:." ".

### - .' -,., '.:.-**.~**s----, f:

# •

•I DEPARTMENTOF ENVIRONMENTAL QUALITY P.O. Box 1760, Portland, Oregon 97207 

### JUN11 

# 1981 DavidHanline U.S. Environmental ProtectionAgency Mailstop 530 1200SixthAve. Seattle, Washington 98101 DearMr.**Hanlin~:** 

### Inorderto ensure that standards substantiallyequivalentto the Federal InterimStatus Standards are applicable to permittedhazardous waste facilities inOregon, we haveincorporated into our permits a"condition which refers to "approvedplans andprocedures which are adequate to demonstratecompliancewith 40CFR Part265. II 

### "(As anexample, see conditionA6of the Van Waters andRogers Treatment-Collection site license issued June 4, 1981.) We understand thatin the course ofEPA's review of ourInterimAuthorizationApplication, there hasbeen some uncertainty overhow this condition is to beinterpreted. Pleasebeaware that it is our intentto approveplans and procedures requiredby State licenses. We intend to reviewthese plans and procedures during ourcompliance assurance inspections. Ifthe plans and procedures are found inadequate, appropriate enforcement actionwill be taken to ensure they are upgraded to the pointof approvability.

# a~o~- Richard P. Reiter, Supervisor HazardousWaste Section SolidWasteDivision

# •

•

• PROGRAMDESCRIPTION A.**Sco~,** Structure, Coverage, and Processes of State Program As a resultoflegislative and administrative actions taken during the 1970's, Oregon currently has operational a hazardous waste management program that is "substantially equivalent" to the May 19 and July 16, 1980**~ederal** programpromUlgated by EPA for the types of wastes generated in Oregon and the other Pacific Northwest states. That portion administered by the DEQ is contained in ORS Chapter 459·andOAR Chapter 340 Divisions 61, 62, and 63. That portion relating to transportatlonof hazardous waste is administered by the PUC and is contained inORS Chapters 484, 756, 767 andOARChapter 860 Division 36. Copies of these statutes and rules are contained in a section of this application**entitle~** statutes and rules. Although EPA has expressed an intent to regulate certain radioactive wastes as hazardous wastes, it has delayed such action until Congress clarifies EPA's authority in this area (expected in the fall of 1980). While Oregon's definition of "hazardous waste" specifically excludes "radioactive waste", it is noted for the record that two other Oregon Agencies have specific authorities in this area: 1. Department ofHumanResources HealthDivision Radiation Control Section ORS Chapter 453 - Hazardous Substances: Radiation Sources OAR Chapter 333 2. Department ofEnergy ORS Chapter 469 - Energy Conservation OARChapter 345

# • At such time as EPA's role is clarified, and its rules promulgated, Oregon will be in a position to evaluate its "substantially equivalent" status. DEQ would assume a lead agency role for coordination withEPA and appropriate Memorandums ofAgreement would be signed to identify interagency coordination of State programs. (Except for ORS 469, these statutes and rules have not been included at this time.) The significant provisions of the state program are (see the substantial equivalent.check lists and background comparisons for more detailed- section by section analysis): 

# •

• 1. Definition: Oregon's statutes and administrative rules contain definitions for solid waste and hazardous waste. At this time, these definitions do not contain the categorical exemptions (i.e. domestic sewage, utility wastes, crude oil and natural gas exploratory wastes, etc.) that the EPA definitions do, hence, they are probably more inclusive.
Onthe other hand, Oregon law distinctly separates the management of hazardous wastes and radioactive wastes as described above. Further, mining wastes (mining meaning the process or business of extracting coal, minerals or ore from a mine) and waste explosives are specifically excluded from coverage by administrative rule as will be discussed later•

# •

• It is our opinion that the use of the term "residue" inORS 459.410(6b) can be construed to cover all wastes (i.e., garbage, refuse, sludge from waste treatment plant, water supply treatment plant or air pollution control facility) intended to be covered by EPA's definition inRCRA 1004(27). Also, it is our opinion that the terms "any process of industry, manufacturing, trade or business or government or recovery of natural resources" in ORS 459.410(6b) is comparable to the use of the terms "industrial, commercial, mining and agricultural**op~rations** and from community activities" inRCRA 1004(27). WhileOregon's rules do not approach mixtures of hazardous and solid/non-hazardous wastes in the same manner as EPA, OAR 63-215(11) does prohibit dilution of hazardous wastes if done to evade the intent of these regulations. WhileOregon does provide exemption from certain administrative requirements for generators of small quantities of hazardous wastes, the exemption varies by characteristic and is generally less than the 1000 kilogram or 2200 lb. per month exemption allowed by EPA (i.e. ignitable - 25 lbs per month; corrosive - 200 Ibs per month; reactive - no exemption except for that waste handled by a local, state or federal agency; toxic - 10 Ibs ofpesticide related residues per month or 200 Ibs of halogenated hydrocarbons and phenols per month, etc.).

# •

•

• The only substances where Oregon is less restrictive are those pure chemical substances on the acutely hazardous list (261.33(e» where EPA's exemption is 2.2 lb. per month. Since most of the pure chemical substances listed are pesticide products, the difference is between 2.2 Ibs and 10 Ibs, a difference thatwedon't believe is significant. Further, since almost all of these pure chemical substances are manufactured or formulated outside the State, the amounts ofpure chemical substance intended for disposal has been historically very limited. It is Oregon's intent that small quantity exempted wastes be disposed of at a State permitted municipal or industrial landfill. Although OAR 340-63-135 is not worded as explicitly as EPA's 261.5(d3), the stated intent during rule adoption and implicit in the language "or landfill permittee" is the requirement that small quantity hazardous wastes go to a state permitted municipal or industrial landfill. Since itwas difficult, if not impossible, to predictwhat wastes EPAwould specifically list, or what characteristics EPAwould adopt, the current State programprimarily relies on characteristics to define hazardous wastes (i.e. ignitable, corrosive, reactive and toxic). In comparing the ignitable characteristic, we find they are nearly identical in terms of language and coverage. In comparing the corrosive characteristic, Oregon's definition appears more restrictive in that it covers wastes with a pHgreater than 12.0 (versus 12.5) and it is not limited to aqueous material•

# •

• In comparing the Reactive characteristic, wefind they're nearly identical except that we exempt waste explosives under the control of local, state or federal authorities and wedon't particularly mention cyanide or sulfide bearing waste as two specific wastes that will form toxic fumes when mixedwith water under mildly (pH between 2 and 12) acidic or basic conditions. We believe it goes without saying that they're covered if they form toxic fumes or gasses. When weexempted waste explosives under'local, state or federal.' control, it was our judgement that local and state police and fire departments or the US Department ofDefense had as much, if not more, expertise in their proper management and disposal than wedid. Considering there have been no incidents of improper management since our exemption, webelieve our position to be reasonable. The,single characteristic that is most difficult to compare is EPA'S EP (Extraction procedure) toxicity andOregon's toxic category. ClearlyOregon has no current rule comparable to the EP toxicity. requirement. Onthe other hand, Oregon's toxic characteristic accomplishes most of whatEPA accomplishes with its EPtoxicity requirement and lists of pure chemical substances. In fact, since Oregon's toxicity characteristic is not limited to pure chemical substances, it clearly encompasses a greater universe of hazardous wastes. AlthoughOregon does exclude mining waste from hazardous waste regulation, viewed in the context of existing or proposed mining

# •

•

•• activities this is not considered a significant deficiency. Only one major surface mine, for nickel ore, is operating near Riddle, Oregon. Several goldmining operations are being proposed in Northeastern Oregon and a uraniummine is being proposed in SoutheasternOregon. Since the goldmines may use a cyanide leaching process, they are currently being reviewed byDEQ's water quality programwhile the uraniummine will be evaluated againstDepartment of Energy regulations. Lastly, properly decontaminated hazardous material and/or hazardous waste containers are not considered hazardous waste. Nondecontaminated containers intended for disposal must go to a hazardous waste disposal site• In summary, for those wastes generated in Oregon and the other Pacific Northwest States, it is our opinion that our definitions and characteristics cover a "substantially equivalent" universe ofwaste compared to the EPA approach. Those few wastes not nowdefined as hazardous would still likely come under Oregon scrutiny, however, due to the aggressive programs also being carried out for nonhazardous solidwaste, water pollution control and air pollution control. BothEPA (260.20 and 260.22) andDEQ (ORS 459.430) have procedures to declassify substances from their respective hazardous waste characteristics and/or lists. Oregon has used its procedures to exempt waste explosives and mining wastes as described above. TO2. 

# •

•• avoid apparent conflicts during Phase I and II Interim authorization, it will be the Department's POlicy not to recommend any additional declassifications unless and until EPA has first acted in a positive manner on a declassification petition. 2. Generator Requirements: Oregon's Administrative Rules require all generators to manage their wastes according to identified standards for handling, transportation, storage and disposal, including packaging and labeling according to federal DOT standards, with the following exceptions: 1. Persons generating less than 2000 lbs. of hazardous waste per year.need not comply with the generator identification and quarterly reporting**requirements~** Persons shipping less than 2000 lbs. of hazardous waste per load need not comply with the manifest, reporting or recordkeeping**~equirements~** and 3. Persons whogenerate only empty containers, wastes exempted as small quantities or whose wastes is already covered by a state or local National Pollutant Discharge Elimination System (NPDES) or Water**Pollutio~** Control Facilities (WPCF) permit need not comply with any of the generator requirements. Relative to exception 1, generators of 27 to 2000 lbs per year of a pure chemical substance listed in Section 26l.33(e) would not be covered by DEQ. Since weoffered the opinion earlier that wedon't 

# • 3·7

# •

•

:,

# •

......:.... believemanyof these pure chemical substances are being disposed of in Oregon, this exception is not considered significant. Relative to exception 2, theoretically a large generator could break his shipment down into less than 2000 lb. shipments (about 5 - 55 gallon drums) but we doubt that the benefits to be enjoyed (not filling out a manifest) would equal the costs to be incurred to arrange multiple shipments. Further, the wastes would still have to go**to~ lic~nsed'facility**  and for shipments totalling more than 2000 lbs. per year, a quarterly report would still be required. Relative to exception 3, persons disposing of only empty containers would still have to satisfy OAR 63-130 but not the PartCGeneration requirements**(O~ 63-~10**  to 63-240). Except for the generators of pure chemical substances in EPA's section 26l.33(e), between 2.2 lbs. and 10 lbs. per month small quantities generators would be exempted from generator standards under bothDEQ and EPA programs. As described earlier, however, these small quantities of hazardous waste would still have to go either to a hazardous waste landfill or state permitted municipal or industrial landfill. Lastly, even though it has not been used to date, we felt a generator's waste which was already covered adequately by a NPDES or WPCF permit would not have to comply with the PartC - Generation requirement
These three exceptions were adopted by the EQC during a rulemaking proceding using the authority provided in ORS 459.445(3a&b) that reads in part "•••Such an exemption can only be made if the Conunission finds

# •

• that, because of the quantity, concentration, methods of handling or use of a hazardous waste, such a class or type of generator is not likely either: (a) To cause or significantly contribute to an increase in serious irreversible or incapacitating reversible illness: or (b) To pose a substantial present or potential threat to human health or the environmenta • In addition to these limited exceptions, additional rules in the following areas would be needed for final authorization: International shipment notification, certification statement on manifest, hazardous waste shipment by rail or water, warning and identification statement on containers, reduce unlicensed storage time from six months "to 90 days, require action deadline of 35 and 45 days on manifest discrepancies and retention of records beyond three years in case of unresolved enforcement cases'-
Even without these seven points covered by Oregon rule, it is the Department's opinion that the Generator requirements can be found "substantially equivalent" to the federal program. Further, to the degree that sharing of non-confidential information between states can be arranged in the near future, little if any wastes in the Pacific Northwest should actually go unnoticed.

# •

• 3 • Transporter Requirements: Anymotor carrier (except for private motor vehicles under 8,000 lbs. gross weight, farm vehicles used in farm operations, or motor vehicles owned and operated by the United States, State ofOregon, any county, city, town, or municipality, or any Department of any of them) transporting more than 2,000 lbs. of hazardous waste must obtain an identification number, transpOrt waste labeled and packaged according to DOT standards;·deliver'only to**des~gnated** facility (or alternate facility) and assume responsibility for and initiate cleanup of any spills that occur during transportation. Except for small quantity exemptedwastes, transporter to accept only shipments accompanied by a manifest and keep copies of signed manifest for three years• While substantially equivalent to EPA's transporter requirements, the statutory exemptions for publicly-owned vehicles, farm vehicles and

. . private vehicles under 8000 lbs. gross weight will need to be removed in.order to attain final authorization. Further, additional administrative authority is needed relative to rail and water shipments, transportation.of acutely hazardous waste in excess of 2.2 lbs. per month, retention of records beyond three years in case of an unresolved enforcement action and international shipments. 4. Owners or Operators of Storage, Treatment, and Disposal Facilities Oregon's program requires owners and operators of off-site storage (collection) sites, off-site treatment facilities and all disposal 

# 3,'0

# •

• sites to obtain an identification number, obtain a license (permit) from the DEQ and provide sudden or accidental liability insurance. Operators of disposal sites shall provide closure and post-closure performance bonds and deed all lands to be used for storage, treatment and disposal to the State ofOregon prior to use. Statutory language exists to require licensedmanagement facilities to comply with standards comparable to the Interim Status Standards. It is the Department's intent to incorporate those requirements into any new, renewal or modified**licens~** issued after-September I, 1980.- Owners and operators of all storage, treatment and disposal sites must comply with minimum standards such as: incompatible waste separation, using adequately constructed containers and tanks, allow representatives ofthe DEQ to make inspections, participate in the manifest program, submit periodic reports (quarterly for storage and treatment facilities and monthly for disposal sites) and retain reports for three years. However, because of the way the statutes are constructed, unlicensed management facilities (on-site storage and on-site treatment) do not have to meet standards comparable to the Interim status Standards. While this may be viewed as a significant deficiency, Several factors should be considered that we believe mitigate against the potential adverse impacts of this deficiency: 

# •• 1. The interim Status Standards, as currently constructed, are practical, common-sense preventative requirements that companies managing hazardous waste shouldwant to comply with, if they already aren't complying.2. 

# • Although the number of on-site storage and treatment facilities are unknown at this writing, EPA's notification requirements will be identifying those companies in the near future. In Section G, we estimate there will be 20 on-site storage facilities and 5 on-site treatment facilities. 3. In Section Eon Compliance Monitoring and Enforcement, DEQ 

# '.

•• 4. has classified as a non-major hazardous waste management facility any facility submitting a Part'A,permit application, form that is not already licensed byDEQ (in which case, it will be classified a major hazardous waste management facility per our listing of facilities in the Memorandum ofAgreement). In our compliance program for non-major hazardous waste management facilities, it would be our intent to seek voluntary compliance with the Interim Status Standards. It is our opinion based on the degree of compliance attained in our water quality, air quality and solidwaste programs that most, if not all, owners and/or operators of these management facilities will voluntarily comply with these requirements. For whatever reasons, Oregon has not had to use strict legal enforcement techniques to attain high levels of compliance with either technical standards or compliance schedules in other environmental programs. We have every reason to believe that Oregon's industry will show the same responsiveness in the hazardous waste management program.

# • 5 • DEQ has publicized its intent to develop a hazardous waste regulatory program that is "equivalent" and "consistent" with the federal program. Not to comply with a voluntary request for compliance at this time merely delays the inevitable. Again, Oregon's industry has shown repeatedly that it's responsive to reasonable regulatory requirements.



# •

• While substantially equivalent to EPA's program, additional state auth9rity.will be needed in the following areas for final authorization: generators storing or treating on-site currently are not required to obtain an identification number, to obtain a license from the DEQ, to submit periodic reports of waste handled or provide liability insurance; and no closure or post-closure performance bond is required of aQy storage or treatment facility. Once the on-site storage and treatment facility licensing exemption is removed, DEQ will be able to apply the Interim Status Standards to all hazardous waste management facilities. In the meantime, DEQ is confident that it can attain a high level of compliance with the Interim Status Standards with a request for voluntary compliance. 5. Compliance Monitoring: Adequate statutory and administrative authorities exists to allow DEQ and PUC personnel to conduct periodic inspections of all generators, transporters and management facilities•

# •

•

• 6. PUC conducts random driver/equipment compliance inspections at places such as Ports ofEntry, truck weighing stations and at management facilities as well as conducting audits, investigations or inspections at carrier truck terminals. DEQ will be scheduling periodic inspections of generators, nongenerators, and management facilities based on factors such as waste tyPes, waste quantities, geographically or envirpnmentally sensitive areas, ·andprobabili.ty of serious public health or environmental hazards due to uncontrolled releases of hazardous waste. Enforcement:
For viOlations of transporter regulations, penalties can vary from uniform traffic citations issued by the Oregon State Police under ORS Chapter 484, to civil penalties, criminal penalties or suspension or revocation of operating authority by PUC under ORS Chapters 756 and 767.
Violation of statutes or rules pertaining to generators, transporters and management facilities is punishable, upon conviction, by a fine of not more than $3,000 or imprisonment for not more than one year or by both. Each day of violation shall be deemed a separate offense. In reviewing ORS 484.990, 756.990, 767.990, 459.992 and 459.995, webelieve the enforcement authorities equal or exceed EPA's minimumpenalty provisions for interim authorization•

# •

• 7. DEQ and PUC are in a position to also: A. Investigate and provide written response to all citizen complaints.
B. Not oppose intervention by any citizen where permissive intervention may be authorized by statute, rule, or regulation. C. Publish and.provide at least 30**daysf~r** public comment on any proposed settlement of a state enforcement action. Indian Lands Having reviewed and considered Oregon's authority to implement a hazardous waste regulatory program on Indian Lands, it is the DEQ's position not to regulate hazardous waste and/or hazardous waste management facilities on Indian Lands. DEQ will be expecting EPA to implement RCRA Subtitle "C" regulations on Indian Lands in Oregon. 

# ;. 8. Underground Injection Wells for Hazardous Wastes Oregon's current position is that it will not assume primacy for the Underground Injection Control (UIC) program. Therefore, any hazardous wastes proposed to be disposed of through an underground injection**~ell** will be regulated as a disposal site under the State's hazardous waste management program at this time. Should EPA implement a UIC program in Oregon, DEQ may reconsider its decision in this matter. ZBIOl(1) 

# 3. \f;

# •

••• B. State Agency(ies) Organization and Structure The DEQ and PUC are the executive branch agencies responsible for administration of the State's hazardous waste management program. DEQ is responsible for regulating and insuring compliance by generators, owners and operators ofmanagement facilities and coordinationwith EPA. PUC is responsible for regulating and insuring cOmpliance by transporters. Appendix Aofthis section is the Memorandum ofAgreement outlining each agency's role in administration of the state hazardous waste program. Chart 1 is an organizational chart for the DEQ. As an executive branch agency, the Governor is ultimately responsible for DEQ'S administration of the hazardous waste program. The Governor appoints theEQC, a 5-member lay commission who set policy and adopt administrative rules. The Commission appoints the Director who's responsible for program implementation. The Hazardous Waste Section is located within the Department's SolidWaste Division and is responsible for establishing goals and objectives, budgeting, drafting rules, training, technical assistance and license issuance. The DEQ's Region and BranchOffices are responsible for program implementation including drafting licenses, inspecting generators and management facilities, compliance monitoring, enforcement, complaint investigation and emergency spill response. The Laboratory Division is responsible for environmental monitoring, analytical analysis and data interpretation. Chart 2 is an organizational chart for the PUC. As an executive branch agency, the Governor is ultimately responsible for PUC's administration of the hazardous waste transportation program. The Governor appoints the

# •

• PublicUtilityCommissioner who is responsible for setting policy and adopting administrative rules. The DeputyCommissioner for Motor Programs is'responsible for program development and implementation. Inspections, compliance audits, enforcement, complaint investigations and emergency spill response is handled by the Investigations Divisionwhich is located within the PUC Motor Program. Chart 3 is a description of the DEQ and PUC staff currently assigned to administer the state's hazardous waste·program. The-DEXroostis are budget figures taken from the 1981 State-EPAAgreement. The PUC costs are one-year bUdget figures taken from PUC's legislatively adopted 1979- 1981 biennial budget. Chart 4 is a breakdown of the total cost identified inChart 3 by Personal Services (salary), other Personnel Expenses (Social Security, State retirement, health and dental insurance, etc.), IndirectCosts (charge against all other funds to supportAgencyManagement), Services and Supplies and Capital Outlay. Chart 5 is the work outputs identified in the State-EPAAgreement amended to include PUC's manpower contribution (0.5 in output 1, 0.5 in output • 2 and 1.0 in output 3).

RR:bca ZBl07 (1)

# .. . ... i ... (,,:



# -- 

# • ExhibitA Section B MEMORANDUN OF UNDERSTANDING betvleen THEOREGON DEPARTMENT OF**ENVIROl-."MENT~.L** QUALITY and THEPUBLIC UTILITY COM}1ISSION OF OREGON
In order to better control the transport and disposal of certain 

### StateAgency Organization

hazardous wastes, the above named parties enter into this memorandum of understanding. THEOREGON DEPARTMENT OF ENVIRONMENTAL QUALITY AGREES TO: 1. Design a**~anifest syste~**  to monitor the flow of certain listed wastes. DEQwill supply the necessary forms for said 

# • 2. system. The procedures needed to implement and operate the system will be determined jointly with the PUC. Supply to the PUC a l'ist of the wastes and known generators that will be included in**~~is** system. Update the list periodically.



# • 3. Help implement the systemby notifying the generators and disposal site operators of its requirements. 4. Assure generator and disposal site compliance thru OrtS 459.045 ana ORS**~59.4iO** - 459.690. A specific pro?Osal will be made to the**Enviro~~ental** Quality Commission to adopt a rule requiring the listed generators to comply with the system. 5. Receive and analyze reports generated by the system; and to inform the PUC of any**app~rent** transporter violation of procedures. 

# 3.I·B"

.. -;I,



### .\;.

.' 6 . Assume enforcement responsibility for violations of solid waste or environmentally hazardous waste regulations. THE PUBLIC UTILITIES COMMISSION AGREES TO: 1. Hold rule making proceedings to adopt a new rule requiring transporters ofwastes listed by the DEQ to participate in the manifest system. This would apply to intra and inter-state shipments. 2. Help implement the systemby notifying the transporters of its requirements. I 3. Develop jointlywith the DEQ procedures needed to implement and operate the system. 4. Enforce participation in the systemby all transporters of such named wastes. 

# •

o J Young William H. Director**Depart~ent** ofEnvironmental Quality CharI Davis commissioner Public Utilities Division

1 .• '_0'

# •**DEPARn.~T** 

### OF ENVIRONMENTAL QUALITY
Governor Victor Atiyeh

Environmental Quality Commission Joe B. Richards, Chairman
DEQ William H. Young, Director

Management Services Division Laboratory Division RegionalOperations Division Solid Waste Division Ernest A. Schmidt,Administrator

Hazardous Waste Section Richard**P~** 

### Reiter Supervisor

Chart 1 Air Quality Division Water Quality Division

# • PUBLIC UTILITY COMMISSIONER

Governor Victor Atiyah

Public Utility**Commission~r** 

### John.J. 

### Lobdell

\dr.rative Ices Consumer Assistance and Weatherization Programs 

# IProceedings Motor Program Don Haakenson Assistant Commissioner**~a** 

### i I-A i r-Mar i ne Program Utility Program



# • Investigations Division Paul Henry, Division Administrator

Chart 2

# •

Administrative Costs 

# • Char t 3 Manpower and Financial Resources Committed to Oregon's

Federally Related Hazardous Waste Management Effort 

# •

VJ 

# . V 

# V .... Funding·Sources Staj;f nutIes

. . . .... .FTE Federal State Ernest Schmidt Goals and objectives setting, strategy and policy 0.30 22,520 Administrator setting, budgeting, coordination with other DEQ Solid Waste Division programs, coordination with EPA, and Attorney General assistance. Debby.Onishi' Receptionist; supervise and/or arrange for typing, :, 0.30 8,487 Management Assistant filing, appointments; assist with bUdget preparation. Richard Reiter Personnel supervision (work plans, performance 1.00 61,545 Supervisor appraisals); coordination with other local, state Hazardous Waste Section and federal agencies, including EPA; preparation of reports, applications, budget. Clerical Specialist Typing, filing, assist with reports and records 1.0 15,198 (Proposed federal maintenance and review. assignee to begin 10/1/80) '.

# ".

Technical Costs
- DEQ 

# • Chart 3 (corrtinued ) Manpower and Financial Resources Committed to Oregon's

Federally Related Hazardous Waste Management Effort 

# •

Funding'Sources 

# VJ

... 

# y (fl staff Fr,ed Bromfeld Senior Environmental Engineer Eduardo Chiong Environmental Engineer Duties Drafting of statutes and rules, issuance of disposal site license, plan reviews for management facilities, emergency spill response and technical assistance to regulated community, public, DEQ and other state agency staff. Disposal site compliance inspections, review for approval/denial disposal request for use of hazardous waste disposal site; emergency spill response, complaint investigation, enforcement and technical assistance to regulated community, public and DEQ and other state agency staff. FTE 1.0

0.75 Federal I State 47,314
30,636

Bill Hartford Hazardous Waste Specialist Gary Hahn Hazardous Waste Specialist Treatment facility licensing and inspection; generator

### I: 1.0 identification and registration; generator compliance with manifest, emergency spill response, complaint investigation, enforcement and technical assistance to regulated community, public, DEQ and other state agency staff. Storage facility licensing and inspection; dilute 

### I ' 1.0 pesticide solution control program; hazardous material/., waste container disposal program; complaint investigation, enforcement, and technical assistance to regulated community, public, DEQ and other agency staff• 43,441

31,773

### 0J 

## V -c, 

# ,':,.

Technical Costs
- DEQ

Staff Hazardous Waste Specialist--Regional Office Three (3) Environmental Protection Specialists**(Propose~** federal assignees to begin 10/1/80) Rick Gates Chemist,,;

# '.
Valerie Lee Public Information Officer 

# e Chart 3 (continued) Manpower and Financial Resources Committed to Oregon's

Federally Related Hazardous Waste Management Effort

Duties Assist with license drafting; generator and management facility compliance inspections, enforcement, complaint investigations, emergency spill response and technical assistance to regulated community, public and other state agency staff. Assist with license drafting; generator and management facility compliance inspections, enforcement, complaint investigations, emergency spill response, and technical assistance to the regulated community, public and other state agency staff. Environmental monitoring at storage, treatment and disposal sites; laboratory analytical work and data analysis; emergency spill response, technical assistance to regulated community, public and DEQ and other state agency,staff. Develop and implement public participation and public education program for rule making; license issuance; goals and objectives setting; bUdget; grant applications and provide technical assistance to regulated community, public and DEQ and other state agency staff. ,FTE 

### 1.0

'3.0



### 1.0

0.75 

# •

Funding'Sources Federal I State

44,164
80,616
60,714
27,242

# w 9J 

# v,. 

# :.

Technical Costs
- PUC

Staff Two (2) Motor Carrier Safety SpeCialists 

# • Chart 3 (continued) Manpower and Financial Resources**Co~nitted** to Oregonls.

Federally Related**l~zardous** Waste Management Effort

Duties Provide technical assistance to motor carriers, including safety training courses; investigates hazardous material/waste incidents; conducts terminal surveys, including compliance with manifest requirements;·conducts random vehicle safety checks, including compliance with hazardous material/waste rules; complaint investigation; enforcement and technical assistance to regulated community, public and DEQ and other state agency staff. 

### FTE 2.0 

# •

... Funding'Sources Federal I state 54,736

# • Chart 3 (continued) Manpower and Financial Resources Committed to Oregon's

Federally Related Hazardous waste Management Effort

Summary ofCosts

• Administrative Costs
- DEQ Technical Costs
- DEQ Technical Costs
- PUC TOTALS . . ..·Ftindinq .scuroes. FTE .Federal. State 2.60 107,750 9.50 287,950 77,950 2.00 54,736 14.10 395,700 132,686



# •

# (. _4 • Breakdown ofCosts Committed to Oregon's Federally Related Hazardous Waste Management Effort Other Services Personal Personnel Indirect and Capital Total Services Expenses Costs Supplies Outlay Costs



# -- Ernie Schmidt 11242 3148 3813 4317 22520 Debby Onishi 4237 1186 1437 ,1627 8487 Richard Reiter 30723 8603 10421 li798 61545 Clerical Specialist 9579 958 4661 15198 Fred Bromfe1d 29571 8280 9463 47314 

## W Eduardo Chiong 19148 5361 '6127 30636



# - ,.; Bill Hartford 21686 6072 7356 8327 43441 Gary Hahn 15861 4441 5380 6091 31773 Hazardous Waste Specialist
- 22047 6173 7478 '8466 44164 Region Three (3) Environmental 54681 5469 18216 2250 80616 Protection Specialists Rick Gates 24318 6809 8249 21338 60714 Valerie Lee 13599 3808 4613 5222 27242 Two (2) Motor Carrier Safety 32472 8832 10364 3068 54736 Specialists

# •

•

• Chart 5 RCRA Work Plan FY 81
Output 1: Notification and Registration Program Output 2: Manifest Program Output 3: Generator, transporter and Management Facility Surveillance and Enforcement Program Output 4: Phase II and Final Authorization Output 5: Emergency Spill Response and Complaint Investigation

. Output 6: Public Participation Manpower Committed (FTE) 3.00 0.75 7.00
1.85 0.75 0.75 Program Costs 88,953 24,545 261,980
104,381

21,285 27,242

# •

•

• C. Licensing (permitting) and State APpellate Review Procedures Oregon's hazardous waste management program currently requires owners and/or operators of off-site storage (collection) facilities, off-site treatment facilities and all disposal sites to be licensed by the DEQ. Generators storing or treating on-site**a~~** exempt from the licensing requirements**~.t** .**~?t.frC>ll\_coInplying** with.,the technical standards regarding waste management (i.e., security, proper packaging or containment, shipping ·within laO days of initial storage unless otherwise authoriied,·use of-·

a manifest for wastes shipped off-site, etc.). Following receipt of an application for licensing**off-si.~~**..**_~~~~ag~** or treatment facilities, DEQ staffprepares a draft license, prepares and

:---

__ ._ "

__• ••

__0 _- ••" ••• distributes a public notice of intended action to approve/deny and holds a public hearing if the Director finds there is significant public interest in intended action. Following public notice/public hearing the Director ·issues/denies license. Denial of a license is appealable to the EQC. Action by the EQC is subject to judicial review (see ORS 183.480 through 183.500). Following receipt of an application for licensing a disposal site, the DEQ shall distribute copies of the application to the following state**ag~ncies:** Health Division, PUC, Fish andWildlife andWater Resources. If the State Health Division recommends against issuance, the EQC must refuse to issue the license. Recommendations from the other agencies shall be considered as evidence in determining whether to issue/deny license•

# •

• Following DEQ staff's drafting of proposed license conditions, the EQC shall hold a pUblic hearing in the county or counties affected and at such other places as it deems necessary. The EQC shall issue/deny the license as contrasted to the Director issuing/denying in the case of storage and treatment facilities. Denial of a license by the EQC is subject to judicial review (see ORS 183.480 through 183.500). ZB103(1)

# •

• D. Forms AS a result ofpublic comments received during adoption ofOregon's hazardous wastes rules, no standardized forms are required of generators or owner/operators ofmanagement facilities. The PUC does require transporters to submit a Hazardous waste Transporter Application (see Appendix Ato this Section) in order to obtain a transporter number.**For.gen~rators,** a letter to DEQ requesting an identification number is

. ".- . - . all that's required for notification. We would not be adverse to using and adopting EPA's notification form (Form 8700-12) prior to final authorization. As for the manifest requirements, neither EPA nor DEQ require use of a standard form at this time. With the exception of the certification statement (40 CFR 262.121 b) similar information is required on the manifest by EPA and DEQ.
In the case of quarterly reports by off-site storage and treatment facilities and monthly reports by disposal sites, Oregon requires submission of data similar to EPA's. Although we allow operators of management facilities to design their ownform, wewould not be adverse to using and adopting EPA's form (Form 8700-13) prior to final authorization• 

# •
"./ ZBI07.A (1)

### PUBLICUTILITY COMMISSIONEROFOREGON MOTORCARRIER INVESTIGATION LABOR

## &INDUSTRIES BLDG., RM. 420 SALEM, OREGON 97310 HAZARDOUS WASTETRANSPORTERAPPLICATION Exhibit·A Section D - Forms



### FOR INTRASTATEMOTORCARRIERHAZARDOUSWASTETRANSPORTER IDENTIFICATIONNUMBERUNDERTHE PROVISIONS OFOREGONADMINISTRATIVE RULES, CHAPTER860, SECTION 36. APPLICATIONSMUST BEAPPROVEDANDNUMBERASSIGNED BYMOTORCARRIER INVESTIGATION, SALEM, OREGON. OPUCAUTHORITY NUMBER. PHONENUMBER,

___ 10**OFF~CIAL** 

### NAMEOF**APPLICA~T--------------------------------------------------------------------** 

### ADDRESS.

_ 2. APPLICANTPRESENTLY HOLDS PUCAUTHORITY NUMBER , ANDHEREBY MAKESAPPLICATION FOR ISSUANCEOFAHAZARDOUS WASTETRANSPORTER IDENTIFICATIONNUMBER. 3. This·is tocertifythatthe vehicles to be operated are in suchoperatingorder and so equipped as ·to complywithall Oregon Laws, Rules andRegulations coveringvehicle

• afetyandoperations andwill sobe maintained, andthatall operations will be in : ompliance.withOARChapter 860, Section 36, and otherapplicable provisions. This is to further certifythatthe above statements are true**~nd** 

### correct, thatnomaterial fact has been deliberatelyomitted, and the filing ofthis application does not conconstituteauthority to operate. SIGNATUREMUST.BETHATOFTHEAPPLICANT. SIGNATURE.

_ TITLE DATE

_ PLEASERETURNTHE COMPLETEDORIGINAL COpy OFTHE CARRIERAPPLICATIONTO PUBLICUTILITY COMMISSIONER, MOTOR INVESTIGATION, LABOR

## &INDUSTRIES BLDG., ROOM420, SALEM, OREGON 97310.
APPROVED DISAPPROVED (For Office UseOnly) HAZARDOUSWASTETRANSPORTERNUMBER**~SSIGNED.** 

# --------- REASON: -'-- -,--
_ BY -..,-- DATE

___

• ansporter Identification Numbermayberevokedfor non-compliancewith any Statute, Rule "< 

### rder of theCommissioner, 

## 3.3:>.. .

# •

• E. Compliance Monitoring and Enforcement The hazardous waste compliance monitoring program is a shared responsibility between the DEQ'S hazardous waste sectionJ LaboratorYJ Regional and BranchOffices and PUC. The primary roles of the hazardous waste section are registration of**~_~!atorsJ** licensing**off-~!te ~tQrage,**  

### --_..----**._~** -_.-
_ ...,-'-'._-.**(C?!lecti~n)** facilities, o_ff-site treatment facilities and**a..ll,_<!!:.~P5'_s,a_l,** pi!:esJ**r.ecords_~ai!lt~nanceJ _;~cor~,~'{ie~;** **.!-~_c.hIli.-c..al.._a~si.~!:~I}~~.**and 

### t!l..!:£.'!::.

. _agency training. The prImary roles of the'laboratory'are environmental,

.

### __**.-._---~.-._._-_** .•-. monitoring, chemical analysis and data interpretation. The primary roles of the Regional andBranchOffices are compliance monitoring of generators and management facilitiesJ complaint investigation and followup, enforcement, technical assistance and emergency spill response• Records maintenance consists of maintaining and routinely updating a registry of generators, transporters, and management facilities. Records review consists of comparing quarterly generator reports with entries in monthly management facilities reports for:

a. submission of required reports by generators and management facilities b. identification of non-registered generators, transporters, and management facilities

c. identification of discrepancies between wastes shipped off-site by generators and wastes received for storage, treatment, or disposal by management facilities.

# •

•

• Environmental monitoring consists of collecting appropriate samples (i.e., groundwater, surface water, soil, animal or plant tissue, ambient air, etc.) and performing the necessary analytical work to obtain numerical data to interpret. Technical assistance is provided by the laboratory to the Hazardous Waste Section and"the Regions andBranch**O~fices.** Environmental monitoring data results may be used to support an enforcement action initiated by the DEQ. While there are no statutes or rules**de~ling** with "chain of custody", the procedures"in"Appendix"Aof this"· section have been developed for use by DEQ staff. Compliance monitoring consists of scheduling field inspections of generators, management facilities or non-registered businesses for any of the following purposes:
1. Routine inspections for compliance with statutes, administrative rules or license conditions. 2. Complaint investigation. 3. Investigations of non-registered businesses suspected of being generators, transporters, or management facilities. 4. Emergency spill response for required spill cleanup actions. Based on the generators, transporters and management facilities identified in Section G, the MemorandumofAgreement, the responses to EPA'S

# •

• notification procedure and the manpower resources in Section B, the following frequency of compliance inspections will be maintained:

- Major (any DEQ licensed facility) hazardous waste management facilities once per year;

- Non-major (any facility, other than a DEQ licensed facility, that returned a Part Aapplication to EPA) hazardous waste management facilities once every two years; Selected generators that ship waste off-site and'selected transporters once every two years; and

- Other generators and transporters as**o~ten** as possible after completion of the other inspection requirements. See the Memorandum of Understanding for the specific identification of major and non-major facilities and selected generators and transporters. Using the authorities inDRS 459.650 through 459.690; 459.992, 459.995 and OAR 63-215(12) to support its compliance inspection and environmental monitoring programs for generators and management facilities, DEQ would approach violation of any hazardous waste statute, rule, EQC order or license condition in one or more of the following ways: 1. Verbal and/or written request for voluntary compliance 2. Notice of violation with intent to assess civil penalty (where applicable) 

# •• 3. 

### 4. 5 • Assessment of civil penalty (where applicable) Seeking of an EQC order. Filing of a criminal court action through DistrictAttorney

### 3,3~Factors such as frequency ofprevious violations, response to previous actions seeking compliance, tyPe of current violation, probability or existence of a serious threat to pUblic health or the environment would be considered in determining which action(s) to take and in what time frame. Verbal or written requests for**com~liance** can occur with the least delay since they are a staff action. Assessment of a civil penalty involves review by the Director and legal counsel and is subject to appeal, while criminal sanctions would proceed at the discretion of the local DistrictAttorney. Historically in its environmental programs, DEQ has stressed voluntary compliance and the hazardous waste management program will be no exception. To the degree that voluntary compliance is not achieved, or is inappropriate, DEQ will use those civil and criminal remedies available. PUC's compliance monitoring program related to transporters will consist of random spot checks of individual motor vehicles at locations such as Ports ofEntry, truck weighing stations, generator facilities, hazardous waste management facilities or conducting comprehensive fleet audits at a carrier's truck terminal. Using the authorities in 756.075, 756.990, 767.990, and 484.990, among others, to support its compliance inspection program for transporters, PUC would approach violations of any motor**ca~rier** statute, rule or PUC order in much the same manner as described for DEQ above. As was described for DEQ, PUC emphasizes voluntary compliance but is prepared to use its other civil and criminal authorities if circumstances so warrant.

# 3,3L:,Anexamination ofORS 459.992, 756.990 and 767.990 identifies adequate levels of civil or criminal remedies to meet the minimumrequirements for interim authorization. Lastly, whileOregon is not in a position to allow citizen intervention as a right in any civil or administrative action, it is prepared to: 1. Investigate and provide written response to all citizen complaints duly submitted;

.2.·**"'No~** opposeintervention by any citizen where permissive interventionmay be authorized by statute or rule; and 3. Publish and provide at least 30 days for public comment on any proposed settlement of a state enforcement action.
ZBl16(1) 

# t,.**3,~(**APPENDIX A - SEX:TIONE: CCMPLIANCE r-mI'IDRING AND ENFORCEMENT
From: Subject: 

### StateofOregon DEPARTMENT OF ENVIRONMENTAL QUALITY Doug Fraley Warren C. Westgarth Laboratory Capabilities For Spill Handling INTEROFFIG MEIVIO
Date: Hay 14, 1975



# • In the "Fish Kills" situation of spills you referred in your May 14, 1975 memorandum to three items that I will try to answer. 1. Chain of custody: In all laboratories of the State of Oregon, the procedure is essentially the sam.e: a. The sample is taken by qualified people in prescribed containers and is shipped to the laboratory in sealed condition. b. The chief chemist or other designated officer receives the package, logs it in by sampler, time, date and vital**statis~ics.** c. He either assigns it immediately for analysis or puts it**i~~o** locked storage for future work. d. As analyses are done each move from storage to laboratory**a~d** back is logged. r e.**~t** completion of analyses, reports are Dade by officer in**c~arge** and remaining samples are retained in storage until released by appropriate person. 2. Analysis capability: a. DEQ laboratories will provide cleaning house lia{son on 21: types of samples except pesticides. b. Pesticides samples may go directly to Oregon State Dept. 

## 0: Agriculture laboratory in Salem through Plant Divisions.**i~ith** these pesticides samples a call should be made to DEQ laboratories to see if split samples for other analyses are needed. c. OSU has capabilities in many areas. DSQ laboratories will coordinate and find expertise as required. d. EPA laboratories have expertise that OZQ laboratories will request as needed. e. Private laboratories and industrial laboratories may be used if specific products are involved that fall outside the range of state laboratory capabilities. 3. ?Ianagement Limitations
- It is preferable to get samoles in early in the week, but s?ills are not respecters of time. All laboratories \-1ill try to gear fo r emergency action as needed. jb cc: Fred**~1.** Dolton David W. O'Cuinn

# •

•

• PROCEDURE OF HANDLING LEGAL SAMPLE Before a legal sample is shipped, record the DEQ padlock security seal number on the data sheet and place data sheet inside the ice chest along with the sample. The security seal has seven digit number. Then the chest is "locked" with the padlock seal. Once locked, wire cutter is required to take it off. Upon arrival at the DEQ Laboratory, the seal numberwill be recorded, showing evidence that the contents have not been tampered enroute. When Legal Samples arrive at the laboratory, fill out the Legal Transfer form (DEQ/L-IOS/76) in triplicate. Use ballpoint pen, making sure all three copies are legible. Fill in all pertinent information, identify sampler containers by number, size, labels, etc. Both the person delivering and the person receiving the**sampl~s** 

### sign**~he** 

### form. ""(If.the samples come**~y** 

### bus, record security seal number in"the lega'l "transfer"form and .et tech-

### the busbi11-

### "to the white copy of the transfer form.) Distribution as indicated at the bottom of the form: White copy to Legal File. Pink copy to person delivering the sample (mail to collector, if samples sent bybus). Yellow copy to be stored with samples in the locked refrigerator. Record the samples in the log book provided for legal samples. Except when removed for analysis, samples are stored in the locked refrigerator. Each time samples are removed or returned, the transaction is recorded in the log book. KCB:IjP 11-4-:77

# '6 

# • • To: From: Stateof Oregon DEPARTMENT OF ENVIRONMENTAL QUALITY All Regional and Branch Offices Kala C. Banerjee, Laboratory Date: 4/18/77INTEROFFICE MEMO

Subject: Proper Sampling and Transportation to the Laboratory Samples will no longerbe accepted at the laboratory unless the following criteria can be met:


# •

i..• 1. Samples mus t be. properly**.pack~d** so as to avoid possfb1e damage during transportation. Broken glass bottles"are""not only" dangerous to those unpacking them, but also an unnecessary expense. 2. Samples mustbe taken properly and preservation added where necessary for analysis desired and shipped in proper and adequate containers. 

### 3. Waste water samples (Municipal and Industrial) for BOD to be taken in 

### 1 liter poly marked STPor 

### 4 digit number**startin~** with zero 

### (0). These containers are washed in the laboratory dishwasher and are not acid washed. Therefore, these containers should notbe used for basic anaiyses for water orwhere acid washed containers are recommended. 4.**~IPt{** (Total and Fecal Coliform) samples will not be accepted unless they are received in the laboratory by the latest at noon Thursday. S. Proper data sheets are available and must be used.**\~e** do not have the extra time necessary to transcribe from inadequate or outdated forms. All data sheets must be properly filled in with relevant information. All undated forms are available on request. 6. We will, of course, make exceptions when necessary to accomodate unusual conditions or problems. If there are any questions about sampling procedures or data sheets please contact the Water Quality Laboratory. Thankyou for yourusual cooperation and assistance.

cc: Alan W. Hose Files/ KCB:jek Attachment

# • TABLE2 RECOMMENDATIONFORSAMPLING ANDPRESERVATION OFSAMPLESACCORDINGTOMEASUREMENT(I)

Measurement Vol. Reg. (rnl) Container Preservative Holding Time(6) Acidity 100 P,G(2) Cool,4°C 24

### Hrs, Alkalinity lOa P,G Cool,4°C 24Hrs. Arsenic lOa P,G HNO) topH<2 6Mos. BOD 1000 P,G Cool,4°C 6 Hrs.(3) 

# • lsromidc lOa 

## r.c Cool.4°C 24HI'S. ("(JD 50 

## r,G H2504 to pH<2 7**DJY~** Chloride 50 p.G None Reg. 7 Days Chlorine Reg. 50 P,G Cool.4°C 24Hrs. Color 50 P,G Cool,4°C 24Hrs. Cvanides 500 P,G Cool,4°C 24 Hrs. NaOHtopH 12 DissolvedOxygen

## 4="z~ Probe 300 Gonly Det.onsite NoHolding 

# 4-gk Winkler 300 Gonly Fixonsite NoHolding 

# .;.

• J" viii

### 3~41

# •**i\k;Nlr~mcnt** Vol. Rcq. (rnl) 

### TABLE2(Conrinucd)

Container Preservative Holding Time(6). Huoridc Ilanlucss lodi,k**~m:\s** i\lcta,<; 300 P,G Cool,4°C 7 Days 100 P.G Cool,**4°~** 7 Days 

### t\**t-30~** E> 

### c 100 P,G Cool,4°C 24

### Hrs. 250 P,G Cool,4°C 24Hrs. 

# •
\L;-,-lIry !)i",,)!\\.'J 200

100
100

100 P. G

P.G

P,G .Filteronsite HN03 to pH<2 Filteronsite HNOJ to pH<2
Filter**H~03** to pH<2

HN03 topH<2

IX 6 Mos. ()Mos. 6Mos.
38Days (GlaSS) 13 Days (Hard Plastic) 38 Days (Glass) 13 Days (Hard Plastic)

# i TABLE2cContinuco) I 

# • I !



## ----- \ Vol. I Req. Holding I I t 

### Mcusurement (mil Container Preservative Tim:'6) 

## --_.---..

## _-- Nitrogen Ammonia 400 P,G Cool,4°C 24Hrs.l4) H2S04 topH<2 Cool.4°C

## '1~~S Kicldahl 500 P, G 24Hrs. 4) H2S04 topH<2 Nitrate lOa P,G Cool.4°C 24Hrs.<4) H2S04 topH<2**~i** trite 50 P, G Cool.4°C 24\Irs.**(~)** 

# •• :'\01r\ 50 P,G Cool.4°C 24IIrs.



### .Ii:**~\.** Grease 1000 Gonly Cool.

### 4°C 24Ilrs. 112S04 to pl l<2 (**):~:lIlic** Carbon 25 P, G Cool.4°C 24/Irs. H2504to pH<2 I'll 25 P,G Cool,4°C 6Hrs.(J) IXt.on site .I'ncnolics 500 Gonly Cool.4°C 24 Hrs. H3P04to pH<4 1.0gCUS04/1 l'uosphorus 

## ortil0- 

# - phosphate. SO P,G Filteronsite 24 Hrs,<4) Dissolved Cool.4°C x 

# 3.'"\3TABLE2(Continued) 

# e Vol. Req. Holding Measurement (ml) Container Preservative**Time«('~** Hydrolyzable 

### 50 P,G Cool,4°C 24 Hrs.(4) H2

### 504to pH<2 10tal 

### 50 P, G Cool, 4°C

# 27~4) Total"; Dissolved 

### 50 P,G Filteronsite 24 Hrs.(4) Cool,4°C Residue Iiucrable 

### 100 P,G Cool,4°C 7 Days 

# ie '011- Iiitcrable 

### 100 P,G Cool,4°C 7Days ll)t:.tl 

### 100 P,G Cool,4°C 7Days \"obtile 

### 100 P,G Cool,4°C 7Days
SettleableMatter 

### 1000 P,G None Req. 24Hrs. Selenium 

### 50 P, G HN03 topH<2 6Mos. Silka**~O** Ponly Cool,4°C 7 Days Spv..·ific ("llllductance 

### 100 P,G Cool,4°C 24 Hrs. (S) 

# :. SUI!;dl' 

### 50 P,G Cool,4°C 7 Days xi 

# "3. Ltc.(

# •**~ll'asurement** Vol. Req. (rnl) TABLE2(Continued)

Container Preservative Holding Timl-'II) Sulfide
Sulftc 50
50 P,G P, G 2 mlzinc acetate 24 Hrs.
24

### Hrs. 1000 ."

### P, G Oct.onsite· NoHolding

vlorcspecificinstructionsforpreservationandsamplingarc foundwitheachprocedure ;.:s detailed in this manual. A general discussion on sampling water and industrial wastewatermay befoundin**AST~t.** Part23.p_72-91 (1973). 

# • Threshold Odor

"'urbidity 200 100 Gonly P,G 24Hrs. 7Days

Plasticor Glass "':. Ifsamples cannot bereturnedto thelaboratoryin lessthan6 hoursand holdinptime exceedsthislimit.thefinalreporteddatashouldindicatetheactualholdingtime. Mercuric chloride may be used as an alternate preservativeataconcentrationof40**m~!** I. especially ifa longer holding time isrequired. However, the usc ofmercuric

.. hlorideisdiscouragedwheneverpossible.

.... Ifthe sample is stabilized by cooling, it should be warmed to 25°Cforreading, or temperaturecorrectionmadeandresultsreportedat25°C.

l'. It has been shown thatsamplesproperlypreserved may beheldforextendedperiods
"..

'yondtherecommendedholdingtime.

XII

# •

• F. Manifest Program Oregon's manifest programplaces the major burden of compliance with the manifesting requirements with the original generator. Agenerator shall not ship wastes off-site without preparing and providing sufficient copies of a manifest so that all parties (generator, transporter(s) and management facility(ies» can retain a copy and still have one returned to the generator from the lastmanagement facility. The manifest shall contain the following information: (a) Manifest number; (b) Generator's name, address of waste generation, emergency phone number, and identification number: (c) Transporter's name, address, phone number, and identification number: (d) Designated treatment or disposal**facili~y** .name, address, phone number, and identification number: (e) Collection site name, address, phone number and identification number, if temporary storage is desired: (f) For each waste indicate: (i) Description by proper shipping name or general chemical composition:
(ii) Quantity; 

# -

# •

• (iii) Numberand types of containers; (iv) Physical state (solid, liquid, or sludge); (v) Appropriate classifications as marked or labeledon the container.
Agen.erator is respcmsibl.e.for LnsurLnqjihat.his waste has been responsibly managed, and if in doubt, shall take all necessary steps, including notifying the Department to correct such improper management. Unlike the EPAprogram, we do not have the 35-day and 45-day action deadlines specified for this Department notification• Oregon is prepared to share information on wastes shipped interstate, however, it seems appropriate that the exact procedure to be followed should be established on a state-by-state basis after Novemberl9, 1980, when all the implementing agencies within each state are known. At this time, Oregon has no administrative rules covering international shipments. This administrative deficiency will have to be corrected prior to applying for final authorization.
ZB112(1)

# '. G. Generators, Transporters, and Management Generators Registered withDEQ Transporters Registered with 

### puc DEQ Licensed Disposal Sites Arlington Pollution Control Center Star Route**Arl~ngton, OR_97~12**  (503) 454-2777 Facilities .

- 110 - 57
1



# • SiteOperator
- Chern-Security Systems, Inc. SiteOwner - Chern-Security Systems, Inc./State of Oregon Facilities: Six (6) disposal trenches including a portion of one for PCB disposal. Eight (8) solar evaporation ponds. Two (2) acre land treatment facility including storage pond. Two (2) covered storage buildings for liquid PCB storage. Proposed neutralization/chemical destruction facilities for construction during 1980. DEQ LicensedOff-Site Storage (Collection) Sites 5 These sites are authorized to accept small quantities (less than 2,000 lbs. from anyone generator during anyone year) ofmiscellaneous hazardous waste for shipment to the Arlington Pollution Control Center discussed above.

# •

•

:

# .• Waste AwayCorporation 701 South 28th· Springfield, OR 97477 (503) 746-4491 Site Owner &Operator
- Widing Transportation
Waste AwayCorporation 10145 North Portland Road Portland, OR 97203 (503) 286-1402 Site Owner &Operator
- Widing Transportation Chern-Security Systems, Inc. Star Route Arlington, OR 97812 (503) 454-2777 Site Operator
- Chern-Security Systems, Inc. Site Owner - Chern-Security Systems, Inc./State of Oregon Chernpro of Oregon, Inc. 11535 North Force Avenue Portland, OR 97217 (503) 285-4648 Site Owner &Operator
- Chernpro of Oregon (License application receivedAugust, 1980)

# • '. DrumRecovery 11104 NE Holman Street portland, OR 97220 (503) 254-9906 Site Owner &Operator - DrumRecovery (License application receivedAugust, 1980) DEQ Licensed* Off-Site TreatmentFacilities (*license applications received as of 8-1-80) Caron ChemicalCorporation 8600 Suver Road Monmouth, OR 97361 (503) 383-3711 Site Owner &Operator
- CaronChemical Facility: 5

Still facility to recover chlorinated and non-chlorinated solvents such as Freons, acetone, xylene, Toluene, isopropanol, ethonal and methanol.
DrumRecovery 11104 NE Holman Street Portland, OR 97220 (503) 254-9906 Site Owner &Operator - DrumRecovery

# •

• Facility: Acid and CausticNeutralization Tanks. Discharge of treated wastes to publicly owned treatment works (Inverness Sewage Treatment plant
- MultnomahCounty). Spe-de-way Products Company, Inc. 8000 N.E. 14th Place Box 17192 Portland, OR 97217 (503) 285-8371 Site Owner &Operator
- Spe-de-way Products Company, Inc. Facility: Flash distillation facility to recover chlorinated and nonchlorinated solvents such as MEK, MIBK, Acetone, Toluol, Xylol, IPA, propylacetate, freon, Trichlorethylene and 1,1,1, Trichloroethane. Tektronix Incorporated Box 500 Beaverton, OR 97077 (503) 644-0161 Site Owner &Operator
- Tektronix

# '.

• Facility: Chemical treatment facility to provide for pH neutralization, flouride, cyauide, chromic acid, copper solutions and sludge collection and dewatering for Tektronix's wastes only at this time.
VanWaters and Rogers Division ofUNlVAR Box 10287 Portland, OR 97210 (503) 222-1721 Site Owner and Operator - VanWaters and Rogers Facility:
Still facility to recover chlorinated solvents. On-Site Disposal Sites 

## o

:

# .• Oregon law requires hazardous waste disposal sites'to be owned by the State of Oregon, hence, to date only one hazardous waste disposal site has been licensed. Uncontrolled (abandoned) site surveys of 74 locations during federal fiscal year 1980, by DEQ and EPA staff, had not turned up anyon-site disposal sites as of September 1, 1980.On-site storage is currently permitted up to six months and is exempted from the state's licensing**requirements~** These differences with the EPAprogram will have to be corrected before final authorization. 

# • On-site Storage (Collection Sites)

On-Site TreatmentFacilities - 20 (est.)

5 (est.)


# • On-site treatment facilities are currently exempt from the State's licensing requirements. This difference with the EPA program will have to be corrected before final authorization•

ZB113

# • PROGRAMDESCRIPTION H. Other Environmental Authorities: Water pollutionControl

- February 3, 1981 Clarification
- Unlike its federal counterpart, Oregon's hazardous waste management program was not, and is not, intended to plug any holes left by Oregon's other environmental programs, particularly water pollution control. While the federal programunder the CleanWater Act affects primarily point source discharges to public surface waters, Oregon's water pollution control program addresses: 

### l. Surface and ground.water protection.(ORS 468.700(8», 2. Prohibits activities causing pollution of any waters or discharging any wastes to any waters in violation of standards (ORS 468.720(la) and (lb», 3. Requires a permit to discharge any wastes to any waters of the state (ORS 468.740(1», and 4. Requires a permit to construct, install, modify or operate any disposal system (ORS 468.740(2) and (4». These authorities exist irrespective of whether or not a waste is also classified as a hazardous waste under ORS 459.410 to 459.690. State Water pollutionControl Facility (WPCF) permits are issued according to the requirements inOARChapter 340, Division 14. Section 340-14-025(1) states in part, "••• Recommendations will be developed in accordance with the provisions of all applicable statutes, rules and regulations of the State ofOregon and the Department of Environmental Quality." In addition to the procedural requirements in Divisions 14 and 45, consideration is also given to the specific standards in Divisions 41, 42, 43 and 44 as they may be applicable. While the above authorities generally reference public surface waters, the Environmental Quality Commission, on April 18, 1980, approved an Interim Groundwater Quality Protection policy which: 1. Requires that disposal of wastes (ORS 468.700(7» onto or into the ground be regulated by a WPCF permit (E.), and 2. That these WPCF permits specify appropriate groundwater protection requirements, monitoring and reporting (El.). The precise language of the InterimGroundwater Protection policy can be found on Page 8.313. Note also that OAR 340-41-120(6) requires that "where minimumrequirements of federal law or enforceable regulations are more stringent than specific provisions of this plan, the federal requirements**sh~ll** prevail."

3.54

# •

•

• ORS 468.095 provides the Department with authority to determine compliance with water pollution statutes, rules, standards or permits. Violation ofwater pollution statutes, rules or permits is enforceable through: 1. Criminal penalties (ORS 468.990 and 468.992), 2. Civil penalties (ORS 468.140 andOARDivision 12), and 3. Authority to restrain or enjoinunder emergency conditions (ORS 468.100 and 468.115). It is the Department's judgment that sufficientwater pollution authorities exist to regulate on-site pits, ponds and lagoons; surface**impoundment~;** 

### or**land.~reatment faciliti~s**  

### in.amanner**subs~antially** 

### equivalent to the federal hazardous waste Interim status'Standard program.'

ZC408

3.55