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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'eaeFaIRegister 48G43 4811G,**Se~tember** 

### 19, 1994, 

### Part 268 

### as lIffieBtlea is telHflerliFily**lIae~tea** 

### by 

### Ferereaeeeffeeti'/e Deeember 19, 1994.

INote:On March 3. 1992.'in 57 Federal Register 7628. EPA oromulgateda readoption of 40 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 StatehadindependentlyandlegaUy adopted mixtureandderived-from rules under statelawin 1984, and hasindicateditsintenttomaintainthemixtureandderived-from rules with eachannualrulemaking update. 

### Al

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Attachment A Agenda Item C EQC Meeting 5/19/95

As specified in the Federal Register. the effective date ofthe 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 ofused oil, prescribed by the United States Environmental Protection Agency in Title 40 Code ofFederal 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 ineeFfJeratedByreferenee: (a) CFR, Title 49, U.S. EfivirellFfteatal Preteetiea Ageney; (6) CFR! Title 49, U.S. Depaibneat efTraftSfJertatiea. (2) The referenees listed ia seetien (1) eft1Hs mle aad 

### ill 49 CFR 2l'i9.11 are a'/aila61e fer iaspeetiea at tile Depaibn<!at sfEw/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 ofused oil, prescribed by the United States Environmental Protection Agency in Title 40 Code ofFederal 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. DellartffieHlsfTraHSpSrtlllisa. (2) 

### 'TherefereHees Iistee in seelisH (1) sfthis rule aM in 4D CFR 269.11 are a'raHable fer illSlleelisH althe DellartmeHl sfEH'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:
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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 BestPollution 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 

### OFSTATE 

## ., 

# IJ:J J{,j -rtLc 

# • =**,.,,,;,~**

# - <o :..":': 

# '" -<; '0 c

....

## , ';. 

# ." ee**~.** c.**~:**



### ...... 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

.

# . ,**"--r;'--~-' ~~-----**  The within matter having come before the Enviromnental Ouality Commission after all procedures having beenin therequired form and conducted inaccordance with applicable statutes andrulesand being fully advised in we premises; Notice ofintended Action publisbed in Secretary ofStale'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: 

### OAR340-100-011. 340-102-042. 

### and 340-102-044 Repealed:

(Total Rules Only)

as Mministrative Rules ofthe Environmental Quality Commission, OJ\TED

# this~ day of May, 1995, By:

# ~~ _ 

### 'K..>Ie1 

## Guo**r:<f.t,~fo"**

., 

## 8 ;

# , ! 

### I ! 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