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III. Attorney General Statement

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Oregon

Department of Environmental Quality

June 1994
. (;

ATTORNEY GENERAl STATEMENT

TABLE OF CONTENTS

1.

~ational. Uniform Manifest System and Recordkeeping

.Exposure Assessments

J

Burning of Waste Fuel and Used Oil Fuelin Bo'i1ers and

Industrial Furnaces

Identification and Listing

Definition of Solid Waste

Paint Filter. Test

Waste Minimization

Liquids in Landfills

Ground-water Monitoring

Burning and Blending of HazardousWaste

Hazardous Waste Exports .

,.

Standards for Facilities

Requirements for Permits

Minimum Technological Requlrements

xv. - 'Land DisposaLRestrictions

XVI. Memorandum of Agreement (IV\OA) \

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40
• ATIORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION

FOR CHANGES TO THE FEDERAL RCRA PROGRAM FROM

JANUARY 1985 THROUGH JUNE 1993

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 in 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 (DEQ). 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, or

shall be as specified below. These authorities and this certification supplement previously certified

authorities granted January 30, 1986, FR 51, page 3779, effective January 31, 1986; and March

30, 1990, FR 55, page 11909, effective May 29, 1990.

I. IDENTIFICATION AND LISTING

A. Environmental Quality Commission (EQC) requlations contain lists of hazardous

waste which encompass all wastes controlled under the following Federal

regulations as indicated in the designated Revision Checklists:

(1) TDI, DNT and TDA wastes, 40 CFR 261.32 and 261.33(f), as amended

October 23, 1985 [50 FR 42936-43], Revision Checklist 18.

~. (2) Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR

53319-20] and January 21, 1986 [51 FR 2702], Revision Checklist 20.

(3) EDB wastes, 40 CFR 261.32, and Part 261 Appendices II, III and VIII, as

amended February 13, 1986 [51, FR 5330], Revision Checklist 21.

(4) Four spent SOlvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices

. III, VII and VIII as amended February 25, 1986 (51 FR 6541), Revision

Checklist 22.

(5) Listing of commercial chemical products and Appendix VIII constituents, 40

CFR 261.33 and Part 261 Appendix VIII, as amended July 10, 1987 (52 FR

26012), Revision Checklist 41; and as amended April 22, 1988 (53 FR

13382), Revision Checklist 46 (note: The Department's already authorized

for Checklist 29).

(6) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as

amended on October 24, 1986 [51 FR 37725], Revision Checklist 33.

(7) Generic delisting of iron dextran (CAS No. 9004-66-4), 40 CFR 261.33(f)

and Appendix VIII, as amended October 31,1988 [53 FR 43878], Revision

Checklist 56.

\ (8) Generic delisting of strontium sulfide (CAS No. 1314-96-1),40 CFR

..

261.33(e) and Part 261 Appendix VIII, as amended October 31, 1988 [53
• FR 43881] and February 25, 1991 [56 FR 7567], Revision Checklists 57

and 86.

(9) Dioxin wastes are listed and otherwise identified as hazardous wastes so as

to encompass all such wastes controlled under 40 CFR 261.5(e), 261.7(b),

261.30(d), 261.31,and 261.33(f), as amended January 14, 1985 [50 FR

1978], Revision Checklist 18.

(10) Listing of two wastes (K131 and K132) generated during the production of

methyl bromide, 40 CFR 2611.32 and 261 Appendices II and VII, as

amended October 6, 1989 (54 FR 41402), Revision Checklist 68.

(11) Listing of.one generic category (F025 of waste generated during the

manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed

processes and amending F024, 40 CFR 261.31 and 261 Appendix VII;

adding one toxicant to 261 Appendix VIII; as amended December 11,·1989

(54 FR 50968), Revision Checklist 69.

(12) Amendments to the F019 hazardous waste listing to exclude wastewater

treatment sludge from zirconium conversion coating process, 430 CFR

261.31, as amended February 14,1990 (55 FR 5340), Revision Checklist

72.

(13) Listing of four wastes (K107-K110) generated during the production of 1,1-

dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 450 CFR

• 261.31 and Part 261 Appendices III and VII, as amended May 2, 1990 (55

FR 18496), Revision Checklist 75.

(14) Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as

amended June 1, 1990 [55 FR 22520] and January 31, 1991 [56 FR 3864],

Revision Checklists 78 and 83.

(15) Listing of two wastes (F037 and F038) generated in the separation of

oillwater/solids from petroleum refinery process wastewaters and oily

cooling wastewaters, 40 CFR 261.31 and Part 261 Appendix VII, as

amended November 2, 1990 [55 FR 46354] and December 17, 1990 [55 FR

51707], Revision Checklist 81.

(16) Listing of three wastes (F032, F034 and F035) from wood preserving

operations that use chlorophenolic, creosote and/or inorganic (arsenical and

chromium) preservatives, 40 CFR 261.31, and 261 Appendices III, VII and

VIII, as amended December 6, 1990 [55 FR 50450], Revision Checklist 82.

(17) Administrative stay removing, from the K069 listing, slurries generated from

air pollution control devices that are intended to capture acid gases and are

not dedicated chiefly to control particulate air emissions, 40 CFR 261.32, as

amended May 1, 1991 [56 FR 19951], Revision Checklist 88.

(18) Redefinition of F037 and F038 listings to exclude 1) sludges from noncontact once-through cooling waters from both listings and 2) floats

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(19)

(20)

(21)

(22)

generated in aggressive biological treatment units from the F038 listing, 40

CFR 261.31 as amended May 13,1991 [56 FR 21955], Revision checklist

89.

Listing of spent potliner from aluminum production (K088), 40 CFR 261.32

and Part 261, Appendix VII as amended September 13, 1988 (53 FR

35412), Revision Checklist 53.

Exceptions to listings of F032, F034, and F035 for wastewaters that have

not come into contact with process contaminants, 40 CFR 261.31 as

amended December 24, 1992 [57 FR 61492], Revision Checklist 120.

Exception to listing of F032 for potentially cross-contaminated wastes that

are otherwise currently regulated as hazardous wastes (Le., F034 or F035),

and where the generator does not reserve or initiate the use of

chlorophenolic formulations, 40 CFR 261.31 as amended December 24,

1992 [57 FR 61492], Revision Checklist 120.

Listing of seven wastes (K141, K142, K143, K144, K145, K147, and K148)

generated during the production, recovery and refining of coke by-products

produced from coal, 40 CFR 261.32, and Part 261 Appendix VII as

amended August 18, 1992 [57 FR 37284], Revision Checklist 110.

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(23) Listing of three wastes (K149, K150, and K151) from the production of

chlorinated toluenes, 40 CFR 261.32 and 261 Appendix VII, as amended

October 15, 1992 [57 FR 47376], Revision Checklist 115.

Citation: OAR 340-100-002(1) revised October 16,1992 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC. For

Checklist 41, the more stringent OAR 340-109-020(1) requires that all "empty" rigid

containers that have held pesticides be rinsed a minimum of three times before they may

be managed as ordinary solid waste. Authority to adopt these regulations is provided

under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

B. EQC regulations define hazardous waste so as to control the generation,

transportation, treatment, storage and disposal of hazardous waste produced by

small quantity generators of between 100 and 1,000 kilograms/month as indicated

in Revision Checklist 47 (providing technical corrections to Checklist 23. Note:

The Department's already authorized for Checklist 23). EQC regulations also

require small quantity generators to certify good faith efforts to minimize waste

generation and to select the best available and affordable treatment, storage or

disposal alternatives, 40 CFR 262 as amended October 1, 1986 [51 FR 35190],

Revision Checklist 32 (see Item IX below).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR Part 262 published in 51 FR 35190 (October 1, 1986) and

amendments to 40 CFR 261.5 published in 53 FR 27162 (July 19, 1988). OAR 340-102-

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060 is more stringent than Part 262 in that emergency telephone numbers are required for

the transporters, and facility and EPA/State hazardous waste codes need to be entered

onto the uniform hazardous waste manifest. Authority to adopt these regulations is

provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3001(d); 40 CFR Parts 260-263 and 270 as amended March

24, 1986 (51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR

27162).

C. EQC regulations provide authority to delist hazardous waste as indicated in

Revision Checklist 178.

(1) EQC regulations require that before deciding to delist a waste, the State

must consider whether any listing factor (including additional constituents)

other than those for which the waste was listed would cause the waste to

be hazardous.

Federal Authority: RCRA §3001(f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 FR

28702) and June 27, 1989 (54 FR 27114).

(2) EQC regulations require that there be no new temporary delistings without

prior notice and comment. All temporary delistings received before

November 18, 1984 without the opportunity for public comment and full

consideration of such comment, shall lapse if not made final by

November 8, 1986.

Federal Authority: RCRA §3001(f)(2); 40 CFR 260.20(d) as amended July 15, 1985 (50 FR

28702).

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR 260.22 published in 50 FR 28702 (July 15, 1985). Authority to

adopt these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

D. EQC regulations define hazardous waste so as to not exclude household waste

other than those household wastes excluded in 40 CFR 261.4(b)(1), as amended

November 13, 1984 [49 FR 44980], July 15, 1985 (50 FR 28702) and as indicated

in Revision Checklists 9 and 17C (note: The Department's already authorized for

Checklist 9).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR 261.4(b)(1) published in 49 FR 44980 (November 13,1984) and in

50 FR 28702 (July 15, 1985). Authority to adopt these regulations is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

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Federal Authority: RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13,1984 (49

FR 44980) and July 15, 1985 (50 FR 28702).

E. EQC regulations incorporate the most recent edition and updates to "Test Methods

for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as /indicated in

Revision Checklists 11 and 35 (note: The Department's already authorized for

Checklist 11).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR 260.11, 260.21 and 270.6(a) published in 49 FR 47391 (December

4, 1984); and incorporates by reference the amendments to 40 CFR 260.11, 260.21 and

270.6(a) published in 52 FR 8072 (March 16, 1987). OAR 340-100-011 is broader in

scope than 40 CFR 260.11 by making additional references available at the Department's

Headquarters. Authority to adopt these regulations is provided under ORS 183.355, OAR

165-26-010, ORS 466.020 and ORS 466.086:

Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended

December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072).

F. EQC regulations exempt (with certain limitations) waste samples used in small

scale treatability studies from Subtitle C regulation as indicated in Revision

Checklist 49.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR 260.10 and 261.4(e) and (f) published in 53 FR 27290 (July 19,

1988). Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-010,

ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19,

1988 (53 FR 27290).

G. EQC regulations provide for the hazardous waste listing of six wastes as K064,

K065, K066, K088, K090, K091 as indicated in Revision Checklist 53.

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 261.32 published September 13, 1988 in 53 FR 35412. Authority to adopt

this regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

466.086.

Federal Authority: RCRA §3001(b); 40 CFR 261.4(b)(7) as amended September 13, 1988

(53 FR 35412).

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• H. EQC regulations incorporate 47 new testing methods as approved methods for use

in meeting the regulatory requirements under Subtitle C of RCRA as indicated in

Revision Checklists 67 and 73. .

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Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the 40

CFR 260.11 and Part 261 Appendix III as amended September 29,1989 (54 FR 40260)

and March 9, 1990 (55 FR 8948). Authority to adopt this regulation is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261

Appendix III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR

8948).

I. EQC regulations extend until January 25, 1993, the compliance date for the Toxicity

Characteristic requirements for produced ground water from free phase

hydrocarbon recovery operations at certain petroleum industry sites (refineries,

marketing terminals, and bulk plants) as indicated in Revision Checklist 80. The

extension for infiltration galleries at such operations ends on October 2, 1991.

Citation: OAR 340-100-002(1), revised October. 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(b)(lI) as amended October 5,1990 (55 FR 40834), February 1, 1991 (56 FR

3978) and April 2, 1991 (56 FR 13406). Authority to adopt this regulation is provided under

ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: 5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(II) as

amended October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2,

1991 (56 FR 13406).

J. EQC regulations revise existing toxicity characteristics by replacing the Extraction

Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure

(TCLP) for identifying wastes that are defined as hazardous and subject to .

regulation under Subtitle C of RCRA as .indicatedin Revision Checklist 74. EQC

regulations also provide for the addition of 25 organic chemicals and their

regulatory levels to the list of toxic constituents of concern as indicated in Revision

Checklists 74 and 108.

Citation: OAR 340-100-002(1), revised March 15,1991 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 261, 264,265 and 268 as amended March 29, 1990 (55 FR 11798), and June

29, 1990 (55 FR 26986). Authority to adopt these regulations is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002(a),'3001, 3002, 3004, 3005 and 3006; 40 CFR

Parts 261, 264, 265 and 268 as amended March 29, 1990 (55 FR 11798), and June 29,

1990 (55 FR 26986).

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• K. EQC regulations include definitions of oillwater/solids and aggressive biological

treatment units and a statement concerning the point of generation for F037 and

F038 sludges as indicated on Revision Checklist 81.

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Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.31(b), as amended November 2, 1990 (55 FR 46354) and December 17, 1990

(55 FR 51707). Authority to adopt these regulations is provided under ORS 183.355, OAR

165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 261.31(b), as amended November 2,1990 (55

FR 46354) and December 17, 1990 (55 FR 51707).

L. EQC regulations contain the language to reflect EPA's intent and consistent

interpretation of the criteria for listing wastes as hazardous under RCRA as

indicated in Revision Checklist 76.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.11(a)(3) as amended May 4,1990 (55 FR 18726). Authority to a adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3001(a); 40 CFR 261.11(a)(3) as amended May 4,1990 (55 FR

18726).

M. EQC regulations exclude from being a solid waste spent wood preserving solutions

that have been used and are reclaimed and reused for their original intended

purpose as indicated in Revision Checklists 82 and 92.

Citation: OAR 340-100-002(1), revised October 16,1992, and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(a)(9) as amended December 6,1990 (55 FR 50450) and July 1, 1991 (56 FR

30192). OAR 340-102-034 is more stringent than 40 CFR 262.34 in that if storing in

excess of 100 containers, the storage unit must meet the requirements of 40 CFR 264.75.

Authority to a adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS

466.020 and ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55

FR 50450) and July 1, 1991 (56 FR 30192).

N. EQC regulations contain an administrative stay, until October 31, 1992, for the

requirement that existing drip pads be impermeable as indicated in Revision

Checklist 101.

Citation: OAR 340-100-002(1) revised October 16, 1992.

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Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.573(a)(4), and 265.443(a)(4) as amended February 18, 1992 (57 FR 5859).

Authority to a adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS

466.020 and ORS 466.086. The Department assumes that the impermeability requirement

for existing drip pads was resumed after October 31, 1992).

Federal Authority: RCRA §; 40 CFR 264.573(a)(4), and 265.443(a)(4) as amended

February 18, 1992 (57 FR 5859).

O. EQC regulations add eight new testing methods to the section of regulations that

incorporates these methods by reference as indicated in Revision Checklist 79.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260.11 (a) as amended June 21, 1990 (55 FR 25454). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3001, 3004, 3005 and 3006; 40 CFR 260.11(a) as amended

June 21, 1990 (55 FR 25454).

P. EQC regulations allow deletion of certain hazardous waste codes following

equipment cleaning and replacement, provided that the requirements of 261.35 are

met, as indicated in Revision Checklists 82 and 92.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference 40 CFR 261.35 as adopted by

the EQC and as amended December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR

30192). Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR

50450) and July 1, 1991 (56 FR 30192).

Q. EQC regulations which exclude from being hazardous used chlorofluorocarbon

(CFC) refrigerants from totally enclosed transfer equipment (including mobile air

conditioning systems, mobile refrigeration, and commercial and industrial air

conditioning and refrigeration systems) that use chlorofluorocarbons as the heat

transfer fluid in the refrigeration cycle, provided the refrigerant is reclaimed for

further use as indicated in Revision Checklist 84.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(b)(12) as amended February 13, 1991 (56 FR 5910). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

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Federal Authority: RCRA §3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 (56

FR 5910).

R. EQC regulations exclude from being a solid waste coke and coal tar from the iron

and steel industry that contains or is produced from decanter tank tar sludge, EPA

hazardous waste K087, when used as a fuel as indicated in Revision Checklist 85.

The process producing the coke and coal tar from such decanter tank tar sludge in

a coke oven is also excluded from regulation.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR261.4(a)(10) and 261.6(a)(3)(vii)-(ix) as amended February 21,1991 (56 FR 7134).

Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS

466.020 and ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 261.4(a)(10) and 261.6(a)(3)(vii)-(ix) as amended

February 21, 1991 (56 FR 7134).

S. EQC regulations do not exclude residues derived from the burning or processing of

hazardous waste in a boiler or industrial furnace, from the definition of a hazardous

waste under 40 CFR 261.4(b)(4),(7)or(8) if the owner or operator meets the

requirements of 40 CFR 266.112 as indicated in Revision Checklist 85.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(b)(4), 261.4(b)(8) and 266.112 as amended February 21,1991 (56 FR 7134).

(Note: The Department has deleted 261.4(b)(7) and did not incorporate 40 CFR

261.4(b)(7) amendments under 56 FR 7134. OAR 340-101-004(2) is more stringent than

40 CFR 261.4(b)(7) in that all processing wastes are subject to regulation. Authority to

adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §3001; 40 CFR 261.4(b)(4), 261.4(b)(7), 261.4(b)(8) and 266.112

as amended February 21, 1991 (56 FR 7134).

1. EQC regulations which exclude from being a hazardous waste certain

nonwastewater residues resulting from high temperature metals recovery of K061

provided the conditlons in 261.3(c)(2)(ii)(C) are met as indicated in Revision

Checklist 95.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.3(c)(2)(ii)(C) as amended August 19, 1991 (56 FR 41164). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

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Federal Authority: RCRA §§3001, 3004(d)-(k) and (m); 40 CFR 261.3(c)(2)(ii)(C) as

amended August 19, 1991 (56 FR 41164).

(1). EQC regulations which exclude from being a solid waste. nonwastewater

splash condenser dross residue from the treatment of K061 in high

temperature metals recovery units provided the requirements of

261.4(a)(11) are met as indicated in Revision Checklist 95. "':'

Citation: OAR::340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(a)(11) as amended August 19, 1991 (56 FR 41164). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §S3001, 3004(d)-(k) and (rn): 40 CFR 261.4(a)(11) as amended

August 19, 1991 (56 FR 41164).

(2) EQC regulations exempt, from the definition of hazardous, used oil filters

meeting the 40 CFR 261.4(b)(15) criteria as indicated in Revision Checklist

104.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(b)(15) as amended May 20, 1992 (57 FR 21524). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§ 1004, 1006, 2002, 3001 and 3014; 40 CFR 261.4(b)(15) as

amended May 20, 1992 (57 FR 21524).

(3) EQC regulations exclude from being a solid waste K060, K087, K141, K142,

K143, K144, K145, K147 and K148, and those coke by-product residues

that are hazardous only because they exhibit the Toxicity Characteristic

when, subsequent to generation, these wastes are recycled by being

returned to coke ovens, to the tar recovery process as a feedstock to

produce coal tar, or mixed with coal tar as specified in Revision Checklists

105 and 110.

Citation: OAR 340-100-002(1), revised October 16,1992 and March 11,1994

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.4(a)(10) as amended June 22, 1992 (57 FR 27880) and August 18, 1992 (57 FR

37284). Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3001(e)(2) and (h); 40 CFR 261.4(a)(1 0) as amended June 22,

1992 (57 FR 27880) and August 18, 1992 (57 FR 37284).

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• (4) EQC regulations require that generators, of between 100 and 1000 kg/mo of

hazardous waste, file .an exception report in those instances where the

generator does not receive confirmation of delivery of his hazardous waste

to the designated facility as indicated in Revision Checklist 42.

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Citation: OAR 340-100-002(2) revised October 16, 1992.

Comments: OAR 340-100-001(2) incorporates by reference as adopted by EQC 40 CFR

Parts 262.42 and 262.44 as amended September 23, 1987 (52 FR 35894) except 340-102-

044 supersedes 262.42(b) and requires Small Quantity Generators to comply with the

requirements for Large Quantity Generators found in 40 CFR 262.42 and 262.42(a) and (c)

as adopted by reference. OAR 340-102-044 is broader in scope because more facilities

are affected under the state requirement than under the federal.

Federal Authority: RCRA §§3001(d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as

amended September 23, 1987 (52 FR 35894).

(5) EQC regulations do not require the use of the spike recovery correction as

part of the Toxicity Characteristic Leaching Procedure as indicated in

Revision Checklist 119.

Citation: OAR 340-100-002(1) revised on March 11, 1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by EQC 40 CFR

261, Appendix II, as amended November 24, 1992 (57 FR 55114) and February 2,1993

(58 FR 6854). Authority to adopt this regulation is provided under ORS 183.355, OAR

165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002, 3001, 3002 and 3006; 40 CFR 261, Appendix II,

as amended November 24, 1992 (57 FR 55114) and February 2, 1993 (58 FR 6854).

U. EQC regulations:

(1) provide final criteria to define Bevill-excluded mineral processing wastes,

finalize the Bevill status of nine mineral processing waste streams, and list

those mineral processing wastes subject to conditional retention as

indicated in Revision Checklist 65.

Citation: OAR 340-100-002(1), revised March 11,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 261.3

and 261.4 as amended September 1, 1989 (54 FR 36592) and by OAR 340-101-004(2).

OAR 340-101-004(2) narrows the federal exclusion by leaving processing residue as solid

waste thereby making the state regulation more stringent. Authority to adopt this regulation

is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3001 (b); 40 CFR 261.3 and 261.4 as amended September 1,

1989 (54 FR 36592).

11
'. (2) remove five conditionally retained mineral processing wastes from the

exemption from hazardous waste regulation under the Bevill exclusion, and

amend the definitions of "beneficiation" and "designated facility" as

indicated in Revision Checklists 71 and 90.

•

•

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260.10 as amended January 23, 1990 (55 FR 2322) and June 13, 1991 (56 FR

27300). OAR 340-101-004(2) narrows the federal exclusion by leaving processing residues

as solid waste thereby making the state regulation more stringent. Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

FederalAuthority: RCRA §3001 (b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended

January 23, 1990 (55 FR 2322) and June 13, 1991 (56 FR 27300).

V. EQC regulations require that generators who ship hazardous waste to a designated

facility in an authorized state which has.not yet obtained authorization to regulate

that particular waste as a hazardous waste assure that the designated facility

agrees to sign and return the manifest to the generator, and that any out-of-state

transporter signs and forwards the manifest to the designated facility, as indicated

in Revision Checklist 71.

Citation: OAR 340-100-002(1) revised March 11,1991 .

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 262.23(e) as amended on January 23, 1990 (55 FR 2322). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR 262.23(e) as amended on

January 23, 1990 (55 FR 2322).

II. DEFINITION OF SOLID WASTE

EQC regulations include as solid waste secondary material, fed to a halogen acid furnace,

that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste in 40

CFR 261, Subparts C and D as indicated in Revision Checklists 85, 96, and 111.

Citation: OAR 340-100-002(1), revised October 16,1992 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 261.2(d)(2) and (e)(2)(iv) as amended February 21,1991 (56 FR 7134) and

August 27, 1991 (56 FR 42504), and August 25, 1992 (57 FR 38558). Authority to adopt

this regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

12
•

III.

Federal Authority: RCRA §3001; 40 CFR Part 261.2(d)(2) and (e)(2)(iv) as amended

February 21, 1991 (56 FR 7134), August 27, 1991 (56 FR 42504) and August 25, 1992 (57

FR 38558).

PAINT FILTER TEST

EQC regulations require the use of a paint filter test to determine the absence or presence

of free liquids in either a containerized or bulk waste as indicated in Revision Checklists

17F and 25 (Note: Checklist 16 was previously authorized).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC

amendments to 40 CFR Parts 260, 264, 265 and 270 published in 50 FR 18370 (April 30,

1985); 50 FR 28702 (July 15, 1985); and 51 FR 29176 (May 28, 1986). Authority to adopt

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as

amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR 28702) and May 28, 1986

(51 FR 19176).

IV. NATIONAL UNIFORM MANIFEST SYSTEM, RECORDKEEPINGAND BIENNIAL REPORT

•

A. EQC regulations require generators to use the national uniform manifest as

indicated in Revision Checklists 5 and 32 (Note: Checklist 5 was previously

authorized).

•

Citation: OAR 340-100-002(1) and OAR 340-102-060, revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC

amendments to 40 CFR Parts 260 and 262 published in 49 FR 10490 (March 20, 1984);

and incorporates by reference amendments published in 51 FR 35190 (October 1,1986).

OAR 340-102-060 is more stringent than Part 262 in that emergency telephone numbers

are required for the transporters, and facility and EPA/State hazardous waste codes need

to be entered onto the uniform hazardous waste manifest. Authority to adopt these

regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR Parts 260 and 262 as amended

March 20, 1984 (49 FR 10490) and October 1, 1986 (51 FR 35190).

B. EQC regulations require that the following be recorded, as it becomes available,

and maintained in the operating record, until facility closure, as indicated in

Revision Checklist 45: monitoring, testing or analytical data, corrective action

where required by Subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278,

264.280, 264.303, 264.309, 264.347, and 264.602.

Citation: OAR 340-100-002(1) and OAR 340-105-014, revised March 15, 1991.

13
•

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••

v.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC

amendments to 40 CFR 264.73(b) published in 52 FR 46946 (December 10, 1987).

Depending on the type of additional information required by the Department, OAR 340-105-

014 may be either more stringent or broader in scope than Part 270. Authority to adopt

this regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.73(b) as amended December

10, 1987 (52 FR 46946).

C. EQC regulations include a burden disclosure statement with each uniform manifest

form and renew the use of this form as indicated in Revision Checklist 58.

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 262.20 and 262 Appendix as published November 8, 1988 (53 FR 45089). Authority

to adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

Federal; Authority: RCRA §§2002, 3002, and 3003; 40 CFR 262.20 and Part 262

Appendix as amended November 8, 1988 (53 FR 45089).

WASTE MINIMIZATION

EQC regulations contain the following requirements regarding waste minimization as

indicated in Revision Checklists 170, 30 and 32.

(1) RCRA permits for the treatment, storage or disposal of hazardous waste on the

premises where the waste was generated must contain a certification by the

permittee regarding efforts taken to minimize the amount and toxicity of the

generated wastes.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 264.70, 264.73 and 270.300)(2) as amended July 15, 1985 (50 FR 28702).

Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-010, ORS

466.020 and ORS 466.086.

Federal Authority: RCRA 3005(h); 40 CFR 264.70, 264.73, and 270.30(j)(2) as amended

July 15, 1985 (50 FR 28702).

(2) Generators must submit report and manifest certifications regarding efforts taken to

minimize the amounts and toxicity of wastes.

Citation: OAR 340-100-002(1), revised March 15,1991 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 262, 264 and 265 as published July 15, 1985 (50 FR 28702), August 8, 1986

14
• (51 FR 28556) and October 1, 1986 (51 FR 35190) except OAR 340-104-075 replaces

both 40 CRR 264.75 and 265.75 biennial reporting requirements, and is more stringent in

that annual reports are required; and OAR 340-104-075 is also broader in scope in that

non-RCRA permitted recycling facilities are required to report. OAR 340-102-044

supersedes 40 CFR 262.42(b) and requires SQGs to comply with requirements for LQGs

found in 40 CFR 262.42, 40 CFR 262.43 and 40 CFR 262.42(a) and (c). Authority to

adopt this regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020,

and ORS 466.086.

Federal Authority: RCRA §3002(a)(6), (b); 40 CFR 262.41,264.75 and 265.75 as

amended July 15, 1985 (50 FR 28702); August 8, 1986 (51 FR 28556) and October 1,

1986 (51 FR 35190).

VI. LIQUIDS IN LANDFILLS

A. EQC regulations contain the following requirements regarding liquids in landfills as

indicated in Revision Checklists 17F and 25.

(1) Effective May 8, 1985, there is a ban on the placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free

liquids in any landfill pursuant to 40 CFR 264.314 and 265.314 as amended

July 15, 1985 and May 28, 1986.

•

(2) Effective November 8, 1985, there is a ban on the placement of nonhazardous liquids in landfills unless the owner or operator satisfies the

criteria set forth in 40 CFR 264.314(e), 265.314(e), as amended July 15,

1985 and May 28, 1986.

•

(3) For bulk or non-containerized liquid wastes or wastes containing free liquids

they may be placed in a landfill prior to May 8, 1985, only if the

requirements of 40 CFR 264.314(a) and 265.314(a) are met.

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.314, 265.314 and 270.21(h) as amended July 15, 1985 (50 FR 28702) and May

28, 1986 (51 FR 19176). Authority to adopt these amendments is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3004(c); 40 CFR 264.314,265.314 and 270.21(h) as amended

July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).

B. EQC regulations prohibit the disposal, in hazardous waste landfills, of

liquids that have been sorbed in materials that are biodegradable or that

release liquids during routine landfill operations, as indicated in Revision

Checklist 118.

Citation: OAR 340-100-002(1) revised March 11,1994.

15
• Comments: OAR 340-100-002(1) incorporates by reference as adopted by the

EQC 40 CFR 260.10,264.13,264.314,264.316,265.13,265.314, and 265.316 as

amended November 18, 1992 (57 FR 54452). Authority to adopt these

amendments is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §3004(c); 40 CFR 260.10, 264.13, 264.314, 264.316, 265.13,

265.314, and 265.316 as amended November 18, 1992 (57 FR 54452).

VII. GROUND-WATER MONITORING

A. EQC regulations provide that the §3004 groundwater monitoring requirements

applicable to surface impoundments, waste piles, land treatment units and landfills

shall apply whether or not such units are located above the seasonal high water

table, have two liners and a leachate collection system or have liners that are

periodically inspected, as indicated in Revision Checklist 17 I .

Citation: OAR 340-102-002(1), revised March 15, 1991.

Federal Authority: RCRA §3004(p); 40 CFR 264.222, 264.252, 264.253, and 264.302 as

amended July 15, 1985 (50 FR 28702).

Comments: OAR 340-102-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.222, 264.252, 264.253, and 264.302 as amended July .15,"1985 (50 FR 28702).

Authority to adopt these regulations is provided under ORS 466.020 and ORS 466.086.

• B. EQC regulations may allow variances from the ground-water monitoring

requirements as provided in §3004(p). However, those variances must be

restricted as provided in RCRA §3004(p) as indicated in Revision Checklist 17 I.

•

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.90(b) as amended July 15, 1985 (50 FR 28702). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3004(p); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR

28702).

C. EQC regulations provide that with regard to ground-water monitoring, all land based

hazardous waste treatment, storage, and disposal facilities analyze for a specified

core list (Part 264, Appendix IX) of chemicals plus those chemicals specified by the

Regional Administrator on a site-specific basis as indicated in Revision Checklist

40.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR Parts 264.98, 264.99, Appendix IX of 264, and 270.14 as

16
•

•

amended July 9, 1987 (52 FR 5942). Authority to adopt these amendments is provided

under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98,264.99,

Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 FR 25942).

D. EQC regulations specify statistical methods, sampling procedures, and performance

standards that can be used in groundwater monitoring procedures to detect

groundwater contamination at permitted hazardous waste facilities as indicated in

Revision Checklist 55.

Citation: OAR 340-100-002(1), Revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC the

amendments to 40 CFR 264.91, 264.92, 264.97, 264.98, and 264.99 as amended October

11, 1988 (53 FR 39720). Authority to adopt those amendments is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002(a), 3004 and 3005; 40 CFR 264.91,264.92,

264.97, 264.98 and 264.99 as amended October 11, 1988 (53 FR 39720).

E. EQC regulations allow owners and operators to demonstrate that an alternate

hydraulically downgradient monitoring well location will meet 40 CFR

265.91(a)(3)(i)-(iii) criteria as specified in Revision Checklist 99.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260.10, and 264.91(a)(3) as amended December 23, 1991 (56 FR 66365). The

broader in scope OAR 340-100-010 definitions modify, or are in addition to the definitions

contained in 40 CFR 260.10. Authority to adopt those amendments is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 264.10,

and 264.91(a)(3) as amended December 23, 1991 (56 FR 66365).

VIII.BURNING AND BLENDING OF HAZARDOUS WASTES

A. EQC regulations provide the following requirements:

(1) The burning of fuel containing hazardous waste in a cement kiln is

prohibited as specified in 40 CFR 266.31 and Revision Checklist 17 J.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 266.31 as amended July 15, 1985 (50 FR 28702). Authority to adopt this regulation

is provided under ORS 183.355, OAR 165-26-010, ORS 466.022 and ORS 466.086.

Federal Authority: RCRA §3004(q); 40 CFR 266.31 as amended July 15, 1985 (50 FR

17
•

•

•

28702).

(2) Fuels containing hazardous waste and all persons who produce, distribute

and market fuel containing hazardous wastes must be regulated as

indicated in Revision Checklists 17 J, 17 K, and 19.

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.31,266.34 as amended July 15,1985 (50 FR 28702),. November 29, 1985 (50

FR 49164) and November 19, 1986 (51 FR 41900). Authority to adopt these regulations is

provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.31 and 266.34 as amended July 15,

1985 (50 FR 28702), November 29, 1985 (50 FR 49164), and November 19, 1986 (51 FR

41900).

IX. HAZARDOUS WASTE EXPORTS

EQC regulations require generators and transporters of hazardous waste destined for

export outside the United States to comply with standards equivalent to those as indicated

in Revision Checklists 17 R, 31, 48, and 97 (with the latter providing technical corrections

to Checklist 31).

Citation: OAR 340-100-002(1), revised March 15, 1991 and October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 262.50 as amended July 15, 1985 (50 FR.28702), August 8, 1986 (51 FR 28664),

July 19, 1988 (53 FR 27164), and September 4, 1991 (56 FR 45704) except the more

stringent OAR 340-102-050 requires exporters to notify the Department in writing pursuant

to 40 CFR 262.53; and the more stringent OAR 340-102-041 replaces 40 CFR 262.41

biennial reporting requirements. Authority to adopt this regulation is provided under ORS

183.355, OAR 165-26-010, ORS 466.020 and ORS 456.086. Note: Some provisions of 40

CFR 262.50 are nondelegable and are not included in this authorization application.

Federal Authority: RCRA §3017; 40 CFR 262.50 as amended July 15, 1985 (50 FR

28702), August 8, 1986 (51 FR 28664), July 19; 1988(53 FR 27164), and September 4,

1991 (56 FR 45704).

X. STANDARDS FOR FACILITIES

A. EQC regulations prohibit the land disposal of hazardous waste prohibited under 40

CFR Parts 264 and 265 as indicated in Revision Checklist 17 E. Land disposal

includes, but is not limited to, placement in landfills, surface impoundments, waste

piles, deep injection wells, land treatment facilities, salt dome and bed formations

and underground mines or caves. Deep injection well means a well used for the

underground injection of hazardous wastes other than a well to which §7010(a) of

RCRA applies.

Citation: OAR 340-100-002(1), revised March 15, 1991.

18
• Comments: OAR 340-100-002(1) incorporates by reference as adopted by theEQC 40

CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR 28702). Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086. .

Federal Authority: RCRA §3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15,

1985 (50 FR 28702).

B. EQC regulations prohibit the placement of any non-containerized or bulk liquid

hazardous waste in any salt dome or salt bed formation any underground mine or

cave except as provided in §264.18(c) and §265.18(c) as indicated in Revision

Checklist 17 E. Furthermore, State statutes and regulations prohibit the placement

of any other hazardous waste in such formations until a permit is issued.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.18 and 265.18 as amended July 15, 1985 (50 FR 28702). Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §3004(b); 40 CFR 264.18 and 265.18 as amended July 15,1985

(50 FR 28702).

•

C. EQC regulations prohibit the use of waste oil or other materials contaminated with

hazardous wastes (except ignitible wastes) as a dust suppressant as indicated in

Revision Checklist 17 G.

•

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 266.23 as amended July 15, 1985 (50 FR 28702). Authority to adopt this regulation

is provided under ORS 183.355, OAR 165-26-010, ~RS 466.020 and ORS 466.086.

Federal Authority: RCRA §3004(1); 40 CFR 266.23 as amended July 15, 1985 (50 FR

28702).

D. EQC 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 Checklist 45

(Note: Revision Checklists 24 and 36 have already been authorized).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260, 264, 265 and 270 as amended March 19, 1987 (52 FR 8704); and incorporates

by reference amendments to 40 CFR 260, 265, and 270 as of December 10, 1987 (52 FR

46946) except depending on the type of information requested, OAR 340-105-014 is more

stringent or broader in scope than 40 CFR Part 270.14 in that the Department may request

19
•

•

•

additional information it deems pertinent to the facility. Authority to adopt these regulations

is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as

amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10,

1987 (52 FR 46946).

E. EQC regulations allow qualified companies that treat, store or dispose of hazardous

waste to use a corporate guarantee to satisfy liability assurance requirements as

indicated in Revision Checklist 43 (Revision Checklist 27 has already been

authorized) .

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.147, 264.151, and 265.147 as amended November 18, 1987 (52 FR 44314).

Authority to adopt these regulations is provided by ORS 183.355, OAR 1675-26-010, ORS

466.020 and ORS 466.086.

Federal Authority: RCRA §§2002, 3004, and 3005; 40 CFR 264.147,264.151, and

265.147 as amended July 11, 1986 (51 FR 25350) and November 18,1987 (52 FR 44314).

F. EQC regulations require companies that generate, treat or store hazardous waste

in tanks to comply with tank standards equivalent to those indicated in Revision

Checklist 52 (Revision Checklist 28 has already been authorized).

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260, 261, 262, 264, 265, and 270 as amended September 2, 1988 (53 FR 34079).

Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-010,

ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006; 2002, 3001 - 3007, 3010, 3014, 3017 - 3019 and 7004;

40 CFR Parts 260,261,262,264,265, and 270 as amended July 14, 1986 (51 FR 25422),

August 15, 1986 (51 FR 29430) and September 2, 1988 (53 FR 34079).

G. EQC regulations require environmental performance standards; monitoring, testing,

analytical data, inspection, response and reporting procedure; and post-closure

care for miscellaneous units as indicated in Revision Checklist 45.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.600, 264.601, 264~602, and 264.603 and Part 270 as amended December 10,

1987 (52 FR 46946); and Depending on the type of additional information required by the

Department, OAR 340-105-014 is either more stringent or broader in scope than Part

270.14. Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

20
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•

Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and

264.603 and Part 270 as amended December 10, 1987 (52 FR 46946).

H. EQC regulations allow owners and operators of landfill, surface impoundments, or

land treatment units, under limited circumstances, to remain open after the final

receipt of hazardous wastes in order to receive non-hazardous wastes in that unit

as indicated in Revision Checklist 64.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.13,264.112,264.113,264.142,265.12, 265.112, 265.113, 265.142 and Appendix

I to 270.42 as amended August 14, 1989 (54 FR 33376). Authority to adopt these

regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13,

264.112,264.113,264.142,265.13,265.112, 265.113, 265.142 and Appendix I to 270.42

as amended August 14, 1989 (54 FR 33376).

I. EQC regulations require new and existing hazardous waste treatment, storage or

disposal facilities to control organic air emissions from process vents and

equipment leaks as indicated in Revision Checklist 79.

Citation: OAR 340-100-102(1), revised March 15, 1991.

Comments: OAR 340-100-102(1) incorporates by reference as adopted by the EQC 40

CFR Parts 261,264,265, and 270 as amended June 21, 1990 (55 FR 25454). Authority to

adopt these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

Federal Authority: RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts

261,264,265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56

FR 19290).

J. EQC regulations require new and existing hazardous waste treatment, storage or

disposal facilities to control organic air emissions from process vents and

equipment leaks as indicated in Revision Checklists 79 and 87.

Citation: OAR 340-100-002(1), revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 261,264,265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26,

1991 (56 FR 19290). Authority to adopt these regulations is provided under ORS 183.355,

OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts

261,264,265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56

FR 19290).

21
•

•

-.

EQC regulations contain design, operating, inspection and closure requirements for

drip pads and associated tanks, sumps and other devices used to assist in the .

collection of treated wood drippage as indicated in Revision Checklists 82, 92 and

120.

Citation: OAR 340-100-002(1), revised October 16, 1992 and March 11, 1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 262.34(a)(2), 264.190, 264.570, 264.571, 264.572, 264.573, 264.574, 264.575,

265.190,265.440,265.441,265.442,265.443,265.444 and 265.445, as amended

December 6, 1990 (55 FR 50450), July 1, 1991 (56 FR 30192), and December 24, 1992

(57 FR 61492). Authority to adopt these requlations is provided under ORS 183.355, OAR

165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2), 264:190,

264.570,264.571,264.572,264.573,264-.574, 264.575, 265.190, 265.440, 265.441,

265.442,265.443, 265.444 and 265.445, as amended December 6, 1990 (55 FR 50450),

July 1, 1991 (56 FR 30192), and December 24, 1992 (57 FR 61492).

L. EQC regulations allow the use of additional financial instruments (letter of credit, a

surety bond, a guarantee, trust fund, and purchase of insurance by other firms) to

meet the liability coverage requirements as specified i~ Revision Checklist 113.

Citation: OAR 340-100-002(1), revised October 16,1992 and March 11,1994.

.Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.141,264.147,264.151,265.141,265.147 and 265.151 as amended September 1,

1988 (53 FR 33938), 'July 1, 1991 (56 FR 30200), and September 16, 1992 (57 FR 42832);

except more stringent OAR 340-104-143(7) which amends 40 CFR 264.143(f)(10) by

requiring an owner or operator that has a parent corporation to only use a corporate

guarantee to meet the financial test for closure; and more stringent OAR 340-104-145(5)

which amends 40 CFR 264.145(f)(11) by requiring an owner or operator that has a parent

corporation to only use a corporate guarantee to meet the financial test for post-closure

care. Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a), 3004 and 3005; 40 CFR 264.141,264.147,264.151,

265.141,265.147 and 265.151 as amended September 1; 1988 (53 FR 33938), July 1,

1991 (56 FR 30200), and September 16, 1992 (57 FR 42832).

M. . EQC regulations include conforming changes to 264.147(f)(6) and 265.147(f)(6) to

expand the instruments available to owners and operators that no longer meet the

requirements of the financial test for liability coverage as indicated in Revision.

Checklist 113.

Citation: OAR 340-100-002(1) revised March 11, 1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.147(f)(6) and 265.147(f)(6) as amended September 16,1992\(57 FR 42832).

22
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•

Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-010,

ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3004; 40 CFR 264.147(f)(6) and 265.147(f)(6) as amended

September 16, 1992 (57 FR 42832).

N. EQC regulations require reporting of third-party claims against an owner's or

operator's liability coverage as indicated by Revision Checklist 113.

Citation: OAR 340-100-002(1) revised March 11,1994

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.147(a)(7)&(b)(7) and 265.147(a)(7)&(b)(7) as amended September 1, 1988 (53

FR 33938) and September 16, 1992 (57 FR 42832). Authority to adopt these regulations is

provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a), 3004 and 3005; 40CFR 264.147(a)(7)&(b)(7) and

265.147(a)(7)&(b)(7) as amended September 1, 1988 (53 FR 33938) and September 16,

1992 (57 FR 42832).

O. EQC regulations contain an administrative stay, from June 13, 1991 to December

24, 1992, for the requirement that new drip pads be impermeable as indicated in

Revision Checklist 120.

Citation: OAR 340-100-002(1) revised March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.572(a)(4) and 265.443(a)(4), as amended June 13, 1991 (56 FR;7332) and

December 24, 1992 (57 FR 61492). Authority to adopt these regulations is provided under

ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR

264.572(a)(4) and 265.443(a)(4), as amended June 13, 1991 (56 FR 27332) and

- December 24, 1992 (57 FR 61492).

P. EQC regulations require owners or operators of new drip pads to have either 1) a

surface protection system meeting the hydraulic conductivity, material chemical

compatibility, and assessment requirements of 264.573(a)(4) or 265.443(a)(4), or 2)

a liner and leak detection system below the pad as well as a leak collection system

as specified in Revision Checklist 120.

Citation: OAR 340-100-002(1) revised March 11, 1994

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.572, 265.573, 265.442 and 265.443 as amended December 24, 1992 (57 FR

61492). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572, 265.573,

265.442 and 265.443 as amended December 24, 1992 (57 FR 61492).

23
• Q. EQC regulations require owners or operators of existing drip pads to meet the

hydraulic conductivity, material chemical compatibility, and assessment

requirements of 264.573(a)(4) or 265.443(a)(4), as specified in Revision Checklist

120.

•

•

Citation: OAR 340-100-002(1) revised March 11, 1994

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.571,264.573,265.441 and 265.443 as amended December 24, 1992 (57 FR

61492). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.571, 264.573,

265.441 and 265.443 as amended December 24, 1992 (57 FR 61492).

R. EQC regulations contain requirements for the management of infrequent and

incidental drippage in storage yards as indicated in Revision Checklist 120.

Citation: OAR 340-100-002(1) revised March 11,1994

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.570(c) and 265.440(c) as amended December 24, 1992 (57 FR 61492). Authority

to adopt these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.570(c) and

265.440(c) as amended December 24, 1992 (57 FR 61492).

• XI. REQUIREMENTS FOR PERMITS

A. EQC requlations require permits to contain any conditions necessary to protect

human health and the environment in addition to any conditions required by

regulations as indicated in Revision Checklist 17 O.

Citation: OAR 340-100-002(1), revised March 15, 1991

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.32(b) as amended July 15, 1985 (50 FR 28702). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50

FR 28702).

B. EQC regulations allow the issuance of a one-year research development, and

demonstration permit (renewable each year, but not for a period longer than three

years) for any hazardous waste treatment facility which proposes an innovative and

experimental hazardous waste treatment technology or process not yet regulated

as indicated in Revision Checklist 17 Q. If adopted, however, the State must

require the facility to meet RCRA's financial responsibility and public participation

24
•

•

•

requirements and retain authority to terminate experimental activity if necessary to

protect health or the environment.

Citation: OAR 340-100-002(1), Revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.65 as amended July 15, 1985 (50 FR 28702) and OAR 340-120-001 which

requires that additional standards such as property line setback be meet. Authority to

adopt these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

Federal Authority: RCRA §3005(g); 40 CFR 270.65 as amended July 15, 1985 (50 FR

28702).

C. EQC regulations require:

(1) Surface impoundments in existence on November 8, 1984 [or subsequently

becoming subject to RCRA pursuant to §3005U)(6)(A) or (8)] 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 §3005U)(6)(A) or (8)] or to stop treating, receiving, or storing

hazardous waste, unless the surface impoundment qualifies for a special

exemption under §3005U).

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Part 264.221 as amended July 15, 1985 (50 FR 28747) and May 9, 1990 (55 FR

19263). Authority to adopt this regulation is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3005U)(1 )&(6)(A).

(2) Surface impoundments to comply with the double liner, leachate collection

and ground-water monitoring requirements if the Agency allows a hazardous

waste prohibited from land disposal under §3004(d), (e) or (g) to be placed

in such impoundments.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 268.5 (h)(2) as promulgated November 7, 1986 (51 FR 40577) and amended

September 6, 1989 (54 FR 36971) and June 13, 1990 (55 FR 23935). Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §3005U)(11)

25
• (3) May allow variances from the above requirements as provided in RCRA

§3005U)(2-9) and (13). However, the availability of such variances must be

restricted as provided in RCRA §3005U).

•

•

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 268.5(h)(2) as promulgated November 7, 1986 (51 FR 40577) and amended

September 6, 1989 (54 FR 36971) and June 13, 1990 (55 FR 23935). Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §3005U)(2-9).

D. EQC regulations allow the permit granting agency to initiate modifications to a

permit without first receiving a request from the permittee, in cases where statutory

changes or new or amended regulatory standards affect the basis of the permit as

indicated in Revision Checklist 44D.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.41 (a)(3) as amended December 1, 1987 (52 FR 45788). Authority to adopt this

regulation is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3005(c); 40 CFR 270.41(a)(3) as amended December 1,1987

(52 FR 45788).

E. EQC regulations require that permittees must comply with new requirements

imposed by the land disposal restrictions promulgated under Part 268 even when

there are contrary permit conditions, as indicated in Revision Checklist 44E.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.4(a) as amended December 1, 1987 (52 FR 45788). Authority to adopt this

regulation is provided under ORS 466.020 and ORS 183.355, OAR 165-26-010, ORS

466.020 and 466.086.

Federal Authority: RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52

FR 45788).

F. EQC regulations require information from permit applicants concerning permit

conditions necessary to protect human health and the environment as indicated in

Revision Checklist 44F.

Citation: OAR 340-100-002(1), revised March 15, 1991.

26
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I~

I.

I':

2- .

I.

I.

I

I"

..'

•

•

•

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.10(J) as amended December 1,1987 (52 FR 45788). OAR 340-105-014 is more

stringent than 40 CFR 270.14 (CL44A) by requiring the submittal of additional permit

application information that is deemed pertinent by the Department. Authority to adopt this

.regulation is provided under ORS 466.020, ORS 466.086, ORS 183.355 and OAR 165-26-

010.

Federal Authority: RCRA §3005(c); 40 CFR 270.10 as amended December 1,1987 (52

FR 45788).

G. EQC regulations require post-closure permits for all landfills, surface

impoundments, waste piles and land treatment units receiving hazardous waste at

any time, including after July 26, 1982 as indicated in Revision Checklist 44G.

Citation: OAR 340-100-002(1) revised June 6, 1989.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.1(c) as amended December 1, 1987 (52 FR 45788). Authority to adopt this

regulation is provided under ORS 466.020, ORS 466.086, ORS 183.355 and OAR 165-26-

010.

Federal Authority: RCRA §3005(i); 40 CFR 270.1(c) as amended December 1,1987 (52

FR 45788).

H. EQC regulations require that all owners and operators of units that treat, store, or

dispose of hazardous waste in miscellaneous units must comply with the general

application requirements (including Part A permit requirements), the Part B general

application requirements of §270.14, and specific Part B information requirements

for miscellaneous units as indicated in Revision Checklists 45 and 59.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.600, 270.14, 270.17 and 270.23 as adopted by the EQC as amended December

10, 1987 (52 FR 46946); and January 9, 1989 (54 FR 615). Note: OAR 340-105-014 is

broader in scope than 40 CFR 270.14 by requiring additional Part B permit information that

the Department deems pertinent. Authority to adopt these regulations is provided under

ORS 466.020 and ORS 466.086, ORS 183.355, and OAR 165-26-010.

Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as

amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54FR 615).

EQC regulations provide owners and operators more flexibility to change specified'

permit conditions, to expand public notification and participation opportunities, and

to allow for expedited approval if no public concern exists for a proposed permit

modification. Permit modifications are categorized into three classes with

administrative procedures for approving modifications established in each class.

These changes are as indicated in Revision Checklist 54 as amended by the

broader in scope OAR 340-105-040(1)(a), 340-105-041(1), and. 340-105-051.

27
•

•

•

Citation: OAR 340-100-002(1), revised July 23, 1993.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 124, 264, 265, and 270 as amended September 28, 1988 (53 FR 37912) and as

amended October 24,1988 (53 41649). OAR 340-105-040(1)(a) requires that siting

standards in OAR 340-120-010(2)(a)(A) and (S)(b), (S)(c), (C), (e), (g), (h) and OAR 340-

120-025 be met; that a Class 3 modification rather than a Class 1 modification be

completed, and that "written prior approval of the director" be deleted; OAR 340-105-041(1)

is broader in scope than 40 CFR 270.41(c), 40 CFR 270.42(a) and (b) by requiring siting

standards be met where appropriate; and 340-105-051 deletes the provisions of 40 CFR

270.51 and is broader in scope by requiring instead that the conditions of a permit continue

in force until the effective date of a new permit with certain provisions. Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265,

and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR

41649). '

J. EQC regulations make it clear that existing incinerator facilities must either conduct

a trial burn or submit other information as specified in 270.19(a) or (c) before a

permit can be issued for that facility as indicated in Revision Checklist 60.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Part 270 as amended January 30, 1989 (54 FR 4286). Authority to adopt these

regulations are provided in ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 (54

FR 4286).

K. ~QC regulations incorporate updates to 40 CFR Part 124 as indicated in Revision

Checklist 70.

Citation: OAR 340-100-002(1), revised March 15, 1991; OAR 340-106-003. Note: Only

those provisions of 40 CFR 124 Subpart A which are applicable to hazardous waste or

"RCRA" permits are incorporated by reference in rule 340-100-002(1), as modified by 340-

106-003, -004, -005, -006 and-012.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 124.3 as amended by OAR 340-106-003(2); 124.5 except 124.5(b) which is deleted

and is replaced by OAR 340-106-005(1)(a), (b), (c); 124.6 except 124.6(e) is modified by

OAR 340-106-006; 124.10, and 124.12 as modified by OAR 340-106-012 and as amended

April 1, 1983 (48 FR 14146), June 30,1983 (48 FR 30113), July 26,1988 (53 FR 28118),

September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR 246), and as amended by

OAR 340-106-012. Authority to adopt these regulations is provided under ORS 183.355,

OAR 165-26-010, ORS 466.020 and ORS 466.086.

28
I.

•

•

In addition to the requirements in 40 CFR 124.3, the more stringent OAR 340-106-003(2)

requires hazardous waste disposal permit applications to be circulated to affected state

agencies for comment. 340-106-004 amends 40 CFR 124.3 by stipulating that a permit

processing schedule will be prepared by the Department and that a permit may be denied

if an applicant refuses to correct a deficient application. OAR 340-106-005(1)(a), (b) and

(c) replace 40 CFR 124.5(b) in that denial by the permitting body of a request may be

appealed to the Environmental Quality Commission. The appeal is a prerequisite for

seeking judicial review under ORS 183.480 of the Department action in denying a request

for modification, revocation and reissuance, or termination of a permit. 340-106-006

modifies 40 CFR 124.6(e) by removing language which is pertinent to EPA only. The more

stringent OAR 340-106-012 modifies 124.12 by adding increased public hearing and notice

requirements for disposal facility permits.

Federal Authority: RCRA §§6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10, and

124.12 as amended April 1, 1983 (48 FR 14146), June 30,1983 (48 FR 30113), July 26,

1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR

246).

L. EQC regulations require review of land disposal permits every five years and

modification of such permits as necessary to assure compliance with the

requirements in Parts 124, 260 through 266, and 270, as indicated in Revision

Checklist 17 N.

Citation: OAR 340-100-002(1) revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC

amendments to 40 CFR 270.41 (a)(6) and 270.50(d) as amended July 15, 1985 (50 FR

28702). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3005(c)(3); 40 CFR 270.41 (a)(6) and 270.50(d) as amended

July 15, 1985 (50 FR 28702).

M. EQC regulations contain Special Part B information requirements for drip pads as

indicated in Revision Checklists 82 and 92.

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.22 as amended December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR

30192). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(I); 40 CFR 270.22 as amended

December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).

N. EQC regulations include permitting requirements for boilers and industrial furnaces

burning hazardous waste as indicated in Revision Checklists 85 and 94.

Citation: OAR 340-100-002(1) revised October 16, 1992.

29
•

•

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.22, 270.42(g), 270.42 Appendix I, 270.66, except 270.72(a)(6)&(b)(7) and

270.73(f)&(g) as amended February 21, 1991 (56 FR 7134) and July 17, 1991 (56 FR

32688). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086. The Department does not include interim status

requirements in 40 CFR 270.70 through 270.73 in its program. State requirements

applicable to existing hazardous waste management facilities are identified in 340-105-010

and include provisions similar in function to those of 40 CFR 270.71 and 270.72.

Federal Authority: RCRA §§1006, 2002, 3001 through 3007; 40 CFR 270.22, 270.42(g),

270.42 Appendix I, 270.66, 270.72(a)(6)&(b)(7) and 270.73(f)&(g) as amended February

21, 1991 (56 FR 7134) and July 17, 1991 (56 FR 32688).

O. EQC regulations include Specific Part B information requirements for surface

impoundments, waste piles and landfills regarding liners; leachate collection,

detection, and removal systems; and the Construction Quality Assurance Program

requirements as indicated in Revision Checklist 100.

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.4(a), 270.17(b)&(c), 270.18(c)&(d), and 270.21(b)&(c), as amended by OAR 340-

105-021, and as amended January 29,1992 (57 FR 3462). OAR 340-105-021 is more

stringent than 270.21 by imposing additional Part B application requirements on facilities.

Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-010,

ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 240 CFR 270.4(c), 270. 17(b)&(c),

270.18(c)&(d), and 270.21(b)&(c) as amended January 29, 1992 (57 FR 3462).

XII. MINIMUM TECHNOLOGICAL REQUIREMENTS

A. EQC regulations require that new units expansions, and replacements of interim

status waste piles meet the requirements for a single liner and leachate collection

system in regulations applicable to permitted waste piles as indicated in the

Revision Checklist 17 H.

Citation: OAR 340-100-002(1), revised March 15,1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 265.254 as amended July 15, 1985 (50 FR 28702). Authority to adopt this regulation

is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR

28702).

B. EQC regulation require that:

•

(1) New units, expansions, and replacement units at interim status landfills and

surface impoundments and permitted landfills and surface impoundments

30
•

•

•

meet the requirements for double liners and leachate collection systems

applicable to new permitted landfills and surface impoundments in 40 CFR

264.221 and 264.301 and 265.221 and 265.301 as indicated in Revision

Checklists 17H and 77.

Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3015(b); 40 CFR 264.221,

265.221,264.301 and 265.301 as amended July 15, 1985 (50 FR 28702) and May 9, 1990

(55 FR 19262).

(2) Facilities which comply in good faith need not retrofit at permit issuance

unless the liner is leaking as provided in §§265.221 (e) and 265.301(e) as

indicated in Revision Checklist 17 H.

Federal Authority: RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended

July 15, 1985 (50 FR 28702).

(3) Variances from the above requirements are optional. However, availability

of such variances is restricted as provided in §§264.221(d) and (e),

264.301(d) and (e), 265.221(c) and (d), and 265.301(c) and (d) as indicated

in Revision Checklist 17 H.

Federal Authority: RCRA §3015(b); 40 CFR 264.221,265.221 and 265.301 as amended

July 15, 1985 (50 FR 28702).

Citation: OAR 340-100-002(1), revised March 15,1991.

Comment: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.221,265.221,264.301 and 265.301 as amended July 15,1985 (50 FR 28702)

and May 9, 1990 (55 FR 19262). Authority to adopt these regulations is provided under

ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

C. EQC regulations require owners and operators of new units, expansions, and

replacement units at surface impoundments, waste piles, and landfills to meet the

monitoring and inspection Construction Quality Assurance (CQA) program, double

liner, leachate collection and removal systems, leak detection systems, action

leakage, response action plan and closure/post-closure care requirements as

indicated in Revision Checklist 100.

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.19,264.221-264.223,264.226,264.228, except 264.228(a)(1), (c) and (d) as

amended by OAR 340-104-228, 264.251-264.254, 264.301-264.304, 264.310, 265.19,

265.221-265.223, 265.226-265.228, 265.254, 265.255, 265.259, 265.260, 265.301-265.304

and 265.310 as amended January 29, 1992 (57 FR 3462). Authority to adopt these

regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 264.19, 264.221-

264.223, 264.226, 264.228, 264.251-264.254, 264.301-264.304, 264.310, 265.19,

31
•

•

xiu.

265.221-265.223, 265.226-265.228, 265.254, 265.255, 265.259, 265.260, 265.301-265.304

and 265.310 as amended January 29, 1992 (57 FR 3462).

EXPOSURE ASSESSMENTS

A. EQC regulations require permit applicants for landfills or surface impoundments to

submit exposure information as indicated in Revision Checklist 17 S.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 270.1O(j) as amended July 15, 1985 (50 FR 28702). Authority to adopt this regulation

is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3019(a); 40 CFR 270.10(j) as amended July 15, 1985 (50 FR

28702).

B. State laws and regulations allow the State to make assessment information

available to the Agency for Toxic Substances and Disease Registry. (See CERCLA

§104(i).]

Citation: OAR 340-100-005, ORS 192.410

Comments: OAR 340-100-005 and ORS 192.410 address availability and sharing of

information with the public and other agencies and meet the requirements and intent of

RCRA 3019(b). Authority to adopt these regulations is provided under ORS 183.355, OAR

165-26-010, ORS 466.020 and ORS 466.086.

•

Federal Authority: RCRA §3019(b).

XIV. BURNING OF WASTE FUEL AND USED OIL FUEL IN BOILERS AND INDUSTRIAL

FURNACES

A. EQC regulations contain the following requirements regarding the burning of waste

fuel and used oil fuel for energy recovery in boilers and industrial furnaces as

indicated in Revision Checklist 19:

(1) Waste fuels and used oil fuels are identified as solid wastes so as to

encompass all such wastes controlled under 40 CFR 261.3, 261.5 and

261.6.

(2) Special management standards for generators, transporters, marketers and

burners of hazardous waste and used oil burned for energy, as provided in

40 CFR 264.340, 265.340, 266.30-35 and 266.40-44.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(2) incorporates by reference as adopted by the EQC 40

CFR Parts 261,264,265 and 266 as amended November 29, 1985 (50 FR 49164),

November 19, 1986 (51 FR 41900), April 13, 1987 (52 FR 11819). Authority to adopt these

32
regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266

as amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and

April 13, 1987 (52 FR 11819). "

B. State statutes and EQC regulations provide the authority to obtain criminal

penalties for violations of the waste fuel and used oil fuel requirements, as provided

in 40 CFR 266.40-44.

Citation: OAR 340-100-002(1), revised March 15, 1991; ORS 466.995.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 266.40-44 as amended November 29, 1985 (50 FR 49164), November 19, 1986 (51

FR 41900) and April 13, 1987 (53 FR 11819). Authority to adopt these regulations is

provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086. ORS

466.995 provides criminal penalties for violation of 266.40-44 in a manner equivalent in

, intent to 40 CFR 271.16.

Federal Authority: RCRA 3006(h), 3008(d) and 3014; 40 CFR 271.16.

•

C. EQC regulations include control standards for emissions of toxic organic

compounds, toxic metals, hydrogen chloride, chlorine gas and particulate matter

from boilers and industrial furnaces burning hazardous waste, and require owners

and operators of such facilities to comply with the general facility standards

applicable to hazardous waste treatment, storage and disposal facilities, as

indicated in Revision Checklists 85, 94, 96, 111, and 114. Hazardous waste

storage units at regulated burners are subject to 40 CFR 264 requirements.

!

Ii

i

I.'

I·

r,

11

oj

Ij

I

Citation: OAR 340-100-002(1) revised October 16,1992 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260.10,260.11,260.20,261.3,261.6,264.1, 264.112, 264.340, as amended by the

requirements in OAR '340-104-340, 265.1, 265.112, 265.113, 265.340, 265.370, Part 266

SUbpart H, and 266 Appendices I-X as amended February 21, 1991 (56 FR 7134), July 17,

1991 (56 FR 32688), August 27, 1991 (56 FR 42502), August 25, 1992 (57 FR 38558), and

September 30, 1992 (57 FR 44999). Authority to adopt these regulations is provided under

ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS'466.086.

Federal Authority: RCRA §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR

260.10,260.11,260.20,261.3,261.6,264.1,264.112, 264.340, 265.1; 265.112, 265.113,

265.340, 265.370, Part 266 Subpart H, and 266 Appendices I-X as amended February 21,

1991 (56 FR 7134), July 17, 1991 (56 FR 32688), August 27, 1991 (56 FR 42504), August

25, 1992 (57 FR 38558), and September 30, 1992 (57 FR 44999).

33
• D. EQC regulations contain an administrative stay of the permitting standards for

boilers and industrial furnaces as they apply to coke ovens burning certain

hazardous wastes from the coke by-products recovery process as indicated in

Revision Checklist 98.

.'

•

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 266.100(a) as amended September 5, 1991 (56 FR 43874). Authority to adopt these

regulations is provided under DRS 183.355, OAR 165-26-010, DRS 466.020 and DRS

466.086.

Federal Authority: RCRA §; 40 CFR 266.1OO(a) as amended September 5, 1991 (56 FR

43874).

E. EQC regulations provide used oil management standards for used oil generators,

transporters, processors, re-refiners, burners, and marketers as indicated in

Revision Checklists 112 and 122.

Citation: OAR 340-100-002(1) and (2) revised March 11,1994.

Comments: OAR 340-100-002(1) and (2) incorporate by reference as adopted by the EQC

regulations provide exceptions to the burning and blending of hazardous waste as specified

in RCRA §3014(a); 40 CFR Parts 260,261,266 and 279 as amended September 10, 1992

(57 FR 41566) and May 3,1993 (58 FR 26420). OAR 340-111-010(4) applies to used oil

that is recovered from parts cleaning media which is either not spent, or which is not a

hazardous waste when spent. The Department interprets the mixture rule identically to

EPA: a parts cleaning media that is a solid waste is subject to characterization. If the

spent parts cleaning media is a listed or characteristic hazardous waste, and if the

hazardous waste media is mixed with a solid waste (including used oil), then the mixture is

hazardous and is subject to all applicable hazardous waste regulations. OAR 340-111-020

is broader in scope than 40 CFR 279.1 because it defines "hot draining", "terne plating",

"used oil", and "used oil mixture". OAR 340-111-030 is broader in scope than 40 CFR

279.11 because it prohibits using "used oil" as a pesticide and the disposal of recoverable

used oil. OAR 340-111-010 is more stringent than 40 CFR 279.10 because it requires

characterization of used oil that is destined for disposal that contains material other than

used oil; it prohibits waste from being mixed with used oil to render the mixture nonhazardous or to reduce its recyclability; and it establishes a 5,000 BTU per pound minimum

for "used oil fuel". OAR 340-111-032 is more stringent because it requires that rainwater

be kept from coming in contact with used oil during storage. In addition to 40 CFR 279.23,

the more stringent OAR 340-111-035 requires operators of used oil space heaters to

operate them according to manufacturers' instructions. OAR 340-111-037 is broader in

scope because it allows generators of used oil to transport oil in vehicles that are leased in

addition to vehicles that are owned as allowed under 40 CFR 279.24. OAR 340-111-040

requires generators to use a "Used Oil Notification" form developed by the Department

which is consistent with the federal requirement. OAR 340-111-050 is more stringent than

40 CFR 279.43 because it requires generators of spilled used oil to respond according to

the more specific requirements in Division 108. OAR 340-111-060 is more stringent than

40 CFR 279.57 because it requires generators to report used oil activity annually, rather

than biennially. The more stringent OAR 340-111-070 adds provisions requiring that non34
• hazardous oily waste be managed as solid waste under the state program, and prohibits

used oil from being discharged to drainage systems, waters of the state, and sewer

systems. The federal requirements are not as specific. Authority to adopt these

regulations is provided under DRS 183.355, OAR 165-26-010, DRS 466.020 and DRS

466.086.

Federal Authority: RCRA §3014(a); 40 CFR Parts 260;-261,-266 and 279 as amended

September 10, 1992 (57 FR 41566) and May 3, 1993 (58 FR 26420).

XV. LAND DISPOSAL RESTRICTIONS

EQC regulations provide for the restrictions of the land disposal of certain spent

solvents and dioxin-contaffiling hazardous wastes. as indicated in Revision

CflecKlists 34, 39, and 50: " ';. . .' , .

.21£.32 B.

'.

•

.r:

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference .as adopted by the EQC 40

CFR Parts 260,261,262; 263, 264, 265, 2..§8,and 270 as amended November 7, 1986 (51

FR.A,0572), June 4, 1987 (52 FR 21010), July 8, 1987 (52 FR 25760), 'and August 17, 19~8

((53 FR 31138j)except that OAR 340-100-010, definitions, in some instances is more _

Stringenns¥"Aquatic LC50") than 40 CFR 260.10; OAR 340-102-011(e) is more stringent

because it subjects wastes passing 40 CFR 262.11 hazardous waste determination to

state-only determination procedtres; OAR 340-102-011(d) prohibits dilution to meet any

standard which is more stringent than 262.11(d); OAR 340-105-014 is more stringent or

broader in scope than 40 CFR Part 270.14(b)(21) depending on the type of information

being requested.

Federal Authority: §3004(d)-(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268

and 270 as amended on November 7, 1986 (51 FR 40572), June 4, 1987 (52 FR 21010),

July 8,1987 (52 FR 25760), and August 17,1988 (53 FR 31138).

EQC regulations provide for restricting the disposal of certain California list wastes,

,; including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above

specified concentrations, and hazardous waste containing halogenated organic

compounds (HOCs) above specified concentrations as indicated in Revision

Checklists 39, 50, and

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 262, 264, 265, 268 and 270 as amended July 8, 1987 (52 FR 25760), October

27, 1987, (52 FR 41295), and August 17, t9~(53 FR-3'H3.8), and September 6, 1989 (54 nfJ ?

FR 36967) except OAR 340-100-011 is broader rnscope than 40 CFR 260.11(at in that it

also incorporates by reference.'additional CFRs; OAR 340-102-070 is broader in scope than

40 CFR 262.70 in that farmers are also required to comply with standards in Chapter 340,

Division 109; and OAR 340-100-002(1) incorporates 40 CF~d thus picks up total

. halogens. Authority to adopt these regulations is provided u~S 183.355, OAR 165-

26-010, ORS 466.020, and DRS 466.086.

35
Federal Authority: RCRA §3004(d)-(k) and (rn): 40 CFR Parts 262, 264, 265, 268 and 270

as amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR_41295), August 17,

1988 (53 FR 31138), and September 6,1989 (54 FR 36967).

Jft!t.33 C. EQC regulations provide for specific treatment standards and effective dates for

certain wastes from the "First Third" of the schedule of restricted wastes listed in 40

268]'O)s well as land disposal restrictions for those First Third wastes for

wlCh a treatment standard is not established as indicated in Revision Checklists

50, 62 and 66.

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference3§-adopted-.Qy-.!he EQC 40

CFR Parts 264, 265, and 268 as amended August 17, 1.988 (53 FR 31138), l7ebruary 27, . I..~

1989 (54 FR 8264), and May 2, 1989 (54 FR 18836), September-6, 1989 (54 FR 36967) '7.

and June 13, 1990 (55 FR 23935). Authority to adopt these regulations is provided under

ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3004 (d)-(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as

amended on August 17,1988 (53 FR 31138), February 27, 1989 (54 FR 8264), May 2,

1989 (54 FR 18836), September 6, 1989 (54 FR 36967) and June 13, 1990 (55 FR 23935).

•

D. EQC regulations provide for certain treatment standards and prohibition effective

dates for certain Second Third wastes and for imposing the "soft hammer"

provisions of 40 CFR 268.8 on Second Third wastes for which the Department is

not establishing treatment standards as indicated in Revision Checklist 63.

•

Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Part 268 as amended June 23, 1989 (54 FR 26594). Authority to adopt these

regulations is provided under ORS 183.35~, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23,

1989 (54 FR 26594).

E. EQC regulations provide for standards for treatment standards and effective dates

for certain First Third "soft hammer" wastes as well as for certain wastes originally

contained in the Third-Third of the Schedule as indicated in Revision Checklist 63. . - Citation: OAR 340-100-002(1), revised March 15, 1991.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR Parts 264, 265 and 268 as amended June 23, 1989 (54 FR 26594). Authority to

adopt these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020

and ORS 466.086.

Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as

amended June 23, 1989 (54 FR 26594).

36
F. EQC regulations provide specific treatment standards and effective dates for the

"Third Third" wastes. "soft hammer" First and Second Third wastes, five newly

listed wastes, four wastes that fall into the F002 and F005 (spent solvent) waste

codes. F025. mixed radioactive/hazardous wastes. characteristic wastes. and multisource leachate, as well as establish revised treatment standards for petroleum

refining hazardous wastes (K048-K052) as indicated in Revision Checklists 78, 83

and 102.

•

,

Citation: OAR 340-100-002(1). revised March 15. 1991. (/

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261,262.264.265.268, and 270 as amended June 1. 1990 (55 FR 22520). January

31. 1991 (56 FR 3864) and March 6, 1992 (57 FR 8086); Authority to adopt these

regulations is provided under ORS 183.355, OAR 165-26-010. ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3001 and 3004 (d)-(k) and (m); 40 CFR 261. 262. 264. 265,

268, and 270 as amended June 1,1990 (55 FR 22520), January 31, 1991 (56 FR 3864)

and March 6. 1992 (57 FR 8086).

G. EQC regulations provide for alternate treatment standards for lab packs meeting

certain criteria as indicated in Revision Crhecklists 78 and ..§3.

Citation: OAR 340-100-002(1), revised March 15. 1991 and October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 264.316(f). 265.316(f). 268.7(a)(7), 268.7(a)(8), 268.42(c). 268.42(c)(1-(4). and Part

268 Appendices IV and V. as amended June 1.1990 (55 FR 22520) and January 31. 1991,

(56 FR 3864). Authority to adopt these regulations is provided under ORS 183.355, OAR

165-26-010. ORS 466.020 and ORS 466.086. '

Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f).

268.7(a)(7), 268.7(a)(8): 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as

amended June 1.1990 (55 FR 22520) and January 31, 1991, (56 FW3864). .--

H. EQC regulations contain treatment standards under the land disposal restrictions

program for K061 as indicated in Revision Checklist 95.

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340~1.O.o-002(1) incorporates by reference as adopted by the EQC 40

CFR"268.41 and 268.42 as amended August 19, 1991 (56 FR 41164). Authority to adopt

these regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

---- .

Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended

August 19, 1991 (56 FR 41164). - . --

37
I. EQC regulations provide an extension of the land disposal restriction effective date

for hazardous waste debris until May 8, 1994, as indicated in Revision Checklists

103 and 116, and 123.

'.

Citation: OAR 340-100-002(1) revised October 16,1992 and March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 268.35(e) as amended May 15, 1992 (57 FR 20766) and October 20, 1992 (57 FR

4772), and May 14, 1993 (58 FR 28506). Authority to adopt these regulations is provided

under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3004(h)(3); 40 CFR 268.35(c)-(e) as amended May 15, 1992

(57 FR 20766), October 20 1992 (57 FR 47772), and May 14, 1993 (58 FR 28506).

J. EQC regulations provide an extension of the land disposal restriction effective date,

until May 8, 1993, for 0008 lead-bearing hazardous materials stored before

secondary smelting, provided the owner/operator meets the requirements specified

at 40 CFR 268.35(k), as indicated in Revision Checklist 106:

Citation: OAR 340-100-002(1) revised October 16, 1992.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CF~268.3~) and (k) as amended June 26, 1992 (57 FR 28628). Authority to adopt

theJi-regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and

ORS 466.086.

Federal Authority: RCRA §§ 3004(h)(3); 40 CFR 268.35(c) and (k) as amended June 26,

1992 (57 FR 28628).

K. EQC regulations provide land disposal treatment standards for certain hazardous

wastes listed after November 8, 1984 as well as treatment standards for debris

contaminated with listed hazardous wastes or debris that exhibit certain hazardous

waste characteristics as indicated in Revision Checklist 109.

Citation: OAR 340-100-002(1) revised on March 11,1994.

Comments: OAR..J40-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.3(f), 268.2, 268.5, 268.7, 268.14, 268.36, 268.40, 268.41, 268.42, 268.43, _~/' _

268.45,270.13 and 270.14, as amended August 18,-f992 (57 FR 37194), and as amended

by broader in scope OAR 340-105-013 which requires a land use compatibility statement

and OAR 105-014 which may be broader in scope or more stringent than 40 CFR 270.13

and 270.14, depending on the information requested. Authority to adopt these regulations

is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS 466.086.

,

c

Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(f), 268.2, 268.5, 268.7,

268.14, 268.36, 268.40, 268.41, 268.42, 268.43, 268.45, 270.13 and 270.14, as amended

August 18, 1992 (57 FR 37194). 'v

I-{ L-I

•

L. EQC regulations include revisions to existing land disposal restrictions including

revision of F001-F005 spent solvents treatment standards, conversion of

38
'.

•

•

v

wastewater standards for twenty-four "F" and "K" water codes based on scrubber

standards; revisions to K061, K062 and F006 treatment standards; change of

recordkeeping requirements; and clarification of rules related to wastes listed

because they exhibit a characteristic as indicated in Revision Checklist 109. "

Citation: OAR 340-100-002(1) revised on March 11, 1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 261.3(a)&(c), 268.9, 268.41, 268.42, 268.43 and 268.46, as amended August 18,

1992 (57 FR 37194). Authority to adopt these regulations is provided under ORS 183.355,

OAR 165-26-010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(a)&(c), 268.9, 268.41,

268.42,268.43 and 268.46, as amended August 18, 1992 (57 FR 37194).

M. EQC regulations allow storage and treatment in containment buildings as indicated

in Revision Checklist 109.

Citation: OAR 340-100-002(1) revised on March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 260.10,262.34,264.110,264.111,264.112, 264.140, 264.142, 264 Subpart DO,

265.110, 265.111, 265.112, 265.140, 265.142, 265.221, 265 Subpart DO, 268.50, 270.42

and 270.72, as amended August 18, 1992 (57 FR 37194). Authority to adopt1'fiese

regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §§3004(d)-(k) and (rn); 40 CFR 260.10, 262.34, 264.110,

264,111,264.112,264.140,264.142,264 Subpart DO, 265.110,265.111,265.112,

265.140,265.142,265.221,265 Subpart DO, 268.50,270.42 and 270.72, as amended

August 18, 1992 (57 FR 37194).

N. EQC regulations provide a case-by-case extension of the land disposal effective

date until May 8, 1994 for Third Third hazardous soils whose best demonstrated

available technology (BOAT) was incineration, retorting or vitrification, as well as for

Third Third soils contaminated with radioactive mixed waste as indicated in

Revision Checklists 116 and 123.

Citation: OAR 340-100-002(1) revised on March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted by the EQC 40

CFR 268.35(c)-(e) as amended October 20, 1992 (57 FR 47772) and May 14, 1993 (57 FR

28506). Authority to adopt these regulations is provided under ORS 183.355, OAR 165-26-

010, ORS 466.020 and ORS 466.086.

Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended October 20,

1992 (57 FR 47772) and May 14, 1993 (57 FR 28506).

39
• O. EQC regulations include land disposal restrictions and treatment standards for

certain ignitable and corrosive characteristic wastes whose treatment standards

were vacated, as indicated in Revision Checklist 124-;

•

•

Citation: OAR 340-100-002(1) revised March 11,1994.

Comments: OAR 340-100-002(1) incorporates by reference as adopted bythe EQC 40

CFR 268.37 as amended on May 24, 1993 (58 FR 29860). Authority to adopt these

regulations is provided under ORS 183.355, OAR 165-26-010, ORS 466.020 and ORS

466.086.

Federal Authority: RCRA §3004(d),(e)&(g); 40 CFR 268.37 as amended on May 24, 1993

(58 FR 29860).

XVI. MEMORANDUM OF AGREEMENT (MOA)

(1) The State has the authority to enter into an agreement with the United States

Environmental Protection Agency,

(2) The State has the authority to carry out the agreement, and

(3) No applicable State statute (including the State Administrative Procedure Act)

requires that the procedure be promulgated as a rule in order to be binding.

Seal of Office

Lc!d----

Signature

June 28, 1994

Date

40