 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 our January 2002 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 contact Wendy Wiles at 503-229-5769 or Scott Latham at 503-229-5953.

Sincerely, /.p ,,- #~p~- Alan D. Kiphut

Administrator

Land Quality Division

•

: .. ',

\ ••••.. r-:/

811 SW Sixth Avenue

Portland, OR 97204-1390

(503) 229·5696

roo (503) 229-6993 """

DEQ-l 'CO'
Attorney General's Statement for Revision to Oregon's Federally Authorized

Hazardous Waste Program for the CAMU RUle of 1/2212002 (67 FR 2962)

I hereby certify, pursuant to my authorlty as Assistant Attorney 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 authority to carry out the amendments to the CAMU rule of 112212002 (67 FR

2962) in accordance with the revised program set forth in the revised "Program

Description" submitted by the state of Oregon Department of Environmental Quality

(ODEQ), January 2002. The January 2002 Program Description is an accurate

description of the program that will Include Implementation of the amendments to the

CAMU rule, is sufficient as 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)

Chapter 340, 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 Register 48393, have been adopted by reference pursuant

to OAR 340-100~0002, effective July 21,2000 and October 24,2003, and Oregon

Revised Statutes (ORS) under ORS 466.020, ORS 183.310 to ORS 183.550, ORS

466.005 to 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 supplement the previously certified authorities described in my (or my

predecessors) certifications of January 1966, March 1990, August 1994, June 1995, and

November 1995.

Larry Edelman --J}.JI/ r

Assistant Attorney General 0(. C £.....--/

Date: P1:2:]'/ cJ 'I' . . 7 I
340-100-0002

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 July 24,2002 at 67 Federal Register 48393, except the amendments to 40

CFR Parts 264, 265 and 270 as prornulqated at 65 Federal Register 56710-56735,

October 22.1998, 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 July 24,2002, 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 a basis for requlatory decision-making.

[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