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ATTORNEY

GENERAL'S

STATEMENT

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State of Oregon

Department of

Environmental

Quality

JANUARY 2002
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ATTORNEY GENERAL'S STATEMENT FOR FINAL

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) of the Resource Conservation and Recovery Act, as amended by the Hazardous

and Solid Waste Amendments of 1984 (42 USC 6901 et seq), and 40 CFR 271 that 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 of Environmental 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 of January 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 of the Secretary of State. The "leading 0" was

added to all State regulations to resolve formatting and regulatory renumbering issues created

when the State began running out of numbers to use.

This Attorney General statement is the core of the State of Oregon's application for authorization

of the Hazardous Waste Management Program which is administered by the Oregon Department

of Environmental Quality (ODEQ), Land Quality Division', formerly the Waste Prevention and

Management Division. This change was made to combine resources and improve efficiency in the

Program.

The Oregon State Department of Transportation (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. If a 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 Carrier Transportation Division from the Public

Utility Commission to the ODOT.

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I. IDENTIFICATION AND LISTING

A. State statutes and regulations contain lists of hazardous wastes, which encompass all

wastes controlled under the following Federal regulations as indicated in the designated

Revision Checklists:

(27) Listing of three chemicals from wood surface protection processes, 40 CFR

261 Appendix VIII, as amended January 4, 1994 [59 FR 458], Revision Checklist

128.

Federal Authority: RCRA §3001(b).

Citation of Laws 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 State incorporated by reference with no exceptions, modifications, or changes.

(28) Listing of Beryllium (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 of Laws and Regulations; Date of Enactment 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 of four wastes (K169-KI72) generated during petroleum refining

process, 40 CFR 261.32, Part 261 Appendix VII as amended August 6, 1998 [63

FR 42110], Revision Checklist 169. .

Federal Authority: RCRA §3001(b).

Citation of Laws 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 incorporated by reference with no exceptions, modifications, or changes.

(31) Removal of five 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 of Laws and Regulations; Date of Enactment 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.

(32) Removal of two 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 of Laws and Regulations; Date of Enactment 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.

DB. State statutes and regulations replace the current Second Edition (including Updates

I and II) of the "Test Methods 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 incorporated by reference 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 and revised 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 indicated in 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 incorporated by reference 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 incorporated by reference 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 of carbamates and carbamoyl oximes of K 157 provided

the conditions in 261.3(a)(2)(iv)(F) are met as indicated in ~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 Task Force v. EPA, CA DC 95-1249, 11/1/96.

Citation ofLaws and Regulations; Date of Enactment 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.

GG. State statutes and regulations which exclude from being hazardous certain

wastewaters derived from the treatment of one or more wastes listed in 261.32, organic

waste from the production of carbamates and carbamoyl oximes of K156, provided the

conditions in 261.3(a)(2)(iv)(G) are met as indicated in 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 Task Force v. EPA, CA DC 95-1249, 11/1/96.

Citation of Laws 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.

HR. State statutes and regulations which exclude from being hazardous biological

treatment sludge from the treatment of organic wastes from the production of carbamates

and carbamoyl oximes of K156 and wastewaters from the production of carbamates and

carbamoyl oximes ofK157 as indicated in 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 of Laws 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.

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 of Laws and Regulations; Date of Enactment 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 incorporated by reference with no exceptions, modifications, or changes.

KK. State statutes and regulations include revisions of the exclusion of scrap 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 of Laws and Regulations; Date of Enactment 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 of the 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

and by-products. The State is not seeking authorization for 261.2(c)(4)!fable 1.

LL. State statutes and regulations include required test methods in EPA Publication SW846 and Third Edition of the EPA Approved Test Methods Manual "Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods" through Update ill and include

amendments as indicated in Revision 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 of Enactment 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 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 of Laws and Regulations; Date of Enactment 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.

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 of Laws and Regulations; Date of Enactment 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 of Laws and Regulations; Date of Enactment 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 incorporated by reference with the following exception:

The provisions of 261.4(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 of ores 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 of Laws and Regulations; Date of Enactment 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 of ores 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 petroleum refining 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 of Enactment 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 of Enactment 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 of a permit issued

under §404 of the Federal Water Pollution Control Act or §103 of the Marine Protection,

Research, and Sanctuaries Act as indicated in Revision Checklist 175.

Federal Authority: RCRA §§ 1006(b), 2002(a) and 3001; 40 CFR 261.4(g), as

amended November 30, 1998 (63 FR 65874).

Citation of Laws 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 of the

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, if it contains solid waste then an evaluation should be done to

determine if the solid waste that the sediment contains is hazardous. Currently,

the Federal regulation, 40 CFR 261.4(g), excludes dredged material from the

definition of hazardous waste if the material is subject to the requirements of a

permit that has been issued under 404 of the Federal Water Pollution Control

Act, or section 103 of the 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 in Revision 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 of Enactment 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 of the 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 of Laws 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 of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

F. State statutes and regulations exclude from the definition of solid 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 of Laws and Regulations; Date of Enactment 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 incorporated by 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, if at

all, it is part of or cross referenced in the State's hazardous waste regulations.

The authority is ORS 468.020 and 468a.025.

G. State statutes and regulations 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 amended August 6, 1998 (63 FR 42110).

Citation of Laws and Regulations; Date of Enactment 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 of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

III. MANAGEMENT OF DIOXIN WASTES

IV. ACCUMULATION

B. State statutes and regulations allow generators who generate 1,000 kilograms or more

of hazardous 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 of Laws and Regulations; Date of Enactment 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. PAINT FILTER TEST

VII. NATIONAL UNIFORM MANIFEST 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, addressed by Checklist 131, are

also incorporated into 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 of Laws and Regulations; Date of Enactment 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 of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

G. State statutes and regulations provide that generators and transporters of hazardous

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 of contiguous

properties, under the control of the same person, regardless of whether the contiguous

properties are divided by right-of-ways, as indicated in Revision 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 and Regulations; Date of Enactment 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. BIENNIAL REPORT

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 of Laws 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 of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

XI. GROUND-WATER MONITORING

XII. BURNING AND BLENDING OF HAZARDOUS 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 of Laws 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 incorporated by reference with the following exception.

OAR 340-105-0003 deletes the Remedial Action Plan provisions of 40 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 FOR FACILITIES

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 the recently promulgated "Delay ofClosure" 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 a mechanism 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 cost of closing the site including corrective action

and post closure requirements. The 'cash bond must be in the name of the State,

which assures its availability.

The amount of the 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 bond is provided by 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 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 of such a mechanism 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 cost of closing the site including corrective action and post closure

requirements. The cash bond must be in the name of the State, wbich assure its

availability. The amount ofthe cash bond is the amount required for closure/postclosure care of the site as determined by ODEQ or a qualified third party. The

certainty of the cash bond is provided by its (1) being funded in a timely manner

by the permittee and (2) the holding of the 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.

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 of Laws and Regulations; Date of Enactment 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 incorporated by 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 of hazardous

wastes K061, K062, and F006 as indicated in Revision Checklist 136.

Federal Authority: RCRA §3004; 40 CFR Parts 266.20(c) and 268.41(a) as

amended August 24, 199~ (59 FR 43496).

Citation ofLaws and Regulations; Date of Enactment 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 of May 26, 1998 (63 FR 28,642)

revises and prints the entire 268.40 Table of Treatment Standards. ODEQ is

seeking authorization for the rule as shown in CL 167A, see AGS Section

XXI.EE, and CL 169, see AGS Section XXI.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 of Laws and Regulations; Date of Enactment 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 incorporated by reference with the following exceptions:

1) 260.11(a) This regulation has been revised and amended further in CL 158 and

180. ODEQ is seeking authorization for the most recent version of the 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 of a discharge of a 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 of Enactment 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 incorporated by 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 of listed hazardous wastes from non-specific sources: F998,

residues from demilitarization, treatment, and testing of blister 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, container residues, 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 of chemical

munitions.

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b) storage units for storage of nerve agent must be equipped with vapor

containment mechanisms; 7-13-01. EPA's program does not require

vapor containment mechanisms in 264.1201.

c) the State deleted 264.1201 (b)(3) for purposes of storage of chemical

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 of storage of chemical agent

munitions and chemical agent bulk items, of chemical agent to mean no

detectable concentration of chemical agent outside the containment

mechanisms of the 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

Bulk Items.

Notwithstanding any otherwise applicable provisions of 40 CFR 260 to

270, or other provisions of these rules, chemical agent munitions and

chemical agent bulk items in storage as of the effective date of this 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 Federal program

defines "chemical agents" as "hazardous materials. "

c) OAR 340-108-0010, Reportable Quantities.

(1) Reportable quantity means: ...(e) Any quantity of chemical 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 of Laws and Regulations; Date of Enactment 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 in Revision Checklist 156.

Federal Authority: RCRA § 3001 and 3004(y); 40 CFR 266.205 as amended on

February 12, 1997 (62 FR 6622).

Citation of Laws and Regulations; Date of Enactment and Adoption

OAR 340-100-0002, f. & cert. ef. 7/21/00

Remarks of the 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 of Subparts 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, if nearby 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 of Laws and Regulations; Date of Enactment 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 of Laws and Regulations; Date of Enactment 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 by reference 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 of Enactment 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 amended November 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 MACT requirements of 40 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 expressly provides 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 of the Attorney General

The State incorporated by reference 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 impoundment qualifies for a special exemption under §3005(j).

Federal Authority: RCRA §3005(j)(l)&(6)(A).

Citation ofLaws arid 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 3005(j)(6)(A), (B), loss of interim 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 of Laws 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 if certain 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 incorporated by 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 of military munitions,

chemical agents or agent-contaminated materials are not accepted. Incineration

is allowed only for materials inventoried (stockpiled) as of February 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 of Laws and Regulations; Date of Enactment 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

October 22, 1998 (63 FR 56710).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks ofthe Attorney General

ODEQ did not adopt these optional Federal rules and is not seeking authorization

for them.

DD. State statutes and regulations provide for Remedial Action Plans (RAPs) as a

special form ofRCRA permit for treatment, storage or disposal of hazardous remediation

waste at remediation waste 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 incorporated by 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 permit requirements

applyto remedial action activities. Vpon review of inclusion of 270.230(e)(l),

the State has determined this regulation needs to be removed. This will be done

in the next rule 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 of Laws and Regulations; Date of Enactment 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 incorporated by reference with a modification at OAR 340-105-0041.

XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS

XVIII. EXPOSURE ASSESSMENTS

XIX. AVAILABILITY OF INFORMATION

A. State statutes and regulations provide that:

(1) All records shall be available to the public unless they are exempt from the

disclosure requirements of the Federal Freedom of Information 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 of documents EPA generally releases 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) of the 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 of a Memorandum of Agreement (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 MOA procedures 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 of the 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 of information that EPA would require to

be disclosed.]

Federal Authority: RCM §3006(f); 40 CFR §271.17(c).

Citation of Laws and Regulations; Date of Enactment 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 of 466.085)]

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 of RCRA that is not listed or identified as a hazardous waste under the

State's hazardous waste program in violation of standards or regulations for management

of such 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

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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 of Laws and Regulations; Date of Enactment 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 consistent with 40 CFR 271. 16(a)(3). ORS 466.990 and ORS 468

provide for civil penalties not to exceed $10,000 per day of violation. The OAR

340 Division 12 penalty matrix is an administrative classification of violations

and penalty amounts within the range authorized by 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 March 4, 1994 (59 FR 10550), May

6, 1998 (63 FR 24963), and July 14, 1998 (63 FR 37780).

Citation of Laws and Regulations; Date of Enactment 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 incorporated by 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 stringent by 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 of Stationary 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 of Laws and Regulations; Date of Enactment 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

most recently 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 of Laws and Regulations; Date of Enactment 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 Section XX.1.

I. State statutes and regulations include requirements related to the MACT standards

limiting emissions of chlorinated 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 of Laws 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 of 40 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 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 of Enactment 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 of Enactment 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 DISPOSAL RESTRICTIONS

T. State statutes and regulations contain treatment standards for hazardous wastes from

the production of carbamate pesticides and from primary aluminum production; contain

the treatment standards for hazardous wastes that exhibit the characteristic of reactivity;

and put back into place the LDR "Third Third" provisions for the treatment of certain

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 of May 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 of Laws and Regulations; Date of Enactment and Adoption

OAR 340-100-0002, f. & cert. ef. 7/21/00

Remarks of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

v. State statutes and regulations prohibit the land disposal of the 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 incorporated by 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 of May 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 of record 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 indicated in 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 FR 25998).

Citation of Laws and Regulations; Date of Enactment 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 treatment method 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 of Laws and Regulations; Date of Enactment 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 of Laws and Regulations; Date of Enactment 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 court ruling (98 F.3d 1394 (D.C. Cir. 1996)) which invalidated, in part, certain

EPA regulations including the land disposal prohibitions and treatment standards for the

vacated carbamate wastes as indicated in 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 of Laws and Regulations; Date of Enactment and Adoption

OAR 340-100-0002, f. & cert. ef. 7/21/00

Remarks ofthe Attorney General

The State incorporated by 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 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 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 treatment to 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 December 5, 1997 (62 FR 64504).

Citation of Laws and Regulations; Date of Enactment and Adoption

OAR 340-100-0002, f. & cert. ef. 7/21/00

Remarks of the Attorney General

The State incorporated by reference with the following exceptions:

1) The term "Administrator" in 268.44(a) - (g) is not substituted with the

"Department of Environmental 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 of the 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 in Revision 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 of Enactment 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

disposal restrictions 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· ReR A § 3004(8) and (m); 268 35 and 268 40, as amended

August 6, 1998 (63 FR 42110).

Citation ofLaws and Regulations; Date of Enactment 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 of Laws .and Regulations; Date of Enactment 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 of Laws and Regulations; Date of Enactment and Adoption

OAR 340-100-0002, f. & cert. ef. 7/21/00

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Remarks of the Attorney General

The State incorporated by reference with no exceptions, modifications, or

changes.

KK. State statutes and regulations provide for an extension of the compliance date until

November 26, 1998, for treatment standards for secondary lead slags that exhibit the

toxicity characteristic for metals as indicated in Revision Checklist 172.

Federal Authority· RCR A § 3004(d)-(k) & (m); 40 CPR 268 34(b) as amended

September 9, 1998 (63 FR48124).

Citation of Laws and Regulations; Date of Enactment 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 aluminum reduction (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 of Laws and Regulations; Date of Enactment 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 of a 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 of Laws and Regulations; Date of Enactment 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 of the 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 of 40 CFR 273.6

to 40 CFR 273.9.

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 subject to the same management requirements under

state law. Language in 340-113-020(4) which could be read to include state-only

pesticide waste in the definition of Universal 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 Water Pollution 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, if they exist, or, if standards do not exist, then

pass ODEQ's aquatic toxicity test (340-109-001O(4)(b)). "Pesticide residue"

managed other than as specified remains a hazardous waste and must be managed

pursuant to 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 of universal 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 of how the collection program will be operated.

7) OAR 340-113-0030(3) is different from the Federal program in that Oregon

restates the treatment of universal 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 if additional 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

notification requirements.

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 of off-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.

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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 of an 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 extend the 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 of off-site collection sites accumulating more than

1,000 kilograms of universal wastes to keep records of shipments of universal

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 of an 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 of an 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 extend the time limit.

16) A point of clarification 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 of universal 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 received by 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 a permit for the sole

purpose ofreclaiming universal waste lamps. This is consistent with the Federal

rule at 273.60.

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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 142 Band 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 December 24, 1998 (63 FR 71225).

Citation of Laws 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 of the Attorney General

The State incorporated by 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

Management Act (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 or transport universal 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,see AGS 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

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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 and regulations include hazardous waste thermostats as a universal waste

as indicated in Revision 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 of Laws and Regulations; Date of Enactment 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 of Laws and Regulations; Date of Enactment 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 of the Attorney General

The State incorporated by 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

stringent because 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),

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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 of Enactment 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 not redesignate 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.

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The State is seeking authorization for the following rules:

1) OAR 340 104 0001(6) PersoDs reeei'~ing off-site solid waste which becomes

hazardous waste by virtue of Federal or State statute or regulation and who treat or

dispose of such waste shall comply with the applicable requirements of OAR

Chapter 340, Divisions 100 to 106, 120, and 40 CFR Parts 264 and 265 and must

receive a final permit before 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 are required to receive a final hazardous waste permit before

managing such wastes.

2) OAR 340-102-0011(3) (3) A person who generates a residue, as defined in OAR

340-100-0010(2)(z), must keep a copy of the documentation used to determine

whether the residue is a hazardous waste, under section (2) of this rule, for a

minimum of three years after the 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, if available, of "knowledge of process" hazardous

waste determinations for at least three years. This is different than the federal program

which does not require documentation of "knowledge of process determinations" to be

maintained on site ofthe determination.

3) OAR 340-102-0034(2). (2) A generator shall comply with provisions found in 40

CFR, Part 262 and each applicable requirement of 40 CFR 262.34(a), (b), (c), (d),

(e), and (f),

History: f. & cert. ef. 3-22-94

Remarks ofthe Attorney General:

. This is an additional enforcement requirement to 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 other management requirements in 262.34. It does not replace or supercede the

ODEQ's capability to cite for "storing without a permit."

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4) OAR 340-102-0040. 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 of all reports

for a period ofthree years. EPA does not require "Small Quantity Generators" to

report waste generated; therefore no report need 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 requirement which 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:

OAR 340-109-0001. Management of Pesticide Wastes, 261.24(a). In 1996, ODEQ

provided the option for state-only pesticide residue to be managed consistentwith

the requirements of the Universal Waste Program. State-only pesticide residues are

not included in the definition of Universal Waste even though they are subject to 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 of Universal

Waste will be clarified at the next rule making to make it clear that such waste is not

Universal Waste.

These are changes to Oregon rules that don't relate to previously authorized federal

. rules.

• Wastes Requiring Special Management. 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 Generator Fees. OAR 340-102-0065. The ODEQ requires

hazardous waste generators to pay fees for hazardous wastes that they produce. The

fees are based on the volume ofhazardous waste and the management methods.

• 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 responsible party.

• Facility Fee Late Charges and Collections. OAR 340-105-0130. ODEQ charges late

fees on uncollected invoices.

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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 the privilege only

for criminal investigations. This means a company may not claim the privilege for

self-audit documents in a criminal 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 Department ofAgriculture 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 program where dry cleaners are relieved

of cleanup liability but are responsible for providing revenue to clean up these

contaminated sites. SB 463 clarifies eligibility for liability protection under the law;

clarifies waste minimization requirements of dry 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), ballast water regulation. The bill generally prohibits

discharge of ballast water into waters ofthe state, and requires vessels to report

ballast water information 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 ballast water management.

This.legislation was written to address and "regulate" ballast water that 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 compliance with the fee provisions ofthe dry cleaner law.

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• HB 3616 (ORS 465.315), for contaminated soils, changed the preference for

treatment of "hot spots" to a preference for treatment or excavation and off-site

disposal. ORS 465.315 was changed to allow excavation and off-site disposal ofhot

spot hazardous substances. Prior to that treatment was the "preferred choice." OAR

340-122-085 and -090 were then amended to be consistent with the law and to

"allow" a responsible party to use excavation and off-site disposal equal with that of

treatment to manage hazardous substances, including hazardous wastes. However,

these rule changes did not change any RCRA requirements.

1997

• HB 3457 (ORS 459.501-521). Directs the ODEQ to establish by rule, criteria for

Green Permits. The EQC must specify procedures for the application, review and

public participation in the green permit process. The Green Permits' program uses

regulatory incentives to encourage results better than those required by law, including

superior performance in both regulated and unregulated aspects. Thus, a company's

overall environmental impact should be less. EPA, ODEQ and Lane Regional Air

Pollution Authority entered into a MOA, 6/1/00, to guide the working partnership of

the Agencies in implementing the Green Permits Program. The Hazardous Waste

Program will implement its program in a manner consistent with the MOA. Rules for

Green Permits are in OAR 340-014-0100 - OAR 340-014-0165. Green Permits

affect the authorized program in that regulatory requirements may be waived and

permits modified as an incentive in encouraging higher levels of environmental

performance. The facility must demonstrate that its environmental performance is

significantly better than otherwise required by law in order to quality for a Green

Permit. The facility would still be subject to.the authorized hazardous waste program

as modified by the Green permit (ORS 468.511). Oregon rules (OAR 340-014-0145)

include procedures for requesting EPA assistance in reviewing requested waivers. A

Memorandum ofUnderstanding signed by the agencies in May 2000 describes the

process by which the agencies will review the requested waivers and determine

whether federal action is needed to implement the requested waiver. In some cases,

EPA may have to modify the federal program vis-a-vis a rule change in order to

implement the waiver or modification. As noted in the MOA between ODEQ,

LRAPA, and EPA of 6/1/00, page 1: "Implementation ofthis MOA will be

conducted in a manner consistent with ODEQ and LRAPA's responsibilities under

approved, authorized, or delegated federal programs. This agreement will remain in

effect for the duration ofthe Oregon Green Permit Program, or until modified or

terminated by one or more ofthe signatories. This agreement does not alter the

existing authorities or responsibilities ofthe Agencies, nor is it intended to supersede

any other agreement between the Agencies or restrict their independent enforcement

authorities."

• HB 3571. Environmental Audit privilege. (please refer to HB 3536,2001, which

removed the impact ofHB 3571 on Oregon's authorized program).

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• SB 420. ODEQ bill addressing inequities in hazardous waste fee system; establishes

cost recovery for processing permit 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 reduction planning requirements; allows certain

users oftoxic chemicals to develop customer education programs in lieu ofmeeting

reduction plan requirements and encourages reduction planning for smaller

businesses by extending the 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 authorized program.

• 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 of chemical agents

is located to determine the effects on communities within the county 'of destroying the

chemical agents, and to charge an annual fee to mitigate the effects. This applies to

the nerve agent incineration at Umatilla Chemical Incineration facility. HB 3740 does

not affect the authorized program. It only gives the county the authority to collect

money from the Army on prospective impacts from the incineration ofnerve agents.

1995

• HB 3460. Lowered the hazardous waste disposal fee until December 31, 1997 for a

subset of hazardous wastes received at the state's only hazardous waste disposal site

in Arlington, Oregon.

• HB 3216. Establishes a dry cleaner environmental response account and waste

management requirements for dry cleaners. The statute effectively eliminatesthe

disposal of F002ID039 drycleaner hazardous waste in solid waste landfills, and

disposal ofsolvent contaminated wastewater in 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
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Addendum to the Attorney General Statement

April 29, 2002

Dry Cleaner Liability: The Oregon statute (ORS 465.500. "Cleanup of

Contamination Resulting from Dry Cleaning Facilities") creates a clean up fund for Dry

Cleaner sites. It also establishes stringent waste management requirements above and

beyond RCRA for Dry Cleaner waste. The statute exempts Dry Cleaners

(owners/operators) from clean-up liability unless 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 cost recovery 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 "Chinese Wall"

between the technical assistance and enforcement staff.

48
IV.

OF AGREEMENT

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•

State ofOregon

Department of

Environmental

Quality

JANUARY 2002
N

ml!l

S1aIa of0regJn

Department of

EnvIronmental

Quality I Oregon Department of Environmental Quality

l arc ,

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

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MEMORANDUM OF AGREEMENT

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 Management Program in the State ofOregon is administered by the Oregon Department of

Environmental Quality (DEQ), Land Quality Division. This reorganization became effective on October I, 2001.
•

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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.

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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 2and 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.

2 These policies and guidance include, but are not limited to the OSWER Consolidated 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 Advanced Notice 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 OSWER Environmental Justice Action Agenda (EPA 5401R-95/023, 1995).

3
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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:;.,.'",... .;~

.- ~:.::..~,>, ':_.I,". _.'::::., ',-:

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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

4
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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.

6
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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 •.

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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 shall

issue 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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IVII.~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 ~.. .'- ..

REGION to::

STATEOFOREGON·.·.

DATE: __----.:::~-=_=_---=--= _

•

•

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