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Attachment A

Agenda Item C

EQC Meeting 5/19/95

BEFORE THE ENVIRONMENTAL QUALITY COMMISSION

OF THE STATE OF OREGON

In the Matter of Amending and

Correcting OAR 340, Divisions

100, 101, 102, 104, 105

) Proposed Amendments, Adoptions, Deletions and

) Corrections

)

Unless otherwise indicated, material crossed out e.g. ---, is proposed to be deleted and material that

is underlined is proposed to be added.

1. Rule 340-100-002 is proposed to be amended as follows:

Adoption of United States Environmental Protection Agency Hazardous Waste and Used

Oil Management Regulations.

346-100-002

(1) Except as otherwise modified or specified by OAR Chapter 340, Divisions 100 to 106, 109,

111, and 120, the rules and regulations governing the management of hazardous waste, including its

generation, transportation, treatment, storage. recycling and disposal, prescribed by the United

States Environmental Protection Agency in Title 40 Code of Federal Regulations, Parts 260 to 266,

268, 270, and Subpart A of 124, lIH6l1meH6meHts tfteFete promulgated through April 1 Jttly-l,

199;5, exee~t fer 37 FR 7628, MlIFeft 3, 1992, are adopted by reference and prescribed by the

Commission to be observed by all persons subject to ORS 466.005 to 466.080, and 466.090 to

466.215. 1 1ft aaaitieft, 39 I'eaeFaI Register 48G43 4811G, Se~tember 19, 1994, Part 268 as

lIffieBtlea is telHflerliFily lIae~tea by Ferereaee effeeti'/e Deeember 19, 1994.

INote:On March 3. 1992.'in 57 Federal Register 7628. EPA oromulgated a readoption of40 CFR 261.3. the mixture

and derived from rules. because the rules had been vacated as a result offederallitigation. The EQC did not adopt this

amendmentat that time because the State hadindependently and legaUy adopted mixture and derived-from rules under

state law in 1984, and hasindicatedits intentto maintainthe mixture andderived-from rules with each annualrulemaking

update.

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Attachment A

Agenda Item C

EQC Meeting 5/19/95

As specified in the Federal Register. the effective date of the 40 CFR Parts are as follows: Federal

Register Vol. 60. February 9. 1995. 40 CFR Parts 261. 271 and 302, effective August 9. 1995: and

Federal Register. Vol. 59. December 6, 1994. 40 CFR Parts 260. 262. 264. 265, 270 and 271.

effective December 6. 1995, as amended.

(2) Except as otherwise modified or specified by OAR Chapter 340, Division 111, the rules and

regulations governing the standards for the management of used oil, prescribed by the United States

Environmental Protection Agency in Title 40 Code of Federal Regulations, Part 279 aft9

ameaElmeftts tilerete promulgated through July 1, 1993, are adopted by reference into Oregon

Administrative Rules and prescribed by the Commission to be observed by all persons subject to

ORS 466.005 to 466.080 and 466.090 to 466.215.

(Comment: The Department uses the federal preamble accompanying the federal regulations and

federal guidance as a basis for regulatory decision making).

2. Rule 340-100-011 is proposed to be deleted as follows:

Referenees

349199911

(1) Ia additien te tile plllllieatieas listed in 49 CFR 2l'i9.11, wilen lised in OAR Chapter 340,

Divisieas 100 te 110 aad 120, tile fellewing pliBlieatieas are ineeFfJerated By referenee:

(a) CFR, Title 49, U.S. EfivirellFfteatal Preteetiea Ageney;

(6) CFR! Title 49, U.S. Depaibneat ef TraftSfJertatiea.

(2) The referenees listed ia seetien (1) ef t1Hs mle aad ill 49 CFR 2l'i9.11 are a'/aila61e fer

iaspeetiea at tile Depaibn<!at sf Ew/ireiiiReatal Qliality, 811 S.W. Sixtil A-/eftlie, Pertllllltl, OR

9+2Q4. These materials are iaeeFfJerated as tiley el(ist en Jtily 1, 1990.

3. Rule 340-101-040 and Appendix 1 are proposed to he amended as follows:

Wastes Requiring Special Management

340-101-040

A1.2
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Attachment A

Agenda Item C

EQC Meeting 5/19/95

(2) Except as' otherwise modified or specified by OAR Chapter 340, Division Ill, the rules and

regulations governing the standards for the management of used oil, prescribed by the United States

Environmental Protection Agency in Title 40 Code of Federal Regulations, Part 279 ftfIti

a-meMmeftlS therets promulgated through July I, 1993, are adopted by reference into Oregon

Administrative Rules and prescribed by the Commission to be observed by all persons subject to

ORS 466.005 to 466.080 and 466.090 to 466.215.

(Comment: The Department uses the federal preamble accompanying the federal regulations and

federal guidance as a basis for regulatory decision making).

2. Rule 340-100-011 is proposed to be deleted as follows:

Refereaees

J4D IDD D11

(1) la aeeitisa ts the IlltillieatisftS Iistee ia 49 CFR 26D.11, ...mea usee ia OAR Chapter 340,

Di'lisisftS 100 Is 110 aM 120, the fellswillg IlltilliealisftS are inesrpsratee by refereaee:

(a) CFR, Title 49, U.S. Ea'lirenmeHlllI Prsleelisa Ageaey;

(b) CFR, Title 49, U.S. DellartffieHlsf TraHSpSrtlllisa.

(2) 'The refereHees Iistee in seelisH (1) sf this rule aM in 4D CFR 269.11 are a'raHable fer

illSlleelisH althe DellartmeHl sf EH'IirsnmeHlIII Quality, 811 S.W. Sixth A'ieHUe, PsFllaoo, OR

9+204. These materials lIFe iaesrpsralee as they exist sa July I, 1990.

3. Rule 340-101-040 and Appendix 1 are proposed to be amended as follows:

Wastes Requiring Special Management

340-101-040

(1) Abrasive Blast Waste Containing Pesticides. Abrasive blast waste which contain pesticides that

do not meet the criteria specified in 40 CFR Part 261, Subpart C, and are not a federal hazardous

waste for any other reason, and meet the criteria identified in OAR 340-101-033 (5)(a) are not

subjectto Divisions 100 to 108 and 109 provided:

A2
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(a) the waste is prevented from entering the enviromnent; and,

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Attachment A

Agenda Item C

EQC Meeting 5/19/95

(Comment: The practices described in Appendix 1 "Best Pollution Prevention Practices for

Abrasive Blast Media Waste from Shipyard Repair Facilities", provide guidance. The guidance in

Appendix 1 or equivalent Best Pollution Prevention Practices should be used).

(b) the waste is not stored for more than six months unless the generator demonstrates that a longer

storage time is necessary to meet the management standards in OAR 340-101-040(1)(c); and,

(c) the waste is recycled, disposed of according to OAR 340-93-190(1)(0, or disposed of at a

hazardous waste facility or other facility authorized to receive such waste.

(2) Pesticide Treated Wood. Spent treated wood that is used or reused for a purpose for which the

material would be treated is exempt from this part and from OAR 340-101-033(5)(a). Waste

resulting from the use of newly pesticide treated wood, including scrap lumber, shavings and .

sawdust; waste resulting from shaping pesticide-treated wood, such as sawdust, shavings and chips;

and treated wood removed from service that do not meet the criteria specified in 40 CFR Part 261,

Subpart C, and are not a federal hazardous waste for any other reason; and, are not otherwise

excluded by 40 CFR 261.4(b)(9), but meet the criteria identified in 340-101-033 (5)(a); are not

subject to Divisions 100 to 108 provided:

(a) the waste is not stored for more than six months unless the generator demonstrates that a longer

storage time is necessary to meet the management standards in OAR 340-101-040(2)(b); and,

(b) the waste is recycled, disposed of according to OAR 340-93-190(1)(g), or disposed of at a

hazardous waste facility or other facility authorized to receive such waste.

A3
CERTIFICATE AND ORDER

FOR FILING

PERMANENT

ADMINlSTRATIVE RULES WITH THE SECRETARY OF STATE

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1 HEREBY CERTIFY that the attached copy is a true, full and correct copy of PERMANENT rulets)

adopted on May 18, 1995 by the Environmental Quality Commission to become effective upon

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The within matter having come before the Enviromnental Ouality Commission after all

procedures having been in the required form and conducted in accordance with applicable statutes andrules and

being fully advised in we premises;

Notice of intended Action publisbed in Secretary of Stale's Bulletin:

NO 0 YES Ili1 Pate Published: . April 1. 1995

NOW THEREFORE, IT IS HEREBY ORDERED THJ\T the following action be w.eu: (List Rule

Nwnber(s) or Rule Title(s) on Appropriate Lines Below)

Adopted:

(New ToULI RUles)

Amended:

(Existing Rules) OAR 340-100-002(1), 340-101-040(l)(a) and 340-101-040

Appendix 1, 340-104-228(1), and 340-105-001(3)

Title:

OAR 340-100-011. 340-102-042. and 340-102-044

Repealed:

(Total Rules Only)

as Mministrative Rules of the Environmental Quality Commission,

OJ\TED this~ day of May, 1995, By: ~~ _

'K..>Ie1 Guo r:<f.t,~fo"

.,

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,

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Statutory Autbcriry: ORS 466,020. ORS In, ORS 646 or

Chap,er(s) N. A, or

House: BiIl(s) N ,A" 19~LegislatuIe: or Senate Bil1(s) N ,A, • 19_LegislalUre

Subject Matter: N ,A,

For Funher Information Contact: Gary Calaba Pbone: (503)229-6534