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# ATTORNEY GENERAL'S STATEMENT 

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• StateofOregon Departmentof Environmental Quality 

# JANUARY 2002

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• ATTORNEY GENERAL'S STATEMENT FORFINAL AUTHORIZATION FOR CHANGES TO THE FEDERAL**RCRAPROG~THROUGH** APRIL 12,2000
I hereby certify, pursuant to my authority as Assistant Attorney General and in accordance with Section 3006(b) ofthe 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 jn my opinion the laws of the State of Oregon provide adequate authority to carry out the revised program set forth in the revised "Program Description" submitted by the State of Oregon Department ofEnvironmental Quality (ODEQ). 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 Administrative Rules (OAR) Chapter 340, Divisions 100 to 106, 108, 109, 111, 113, and 120, Federal rules promulgated through April 12, 2000, have been adopted by reference pursuant to OAR 340-100-0002, effective July 21, 2000, 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 iinplementing authority under ORS 183.325, ORS 183.335, ORS 183.337, ORS 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 ORS 646. These authorities and this certification supplement the previously certified authorities described in my (or my predecessors) certifications ofJanuary 1986, March 1990, August 1994, June 1995, and November 1995

. The numbering scheme for the Oregon Administrative Rules was changed by the Secretary of State and described in the October 1995, Bulletin ofthe Secretary ofState. The "leading 0" was added to all State regulations to resolve formatting and regulatory renumbering issues created when the State began running out ofnumbers to use. This Attorney General statement is the core ofthe State ofOregon's application for authorization ofthe Hazardous Waste Management Program which is administered by the Oregon Department ofEnvironmental Quality (ODEQ), Land Quality Division', formerly the Waste Prevention and ManagementDivision. This change was made to combine resources and improve efficiency in the Program. The Oregon State Department ofTransportation (ODOT), Motor Carrier Transportation Division 2, is responsible for protecting Oregon's highways and roads. ODOT issues operating authority to motor carriers, collects .highway use taxes, registers heavy vehicles, and enforces motor carrier safety regulations and laws, including Hazardous Waste (HW) manifesting transportation laws. Currently, HW transporters are not required to obtain a RCRA Part B permit to transport HWs. Likewise, ODEQ does not enforce ODOT transporter regulations, such as safety regulations. If however, a transporter were also a generator, HW notification would be required. Ifa transporter managed HW such that a Part B permit would be required, then the ODEQ would be the enforcement authority over RCRA permit issues.

I Reorganization became effective on October I, 2001. 2 Effective January 1996, the Legislature moved the Motor CarrierTransportation Division from the Public Utility Commission to the ODOT.



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• I. IDENTIFICATION AND LISTING A. State statutes and regulations contain lists ofhazardous wastes, which encompass all wastes controlled under the following Federal regulations as indicated in the designated Revision Checklists: (27) Listing ofthree chemicals from wood surface protection processes, 40 CFR 261 AppendixVIII, as amendedJanuary 4, 1994 [59 FR 458], Revision Checklist 128. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks of the Attorney General The Stateincorporatedby reference with no exceptions, modifications, or changes. (28) Listing ofBeryllium (P015) is amended to read "Beryllium powder," 40 CFR 261.33, Appendix VIII, as amended June 20, 1994 [59 FR 31551], Revision Checklist 134. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-101-0033, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. (29) Listing of five wastes generated during the production of carbamate chemicals (except to the extent that K156, K157 and K158 include IPBC), plus the listing of 34 commercial chemical products, 40 CFR 261.32, 261.33(e), 261.33(f), Part 261, Appendix VII and Part 261, Appendix VIII, as amended February 9, 1995 [60 FR 7824], April 17, 1995 [60 FR 19165], and May 12, 1995 [60 FR 25619] and affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96, Revision Checklist 140. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-101-0033, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.



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• (30) Listing offour wastes (K169-KI72) generated during petroleum refining process, 40 CFR 261.32, Part 261 AppendixVII as amended August 6, 1998 [63 FR 42110], Revision Checklist 169.

. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes. (31) Removal offive vacated K-code wastes (K064, K065, K066, ](090, and K091) from table at 40 CFR 261.32 as indicated in Revision CL 183. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes. (32) Removal oftwo vacated wastes (K140 and U408) from tables at 40 CFR 261.32, 261.33(f),and Part 261 Appendices VII and VIII as indicated in Revision Checklist 185. Federal Authority: RCRA §3001(b). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes.
DB. State statutes and regulations replace the current Second Edition (including Updates I and II) ofthe "TestMethods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, by incorporating by reference the Third Edition (and its first update) of this test methods manual. Throughout the State's code, references to test methods directly refer to the methods as they are found in SW-846, as indicated in Revision Checklist 126. Federal Authority: RCRA §§1006; 2002, 3001, 3002, 3004, 3005, 3006, 3010, and 3014; 40 CFR 260.11(a); 260.22(d)(I)(i); 261.22(a)(1)&(2); 261.24(a); 261 Appendices II, III, and X; 264. 190(a); 264.314(c); 265. 190(a); 265.314(d); 268.7(a); 268.40(a); 268.41(a); 268 Appendices I & IX; 270.6(a); 270. 19(c)(1)(iii)&(iv); 270.62(b)(2)(i)(C)&(D); and 270.66(c)(2)(i)&(ii) as



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• amended August 31, 1993 (58 FR 46040) and September 19, 1994 (59 FR 47980). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6120/91) OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7121/00 Remarks ofthe Attorney General The State incorporatedbyreference and seeks authorization as follows: 260.11(a), revised and amended as shown in CL 128, 132, 139, 141, 154.1, 158, and 180 (see AGS I.LL and AGS I.UU); This rule was revised May 14, 1999 (64 FR 26,327) (CL 180). ODEQ is seeking authorization for the rule in CL 180; see AGS Section I.UU. 268.7(a), revised 5/12/97 (62 FR 25998) as shown in 157 (see AGS XXI.W), and amended andrevised as shown in CL 167, 179 and 183 (see AGS XXI.FF); 268.40(a), revised as shown in CL 137 (Oregon was authorized for those rules 8/5/94) and in CL 151.3 (see AGS XXI.T); 268.41(a), revised as shown in CL 137 (Oregon was authorized for those rules 8/5/94); 268 Appendix I, removed as shown 5/12/97 (62 FR 26025) in CL 157. DD. State statutes and regulations increase the quantity and time limits for contaminated media used in treatability studies, as indicatedin Revision Checklist 129. Federal Authority: RCRA §3001; 40 CFR 261.4(e)(2)(i)&(ii), (e)(3), (f)(3), (f)(4), and (f)(5) as amended February 18,1994 (59 FR 8362). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedbyreference with no exceptions, modifications, or changes.
EE. State statutes and regulations exempt, from the definition of hazardous waste, recovered oil meeting the 40 CFR 261.4(a)(12) criteria as indicated in Revision Checklist 135. Federal Authority: RCRA §§ 2002 and 3001; 40 CFR 261.3(c)(2)(ii)(B), 261.4(a)(12), 261.6(a)(3)(iv) through (vii), and 266.100(b)(3), as amended July 28, 1994 (59 FR 38536). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7121/00 Remarks ofthe Attorney General The State incorporatedbyreference and seeks authorization as follows: 1) 261.3(c)(2)(ii)(B). This regulation was revised August 6, 1998, (63 FR 42,184) (CL 169). ODEQ is currently seeking authorization for the Federal rules in CL 169; see AGS, Section II.G.



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• 2) 261.4(A)(12). This regulation was revised as shown in CL 150 and most recently August 6, 1998 (63FR 42,184)(CL 169). ODEQ is currently seeking authorization for the Federal rules listed in CL 169; see AGS, Section II.G. 3) 3) 266.l00(b)(3) This regulation was revised August 6, 1998 (63 FR 42,186) (CL 169). ODEQ is currently seeking authorization for the Federal rules in CL 169; see AGS, Section II.G.
FF. State statutes and regulations which exclude from being hazardous certain wastewaters from the production ofcarbamates and carbamoyl oximes ofK 157 provided the conditions in 261.3(a)(2)(iv)(F) are met as indicatedin**~evision** Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(I); 40 CFR 26 1.3(a)(2)(iv)(E)&(F), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate TaskForce v. EPA, CA DC 95-1249, 11/1/96. Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes. GG. State statutes and regulations which exclude from being hazardous certain wastewaters derived from the treatment ofone or more wastes listed in 261.32, organic waste from the production ofcarbamates and carbamoyl oximes ofK156, provided the conditions in 261.3(a)(2)(iv)(G) are met as indicatedin Revision Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(I); 40 CFR 261.3(a)(2)(iv)(G), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate TaskForce v. EPA, CA DC 95-1249, 11/1/96. Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedbyreference with no exceptions, modifications, or changes. HR. State statutes and regulations which exclude from being hazardous biological treatment sludge from the treatment oforganic wastes from the production ofcarbamates and carbamoyl oximes ofK156 and wastewaters from the production ofcarbamates and carbamoyl oximes ofK157 as indicatedin Revision Checklist 140. Federal Authority: RCRA §§2002(a), 3001(b) and (e)(1); 40 CFR 261.3(c)(2)(ii)(D), as amended February 9, 1995 (60 FR 7824) and as affected by Dithiocarbamate Task Force v. EPA, CA DC 95-1249, 11/1/96. Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00



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• Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes.
JJ. State statutes and regulations require that when wastes generated by conditionally exempt small quantity generators are sent to a State permitted, licensed or registered facility, that facility must be subject to 40 CFR Part 258 or §§ 257.5 through 257.30 as specified in Revision Checklist 153. Federal Authority: RCRA §3001(d)(4); 40 CFR 261 5(£)(3) & (g)(3) as amended July 1, 1996 (61 FR 34252). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted July 14,2000, effective July 21, 2000 Remarks ofthe Attorney General The State incorporatedbyreference with no exceptions, modifications, or changes.
KK. State statutes and regulations include revisions ofthe exclusion ofscrap metal and circuit boards from RCRA regulation as indicated in Checklist 157. Federal Authority: RCRA §§3001; 40 CFR 261.1(c)(9)-(12), 261.2(c) table 1, 261.4(a)(13), 261.4(a)(14), 261.6(a)(3)(ii) as amended May 12, 1997 (62 FR 25998) . Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted July 14,2000, effective July 21, 2000 OAR 340-101-0004, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. 261.2(c)!fable 1 was revised May 26, 1998 (63 FR 28636) (CL 167D) and subsequently on 8/23/00, the Federal rule in CL 167D was withdrawn. Because ofthe Vacatur, EPA cannot authorize 261.2(c)(4)/Table 1; thus the State is broader in scope, because they retained the changes that eliminate the categorical exclusion for characteristic sludges andby-products. The State is not seeking authorization for 261.2(c)(4)!fable 1. LL. State statutes andregulations include required testmethods in EPA Publication SW846 and Third Edition ofthe EPA Approved Test Methods Manual "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" through Update ill and include amendments as indicated inRevision Checklist 158. Federal Authority: RCRA §§ 1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004; 40 CFR Parts 260.11, 264.1034( d)(1)(iii), 264.1034(f), 264.1063(d)(2), Part 264 Appendix IX, 265.1034(d)(1)(iii), 265.1034(f), 265.1063(d)(2), 266.104(e)(I), 266.106(g)(I)&(2), 266.107(f), and 266 Appendix IX, as amended June 13, 1997 (62 FR 32452). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00

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• Remarks ofthe Attorney General The State incorporatedby reference with the following exception: 260.11(a)I1. This rule was revised May 14, 1999 (64 FR 26,327) (CL 180). ODEQ is seeking authorization for the rule in CL 180, see AGS Section 1.00.
MM. State statutes and regulations include revisions designed to conform with the Federal appeals court ruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain EPA regulations listing certain carbamate wastes as hazardous as indicated 

### ill Revision Checklist 159. Federal Authority: RCRA 3001 and 3004; 40 CFR 261.32, 261.33(f), 261 Appendix VII, 261 Appendix VIII, as amended June 17, 1997 (62 FR 32974). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with no exceptions, modifications, or changes. NN. State statutes and regulations include an exemption from regulation under RCRA for condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e), as indicated in Revision Checklist 164. This exclusion is limited to combustion at mills generating the condensate. Federal Authority: RCRA §3001; 40 CFR 261.4(a)(l5), as amended April 15, 1998 (63 FR 18504). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-101-0004, f. & cert. ef. 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. 00. State statutes and regulations provide for secondary materials from mineral processing to be co-processed with normal raw materials in beneficiation operations which generate Bevill exempt wastes, without changing the exempt status ofthe resulting Bevill waste, provided certain conditions are met as indicated in Revision Checklists 167 Eandl79. Federal Authority: RCRA §3001; 40 CFR 261.4(b)(7) as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 OAR 340-101-0004, f. & cert. ef. 7/21/2000



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• Remarks ofthe Attorney General The State incorporatedby reference with the following exception: The provisions of261.4(b)(7) are adopted except that 261.4(b)(7)(ii) is deleted. The analog to 40 CFR 261.4(b)(7)(ii), OAR 340-101-0004(1), is broader in scope than the Federal program because it removes the exclusions from solid waste from the processing ofores in the list in 261.4(b)(7)(ii).
PP. State statutes and regulations contain clarifying amendments to requirements regarding exclusion ofmixtures under 261.4(b)(7) involving Bevill waste, as indicated ill Revision Checklist 167 E. Federal Authority: RCRA §3001; 40 CFR 261.3(a)(2)(i)&(iii) as amended May 26, 1998 (63 FR 28556). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7114/2000, effective 7/21/2000 OAR 340-101-0004, f. & cert. ef. 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. However, with regards to 40 CFR 261.4(b)(7), the analog to that rule, OAR 340-101-0004(1), is broader in scope than the Federal program because it removes the exclusions from solid waste from the processing ofores in the list in 261.4(b)(7)(ii) .
QQ. State statutes and regulations include reVISIOns that expand the headworks exemption to include waste generated during petroleumrefining process (K169-KI72), as indicated in Revision Checklist 169. Federal Authority: RCRA §§ 2002(a) and 3001, 40 CFR 261.3(a)(2)(iv)(C), as amended August 6,1998 (63 FR42110). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001,. f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. RR. State statutes and regulations include an exemption for catalyst support media as indicated in Revision Checklist 169. Federal Authority: RCRA §§ 2002(a) and 3001, 40 CFR 261.3(c)(2)(ii)(E), as amended August 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00



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• Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. SS. State statutes and regulations exclude dredged material from regulation as a hazardous waste provided the material is subject to the requirements ofa permit issued under §404 ofthe Federal Water Pollution Control Act or §103 ofthe Marine Protection, Research, and Sanctuaries Act as indicatedin Revision Checklist 175. Federal Authority: RCRA §§ 1006(b), 2002(a) and 3001; 40 CFR 261.4(g), as amendedNovember 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0004, f. & cert. ef. 7121100 Remarks ofthe Attorney General OAR 340-101-0004, Oregon's analog to 261.4(g), deletes the provisions ofthe Federal rule. The State is, therefore more stringent than the Federal program because dredged materials could contain hazardous waste; thus, hazardous waste rules could apply. Note that by not adopting this exclusion, the State defaults to the previous Federal model. which would require that a hazardous' waste determination be made on solid waste. This means that even though sediment is not solid waste, ifit contains solid waste then an evaluation should be done to determine ifthe solid waste that the sediment contains is hazardous. Currently, the Federal regulation, 40 CFR 261.4(g), excludes dredged material from the definition ofhazardous waste ifthe material is subject to the requirements ofa permit that has been issued under 404 of the Federal Water Pollution Control Act, or section 103 ofthe Marine Protection, Research and Sancturaries Act of 1972. TT. State statutes and regulations exempt, from regulation as a hazardous waste, landfill leachate and gas condensate derived from previously disposed petroleum refinery wastes (K169-Kl72), as indicated inRevision Checklist 178. Federal Authority: RCRA §§ 2002(a) and 3001(a), (b), and (e)(2), 3004(g) and (m), 40 CFR 261.4(b)(15), as amended February 11, 1999 (64 FR 6806). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21100 OAR 340-101-0004, f. & cert. ef. 7/2112000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. DU. State statutes and regulations (1) incorporate the third edition and updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), the Third edition (November 1986), as amended through Update IlIA (April 1998); and (2) include Method 1664, Revision A, N-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated N-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry, as indicated in Revision Checklist 180.



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• Federal Authority: RCRA §§1006, 2002(a), 3001-3007, 3010, 3013-3018, and 7004; 40 CFR 260. 11(a)(l1) and 260.l1(a)(l6), as amended May 14, 1999 (64 FR 26315). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.


## n. DEFINITION OF SOLID WASTE
D. State statutes and regulations provide for a conditional exclusion from the definition of solid wastes for mineral processing secondary materials as indicated in Revision Checklists 167 D and 179. Federal Authority: RCRA §3001; 40 CFR 261.2(c)(3), 261.2(c)(4) Table 1, 261.2(e)(l)(iii), 261.4(a)(l6), and 261.4(a)(l7) as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). An April 21, 2000, court decision set aside the parenthetical "except as provided under 40 CFR 261.4(a)(l7))" to the second sentence in 40 CFR 261.2(c)(3). Remarks ofthe Attorney General: The State incorporated by reference. with no exceptions, modifications, or changes. Because ofthe court decision, EPA cannot authorize the 261.2(c)(3), 261.2(c)(4) Table 1, and 261.4(a)(l7); thus the State is broader in scope because the effect is to include materials that are not considered solid waste by EPA. 

### E. State statutes and regulations provide for an exclusion from the definition of solid waste for certain materials generated and recycled by the wood preserving industry as indicated in Revision Checklist 167 F. Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9)(iii) as amended May 26, 1998 (63 FR 28556). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-10 1-0004, f. & cert. ef. 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. F. State statutes and regulations exclude from the definition ofsolid waste fuels which are produced from a hazardous waste, but which are comparable to some currently used fossil fuels, as indicated in Revision Checklist 168. Federal Authority: RCRA §§1004, 1006, and 3001; 40 CFR 261.4(a)(l6)i and 261.38, as amended June 19, 1998 (63 FR 33782).

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• Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporatedby reference. The ODEQ Air Quality Program adopted by reference with no exceptions, modifications, or changes at OAR 340-224-0220, the 40 

### CPR 63 

### PlO(b) which was vacated on 7/24/01. This requirement is broader in scope to the extent, ifat all, it is part ofor cross referenced in the State's hazardous waste regulations. The authority is ORS 468.020 and 468a.025. G. State statutes andregulations include revisions to the exclusion for certain oil-bearing hazardous secondary materials, as well as new exclusions for petrochemical recovered oil, and spent caustic solutions from petroleum refining processes, and the related revisions to the references to these exclusions as indicated in Revision Checklist 169. Federal Authority: RCRA § 3001; 40 CFR 261.3(c)(2)(ii)(B), 261.4(a)(12), 261.4(a)(18) & (19), 261.6(a)(3)(iv)(C), 261.6(a)(3)(v), 261.31 (a), and 266.100(b)(3), as amendedAugust 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96

. OAR 340-102-0010, f. & cert

..ef. 7/31/96 OAR 340-101-0004, f. & cert. ef. 7/21/2000 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
III. MANAGEMENT OFDIOXIN WASTES
IV. ACCUMULATION B. State statutes and regulations allow generators who generate 1,000 kilograms or more ofhazardous waste per calendar month who also generate wastewater treatment sludges from electroplating operations that meet the F006 listing description, to accumulate F006 waste on-site for up to 180 days (or 270 days in certain circumstances) without a permit or interim status as indicated in Revision Checklist 184. Federal Authority: RCRA §§2002 and 3002; 40 CFR 262.34(g) - (i), as amended March 8, 2000 (65 FR 12378). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-102-0010, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00

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• Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.


## v. APPLICABILITY OF INTERIM STATUS STANDARDS VI. PAINTFILTERTEST VII. NATIONAL UNIFORMMANIFEST SYSTEM AND 

### RECORDKEEPING F. State statutes and regulations incorporate updates to the recordkeeping instructions so that the codes used by hazardous waste treatment, storage and disposal facilities to maintain records on-site match the codes used by these facilities on the Part A Permit Application Form as indicated on Revision Checklist 131. The new handling codes for Miscellaneous Units and Boilers and Industrial Furnaces, addressedby Checklist 131, are also incorporatedinto the statutes and regulations. Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 264 Appendix I, 265 Appendix I as amended March 24, 1994 (59 FR 13891). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. G. State statutes and regulations provide that generators and transporters ofhazardous waste are exempt from the RCRA manifest system requirements for the transportation of hazardous waste on public or private right-of-ways on or along the border ofcontiguous properties, under the control ofthe same person, regardless ofwhether the contiguous properties are divided by right-of-ways, as indicated inRevision Checklist 156. Federal Authority: RCRA § 3003 and 3004(y); 40 CFR 262.20(f) as amended on February 12, 1997 (62 FR 6622). Citation ofLaws andRegulations; Date ofEnactment and Adoption OAR 340-102-0010, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. 

### VIII. BIENNIALREPORT IX. WASTE MINIMIZATION 

# x. LIQUIDS IN LANDFILLS



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• C. State statutes and regulations provide that OECD 301B (Modified Sturm Test) may also be used to demonstrate that a sorbent is non-biodegradable as indicated in Revision Checklist 145. Federal Authority: RCRA§3004(c), 42 U.S.c. 6924(c); 40 CFR 264.314(e)(2)(ii)&(iii), and 265.314(e)(2)(ii)&(iii) as amended July 11,1995 (60 FR 35703). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001(2), f. & cert. ef. 3/15/91 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
XI. GROUND-WATERMONITORING
XII. BURNINGAND BLENDING OFHAZARDOUS WASTES
XIII. CORRECTIVE ACTION H. State statutes and regulations contain provisions exempting cleanup only remediation waste management sites from 40 CFR 264.101 facility-wide corrective action as indicated in Revision Checklist 175. Federal Authority: §§2002(a) and 3004; 40 CFR 264.l(j) intro, 264.l01(d), and 270.230(e)(l) as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 OAR 340-105-0003, f. & cert. ef., 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exception. OAR 340-105-0003 deletes the Remedial Action Plan provisions of40 CFR 270, but makes an exception for 270.230(e)(l) which is incorporated by reference. Upon review of the inclusion of 270.230(e)(l), the State has determined this regulation needs to be removed for clarification. This will be done in the next rule making. The State is not seeking authorization for 270.230(e)(l).
XIV. HAZARDOUS WASTE EXPORTS
XV. STANDARDS FORFACILITIES F. State statutes and regulations require compliance with closure/post-closure and financial responsibility requirements applicable to owners and operators of hazardous waste treatment, storage and disposal facilities, as indicated in Revision Checklists 24.1 March 10, 1988 (53 FR 7,740), a correction was made in the preamble for [SWHFRL2891-9] [FR Doc.86-6368], Standards Applicable to Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities; ClosurelPost-Closure and



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• Financial Responsibility Requirements published in the FR issue of May 2, 1986 (5IFRI6522). In Revision Checklist 24A, the FR issue of June 26, 1990 (55 FR 25,976), recharacterizes as more stringent the amendments to 265.113 and 265.113, which were classified as less stringent in the May, 1986, preamble. In addition, it explains that the States must adopt certain provisions prior to or simultaneous with receiving authorization for therecentlypromulgated "DelayofClosure" rule. Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as amended May 2.1986 (51FRI6522), March 10, 1988 (53 FR 7,740) and June 26, 1990 (55 FR 25,976). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-104-0143(2), f. & cert. ef. 7/29/93. State amendment to 265.143(a) to 265.143(h). OAR 340-104-0145(2), f. & cert. ef. 7/29/93. State amendment to 265.145(a) to 265.143(h). OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications or changes, except that the State amended its regulations to include a cash bond. The State is seeking authorization for two amendments

. OAR 340-104-0143(2), authorized 5/29/90, was amended 7/93 to include in the list of financial mechanisms in 264,I43(a) through(h), cash bonds, backed by collateral, as an additional mechanism to meet financial assurance obligations. ORS 466.150(6) makes a cash bond option a legal mechanism for RCRA financial assurance in Oregon. Thus, this allows the use ofsuch amechanism as a requirement of Oregon Law. The cash bond is an equivalent mechanism as defined in 40 CFR 264.149 because the statute requires that a cash bond be in an amount sufficient to cover any costofclosing the site including corrective action and post closure requirements. The 'cash bond must be in the name ofthe State, which assures its availability.
The amount ofthe cash bond is the amount required for closure/post-closure care ofthe site as determined by ODEQ or a qualified third party. The certainty ofthe cash bondis providedby its (1) being funded in a timely mannerby the permittee and (2) the holding ofthe cash by a qualified third party. Two possible structures of cash bond are contemplated. In the first, the permittee purchases a time certificate of deposit (CD) for the required amount, assigns it to ODEQ and deposits it with a qualified third party. The assignment specifies the conditions under which ODEQ will access the CD and how it will revert to the permittee when no longer needed for financial assurance. In the second, the permittee deposits the required amount into an escrow account held by a qualified third party. The escrow instructions specify the conditions under which ODEQ can draw upon the escrow and under which unused escrow proceeds may revert to the permittee

.

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• OAR 340-.104-0145(2), authorized 5/29/90, was amended 11/93 to include 264.145(a) through (h), cash bonds, backed by collateral, as an additional mechanism to meet financial assurance obligations. ORS 466.150(6) makes a cash bond option a legal mechanism for RCRA financial assurance in Oregon. Thus, this allows the use ofsuch a mechanism as a requirement ofOregon Law. The cash bond is an equivalent mechanism as defined in 40 CFR 264.149 because the statute requires that a cash bond be in an amount sufficient to cover any cost of closing the site including corrective action and post closure requirements. The cash bond must be in the name ofthe State, wbich assure its availability. The amount ofthe cash bond is the amountrequired for closure/postclosure care ofthe site as determined by ODEQ or a qualified third party. The certainty ofthe cash bond is providedby its (1) being funded in a timely manner by the permittee and (2) the holding ofthe cash by a qualified third party. Two possible structures of cash bond are contemplated. In the first, the permittee purchases a time certificate ofdeposit (CD) for the required amount, assigns it to ODEQ and deposits it with a qualified third party. The assignment specifies the conditions under which ODEQ will access the CD and how it will revert to the permittee when no longer needed for financial assurance. In the second, the permittee deposits the required amount into an escrow account held by a qualified third party. The escrow instructions specify the conditions under which ODEQ can draw upon the escrow and under which unused escrow proceeds may revert to the permittee.

U. State statutes and regulations indicate that the "Uniform Customs and Practice for Documentary Credits" is a copyrighted document of the International Chamber of . Commerce as indicated in Revision Checklist 133. Federal Authority: RCRA 2002(a), 3004, 3005, and 3006; 40 CFR 264.151(d) & (k) as amended June 10, 1994 (59 FR 29958). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-104-0151, f. & cert. ef. 7/25/85 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference as modified at OAR 340-104-0151. V. State statutes and regulations remove from the 266.20(b) exemption anti-skid/deicing uses of slags from High Temperature Metals Recovery (HTMR) processing ofhazardous wastes K061, K062, and F006 as indicatedin Revision Checklist 136. Federal Authority: RCRA §3004; 40 CFR Parts 266.20(c) and 268.41(a) as amended August24,**199~** (59 FR43496). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00



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• Remarks ofthe Attorney General Of the two rules included in this section, the State incorporated 266.20(c) by reference with no exceptions, modifications, or changes. The other rule, 268.41(a), was revised September 19, 1994 (59 FR 48,103)(CL 137). The State is already authorized for the analogs to the Federal regulations which are listed in CL 137 which has the revision for 268.41(a)!Table. That revision removed the Table and incorporated it into 268.40. 268.40 has been further revised and amended as shown in CL ]37 1, 151, ] 51 ] -] 5] 6, 157, 159, 161, 167A, and 169. The Federal Register ofMay 26, 1998 (63 FR 28,642) revises and prints the entire 268.40 Table ofTreatment Standards. ODEQ is seeking authorization for the rule as shown in CL 167A, see AGS Section XXI.EE, and CL 169, see AGS SectionXXI.HH.


## w. State statutes and regulations provide for organic air emission standards for tanks, surface impoundments and containers and provide that air emission control requirements be added to the permit terms and provisions specified for miscellaneous units as specified in Revision Checklists 154, 163 and 177. Federal Authority: RCRA § 3004(n); 40 CFR 60 Appendix A, 260, 261, 262, 264, 265, and 270 as amended December 6, 1994 (59 FR 62896)(CL 154.1); May 19, 1995 (60 FR 26828)(CL 154.2); September 29, 1995 (60 FR 50426)(CL 154.3); November 13, 1995 (60 FR 56952)(CL 154.4); February 9, 1996 (61 FR 4903)(CL 154.5); June 5, 1996 (61 FR 28508)(CL 154.6); November 25, 1996 (61 FR 59932) (CL 154); December 8, ]997 (62 FR 64636)(CL ]63); and January 21, 1999 (64 FR 3382)(CL ]77). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-102-0034, f. & cert. ef. 3/22/94 OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-]00-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General: The State incorporatedby reference with the following exceptions: 1) 260.11(a) This regulation has beenrevised and amended further in CL 158 and 180. ODEQ is seeking authorization for the most recent version ofthe Federal rule in the CL 180, see AGS, Section 1.00. 2) 264.601 This regulation was revised September 30, 1999 (64 FR 53,074) (CL 182); see AGS, Section XV.GG.
X. State statutes and regulations identify when conventional and chemical military munitions become a hazardous waste under RCRA and provide for the safe storage and transport of such waste. They also clarify that emergency responses involving both military and non-military munitions and explosives are considered an immediate response toa discharge or imminent and substantial threat ofa discharge ofa hazardous waste as indicated in Revision Checklist 156.

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• Federal Authority: RCRA § 2002, 3001-3007, 3010, and 7003; 40 CFR 260.10; 261.2(a)(2)(iii)-(iv); 262.IO(i); 263.10(e)&(f); 264.1(g)(8)(i)(D), (g)(8)(iv), and (i); 264.70; 264.1200 through 264.1202; 265.1(c)(11)(i)(D), (c)(11)(iv), and (f); 265.70; 265.1200 through 265.1202; 266.200(a)-(b); 266.201,266.202,266.204, 266.206, 270.1(c)(3)(i)(D), and 270. 1(c)(3)(iii) as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-103-0010, f & cert ef 7-25-85 OAR 340-104-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-100-0010, f. & cert. ef. 7/31/96 OAR 340-101-0001, f. & cert. ef. 7/31/96 OAR 340-102-0010, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-101-0030, f. & cert. ef., 3/27/01 OAR 340-104-1201, f. & cert. ef. 3/27/01 Remarks ofthe Attorney General The State incorporatedby reference with following modifications: 1) In Oregon's analog to 260.10, OAR 340-100-0010, the State added definitions for "demilitarization" and "demilitarization residue." Oregon definitions are more stringent than EPA's, because EPA does not have any definitions in the Federal program for these two items . 2) In Oregon's analog to 261.31, OAR 340-102-0011(2)(c)(B), the State added two wastes to the list oflisted hazardous wastes from non-specific sources: F998, residues from demilitarization, treatment, and testing ofblister agents; and F999, residues from demilitarization, treatment, and testing ofnerve agents. These listings are more stringent than EPA's program, because EPA does not identify these waste streams as listed hazardous wastes. 3) In Oregon's analog to 261.33, OAR 340-102-0011(2)(c)(A), the State added two wastes to the list of discarded commercial chemical products, offspecification species, containerresidues, and spill residues: P998, Blister agents, and P999, Nerve agents. These listings are more stringent than EPA's program, because EPA does not identify these waste streams as listed hazardous wastes. 4) Oregon's analog to 264.1201, OAR 340-102-1201, added the following provisions to the design and operating standards for hazardous waste munitions and explosives storage: a) a storage unit operations and management plan; Oregon is more stringent than EPA's program, because EPA's program in 264.1201 does not require an operations and management plan for storage ofchemical munitions

.



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• b) storage units for storage ofnerve agent must be equipped with vapor containment mechanisms; 7-13-01. EPA's program does not require vapor containmentmechanisms in 264.1201. c) the State deleted 264.1201 (b)(3) for purposes ofstorage ofchemical agent munitions and chemical agent bulk items in OAR 340-104- 1201(b)(2); and Oregon is more stringent because 264.1201 allows facilities to store munitions in an open area, whereas Oregon does not allow the facility to do that. d) in Oregon's analog to 264.1201(f), OAR 340-102-1201(b)(3), the State defined "no migration," for purposes ofstorage ofchemical agent munitions and chemical agent bulk items, ofchemical agent to mean no detectable concentration of chemical agent outside the containment mechanisms ofthe storage unit, as measured by sampling and analytical methods specified in the approved management plan. Oregon is more stringent than EPA, because at 264.1201 EPA defers the "no migration" criteria to the US Army management procedures; which allows some detectablemigration, whereas OR has defined "no migration" to mean no detectable concentration. 5) Oregon adopted the following rules, regarding military munitions, which have no Federal analog, a) OAR 340-101-0030, Chemical Agent Munitions and Chemical Agent BulkItems. Notwithstanding any otherwise applicable provisions of40 CFR 260 to 270, or other provisions of these rules, chemical agent munitions and chemical agent bulk items in storage as ofthe effective date ofthis rule are residues, and listed hazardous wastes assigned the appropriate waste codes in OAR 340-102-0011(2)(c)(A)(i) and (ii). In 40 CFR 266 Subpart M, EPA has defined when a munition is a solid waste, giving the authority to the Army to determine when munitions are a solid waste. OAR rules are more stringent in that chemical munitions are simply defined as listed hazardous wastes. b) OAR 340-108-0002, Definitions. As used in this division unless otherwise specified: (9) "Hazardous Material" means: ... and (c) Chemical agents (such as nerve agents GB and VX; blister agent HD, etc.). Oregon believes that 340-108- 0002(9) is more stringent, because it does not appear that the Federalprogram defines "chemicalagents"as "hazardous materials. " c) OAR 340-108-0010, Reportable Quantities. (1) Reportable quantity means: ...(e) Any quantity ofchemical agent (such as nerve agents GB or VX; blister agent HD, etc.); Oregon believes that 340-108- 0010, Reportable Quantities, is more stringent because the definition includes



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• nerve agents and it does not appear that the Federal program defines a "reportable quantity" for "chemical agents. sr Y. State statutes and regulations provide for a manifest exemption for off-site shipment of unused waste munitions from one military installation to another as indicated in Revision Checklist 156. Federal Authority: RCRA § 3001, 3003, 3004(y); 40 CFR 266.203 as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. Z. State statutes and regulations provide for conditional exemption for waste munitions. Storage as indicated inRevision Checklist 156. Federal Authority: RCRA § 3001 and 3004(y); 40 CFR 266.205 as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. AA: State statutes and regulations remove requirements to issue post-closure permits at each facility and allow post-closure care requirements to be imposed at interim status facilities using either permits or approved alternate authorities as indicated in Revision Checklist 174. Federal Authority: RCRA §§ 2002(a), 3005 and 3006; 40 CFR 264.90(e), 265.110(c), 265.118(c)(4), 265.121 and 270.I(c) as amended October 22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002(1) Remarks ofthe Attorney General ODEQ did not adopt these optional Federal rules and is not seeking authorization for them.
BB. State statutes and regulations give discretion to the State Director to impose requirements developed for corrective action in lieu ofSubparts F, G, and H at certain regulated facilities, either permitted or interim status, that appear to have released to the



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• environment, ifnearby SWMUs also appear to have contributed to the same release as indicated in Revision Checklist 174. Federal Authority: RCRA §§ 2002(a), 3004, 3005 and 3006; 40 CFR 264.90(f), 264.11O(c), 264.112(b)&(c), 264.118(b)&(d), 264.140(d), 265.90(f), 265.11O(d), 265.1l2(b)&(c), 265.118(c)(5)&(d)(1)(iii), and 265.140(d) as amended October 22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002(1) Remarks ofthe Attorney General ODEQ did not adopt these optional Federal rules and is not seeking authorization for them. CC. State statutes and regulations provide reduced 40 CFR Part 264, Subparts B, C, and D requirements for remediation waste management sites as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3004, and 3007; 40 CFR 260.10, 264.1(j), and 264.73(b)(17) as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-100-0010, f. & cert. ef., 7/21/0.1 Remarks ofthe Attorney General The State incorporated byreference with no exceptions, modifications, or changes. 

### DD. State statutes and regulations contain design criteria as well as management and operating standards for the use ofstaging piles in storing remediation wastes as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3004, 3005, and 7004; .40 CFR 260.10, 264.554, 265.1(b), 268.2(c), and 268.50(g), as amended November 30, 1998 (63 FR 65874). Citation ofLaws and Regulations; Pate ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. 

### EE. State statutes and regulations expand the use of Corrective Action Management Units (CAMUs) and Temporary Units to include implementing remedies at permitted facilities which are not subject to 40 CFR 264.101 as indicated in Revision Checklist 175. Federal Authority: RCRA .§§ 2002(a), 3004, and 3005; 40 CFR 260.10, 264.552(a) and 264.553(a), as amendedNovember 30, 1998 (63 FR 65874).



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• Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. FF. State statutes and regulations include an exemption for hazardous waste burning incinerators from the RCRA national stack emission standards when owners or operators demonstrate compliance with the MACTrequirements of40 CFR part 63 subpart EEE by conducting a comprehensive performance test and submitting a Notification of Compliance as indicated in Revision Checklist 182. However, after this demonstration, RCRA permit conditions will remain in effect until the permit is modified, terminated, or revoked, unless the permit expresslyprovides otherwise. Federal Authority: RCRA §§ 1006(b), 3004(a), and 3005(c)(3); 40 CFR 264.340(b)-(e), 265.340(b)-(c), 270.19 intro, 270.19(e), and 270.62 intro, as amended September 30, 1999 (64 FR 52828). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-104-0340, f. & cert. ef. 7/25/85 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedbyreference with the following exception: Note for clarification: OAR 340-104-0340 deletes 264.340(d); OAR ·340-104- 0340 was effective 7/25/85 and was authorized in the base program as equivalent. This Federal rulemaking redesignated 264.340(d) to 264.340(e). The next State rulemaking will reflect this redesignation. The State did incorporate 264.340(e) by reference and is seeking authorization. GG. State statutes and regulations require that permits for miscellaneous units include appropriate terms and conditions from the part 63, subpart EEE standards as indicated in Revision Checklist 182. Federal Authority: RCRA §§ 1006(b), 3004(a), and 3005(c)(3); 40 CFR 264.601 intro, as amended September 30, 1999 (64 FR 52828). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. XVI. REQUIREMENTS FOR PERMITS
I. State statutes and regulations require:

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• (l) Surface impoundments in existence on November 8, 1984 [or subsequently becoming subject to RCRA pursuant to §3005(j)(6)(A) or (B)] to comply with the double liner, leachate collection, and groundwater monitoring requirements applicable to new units by November 8, 1988 [or the date specified in §3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste, unless the surface impoundmentqualifies for a special exemption under §3005(j). Federal Authority: RCRA §3005(j)(l)&(6)(A). Citation ofLaws aridRegulations; Date ofEnactment and Adoption OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The 3005(j)(6)(A), (B), loss ofinterim status rules were partially codified at 40 CFR 265.220. The state has a partial analog at the incorporation by reference of 265.221. Z. State statutes and regulations provide for opportunities for earlier public involvement in the permitting process and expand public access to information throughout the permitting process and the operational lives of facilities as indicated in Revision Checklist 148. Federal Authority: RCRA §§2002, 3004, 3005, and 7004(b), 40 CFR 124.31, 124.32, 124.33, 270.2, 270.l4(b)(22), 270.30(m), 270.61(b)(5), 270.62(b)(6), 270.62(d), 270.66(d)(3), and 270.66(g) as amended December 11, 1995 (60 FR 63417)

.. Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-106-0001, f. & cert. ef. 3/15/91 (and corrected 6/20/91) OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-105-0003, f. & cert. ed. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. AA. State statutes and regulations provide that a permittee may accept military munitions even when barred from accepting off-site wastes ifcertain conditions are met as indicated in Revision Checklist 156. Federal Authority: RCRA § 3004(y) and 7003; 40 CFR 270.42(h), (h)(I)-(3), and (i) as amended on February 12, 1997 (62 FR 6622). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-105-0041(4), f. & cert. ef. 7/23/97 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exception:



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• Oregon deleted 270.42(h) in OAR 340-105-0041(3) and replaced it with OAR 340-105-0041(4) which is more stringent than the Federal program because for one site, the Umatilla Chemical Depot, off-site shipments ofmilitary munitions, chemical agents or agent-contaminated materials are not accepted. Incineration is allowed only for materials inventoried (stockpiled) as ofFebruary 12, 1997.
BB. State statutes and regulations include requirements for hazardous waste combustion facility permit modifications to meet 40 CFR part 63 MACT standards, as indicated in Revision Checklist 168 and 182.· State statutes and regulations also address such changes during interim status. Federal Authority: RCRA §§ 1006, 3004, 3005, and 7004; 40 CFR 270.42(j), 270.42 Appendix I (L(9)), and 270.72(b)(8), as amended June 19, 1998 (63 FR 33782). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-105-0001, f. & cert. ef. 5/19/95 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks of the Attorney General The State incorporated by reference with the following possible exceptions: 1) 270.42(j) intro. The ODEQ Air Quality Program adopted by reference with no exceptions, modifications, or changes at OAR 340-244-0220. The authority is ORS 468.020 and 468a.025 . 2) 270.72(b)(8). The State deleted 270.72(b)(8) at OAR 340-105-0115.
CC. State statutes and regulations require that owners and operators seeking a postclosure permit have to submit only that information required by 40 CFR 270.28 as indicated in Revision Checklist 174. Federal Authority: RCRA §3006; 40 CFR 270.14 and 270.28 as amended October22, 1998 (63 FR 56710). Citation ofLaws and Regulations; Date ofEnactment and Adoption Remarks ofthe Attorney General ODEQ did not adopt these optional Federal rules and is not seeking authorization for them.
DD. State statutes andregulations provide for Remedial Action Plans (RAPs) as a special form ofRCRApermit fortreatment, storage or disposal ofhazardous remediation waste at remediationwaste management sites, as indicated in Revision Checklist 175. Federal Authority: RCRA §§ 2002(a), 3005, 3007, and 7004; 40 CFR 270.2, 270.11(d), 270.42, 270.68, 270.73(a), and 270.79-270.230, as amended November 30, 1998 (63FR 65874) . Citation ofLaws and Regulations; Date ofEnactment and Adoption



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• OAR 340-105-0115, f. & cert. ef. 7/25/85 OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-105-0003, f. & cert. ef. 7/21/00
Remarks ofthe Attorney General The State incorporatedby reference with the following exception: OAR 340-105-0003 deletes the federal rules at 270.2, 270. 11(d)(2), 270.68, 270.79-270.230 (except 270.230(e)(l)), which pertain to Remedial Action Plans (RAP) The State program is more stringent because RCRA permitrequirements applyto remedial action activities. Vpon review ofinclusion of270.230(e)(l), the State has determined this regulation needs to be removed. This will be done in the nextrule making. The State is not seeking authorization for 270.230(e)(l).
EE. State statutes and regulations include requirements for permit modifications to remove permit conditions that are no longer applicable as indicated in Revision Checklist 182.
Federal Authority: RCRA §§ 1006(b), 3004(a), and 3005(c)(3); 40 CFR 270.42 Appendix I (A(8)), as amended September 30, 1999 (64 FR 52828).
Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-105-0041, f. & cert. ef. 7/23/97 OAR 340-100-0002, f. & cert. ef. 7/21/00
Remarks ofthe Attorney General The State incorporatedby reference with a modification at OAR 340-105-0041. XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS XVIII. EXPOSURE ASSESSMENTS XIX. AVAILABILITY OFINFORMATION
A. State statutes and regulations provide that: (1) All records shall be available to the public unless they are exempt from the disclosure requirements ofthe Federal Freedom ofInformation Act (FOIA), 5 V.S.c. 552; (2) All nonexempt records will be available to the public upon request regardless of whether any justification or need for such records has been shown by the requestor; (3) The same types ofrecords would be available to the public from the State as would be available from EPA. [In making this certification, the Attorney General should be aware ofthe types ofdocuments EPA generallyreleases under the FOIA, subject to claims of business confidentiality: permit applications; biennial reports from facilities; closure plans; notification of a facility closure; contingency plan incident reports; delisting petitions; financial responsibility instruments; ground-water monitoring data (note that exemption 5 V.S.C.552(b)(9) ofthe FOIA applies to such wells as oil and gas, rather than to



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• ground-water wells); transporter spill reports; international shipment reports; manifest exception, discrepancy and unmanifested waste reports; facility EPA identification numbers; withdrawal requests; enforcement orders; and, inspection reports]; and, (4) Information is provided to the public in substantially the same manner as EPA as indicated in 40 CFR Part 2 and the Revision Checklist in Appendix N of the State Authorization Manual. Where the State agrees to implement selected provisions through the use ofa Memorandum ofAgreement (MOA) the Attorney General must certify that: "The State has the authority to enter into and carry out the MOA provisions and there are no State statutes (e.g., State Administrative Procedures Acts) which require notice and comment or promulgation of regulations for the MOAprocedures to be binding.] (5) The State statutes and regulations protect Confidential Business Information (CBI) to the same degree as indicated in 40 CFR 2 and the Revision Checklist in Appendix N ofthe State Authorization Manual. Note, that States do not have to protect CBI, to satisfy 3006(f). However, if a State does extend protection to CBI then it cannot restrict the release ofinformation that EPA would require to be disclosed.] Federal Authority: RCM §3006(f); 40 CFR §271.17(c). Citation ofLaws and Regulations; Date ofEnactment and Adoption ORS 190.110(1) [1963 c.189 s.2 - 1999 c.948 s.3] ORS 192.410 -192.505 [1973 c.794-1999 c.1059] ORS 466.086 [1987 c.540 s.54 (enacted in lieu of466.085)] ORS 466.090 [1987 c.540 s. 8] OAR 340-100-0005, f. & ef. 6/11/87 OAR 340-105-0012(1) & (2), f. & cert. ef. 3/22/94 OAR 340-100-0003, f. & cert. ef. 7/31/96 Remarks ofthe Attorney General The State revised its statutory authority in 1999 and seeks authorization for the update. The State is more stringent than the Federal program in OAR 340-100- 0003 because it requires additional justification for trade secret claims and establishes a time frame for clarifying claims.


### xx. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND FOR THE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES B. State statutes and regulations provide the authority to obtain criminal penalties in at least the amount of$10,000 per day for each violation, and imprisonment for at least six months against any person who knowingly transports, treats, stores, disposes, recycles, causes to be transported, or otherwise handles any used oil regulated by EPA under section 3014 ofRCRA that is not listed or identified as a hazardous waste under the State'shazardous waste program in violation ofstandards or regulations for management ofsuch used oil; or who makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for the purposes of program compliance with any standards or regulations for used oil



### 25

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• regulated by EPA under section 3014 of RCRA that IS not listed or identified as hazardous waste . Federal Authority: RCRA §§3006(h), 3008(d) and 3014; 40 CFR 271. 16(a)(3)(ii) as amended May 3, 1993 (58 FR 26424) and March 4, 1994 (59 FR 10559). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-012-0042, f. 6/18/01, cert. ef. 7/1/01 ORS 466.990 ORS 468 Remarks ofthe Attorney General The State has the authority to enforce a $10,000 penalty per day per violation. Oregon law is consistentwith 40 CFR 271. 16(a)(3). ORS 466.990 and ORS 468 provide for civil penalties not to exceed $10,000 per day ofviolation. The OAR 340 Division 12 penalty matrix is an administrative classification ofviolations and penalty amounts within the range authorizedby the Oregon statute. E. State statutes and regulations provide used oil management standards for used oil generators, transporters, processors, re-refiners, burners, and marketers as indicated in Revision Checklist 130 and 166. Federal Authority: RCRA §§1004, 1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts 261 and 279 as amended March4, 1994 (59 FR 10550), May 6, 1998 (63 FR 24963), and July 14, 1998 (63 FR 37780). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-111-0000(2), OAR 340-111-0010, OAR 340-111-0020, OAR 340- 111-0032, and OAR 340-111-0050, f. & cert ef. 3/22/94 OAR 340-100-0002, f. & cert. ef. 7/21/00 ' Remarks ofthe Attorney General The State incorporatedby reference with the following exceptions: 1) Oregon's analog to 40 CFR 279.22, OAR 340-111-0032, is more stringent than the Federal rule because the State requires generators to store used oil following applicable State and local Fire Marshall regulations and to keep rainwater from coming in contact with used oil during storage in containers and tanks. 2) The State analogs to 40 CFR 279.45(h), 279.54(g), and 279.65(g) are more stringent because this requires generators to respond according to the more specific requirements in Division 108. In addition to 40 CFR 279.45(h), 279.54(g), and 279.64(g), OAR Chapter 340, Division 108 makes ODEQ's rules more stringentby requiring used oil handlers to take immediate action to mitigate threatened spill and releases, report spill to the emergency management division that exceed reportable quantities, clean up any threatened spills or releases to standards established by the ODEQ, and report within 15 days, actions taken to any threatened spill and releases .



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• F. State statutes and regulations are amended such that the procedures for conducting air quality modeling and screening for boilers and industrial furnaces burning hazardous wastes include the method recommended in Appendix W of 40 CFR Part 51. State regulations and statutes also incorporate by reference the October, 1992 edition of "Screening Procedures for Estimating the Air Quality Impact ofStationary Sources" as indicated in Revision Checklist 125. Federal Authority: §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR 266.1 04(e)(3), 266.106(h) and Part 266 Appendix X, as amended July 20, 1993 (58 FR 38816). Citation ofLaws and Regulations; Date ofEnactment and Adoption 340-100-0002, f. & cert. ef. 7/21/00. Remarks ofthe Attorney General The State incorporated by reference but Oregon's analog to 40 CFR 260.11(a), which EPA revised and amended in CL 125, 128, 132, 154.1, 138, 141, 158, and mostrecently in 180, is discussed in section I.UU ofthe AGS.
G. State statutes and regulations contain an administrative stay, until further administrative action is taken, that replaces the current limits needed to qualify for the Bevill exemption under test number 2 with the land disposal restriction limits for underlying constituents as indicated in Revision Checklist 127. Federal Authority: RCRA §§1006, 2002(a); 3004, and 3014; 40 CFR 266.112(b)(2)(i) and Part 266 Appendix VII, as amended November 9, 1993 (58 FR 59598). Citation ofLaws and Regulations; Date ofEnactment and Adoption 340-100-0002, f. & cert. ef. 7/21/00. Remarks ofthe Attorney General The State incorporated by reference and for 266.112(b)(2)(i), the State is seeking authorization for the rules in CL 182; see AGS SectionXX.1. I. State statutes and regulations include requirements related to the MACT standards limiting emissions ofchlorinated dioxins, furans, other toxic organic compounds, toxic metals, hydrochloric acid, chlorine gas, and particulate matter as indicated in Revision Checklist 182. Federal Authority: RCRA §1006(b), 3004(a) and 3005(c)(3); 40 CFR 260.10, 266.105(c), 266.112(b) and 266, Appendix VITI as amended September 30, 1999 (64 FR 52828) and November 19, 1999 (64 FR 63209). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-100-0010, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.

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• J. State statutes and regulations include an exemption for hazardous waste burning cement kilns or aggregate kilns from the RCRA national stack emission standards when owners or operators demonstrate compliance with the MACT requirements of40 CFR part 63 subpart EEE by conducting a comprehensive performance test and submitting a Notification ofCompliance as indicated in Revision Checklist 182. However, after this demonstration, RCRA permit conditions will remain in effect until the permit is modified, terminated, or revoked, unless the permit expressly provides otherwise. Federal Authority: RCRA §§ 1006(b), 3004(a), and 3005(c)(3); 40 CFR 266.100(b), 270.22 intro, and 270.66 intro, as amended September 30, 1999 (64 FR 52828). Citation of Laws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. K. State statutes and regulations include an exemption for secondary lead smelters from all provisions of the Boilers and Industrial Furnaces (BIFs) requirements except for 266.l0l,.as indicated in Revision Checklist 182. The smelter must provide a one-time notice to the State identifying each hazardous waste burned and stating that the facility claims an exemption from other BIF requirements. Those secondary lead smelters who have already provided notice pursuant to 266.1OO(c) do not have to renotify. Federal Authority: RCRA §§ 1006,3004, and 3005; 40 CFR 266.l00(d)(1) intro, 266.100(d)(3) intro, and 266.100(h), as amended September 30, 1999 (64 FR 52828). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. L. State statutes and regulations clarify that fuel blending activities that are conducted in units other than 90-day tanks or containers are also subject to regulation as indicated in Revision Checklist 182. Federal Authority: RCRA §§ 3004 and 3005; 40 CFR 266.l01(c) intro and 266.101(c)(1) as amended as amended September 30,1999 (64 FR 52828). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.



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• XXI. LAND DISPOSALRESTRICTIONS T. State statutes and regulations contain treatment standards for hazardous wastes from the production ofcarbamate pesticides and from primary aluminum production; contain the treatment standards for hazardous wastes that exhibit the characteristic ofreactivity; and put back into place the LDR "Third Third" provisions for the treatment ofcertain wastewaters as indicated in Revision Checklist 151. These statutes and regulations also codi the Federal olic t

... .. treatment as also indicated in this checklist. Federal Authority: RCRA § 3004(d) through (k), 3004(m); Public Law 104-119, 100 Stat. 830,40 CFR part 268 as amended April 8, 1996 (61 FR 15566 and 61 FR 15660); April 30, 1996 (61 FR 19117); June 28, 1996 (61 FR 33680); July 10, 1996 (61 FR 36419); August 26, 1996 (61 FR 43924), and February 19, 1997 (62 FR 7502). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-102-0011(2)(e) Note, f. & cert. ef. 7/21/00 OAR 340-104-0001 f& cert. ef. 6/20/91 Remarks ofthe Attorney General The State incorporated by reference with the following exceptions: 1) 268.1(e). This regulation was revised May 12, 1997 (62 FR 26,019) (CL 157). ODEQ is currently seeking authorization for the Federal rules in CL 157, see AGS, Section XXLY. 2) 268.2(i) This regulation was revised May 26, 1998 (63 FR 28639) (CL 167A). ODEQ is currently seeking authorization for the Federal rules in CL 167A, see AGS, Section XXI.DD. 3) 268.7(a) & (b) This regulation was revised May 12, 1997 (62 FR 26,019) (CL 157). ODEQ is currently seeking authorization for the Federal rules in CL 157, see AGS, Section XXLW. 4) 268.9(a) & (d)(l)(ii) These regulations were revised May 12, 1997 (62 Fr 26,022) (CL 157). ODEQ is currently seeking authorization for the Federal rules in CL 157, see AGS, Section XXI.W. 5) 268.39(a) & (d) These regulations were revised June 17, 1997 (62 FR 32,979) (CL i59). ODEQ is currently seeking authorization for the Federal rules in CL 159, see AGS, Section XXI.Z. 6) 268.39(c) This regulation was revised as shown in CL 160 and most recently September 24, 1998 (63 FR 51,264) (CL 173). ODEQ is currently seeking authorization for the Federal rule in CL 173, see AGS, Section XXI.LL.

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• 7) 268.40(e) This regulation was revised May 26, 1998 (53 FR 28,641) (CL 167A). ODEQ is currently seeking authorization for the Federal rules in CL 167A, see AGS, Section XXI.DD. 8) 268.40ffable. The table has been revised and amended in 157, 159, 161, and 167A. CL 167A contains the Federal Register ofMay 26,1998 (63 FR 28,642) which revises and codifies the entire 268.40 Table of Treatment Standards. ODEQ is seeking authorization for the rule in CL 167A, see AGS Section XXI.DD, and thus doesn't need to seek authorization for this rule in 157, 159, and 161. 9) 268.44(a) This rule was revised December 5, 1997 (62 FR 64,509) (CL 162). .ODEQ is currently seeking authorization for the rule in CL 162, see AGS, Section XXI.BB. 10) 268.48(a)ffable. This rule was revised May 26, 1998 (63 FR 28,739) (CL 167A). ODEQ is currently seeking authorization for the rule in CL 167A, see AGS, Section XXI.DD.
U. State statutes and regulations provide for an extension of the national capacity variance for spent potliners from primary aluminum production (Hazardous Waste Number K088) so that K088 wastes do not have to be treated to meet LDR treatment standards until September 21, 1988, as indicated in Revision Checklists 155, 160, and 173. Federal Authority: RCRA §3004(d)-(k), and (m), 40 CFR 268.39(c) as amended January 14, 1997 (62 FR 1992), July 14, 1997 (62 FR 37694), and September 24, 1998 (63 FR 51254). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.


## v. State statutes and regulations prohibit the land disposal ofthe wood preserving waste F032, F034 and F035 by August 11, 1997, and also prohibit any soil and debris and radioactive waste mixed with above chemicals from land disposal effective May 12, 1999. In between these effective dates, mixtures may only be land disposed if the facilities follow certain procedures included in State statutes and regulations as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.30(a)-(e) and 268.40 as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 . Remarks ofthe Attorney General

The State incorporatedby reference with the following exception:



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• 1) 268.40rrable. The table has been revised and amended in 157, 159, 161, and 167A. CL 167A contains the Federal Register ofMay 26, 1998 (63 FR 28,642) which revises and codifies the entire 268.40 Table of Treatment Standards. ODEQ is seeking authorization for the rule in CL 167A, see AGS Section XXI.DD, and thus doesn't need to seek authorization for this rule in 157, 159, and 161.


## w. State statutes and regulations include revisions ofrecord keeping and paperwork requirements indicated in Revision Checklist 157. State statutes and regulations also include revisions to update the land disposal restrictions to better reflect the current program, as indicatedin Revision Checklists 157, 167C, 179, and 183. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.4(a)(2)(iv), 268.4(a)(4), 268. 7(a)-(c)(2), 268.9(a), 268.9(d)(1)(ii), 268.32, 268.34-268.37, 268.44(0), and Part 268 Appendices J-Ill, VI, Vlll and X, as amended May 12, 1997 (62 FR25998). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-101-0001, F. & Cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes . X. State statutes and regulations include revisions introducing polymerization as an alternative treatmentmethod as indicated in Revision Checklist 157. 

### i Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.42 table 1 as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. Y. State statutes and regulations include revisions which indicate that the deminimis provision applies to minor losses of characteristic wastes as indicated in Revision Checklist 157. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.1(e)(4) as amended May 12, 1997 (62 FR 25998). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00



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• Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. Z. State statutes and regulations include revisions designed to conform with the Federal appeals courtruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain EPAregulations including the land disposal prohibitions and treatment standards for the vacated carbamate wastes as indicatedin Revision Checklist 159. Federal Authority: RCRA 3004(d)-(k) and (m); 40 CFR 268.39(a), 268.39(d), and 268.40 as amended June 17, 1997 (62 FR 32974). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exception: 268.40rrab1e. The table has been revised and amended in 161, and 167A. CL 167A contains the Federal Register of May 26, 1998 (63 FR 28,642) which revises and codifies the entire 268.40 Table ofTreatment Standards. ODEQ is seeking authorization for the rule in CL 167A, see AGS Section XXI.DD, and thus doesn'tneed to seek authorization for this rule in 159 and 161.
BB. State statutes and regulations include revisions to the LDR treatment variances at 40 CFR 268.44, and specify that a variance may be granted when treatmentto the level or by the method specified in the regulations either is not physically possible or is not appropriate under either technical or environmental circumstances as indicated in Revision Checklist 162. Federal Authority: RCRA 3004(m); 40 CFR 268.44(a), 268.44(h), and 268.44(m) as amended December5, 1997 (62 FR 64504). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exceptions: 1) The term "Administrator" in 268.44(a) - (g) is not substituted with the "Department ofEnvironmental Quality," the analogous State term, because this provision is not delegable. 2) 268.44(h). This regulation was revised May 26, 1998, (63 FR 28738) (CL 167B). ODEQ is currently seeking authorization for the Federal rules in CL 167B; see AGS, Section XXI.FF.

DD. State statutes and regulations include prohibitions and treatment standards for metal constituents in all hazardous wastes including the toxic characteristic wastes as indicated in Revision Checklists 167 A and 179.



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• Federal Authority: RCRA §§3004(g)(4) and (m); 40 CFR 268.2(i), 268.3(d), 268.34, 268.40(e)&(h), 268.40 table, and 268.48 as amended May 26, 1998 (63 FR 28556) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. EE. State statutes and regulations include treatment standards for mineral processing wastes as indicated in Revision Checklist 167 A. Federal Authority: RCRA §§3004(g)(4) and (m); 40 CFR 268.40 and 268.48 as amended May 26, 1998 (63 FR 28556). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. FF. State statutes and regulations include .treatment standards for contaminated soils as indicated inRevision Checklists 167 B, 179 and 183. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 262.34(d)(4), 268.2(h), 268.2(k), 268.7(a)(1)-(6), 268.7(b)(1)-(3), 268.7(b)(4) intro & (b)(iv), 268.9(d)(2) intro, 268.9(d)(2)(i), 268.7(e), 268.44(h)(3)-(5), 268.49 as amended May 26, 1998 (63 FR 28556), May 11, 1999 (64 FR 25408), and October 20, 1999 (64 FR 56469). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. GG. State statutes and regulations include corrections and clarifications to the land disposalrestrictions as indicated in Revision Checklists 167 C and 179. Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 268.4(a)(2)(ii)&(iii), 268.7(a)(7), 268.7(b)(3)(ii)fTable, 268.7(b)(4)(iv)&(v), 268.7(b)(5)&(6), 268.40fTable, 268.40(e), 268.42(a), 268.45(a) intro, 268.45(d)(3)&(4), 268.48, 268 Appendices VII &

## vm as amended May 26, 1998 (63 FR 28556), June 8, 1998 (63 FR 31266) and May 11, 1999 (64 FR 25408). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00



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• Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
DB. State statutes and regulations include a waste-specific prohibition and treatment standards for K169-Kl72 wastes under the land disposal restriction program, as indicated in Revision Checklist 169. Federal Authority· ReRA 

### § 3004(8) and (m); 268 35 and 268 40, as amended August 6, 1998 (63 FR 42110). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. II. State statutes and regulations stay the May 26, 1998, Phase IV Land Disposal Restriction treatment standards for metal-bearing hazardous wastes which exhibit the characteristic of toxicity, until EPA develops more consistent and comprehensive regulations for hazardous waste-derived fertilizers. In the interim, affected fertilizers are subject to the treatment standards that previously existed for toxic metals as specified on Revision Checklists 170 and 179. Federal Authority: RCRA §§3001 and 3004(d), 40 CFR 268.40(i), as amended August 31,1998 (63 FR 46332) and May 11,1999 (64 FR 25408). Citation ofLaws .and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
JJ. State statutes and regulations provide revised treatment standards for seven carbamate wastes and extend indefinitely the temporary treatment standards; remove the treatment standard for one carbamate waste; delete certain carbamate wastes as underlying hazardous constituents; and extend for six months the temporary alternative treatment standards for the other 32 carbamate wastes as indicated in Revision Checklists 171,179 and 183. Federal Authority: RCRA § 3004(d)-(k) and (m); 40 CFR 268.40(g)-(j), 268.40ffable, and 268.48(a)ffable as amended September 4, 1998 (63 FR 47410) and May 11, 1999 (64 FR 25408) and October 20, 1999 (64 FR 56469). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00

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• Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. KK. State statutes and regulations provide for an extension ofthe compliance date until November 26, 1998, for treatment standards for secondary lead slags that exhibit the toxicity characteristic for metals as indicatedin Revision Checklist 172. Federal Authority· RCRA § 3004(d)-(k) & (m); 40 CPR 268 34(b) as amended September9, 1998 (63 FR48124). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
LL. State statutes and regulations provide for interim replacement standards for spent potliners from primary aluminumreduction (EPA hazardous waste K088) as indicated in Revision Checklists 173,179 and 183. Federal Authority: RCRA §3004(d)-(k), and (m); 40 CFR 268.40, as amended September 24, 1998 (63 FR 51254) and May 11, 1999 (64 FR 25408), and October 20, 1999 (64 FR 56469) . Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. MM. State statutes and regulations include the removal ofa waste-specific prohibition and treatment standards for K140 and U408 wastes under the land disposal restrictions program as indicated in Revision Checklist 185. Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.33, 268.40, and 268.48(a)ffable as amended March 17,2000 (65 FR 14472). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes .



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• xxm. UNIVERSAL WASTES
A. State statutes and regulations provide hazardous waste management standards for the collection and management of certain widely generated wastes determined "universal wastes" as indicated in Revision Checklists 142 A and 176.
Federal Authority: RCRA §§2002, 3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.5(c), 261.5(f)(3)(vi), 261.5(g)(3)(vi), 261.9 intro, 262.10. 262.11(d), 2641(g)(11) intra, 2651(c)(14) jntra, 2681(t) intro, 270.1(c)(2)(viii) intro, 273.l(a) intro, 273.1(b), 273.5, 273.6, 273.10, 273.11, 273.12,273.14 intro, 273.15-273.31, 273.32(a)(1)&(2), 273.32(b), 273.34 intro, 273.35-273.70, as amended May 11, 1995 (60 FR 25492) and December 24, 1998 (63 FR 71225).
Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-113-0070, f. & cert. ef. 7/31/96 OAR 340-100-0002, f. & cert. ef. 7/21/00 OAR 340-102-0011(e), f. & cert. ef. 7/21/00 OAR 340-113-0000; f. & cert. ef. 7/21/00 OAR 340-113-0010, f. & cert. ef. 7/21/00 OAR 340-113-0020, f. & cert. ef. 7/21/00 OAR 340-113-0040, f. & cert. ef. 7/21/00 OAR 340-113-0050, f. & cert. ef. 7/21/00
Remarks ofthe Attorney General The State incorporated by reference with the following exceptions: 1) Oregon's analog to 262.11(d) is OAR 340-102-001 1(2)(e). A technical correction will be made during the next hazardous waste rulemaking to add 40 CFR 273 to 340-l02-0011(e) which will make it equivalent to the Federal rule. 40 CFR 262.l1(d) was revised 5/11/95,60 FR 25,541. 2) OAR 340-113-0020 and 340-113-0030(1)&(2) will be amended during the next hazardous waste rulemaking to amend the Federal citations of40 CFR273.6 to 40 CFR273.9. 3) Oregon's State-only "pesticide residue" management program is broader in scope than the Federal program because State-only pesticide residues which are not covered in the Federal program are included as State-only "hazardous wastes" in the State Program. Pesticide residue (OAR 340-100-0010) may be designated "Waste pesticide" by the generator and managed in a manner consistent with the Universal Waste management standards. State only "pesticide residues", however, are not included in the definition of Universal Waste, even though they are subjectto the same managementrequirements under state law. Language in 340-113-020(4) which could be read to include state-only pesticide waste in the definition ofUniversal Waste will be clarified at the next rule making to make it clear that such waste is not Universal Waste. "Pesticide residues" are managed under a WaterPollution Control Facility Permit (340-109- 0010(2)(b) or managed as otherwise authorized by the Department. "Pesticide residue" may also be managed at a Subpart C facility (340-1 09-0010(4)(a)); or in a lined Subpart D facility, provided Federal Land Disposal Restriction

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# •

•

• concentration standards are met, ifthey exist, or, ifstandards do not exist, then pass ODEQ's aquatic toxicity test (340-109-001O( 4)(b)). "Pesticide residue" managed otherthan as specifiedremains ahazardous waste and mustbe managed pursuantto OAR chapter 340 Divisions 100 to 106 and 108. 4) A technical correction to OAR 340-113-0020(1) will be made during the next hazardous waste rulemaking to remove reference to the deleted citation OAR 340-113-0030(5). Oregon is not seeking authorization for the reference to OAR 340-113-0030(5). 5) In OAR 340-113-0020(2), Oregon added "Off-site Collection Site" which means a site that receives and accumulates universal waste from off-site. Facilities defined as universal waste "offsite collection sites" are universal waste handlers under the Federal universal waste rules. The Oregon rule is more stringent than the Federal rule in that it requires universal waste handlers that collect and accumulate more than 2,200 pounds ofuniversal waste from off-site at any time to notify the Department oftheir activity and submit annual reports. 6) In OAR 340-113-0020(3), Oregon defines "Pesticide Collection Program" as a pesticide collection program that has notified the Department of activity as required in OAR 340-113-0070 (rules for pesticide collection). It has no Federal analog. However, it is more stringent than the rules for small quantity and large quantity handlers because it requires following OAR 340-113-0040 which has more stringent reporting requirements and because it requires submitting to ODEQ a summary ofhow the collectionprogram will be operated. 7) OAR 340-113-0030(3) is different from the Federal program in that Oregon restates the treatment ofuniversal waste is prohibited except as allowed by the Federal rule in 40 CFR 273. This to done to reinforce the Federal rule as well as using the statement as a placeholder when and ifadditional wastes are added to the universal waste rule. If additional wastes are added and certain levels of treatment are allowed, those conditions will be listed here. 8) Currently, Oregon's analog to 40 CFR 260.10 and 273.9, the definition for "Universal Waste," OAR 340-113-0020(4), is only broader in scope than the Federal rule in its addition of"waste pesticides". 9) Oregon's analog to 40 CFR 273.12, OAR 340-113-0040(2)(b), is more stringent than the Federal rule because the State requires owners or operators of Off-site Collection Sites accumulating more than 1,000 kilograms of nonpesticide universal waste at any time to meet the notification requirements for large quantity handlers. Under the Federal program, small quantity handlers are those accumulating no more than 5,000 kilograms and are not subject to notificationrequirements. 10) Oregon's analog to 40 CFR 273.15(a), OAR 340-113-0040(3)(a) & (b) is more stringent than the Federal rule because the State subjects owners or operators ofoff-site collection sites accumulating more than 1,000 kilograms of universal wastes to a six month accumulation time limit. The Federal rule has a one-year accumulation limit for all handlers.



### 37

# •

•

• 11) Oregon's analog to 40 CFR 273.15(b), OAR 340-113-0040(3)(a) & (b), is more stringent than the Federal rule because the State requires that an owner or operator ofan off-site collections site accumulating more than 1,000 kilograms of universal wastes must receive written approval from ODEQ to extend the accumulation time limit. The Federal rule does not require prior written approval to extendthe time limit. 12) Oregon's analog to 40 CFR 273.32(b)(5), OAR 340-113-0040(2)(b)(B), is more stringent than the Federal mle because the State requires additjonal information to be submitted with the notification from Off-site Collection Sites, including a schedule of collection events, maximum quantity of wastes to be accumulated, where wastes will be shipped, and a certification statement. 13) Oregon's analog to 40 CFR 273.19, OAR 340-113-0040(4), is more stringent than the federal rule for tracking universal waste shipments because the State requires owners or operators ofoff-site collection sites accumulating more than 1,000 kilograms ofuniversal wastes to keep records of shipments ofuniversal wastes. The federal program does not require tracking shipments for small quantity handlers, those accumulating no more than 5,000 kilograms at any time. 14) Oregon's analog to 40 CFR 273.35(a), OAR 340-113-0040(3)(a) & (b), is more stringent than the Federal rule because the State requires that an owner or operator ofan off-site collections site accumulating more than 1,000 kilograms of universal wastes to a six month accumulation time limit. The Federal rule has a one-year accumulation limit for all handlers

. 15) Oregon's analog to 40 CFR 273.35(b), OAR 340-113-0040(3)(a) & (b), is more stringent than the Federal rule because the State requires that an owner or operator ofan off-site collections site accumulating more than 1,000kilograms of universal wastes must receive written approval from ODEQ to extend the accumulation time limit. The Federal rule does not require prior written approval to extend the time limit. 16) A point ofclarification for Oregon's analog to 40 CFR 273.39(a): OAR 340- 113-0040(4)(a) requires Off-site Collection Sites accumulating more than 1,000 kilograms ofuniversal waste to follow the tracking requirements in 273.39 with the following exception; those Off-site Collection Sites accumulating more than 1,000 but not more than 5,000 kilograms at any time are not required to record the name and address ofthe originating universal waste handler. 17) Oregon's analog to 40 CFR 273.39(a) includes a more stringent rule in OAR 340-113-0040(4)(b) which requires an Off-site Collection Site to record the date the universal waste was receivedby the initial off-site handler. . 18) Clarification note to Oregon's analog to 40 CFR 273.60: at OAR 340-113- 0050(1), the State includes (a) permitted hazardous waste facilities or hazardous waste recycling facilities and (b) facilities that have obtained apermit for the sole purpose ofreclaiming universal waste lamps. This is consistent with the Federal rule at 273.60

.



### 38

# •

• 19) Under 40CFR 273.60, destination facilities are subject to Part 264 and 265 requirements, which includes biennial reporting. At 340-113-0050(2), Oregon adds reporting requirements including a provision requiring annual reporting of universal wastes for all destination facilities, which is more stringent than the Federal rule.
B. State statutes and regulations include hazardous waste batteries as a universal waste as indicated in Revision Checklists 142Band 176. Federal Authority: RCRA §§300l, 3002,3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(a), 264.1(g)(11)(i), 265.1(c)(14)(i), 266.80(a), 266.80(b), 268.1(f)(1), 270.1(c)(2)(viii)(A), 273.1(a)(I), 273.2, 273.6, 273.13(a), 273.14(a), 273.33(a), and**273~34(a),** as amended May 11, 1995 (60 FR 25492) and December24, 1998 (63 FR 71225). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7114/2000,effective 7/21/2000 OAR 340-113-0000; f. & cert. ef. 7/21/00 OAR 340-113-0020, f. & cert. ef.7/21/00 OAR 340-113-0030, f. & cert. ef. 7/21/00 OAR 340-113-0040, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exceptions: 1) In connection with 40 CFR 273.13(a) and 40 CFR 273.33(a), Waste management standards for small and large quantity generators, OAR 340-113- 0040(1)(b) acknowledges the Mercury-Containing and Rechargeable Battery ManagementAct (Public law 104-142) in stating that the additional requirements for off-site collection sites, in OAR 340-113-0040 (2) and (3), do not apply to persons who collect, store ortransportuniversal waste batteries. 2) 261.6(a)(3)(ii) This rule was revised May 12, 1997 (62 FR 26,019)(CL 157). ODEQ is seeking authorization for the rule in CL 157,seeAGS Section I.KK. C. State statutes and regulations include hazardous waste pesticides that are either recalled or collected in waste pesticide collection programs as a universal waste as indicated in Revision Checklist 142 C. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(b), 264.1(g)(11)(ii), 265. 1(c)(14)(ii), 268.1(f)(2), 270.1(c)(2)(viii)(B), 273. 1(a)(2), 273.3, 273.6, 273. 13(b), 273. 14(b)&(c), 273.32(a)(3), 273.33(b), and 273.34(b)&(c) as amended May 11, 1995 (60 FR 25492). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-113-0070, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7114/2000,effective 7/21/2000 OAR 340-113-0000; f. & cert. ef. 7/21/00 OAR 340-113-0020, f. & cert. ef. 7/21/00 OAR 340-113-0030, f. & cert. ef. 7/21/00



### 39

# •

• OAR 340-113-0040, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes.
D. State statutes andregulations include hazardous waste thermostats as auniversal waste as indicated inRevision Checklist 142 D. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(c), 264. 1(g)(l1)(iii), 265. 1(c)(14)(iii), 268.1(f)(3), 270.1(c)(2)(viii)(C), 273.1(a)(3), 273.4, 273.6, 273. 13(c); 273. 14(d), 273.33(c), and 273.34(d) as amended May 11, 1995 (60 FR 25492). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 OAR 340-113-0000; f. & cert. ef. 7/21/00 OAR 340-113-0020, f. & cert. ef. 7/21/00 OAR 340-113-0030, f. & cert. ef. 7/21/00 OAR 340-113-0040, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes

. E. State statutes and regulations allow petitions to include other wastes as universal wastes as indicated in Revision Checklist 142 E. Federal Authority: RCRA §3001, 3002, 3003, 3004, 3005, 3010, and 3013; 40 CFR 260.20(a), 260.23, 273.80, and 273.81 as amended May 11, 1995 (60 FR 25492). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-113-0060, f. & cert. ef. 7/31/96 OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 OAR 340-113-0000; f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporatedby reference with the following exception: At OAR 340-113-0060(2)(a), the State added a provision to use the petition process to remove wastes from the universal waste rule and at OAR 340-113- 0060(2)(b) lists the factors to be considered when reviewing a petition to remove a waste. This is an addition to the Federal rule at 40 CFR 273.81(c) and is more stringentbecause it is an additional factor to consider. F. State statutes and regulations include spent hazardous waste lamps as a universal waste as indicated in Revision Checklist 181. Federal Authority: RCRA §§3001, 3002, 3003, 3004, 3005, 3010, 3013, 3017, and 7004; 40 CFR 260.10, 261.9(b)-(d), 264.1(g)(11)(ii)-(iv), 265.1(c)(14)(ii)- (iv), 268.1(f)(2)-(4), 270.1 (c)(2)(viii)(B)-(D), 273.1(a)(2)-(4), 273.2(a)(1),

40

# •

•

• 273.2(b)(2)&(3), 273.3(a), 273.4(a), 273.5, 273.6, 273.7, 273.8, 273.9, 273.10, 273. 13(d), 273.14(e), 273.30, 273.32(b)(4)&(5), 273.33(d), 273.34(e), 273.50, 273.60(a), and 273.81(a) as amended July 6, 1999 (64 FR 36466). Citation ofLaws and Regulations; Date ofEnactment and Adoption OAR 340-100-0002, adopted 7/14/2000, effective 7/21/2000 OAR 340-113-0000; f. & cert. ef. 7/21/00 OAR 340-113-0020, f. & cert. ef. 7/21/00 OAR 340-113-0030, f & cert ef 7/21/00 OAR 340-113-0040, f. & cert. ef. 7/21/00 Remarks ofthe Attorney General The State incorporated by reference with no exceptions, modifications, or changes. Note that Oregon did notredesignate 273.6 to 273.9 at OAR 340-113- 0020,0030(1),(2) but the State did incorporate the federal changes in Part 273 by

. reference

.

41

# •

•

• The State is seeking authorization for the following rules: 1) OAR340 104 0001(6) PersoDs**reeei'~ing** 

### off-site solid waste which becomes hazardous waste by virtue ofFederal or State statute orregulation and who treat or dispose ofsuch waste shall comply with the applicable requirements ofOAR Chapter 340, Divisions 100 to 106, 120, and 40 CFRParts 264 and 265 and must receive a final permitbefore managing the waste. History: DEQ 8-1985, f. & 

### ef7-25-85; DEQ 4-1991, f. & 

### cert. ef. 3-15-91 (and corrected 6-20-91) Remarks ofthe Attorney General: With respect to facilities that receive waste from offsite which become hazardous by virtue offederal or state hazardous waste regulations, the state is more stringent than EPA in that such facilities arerequiredto receive a final hazardous waste permitbefore managing such wastes. 2) OAR340-102-0011(3) (3) A person who generates a residue, as defined in OAR 340-100-0010(2)(z), must keep a copy ofthe documentation used to determine whetherthe residue is a hazardous waste, under section (2) ofthis rule, for a minimum ofthree years afterthe waste stream is no longer generated, or as prescribed in 40 CFR 262.40(c). If

### no documentation is created in making the wastestream determination, then no new documentation need be created. History: f. & 

### cert. ef. 7/21/00 Remarks ofthe Attorney General: The State is more stringent than the federal rule, 40 CFR 262.11, because it requires generators to keep documentation, ifavailable, of"knowledge ofprocess" hazardous waste determinations for at least three years. This is different than the federal program which does not require documentation of"knowledge ofprocess determinations" to be maintained on site ofthe determination. 3) OAR340-102-0034(2). (2) A generator shall comply with provisions found in 40 CFR, Part262 and each applicable requirement of 40 CFR262.34(a), (b), (c), (d), (e), and (f), 

### History: f. & 

### cert. ef. 3-22-94 Remarks oftheAttorney General:

. This is an additional enforcementrequirementto OAR 340-102-0034(1) making it more

stringent than the federal rule. The purpose ofthis rule is to cite" failure to label," and those othermanagementrequirements in 262.34. It 

### does not replace or supercede the ODEQ's capability to cite for "storingwithout apermit."

42

# •

• 4) OAR340-102-0040. Enhancing 262.40(b), Record Keeping. In 1996, ODEQ required all reports submitted to ODEQ to be retained by generators for three years, and required "Small Quantity Generators" to maintain copies ofall reports for aperiod ofthree years. EPA does not require "Small Quantity Generators" to reportwaste generated; therefore no reportneed be kept. History: DEQ 8-1985, f. & 

### ef. 7-25-85; DEQ 13-1991, f. & 

### cert. ef. 8-5-91; DEQ 12- 1996, f. & 

### cert. ef. 7-31-96. Remarks ofthe Attorney General: This is an additional record-keeping requirementwhich makes it more stringent than the federal rule which does not require small quantity generators to report waste.



### The following is a change to Oregon rules and how it 

### relates to the authorized program: OAR340-109-0001. Management ofPesticideWastes, 261.24(a). In 1996, ODEQ provided the option for state-only pesticide residue to be managed consistentwith the requirements ofthe Universal Waste Program. State-only pesticide residues are notincluded in the definition ofUniversalWaste even though they are subjectto the same management standards under state law. Language in 340-113-0020(4) which could be read to include state-only pesticide residue in the definition ofUniversal Waste will be clarified atthe next rule making to make it clearthat such waste is not Universal Waste.

These are changes to Oregon rules thatdon'trelate to previously authorized federal

. rules.

• Wastes Requiring SpecialManagement. OAR 340-101-0040. The ODEQ requires sandblast grit and certain used, treated wood to be managed in a lined solid waste landfill.
• Hazardous Waste GeneratorFees. OAR 340-102-0065. The ODEQ requires hazardous waste generators to pay fees forhazardous wastes that they produce. The fees are based on the volume ofhazardous waste and the managementmethods. • Fee Schedules. OAR 340-105-0113. Hazardous waste management facilities are required to pay annual compliance determination fees to the ODEQ. • Corrective Action Cost Recovery. OAR 340-105-0125. Any costs from corrective action work done by ODEQ are recovered from the responsibleparty. • Facility Fee Late Charges and Collections. OAR 340-105-0130. ODEQ charges late fees on uncollected invoices

.

43

# •

•

• STATUTORY REVIEW 

### These are changes to Oregon Statutes that should not affect authorization. 

## 2001

• House Bill (HB) 3007 (ORS 459.900) requires collection ofthermostats that contain mercury to be managed as Universal Waste.
• HB 3536 (ORS 468.963) amends Oregon's environmental audit privilege law to meet concerns raised by EPA. The bill was narrowly targeted to remove theprivilege only for criminal investigations. This means acompanymay not claim theprivilege for self-auditdocuments in acriminal proceeding, but could claim the privilege in an administrative, tort, or other civil proceeding.
• HB 3815 (ORS 633.311) regulates the sale offertilizer and related products, including labeling. The DepartmentofAgriculture is the lead. ODEQ will be involved as ODA undertakes rulemaking.

• Senate Bill (SB) 463 (ORS 465.500) amends theexisting state dry cleaner law adopted in 1995. The law created a unique programwhere dry cleaners are relieved ofcleanup liability but are responsible forproviding revenue to clean up these contaminated sites. SB 463 clarifies eligibility for liabilityprotectionunder the law; clarifies waste minimization requirements ofdry cleaners; modifies the existing fee structure that raises revenue for the program; and sunsets the fees and liability protection for dry cleaners on January 1, 2006. • SB 895 (ORS 783.620), ballastwater regulation. The bill generallyprohibits dischargeofballastwaterinto waters ofthe state, and requires vessels to report ballast waterinformation at least 24 hours before entering waters ofthe state. ODEQ is in the lead and will receive these reports, and will establish a task force to study and recommend to the next Legislature improvements to ballastwater management. This.legislation was written to address and "regulate" ballastwaterthat may contain "alien species"; the intent being to keep those species out ofwaters ofthe state. 

## 1999
• SB 1089 (ORS 465.500), dry cleaners. Revises administrative elements ofthe dry cleaner program, e.g., ODEQ will receive a list from the Department ofRevenue of the dry cleaners who are in compliancewith the fee provisions ofthe dry cleanerlaw.

44

# •

•

• • HB 3616 (ORS 465.315), for contaminated soils, changed the preference for treatment of"hot spots" to apreference for treatment or excavation and off-site disposal. ORS 465.315 was changed to allow excavation and off-site disposal ofhot spot hazardous substances. Priorto that treatmentwas the "preferred choice." OAR 340-122-085 and -090 were then amended to be consistentwith the law and to "allow" aresponsible party to use excavation and off-site disposal equal withthat of treatmentto manage hazardous substances, including hazardous wastes. However, these rule changes did not change any RCRArequirements. 

### 1997
• HB 3457 (ORS 459.501-521). Directs the ODEQ to establishby rule, criteriafor Green Permits. The EQC must specifyprocedures for the application, review and public participation in the greenpermitprocess. The Green Permits' programuses regulatory incentives to encourage results betterthan those requiredby law, including superiorperformance in both regulated and unregulated aspects. Thus, a company's overall environmental impact shouldbe less. EPA, ODEQ and Lane Regional Air PollutionAuthorityentered into aMOA, 6/1/00, to guide the workingpartnership of the Agencies in implementing the GreenPermits Program. The Hazardous Waste Programwill implement its programin amanner consistent with the MOA. Rules for Green Permits are in OAR 340-014-0100

- OAR 340-014-0165. GreenPermits affect the authorized program in that regulatory requirements maybe waived and permits modified as an incentive in encouraging higher levels ofenvironmental performance. The facility must demonstrate that its environmental performance is significantlybetterthan otherwiserequiredby law in orderto quality for a Green Permit. The facility would still be subjectto.the authorized hazardous wasteprogram as modified by the Greenpermit (ORS 468.511). Oregonrules (OAR 340-014-0145) include procedures for requesting EPA assistance in reviewing requested waivers. A Memorandum ofUnderstanding signedby the agencies in May2000 describes the process by whichthe agencies will review the requested waivers and determine whetherfederal action is needed to implementthe requested waiver. In some cases, EPA may have to modify the federal program vis-a-vis a rule change in orderto implementthe waiver or modification. As noted in the MOAbetween ODEQ, LRAPA, and EPA of6/1/00, page 1: "Implementation ofthis MOA will be conducted in a manner consistentwith ODEQ and LRAPA's responsibilities under approved, authorized, or delegated federal programs. This agreement will remain in effect for the duration ofthe Oregon Green PermitProgram, or until modified or terminatedby one or more ofthe signatories. This agreement does not alterthe existing authorities or responsibilities ofthe Agencies, nor is it intended to supersede any other agreementbetween the Agencies or restrict their independent enforcement authorities."


### • HB 3571. Environmental Auditprivilege. (please referto HB 3536,2001, which removedthe impact ofHB 3571 on Oregon's authorized program)

.

45

# •

•

• • SB 

### 420. ODEQ bill addressing inequities in hazardous waste fee system; establishes costrecovery forprocessingpermit applications; removes statutory fee limits for new permits; and establishes authority for a fee on used oil processors.

, • SB 

### 146. Changes Toxics Use Reduction Law to recognize Environmental Management Systems that duplicate reductionplanningrequirements; allows certain users oftoxic chemicals to develop customer educationprograms in lieu ofmeeting reduction plan requirements and encourages reductionplanning for smaller businesses by extendingthe planning deadline and eliminating annual reporting. SB 146 changed OR's original 1997 Toxics Use Reduction Law which is not a part of the authorized program. Therefore, SB 146 has no effect on the authorizedprogram. • HB 

### 3282. Modifies fees assessed on waste being disposed at hazardous waste facility in Arlington, Oregon.
• HB 

### 3740. Allows a county where a site for the storage or disposal ofchemical agents is located to determine the effects on communities within the county 'ofdestroying the chemical agents, and to charge an annual fee to mitigate the effects. This applies to the nerve agent incineration atUmatillaChemical Incineration facility. HB 3740 does not affect the authorized program. It 

### only gives the county the authority to collect money from the Army onprospective impacts from the incineration ofnerve agents. 

### 1995
• HB 

### 3460. Lowered the hazardous waste disposal fee until December 31, 1997 for a subset ofhazardous wastes received at the state's only hazardous waste disposal site in Arlington, Oregon.
• HB 

### 3216. Establishes a dry cleanerenvironmentalresponse account and waste management requirements for dry cleaners. The statute effectively eliminatesthe disposal of

### F002ID039drycleanerhazardous waste in solid waste landfills, and disposal ofsolvent contaminatedwastewaterin sewage collection system. This latter requirement eliminates the RCRA "domestic sewage" disposal option for this industry. ODEQ has the lead.

46

# • Signature



### Larry Edelman Name (Type or Print)



### Assistant Attorney General Title


# • Date



# • Revised 6/3/02



### 47

# •

•• Addendum to the Attorney General Statement April 29, 2002

Dry Cleaner Liability: The Oregon statute (ORS 465.500. "Cleanup of ContaminationResulting from Dry Cleaning Facilities") creates a clean up fund for Dry Cleaner sites. It 

### also establishes stringentwaste managementrequirements above and beyond RCRA for Dry Cleanerwaste. The statute exempts Dry Cleaners (owners/operators) from clean-up liabilityunless the release resulted from an act or omission that was a violation ofstate or federal law in effect at the time ofthe release. Oregon's position is that a violation need not have been adjudicated to trigger loss ofthe exemption, and Oregon will pursue clean-up and costrecovery actions ifthe evidence indicates a release was in violation oflaw. Toxics Technical Assistance: ORS 465.012 provides for Oregon ODEQ assistance to users oftoxic chemicals to help reduce the use ofsuch chemicals. DRS 

### 465.012(4) provides that technical assistance shall not result in inspections or enforcement unless there is reasonable cause to believe there is a clear and present danger to public health and safety or the environment. This restriction does not affect regular enforcement or inspection programs. There is in effect a so-called "ChineseWall" between the technical assistance and enforcement staff.

48

# IV. OFAGREEMENT 

# '.

• StateofOregon Departmentof Environmental Quality 

# JANUARY 2002

# N ml!l
S1aIaof0regJn Department of EnvIronmental Quality 

## I Oregon Department of Environmental Quality 

# l arc ,

--------- ---_.-**-~ _.~~**  ----- ----**------~._--_** ..- -**--~---** ---_

.._----- 

# •

•

\



# •

# •

•

• MEMORANDUM OFAGREEMENT BETWEEN THE STATE OF OREGON AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 

# II. GENERAL



### This Memorandum of Agreement (hereinafter "Agreement") establishes policies, responsibilities, and procedures pursuant to 40 CFR 271.8 for the State of Oregon's Hazardous Waste Program1 

### (hereinafter "State Program") authorized under Section 3006 of the Resource Conservation and Recovery Act (hereinafter "RCRA" or "the Act") of 1976 (42 USC 6901 et seq.), as amended (Public Laws 94-580, 96-482, 98-616), and the United States Environmental Protection Agency (hereafter EPA) Regional Office for Region 10. This agreement further sets forth the manner in which the State and EPA will coordinate the State's administration and enforcement of the State program. This agreement is entered into by the Director of the Department of Environmental Quality (hereinafter "Director" or "the State"), and the Regional Administrator, EPA Region 10 (hereinafter "Regional Administrator" or "EPA"). For administrative purposes, the Department of Environmental Quality will serve as lead Agency to simplify coordination and communication between the State and EPA. Nothing in this Agreement shall be construed to restrict in any way EPA.'s authority to fulfill its oversight and enforcement responsibilities under RCRA. Nothing in this Agreement shall be construed to contravene any provision of 40 CFR Part 271. This Agreement does not restrict EPA's oversight authority for State program activities that are part of the Federal program, does not establish privity between EPA and the State, and does not restrict EPA's independent enforcement authority. EPA retains its independent civil and criminal enforcement authorities. EPA retains its authority to ensure full and faithful execution of the requirements of RCRA as amended, including direct implementation of HSWA for those HSWA

I The Hazardous Waste ManagementProgramin the State ofOregon is administeredby the OregonDepartmentof Environmental Quality (DEQ), Land QualityDivision. This reorganizationbecame effective on October I, 2001.

# •

• provisions the State is not authorized for. Section 3006(g) of HSWA provides that hazardous waste requirements and prohibitions promulgated pursuant to HSWA are applicable in authorized States, at the same time that they are applicable in unauthorized States, and EPA retains responsibility for the direct implementation of those provisions of HWSA that the State is not authorized to implement. EPA also retains full authority and responsibility for implementation of RCRA on Indian lands in Oregon. This Agreement may be modified upon the initiative of either party in order to ensure consistency with State or Federal program modifications made or for any other purpose mutually agreed upon, and will be reviewed as part of the Agencies' Performance Partnership Agreement (PPA) planning cycle. Any revisions or modifications must be in writing and must be signed by the State and the EPA. This Agreement will remain in effect until such time as modified and authorized pursuant to a State program revision authorization or until State program authorization is withdrawn by, or is voluntarily transferred to, EPA according to the criteria and procedures established in 40 CFR 271.22 and 40 CFR 271.23. This Agreement shall be executed by the Director and the Regional Administrator and shall become effective at the time the State's program revision authorization takes effect, which shall be the date set out in the Federal Register notice of the Regional Administrator's decision to authorize revisions to the State's authorized hazardous waste program. As of the effective date of this Agreement, this Agreement supersedes the prior Memorandum of Agreement that was effective on December 7, 1995.



# • Each of the parties to this Agreement is responsible for ensuring that its obligations under RCRA, as amended, are met. Upon granting final authorization by EPA, the State assumes primary responsibility for implementing the authorized provisions of its hazardous waste program within its boundaries except for tribal lands. The State and the EPA agree to maintain a high level of cooperation and coordination between their respective staffs in a partnership to assure successful and effective administration of the State program. EPA will oversee implementation of the authorized State program to: • Promote national consistency in implementation of the hazardous waste program; • Allow EPA to report to the President and Congress on the achievements of the hazardous waste program; and, • Encourage States and the EPA to agree on desirable technical support and targets for joint efforts to prevent and mitigate environmental problems associated with the improper management of hazardous wastes.

2

# •

•

• Oversight will be accomplished by EPA through written reporting requirements, permit overview, compliance and enforcement overview, and periodic review of the State's programs. EPA will assist the State in its efforts to conduct faster, focused and more flexible corrective actions. DEQ will conduct its corrective actions in a manner that promotes rapid achievement of cleanups while protecting human health and the environment. The DEQ will: (a) Embrace flexible, practical, results-based approaches that focus on control of human exposure and contaminated groundwater migration in the short term, with final cleanup being the long term goal; (b) Provide ready public access to information and meaningful opportunities for public involvement in the corrective action process; (c) Foster a culture of innovation, creativity, communication and technical expertise, focused on accelerating corrective actions and meeting program goals; and (d) Consider key program guidance and guidance updates.

A. General The Regional Administrator will assess the State administration and enforcement of the hazardous waste program on a continuing basis for equivalency and consistency with RCRA, with this Agreement, with all applicable Federal requirements and policies 2

### and for adequacy of enforcement. This assessment will be accomplished by EPA review of information submitted by the State in accordance with this Agreement and the PPA and associated annual grant work plan; permit overview; compliance and enforcement overview; and annual review of State program activities. The Regional Administrator may also consider, as part of this regular assessment, written comments about the State's program administration and enforcement that are received from regulated persons, the public, and Federal, State and local Agencies. Copies of any such comments received by the Regional Administrator will be provided to the State.

2These policies andguidance include, but are not limited to the OSWERConsolidated Guidance; the Office of Enforcement and Compliance assurance MOA guidance; RCRA Civil Penalty Policy dated October 26, 1990; National Criteria for a Quality Hazardous Waste Program; revised Hazardous Civil Enforcement Response Policy (April 15, 1996); EPA Policy on Performance Based Assistance (May 31, 1985); May 1, 1996 AdvancedNotice of Proposed Rulemaking for the Corrective Action Program, Setting Customer Service Standards (E/O 12862, September 11, 1993); Improving Customer Service (Fred Hansen, April 8, 1998); Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations (E.lO. 12892, February 11, 1994); and the EPA OSWEREnvironmental Justice Action Agenda (EPA 5401R-95/023, 1995).

3

# • To ensure effective program review, the Director agrees to allow EPA access to all files and other information requested by the Regional Administrator and his or her designee and deemed necessary by EPA for reviewing State program administration and enforcement. Review of the Department of Environmental Quality files may be scheduled at any time but will generally be scheduled at quarterly intervals. Program review meetings between the State and EPA will be scheduled at reasonable intervals not less than annually to review specific operating procedures and schedules, to resolve problems and to discuss mutual program concerns. These meetings will be scheduled at least fifteen (15) days in advance unless agreed to differently. B. Identification of Priority Activities 

### The State and EPA agree to develop, on an annual basis as part of the PPA and associated annual grant work plan, criteria for priority activities, including activities regarding handlers of hazardous waste. These criteria will be based on guidance issued by EPA in the annual RCRA implementation Plan (RIP) and other federal guidance documents as may be appropriate, as well as Stateidentified program objectives and priorities, and will serve to identify those activities which should receive the highest priority during the grant period. 

# • ,**".<~::::s:;.,.'",... .;~** 

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# • A. General 

### During annual State/EPA PPA planning, the State and EPA will review their information needs. B. EPA 

### EPA will keep the State informed of the content and meaning of Federal statutes, regulations, guidelines, standards, policy decisions, directives, and any other factors that affect the State Program. EPA agrees to provide this information in a timely manner. A "timely manner" means EPA will forward relevant information and materials to the State within a reasonable period of time. EPA will also provide general technical guidance to the State upon the State's request, and when information of mutual interest or concern is developed or acquired by EPA. The State and EPA have agreed to a permitting process (see Section V of this agreement), under which the State and EPA have established policies and procedures by which each will pursue its respective and/or joint responsibilities under RCRA, as amended. The State and EPA agree to the sharing of information as specified under "Section V. Permitting" and the PPA and associated annual grant work plan. Specifically included shall be the procedures

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• for sharing and coordinating the exchange of information on, but not limited to, the following: • Part A and Part B Permit Applications, whether received prior to the effective date of this Agreement or subsequent to the effective date of this Agreement and whether first received by the State or EPA; • Information indicating the status of corrective action activities; • Such other Information necessary to support the foregoing Information; • Copies of draft permits, proposed permit modifications, public notices; • Copies of final permits and permit modifications; and, • Notices of permit denials. EPA agrees to make available to the State reports and data resulting from compliance inspections within sixty (60) days of completion of the inspections. Hazardous waste handler notification identification numbers will be processed in accordance with the most recent RCRA Information Letter of Agreement and the PPA and associated annual grant work plan. EPA will make available to the State other relevant information as requested that the State needs to implement its approved program. "Make available" may mean temporary access in lieu of actual delivery to the State. Information provided to the State will be subject to the terms of 40 CFR, Part 2. C. State 

### The State agrees to inform EPA in advance of any proposed and adopted program changes that would affect the State's ability to implement the authorized program. Program changes of concern may include modification of the State's legal authorities (e.g. statutes, regulations and judicial or legislative actions affecting those authorities), modifications of Memoranda of Agreement or Understanding with other agencies, and modifications of resource levels (e.g., available or budgeted personnel and funds). The State recognizes that program revisions must be made in accordance with the provisions of 40 CFR 271.21 and that until authorized by EPA, revisions are not authorized and do not supplant RCRA Subtitle C requirements. EPA will review, comment on and advise the State as appropriate on State-proposed revisions to the State regulations within the specified public review time frame. Annually, through development of the PPA and associated annual grant work plan, EPA and the State will agree on the type and frequency of reports the State will make in order for EPA to maintain oversight of the implementation of the State's authorized program. Such reporting shall include, but not be limited to, the following:

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•

• • Compliance monitoring and enforcement information; • Information indicating the status of the State's permitting, closure, post closure, corrective action and ground-water monitoring activities; • State decision to grant variances, waivers, and delisting requests made by hazardous waste handlers; and, • Various reports designed to accurately describe the status of the State's authorized program, including reports summarizing the quantity and types of hazardous wastes generated, treated, stored and disposed in the State. The State agrees to provide EPA with a copy of each proposed variance, waiver or delisting submittal within five (5) days of receipt. The State agrees to provide EPA a copy of any decisions regarding requests made by hazardous waste handlers to change their classification (e.g., requests to be deleted as generators but to retain their facility status) and facility requests to make on-site changes prior to permit issuance (e.g., requests to handle additional wastes not identified on the facility's original notification and RCRA Part A Permit Application.) The State agrees to provide EPA with copies of reports and data resulting from any compliance inspection and subsequent enforcement actions, when EPA requests such copies. The State agrees to provide any pertinent information requested by EPA within a mutually agreed upon time frame, as necessary for EPA to carry out its oversight responsibilities. Unless otherwise agreed upon, the above information shall be sent to the EPA, Region 10. D. Data Management EPA is responsible for maintaining reliable national data on hazardous waste management. These data are used to report to the President and Congress on the achievements of the hazardous waste program and to support EPA's regulatory development efforts. Whenever EPA determines that it needs to obtain certain information, EPA will normally first seek to gain this information from the State. The State agrees to supply the Regional Administrator with this information if readily available and as resources allow. If the State is unable to provide the information or if it is necessary to supplement the State information, EPA may conduct a special surveyor perform information collection site visits after notifying the State. EPA will make available to the State any national reports developed by EPA as a result of such information collection.

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# •

• E. Emergency Situations Upon receipt of any information that the handling, storage, treatment, transportation, or disposal of hazardous waste may be endangering human health or the environment, the party in receipt of such information shall immediately notify by telephone the other party to this Agreement of the existence of such situation. The Department of Environmental Quality shall notify EPA's Oregon Operations office, 503-326-3250. The EPA shall notify the Department of Environmental Quality's Land Quality Division, 503-229-5913. F. Confidentiality Any information obtained or used in the administration of the State program shall be available to EPA upon request without restriction. If the information has been submitted to the State under a claim of confidentiality, the State must submit that claim to EPA when providing information. Any information obtained from the State and subject to a claim of confidentiality will be treated in accordance with the regulations in 40 CFR Part 2 and the provisions of 3006(f) for which the State is authorized. In no case will the name and address of a permit applicant or permittee be deemed confidential information by the State or EPA. EPA agrees to make available to the State information in its files which is not submitted under a claim of confidential business information and which the State needs to implement its program. Subject to the conditions in 40 CFR Part 2, EPA will furnish the State information submitted to EPA under a claim of confidentiality, which the State needs to implement its program. All information EPA agrees to transfer to the State will be transferred in accordance with the requirements of 40 CFR Part 2. EPA will notify affected facilities when such confidential business information is sent to the State. For any documents considered by EPA to be enforcement sensitive, EPA, in its sole discretion, will decide when to make available such documents to the State. 

# I".· PERMITTING •.



# • A. EPA Permitting Upon the effective date of authorization, EPA will suspend issuance of Federal permits imposing requirements for which the State program is receiving authorization. For those regulations EPA promulgated under HSWA authority and for additional regulations issued pursuant to EPA's HSWA authority which are not included in the State's authorized program, EPA will issue and enforce RCRA permits in the State, until the State program receives final authorization for such regulations, and issues a State permit which contains requirements for such regulations. Permits issued by EPA pursuant to HSWA authority will remain effective and enforceable until the State issues a State hazardous waste permit

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• in accordance with its authorized program, and such State-issued permit becomes effective, and until EPA revokes or modifies its permit, or those portions of a permit issued pursuant to HSWA for which the State's program has received authorization and which are included in the State permit. If the State permit already contains an equivalent HSWA provision, the State need not reissue the permit if the permit contains language, i.e., a permit condition allowing for the automatic transfer of the permit upon authorization of the state for newly authorized HSWA requirements. Permits that expire or reach expiration before the State issues a permit under its authorized program will continue in full force and effect pursuant to 40 CFR 270.51 (d) until the effective date of the State permit. Under all circumstances, the EPA-issued HSWA permit remains effective and enforceable for those HSWA requirements and prohibitions for which the State is not yet authorized. B. State Permitting The State is responsible for expeditiously drafting, circulating for applicant review and comment, issuing, modifying, reissuing or denying and terminating RCRA permits at hazardous waste treatment, storage and disposal facilities for those requirements that are a part of the authorized provisions of the State's program, and shall do so in a manner consistent with RCRA as amended by the HSWA, with this Agreement, and with all applicable Federal requirements. The State agrees to issue, modify, revoke and reissue, or deny all permits contained in the authorized portions of the State's program in accordance with Oregon Revised Statutes (ORS) and to include as permit conditions all applicable provisions of OAR 340, Divisions 100 through 120. This agreement also applies to permits issued after final authorization but for which the processing may have begun before final authorization. The State agrees not to use its broader waiver, variance or exemption authorities so that they will result in the imposition of any requirement less stringent than comparable Federal program requirements. 

## c. Joint and Dual Permitting Pursuant to Section 3006(g) of RCRA and in accordance with HSWA, EPA has the authority to issue or deny permits (or.those portions of permits) to facilities in Oregon for the requirements and prohibitions in, or promulgated pursuant to, HSWA until the State's program receives authorization for those portions of the program. Oregon shall issue permits for those provisions of RCRA, as amended, for which Oregon's Hazardous Waste Program has been authorized; EPA shallissue permit provisions for which Oregon is not yet authorized, excluding nonHSWA provisions. EPA and Oregon may jointly sign such permits or EPA and Oregon may separately issue the portion of the permit for which they are responsible under their respective signatures; however, the RCRA permit for a facility where EPA issues a HSWA portion, and for which the State issues the portion which includes the permit conditions to encompass the requirements contained in the State's authorized program, shall together constitute the whole

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• RCRA permit for such facility. Permits or permit conditions issued jointly by EPA and Oregon which contain language in the preamble providing for the automatic transfer of the permit upon authorization of the State for newly authorized HSWA requirements will transfer automatically to Oregon on the effective date of authorization. No permit condition for which Oregon's Hazardous Waste Program is not yet authorized will automatically transfer. Upon granting of final authorization, EPA and DEQ will notify all permittees for those permits which were issued under joint signature, or issued separately, and which contain a condition for the automatic transfer of authority from EPA to DEQ upon the effective date of authorization, that the Department of Environmental Quality will have prime responsibility for the future administration and enforcement of those conditions for which the State program has received final authorization. Where jointly signed or dual permits do not contain automatic transfer of authority preamble language, EPA will remain a permitting authority until the State modifies the permit and such modification becomes effective and EPA modifies or revokes its portion of the permit. Upon the effective date of the State modification of the permit, EPA will then modify or revoke its portion of the' jointly signed permit. Where EPA issues a HSWA portion of a permit under its sole signature, the HSWA permit will remain effective and enforceable until such time as the State modifies or revokes and reissues its permit to include the newly authorized HSWA requirements or, where such requirements are already included in the permit, to modify the permit to identify the newly authorized requirements as part of the State's authorized program, and such modification becomes effective and EPA modifies or revokes its portion of the permit. Upon the effective date of the State modified or revoked and reissued permit, EPA will then modify its permit or revoke its HSWA permit. The State's authorized program pertaining to permitting will be reviewed at least annually. The duties and responsibilities of EPA and the State for joint and/or dual permitting shall also be specified in the PPA and associated annual grant work plan. D. Permit Review EPA may comment on any permit application or draft permit. EPA will subscribe to the provisions of 40 CFR 271.19 (b) through (f). For all RCRA permit actions written and issued solely or jointly by the State of Oregon, there are three opportunities for EPA review: The first opportunity for review will be of the permit application submitted by the TSD facility prior to a completeness determination by the State. EPA has the

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# •

•

• opportunity to review the application to aid in determining if all appropriate technical information has been provided. The purpose of this review is to avoid a situation where a permit is drafted and then cannot be issued due to a lack of information or inadequate information in an application. EPA's review comments to the State may include the following: • A justification, based on guidance or regulation, why additional or different information is necessary; and, • A specific descnptlon of what changes may need to be made In 

### order to determine the application complete. These comments must be submitted in writing to the State in a timely manner to meet the application review schedule set forth by the State. The second opportunity for review will be of the draft permit prior to the public notice process. This is an informal review, the primary purpose of which is to identity any issues that should be resolved prior to the permit going to public comment. EPA may include in their comments the following: • A statement of the reasons for the comment (including the section of RCRA 

### and the State-authorized program regulations that support the comment); and, • The action that should be taken by the State in order to address the comments (including the conditions which the permit would include if it were issued by EPA). EPA may respond during this review period in accordance with the review schedule set forth by the State. The third opportunity for review is the formal review of the draft permit during the public comment period. During this review EPA may comment in writing on any draft permit condition or proposed permit modification, whether or not EPA commented on the permit application. Where EPA indicates in a comment that a permit condition, or issuance, modification, reissuance, termination or denial of the permit would be inconsistent with the approved State program, EPA will include in the comment: • A statement of the reasons for the comment (including the section of the State law or regulations that supports the comment); and, • The actions that should be taken by the State in order to address the comment (including the conditions that the permit would include if EPA issued it). EPA may withdraw comments when satisfied that the State has met or refuted EPA's concerns such that withdrawal of the comment is acceptable and will also provide the permit applicant with a copy of such withdrawal. If withdrawal is not

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• possible, the comment will remain in place and become an enforceable condition of the permit pursuant to 40 CFR 271.19. Upon request by the State and within EPA's resources and expertise constraints, EPA may provide technical assistance for permit actions. This assistance could be in the form of using Region 10 staff, or EPA contractor(s), as agreed to in the approved PPA and associated annual grant work plan. Under Section 3008(a)(3) of RCRA, EPA may terminate a State-issued permit in accordance with the procedures of 40 CFR Part 124, Subpart E, or bring an enforcement action in accordance with the procedures of 40 CFR Part 22 in the case of a violation of a State program requirement. In exercising these authorities, EPA will observe the conditions established in 40 CFR 271.19(e) and any other applicable authorities. E. Compliance with 40 CFR 270.3 Authorization of the State does not relieve EPA of its responsibility for compliance with other Federal laws that may apply to the issuance of permits (see 40 CFR 270.3). EPA and Oregon agree to coordinate to the greatest degree possible any permit actions as specified in 40 CFR 270.3.



## A. EPA Nothing in this Agreement shall restrict EPA's right to inspect any hazardous waste generator, transporter or facility or bring enforcement action against any person believed to be in violation of the authorized State or Federal hazardous waste program or believed to have a release of hazardous waste or hazardous constituent. Before conducting a civil inspection of a generator, transporter, or facility, EPA will normally give the State at least seven days notice of EPA's intent to inspect in accordance with 40 CFR 271.8(b)(3)(i). No such notice is required for criminal enforcement actions undertaken by EPA. Nothing in this agreement shall, or shall be construed to, constitute a valid defense by regulated parties in violation of any State or Federal environmental statute, regulation or permit. The frequency of EPA oversight and training inspections will be specified in the PPA and associated annual grant work plan. On an annual basis, EPA will negotiate with the State the percentage of the State's compliance inspections on which EPA will accompany the State.

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• The EPA may take civil enforcement action against any person determined to be in violation of RCRA in accordance with Section 3008(a)(2). Generally, EPA will take civil enforcement action upon determining that the State has not taken timely and appropriate enforcement action or upon request by the State. No such notice or determination is required for criminal enforcement actions taken by EPA. Prior to issuing a compliance order under Section 3008(a), EPA will give notice to the State. EPA retains its civil and criminal enforcement powers under Sections 3008, 3007, 3013 and 7003 of RCRA and any other applicable Federal statute. For civil actions, after notice to the State, EPA may take action under Section 3008 of RCRA against a holder of a State-issued permit on the grounds that the permittee is not complying with a condition of that permit. In addition, EPA may take action under Section 3008 of RCRA (civil or criminal) against a holder of a State-issued permit on the grounds that the permittee is not complying with a condition that the Regional Administrator, in commenting on that permit application or draft permit, stated was necessary to implement approved State program requirements, whether or not that condition was included in the final permit. B. State 

### The State agrees to carry out a timely and effective program for monitoring the compliance by generators, transporters, and facilities, including Federal facilities with applicable program requirements (see 40 CFR 271.15). As part of this program, the State will conduct compliance inspections to assess compliance with generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and all other program requirements. Compliance monitoring activities and priorities will be specified in the PPA and associated annual grant work plan and shall be consistent with all applicable Federal requirements. The State agrees to take timely and appropriate enforcement action against persons in violation of generator and transporter standards (including manifest requirements), facility standards, permit requirements, compliance schedules, and other program requirements, including violations detected by State or Federal compliance inspections. The State will maintain procedures for receiving and ensuring proper consideration of information about violations submitted by the public. The State agrees to retain all records for at least three years unless there is an enforcement action pending. In that case all records will be retained for three years after such action is resolved.

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•• I**VII.~VAILABILITY** OF INFORMATION
A. General 

### Section 3006(f) of RCRA provides that States may be authorized by the Administrator under this section if the State program provides for the public availability of information obtained by the State regarding facilities and sites for treatment, storage and disposal of hazardous wastes; and that such information is available to the public in substantially the same manner, and to the same degree, as would be the case if the Administrator of EPA were carrying out the provision of this subtitle in the State. EPA is not subject to the State FOIA process for information access. B. Requests for Information 

### Pursuant to the Federal Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(2), Oregon Revised Statutes, and OAR 340 Divisions 100 to 120, the State agrees to make certain materials routinely available without a formal FOIA request. Examples of these materials are final opinions or orders in case adjudication, State regulations, statements of Agency policy, and administrative staff manuals affecting the public. In addition, records prepared for routine public distribution will also be made available. Examples of such records are press releases, copies of speeches, pamphlets, and educational material. • The State Agency agrees to make reasonable efforts to assist a requester in identifying records being sought, and to help the requester formulate his or her request. • If a request for information is denied, the State agrees to provide the requester the basis for the denial and to notify the requester of State judicial (or, if they exist, administrative) procedures, including statutes of limitation. • The State agrees to make the fullest possible disclosure of records to the Public, subject to any of the exemptions under the Federal FOIA recognized by the State, and in accordance with the EPA authorized and equivalent statutes and regulations of the State of Oregon. A reduction or waiver of fees will be considered in connection with each request from a representative of the press or other communication medium, or from a public interest group. The State agrees to reduce or waive the fee if it determines that a reduction or waiver of the fee is in the best interest because furnishing the information can be considered as primarily benefiting the general public.

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# • C. Confidentiality of Business Information If a claim of confidentiality is asserted and cannot be resolved in the time period provided for an Agency response to a request, the State agrees to notify the requester of the confidentiality claim within the maximum 20-day time limit provided for an Agency response. In addition, the requester will be told that the request was denied in order to resolve the business confidentiality claim. 

### D. Oversight The State agrees to keep a log of denials of requests for information (or a file containing copies of denial letters sent to requesters) which will be made available to EPA during the State review. The State agrees to keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms procedures, or priorities, as applied to section 3006(f).**U~S;·ENVIRONMENTAL·PROTEcrION;'** .



### ... AGENCY**~..** 

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### DATE:

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