:."

".-

.' -,.,

'.:.- .~ s-- --, f:
•

•

I

DEPARTMENT OF ENVIRONMENTAL QUALITY

P.O. Box 1760, Portland, Oregon 97207

JUN 11 1981

David Hanline

U.S. Environmental Protection Agency

Mailstop 530

1200 Sixth Ave.

Seattle, Washington 98101

Dear Mr. Hanlin~:

In order to ensure that standards substantially equivalent to the Federal

Interim Status Standards are applicable to permitted hazardous waste

facilities in Oregon, we have incorporated into our permits a" condition

which refers to "approved plans and procedures which are adequate to demonstrate compl iance with 40 CFR Part 265. II "(As an example, see

condition A6 of the Van Waters and Rogers Treatment-Collection site

license issued June 4, 1981.) We understand that in the course of EPA's

review of our Interim Authorization Application, there has been some

uncertainty over how this condition is to be interpreted .

Please be aware that it is our intent to approve plans and procedures

required by State licenses. We intend to review these plans and procedures

during our compliance assurance inspections. If the plans and procedures

are found inadequate, appropriate enforcement action will be taken to

ensure they are upgraded to the point of approvability.

Richard P.

a~o~- Reiter, Supervisor

Hazardous Waste Section

Solid Waste Division
•

•

•

PROGRAM DESCRIPTION

A. Sco~, Structure, Coverage, and Processes of State Program

As a result of legislative 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 program promUlgated 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· and OAR Chapter 340 Divisions

61, 62, and 63. That portion relating to transportatlonof hazardous waste

is administered by the PUC and is contained in ORS Chapters 484, 756, 767

and OAR Chapter 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 of Human Resources

Health Division

Radiation Control Section

ORS Chapter 453 - Hazardous Substances: Radiation Sources

OAR Chapter 333

2. Department of Energy

ORS Chapter 469 - Energy Conservation

OAR Chapter 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 with EPA and

appropriate Memorandums of Agreement 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.

On the 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" in ORS

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 in RCRA 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" in RCRA

1004(27).

While Oregon'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.

While Oregon 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 of pesticide 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 that we don't believe is significant.

Further, since almost all of these pure chemical substances are

manufactured or formulated outside the State, the amounts of pure

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 it was difficult, if not impossible, to predict what wastes

EPA would specifically list, or what characteristics EPA would adopt,

the current State program primarily 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 pH greater than 12.0

(versus 12.5) and it is not limited to aqueous material•
•

•

In comparing the Reactive characteristic, we find they're nearly

identical except that we exempt waste explosives under the control

of local, state or federal authorities and we don't particularly

mention cyanide or sulfide bearing waste as two specific wastes that

will form toxic fumes when mixed with 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 we exempted waste explosives under'local, state or federal.'

control, it was our judgement that local and state police and fire

departments or the US Department of Defense had as much, if not more,

expertise in their proper management and disposal than we did.

Considering there have been no incidents of improper management since

our exemption, we believe our position to be reasonable .

The, single characteristic that is most difficult to compare is EPA'S

EP (Extraction procedure) toxicity and Oregon's toxic category.

Clearly Oregon has no current rule comparable to the EP toxicity.

requirement. On the other hand, Oregon's toxic characteristic

accomplishes most of what EPA accomplishes with its EP toxicity

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.

Although Oregon 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 gold mining operations are being proposed in

Northeastern Oregon and a uranium mine is being proposed in

Southeastern Oregon. Since the gold mines may use a cyanide leaching

process, they are currently being reviewed by DEQ's water quality

program while the uranium mine will be evaluated against Department 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 of waste

compared to the EPA approach. Those few wastes not now defined as

hazardous would still likely come under Oregon scrutiny, however,

due to the aggressive programs also being carried out for nonhazardous solid waste, water pollution control and air pollution

control.

Both EPA (260.20 and 260.22) and DEQ (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. TO
2.

•

••

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 who generate 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 we offered the opinion earlier that we don't

• 3·7
•

•

:,•...... :. ...

believe many of 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 Part C Generation

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 both DEQ 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 Part C - 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:

Any motor 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 of Oregon, 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

exempted wastes, 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 of Oregon prior to use. Statutory language

exists to require licensed management 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 of the 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 should want 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 E on 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 by DEQ (in which case,

it will be classified a major hazardous waste management

facility per our listing of facilities in the Memorandum

of Agreement).

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 solid waste 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 of Entry, 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, ·and probabili.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, we believe the enforcement authorities equal or exceed EPA's

minimum penalty 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 of management facilities and coordination with EPA. PUC

is responsible for regulating and insuring cOmpliance by transporters.

Appendix A of this section is the Memorandum of Agreement 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 Solid Waste Division and is responsible for establishing goals

and objectives, budgeting, drafting rules, training, technical assistance

and license issuance. The DEQ's Region and Branch Offices 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
•

•

Public Utility Commissioner who is responsible for setting policy and

adopting administrative rules. The Deputy Commissioner 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 Division which 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-DEXr oostis are

budget figures taken from the 1981 State-EPA Agreement. 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 in Chart 3 by Personal

Services (salary), other Personnel Expenses (Social Security, State

retirement, health and dental insurance, etc.), Indirect Costs (charge

against all other funds to support Agency Management), Services and

Supplies and Capital Outlay.

Chart 5 is the work outputs identified in the State-EPA Agreement 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 ... (,,:

--

•

Exhibit A

Section B

MEMORANDUN OF UNDERSTANDING

betvleen

THE OREGON DEPARTMENT OF ENVIROl-."MENT~.L QUALITY

and

THE PUBLIC UTILITY COM}1ISSION OF OREGON

In order to better control the transport and disposal of certain

State Agency

Organization

hazardous wastes, the above named parties enter into this memorandum

of understanding.

THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY AGREES TO:

1. Design a ~anifest syste~ to monitor the flow of certain listed

wastes. DEQ will 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 system by 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 of wastes listed by the DEQ to participate in the

manifest system. This would apply to intra and inter-state shipments.

2. Help implement the system by notifying the transporters of

its requirements.

I

3. Develop jointly with the DEQ procedures needed to implement

and operate the system.

4. Enforce participation in the system by all transporters

of such named wastes.

•

o J William H. Young

Director

Depart~ent of Environmental 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

Regional

Operations

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

Publ ic 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 of Costs

• 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 of Costs 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 Har tford 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 staff prepares 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 and Wildlife and Water 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 of public comments received during adoption of Oregon's

hazardous wastes rules, no standardized forms are required of generators

or owner/operators of management facilities. The PUC does require

transporters to submit a Hazardous waste Transporter Application (see

Appendix A to 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 own form, we would not be adverse

to using and adopting EPA's form (Form 8700-13) prior to final

authorization •

•

"./

ZBI07.A (1)
PUBLIC UTILITY COMMISSIONER OF OREGON

MOTOR CARRIER INVESTIGATION

LABOR &INDUSTRIES BLDG., RM. 420

SALEM, OREGON 97310

HAZARDOUS WASTE TRANSPORTER APPLICATION

Exhibit· A

Section D - Forms

FOR INTRASTATE MOTOR CARRIER HAZARDOUS WASTE TRANSPORTER IDENTIFICATION NUMBER UNDER THE

PROVISIONS OF OREGON ADMINISTRATIVE RULES, CHAPTER 860, SECTION 36.

APPLICATIONS MUST BE APPROVED AND NUMBER ASSIGNED BY MOTOR CARRIER INVESTIGATION, SALEM,

OREGON.

OPUC AUTHORITY NUMBER. PHONE NUMBER, ___

10 OFF~CIAL NAME OF APPLICA~T--------------------------------------------------------------------

ADDRESS. _

2. APPLICANT PRESENTLY HOLDS PUC AUTHORITY NUMBER , AND HEREBY

MAKES APPLICATION FOR ISSUANCE OF A HAZARDOUS WASTE TRANSPORTER IDENTIFICATION NUMBER.

3. This·is to certify that the vehicles to be operated are in such operating order and so

equipped as ·to comply with all Oregon Laws, Rules and Regulations covering vehicle

•

afety and operations and will so be maintained, and that all operations will be in

: ompliance.with OAR Chapter 860, Section 36, and other applicable provisions. This is

to further certify that the above statements are true ~nd correct, that no material

fact has been deliberately omitted, and the filing of this application does not conconstitute authority to operate. SIGNATURE MUST.BE THAT OF THE APPLICANT.

SIGNATURE. _

TITLE DATE _

PLEASE RETURN THE COMPLETED ORIGINAL COpy OF THE CARRIER APPLICATION TO PUBLIC UTILITY

COMMISSIONER, MOTOR INVESTIGATION, LABOR &INDUSTRIES BLDG., ROOM 420, SALEM, OREGON 97310.

APPROVED

DISAPPROVED

(For Office Use Only)

HAZARDOUS WASTE TRANSPORTER NUMBER ~SSIGNED.

--------- REASON : -'-- -,-- _

BY -..,-- DATE ___

• ansporter Identification Number may be revoked for non-compliance with any Statute, Rule

"< rder of the Commissioner,

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 Branch Offices 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 and Branch Offices 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 and Branch 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" A of 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 Memorandum of Agreement, 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 A application 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 in DRS 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 District Attorney

3,3~
Factors such as frequency of previous 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

District Attorney.

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 of Entry, 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:,
An examination of ORS 459.992, 756.990 and 767.990 identifies adequate

levels of civil or criminal remedies to meet the minimum requirements for

interim authorization.

Lastly, while Oregon 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~ oppose intervention by any citizen where permissive

intervention may 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:TION E: CCMPLIANCE r-mI'IDRING AND ENFORCEMENT

From:

Subject:

State of Oregon

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 f o 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 number will 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 t ech- the busbi 11- "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 by bus).

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: Ij P

11-4-:77
'6

•

•To:

From:

State of Oregon

DEPARTMENT OF ENVIRONMENTAL QUALITY

All Regional and Branch Offices

Kala C. Banerjee, Laboratory

Date: 4/18/77

INTEROFFICE MEMO

Subject: Proper Sampling and Transportation to the Laboratory

Samples will no longer be accepted at the laboratory unless the

following criteria can be met:

•

i..•

1. Samples mus t be. properly .pack~d so as to avoid possfb 1e damage

during transportation. Broken glass bottles" are" "not only"

dangerous to those unpacking them, but also an unnecessary

expense.

2. Samples must be 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 STP or 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

or where 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.

Thank you for your usual cooperation and assistance.

cc: Alan W. Hose

Files /

KCB:jek

Attachment
•

TABLE 2

RECOMMENDATION FOR SAMPLING AND PRESERVATION

OF SAMPLES ACCORDING TO MEASUREMENT (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 24 Hrs.

Arsenic lOa P,G HNO) to pH <2 6 Mos.

BOD 1000 P,G Cool,4°C 6 Hrs.(3 )

•

lsromidc lOa r.c Cool. 4°C 24 HI'S.

("( JD 50 r, G H2 50 4 to pH <2 7 DJY~

Chloride 50 p.G None Reg. 7 Days

Chlorine Reg. 50 P,G Cool. 4°C 24 Hrs.

Color 50 P,G Cool,4°C 24 Hrs.

Cvanides 500 P,G Cool,4°C 24 Hrs.

NaOH to pH 12

Dissolved Oxygen 4="z~ Probe 300 G only Det. on site No Holding

4-gk Winkler 300 G only Fix on site No Holding .;. • J"

viii

3~41
• i\k;Nlr~mcnt

Vol.

Rcq.

(rnl)

TABLE 2 (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 24 Hrs.

•

\L;-,-lIry

!)i",,)!\\.'J

200

100

100

100

P. G

P.G

P,G

. Filter on site

HN03 to pH <2

Filter on site

HNOJ to pH <2

Filter

H~03 to pH <2

HN03 to pH <2

IX

6 Mos.

() Mos.

6 Mos.

38 Days

(GlaSS)

13 Days

(Hard

Plastic)

38 Days

(Glass)

13 Days

(Hard

Plastic)
i

TABLE 2 cContinuco) I

•

I

! -----

\ Vol. I

Req. Holding I

I

t

Mcusurement (mil Container Preservative Tim:'6)

--_.--- .._--

Nitrogen

Ammonia 400 P,G Cool, 4°C 24 Hrs.l 4)

H2 S04 to pH <2

Cool. 4°C '1~~S Kicldahl 500 P, G 24 Hrs. 4)

H2 S04 to pH <2

Nitrate lOa P,G Cool. 4°C 24 Hrs.<4)

H2 S04 to pH <2

~i trite 50 P, G Cool. 4°C 24 \Irs. (~)

•• :'\ 01 r\ 50 P,G Cool. 4°C 24 IIrs.

.Ii: ~\. Grease 1000 G only Cool. 4°C 24 Ilrs.

11 2 S04 to pl l <2

( ):~:lIlic Carbon 25 P, G Cool. 4°C 24 /Irs.

H2504 to pH <2

I'll 25 P,G Cool, 4°C 6 Hrs.(J)

IXt. on site

.I'ncnolics 500 G only Cool. 4°C 24 Hrs.

H3 P04 to pH <4

1.0 g CUS04/1

l'uosphorus

ortil0-

-

phosphate. SO P,G Filter on site 24 Hrs,<4)

Dissolved Cool. 4°C

x

3. '"\3
TABLE 2 (Continued)

e Vol.

Req. Holding

Measurement (ml) Container Preservative Time«('~

Hydrolyzable 50 P,G Cool,4°C 24 Hrs.(4)

H2 50 4 to pH <2

10tal 50 P, G Cool, 4°C 27~4)

Total";

Dissolved 50 P,G Filter on site 24 Hrs.(4)

Cool,4°C

Residue

I iucrable 100 P,G Cool, 4°C 7 Days

ie '011-

I iitcrable 100 P,G Cool,4°C 7 Days

ll)t:.tl 100 P,G Cool,4°C 7Days

\"obtile 100 P,G Cool,4°C 7 Days

Settleable Matter 1000 P,G None Req. 24 Hrs.

Selenium 50 P, G HN03 to pH<2 6 Mos.

Silka ~O Ponly Cool,4°C 7 Days

Spv ..·ific

("lllld uctance 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)

TABLE 2 (Continued)

Con tainer Preservative

Holding

Timl-'II)

Sulfide

Sulftc

50

50

P,G

P, G

2 ml zinc

acetate

24 Hrs.

24 Hrs.

1000 ." P, G Oct. on site· No Holding

vlorc specific instructions for preservation and sampling arc found with each procedure

;.:s detailed in this manual. A general discussion on sampling water and industrial •

wastewater may be found in AST~t. Part 23. p_ 72-91 (1973).

Threshold

Odor

"' urbidity

200

100

G only

P,G

24 Hrs.

7 Days

Plastic or Glass

"':. If samples cannot be returned to the laboratory in less than 6 hours and holdinp time

exceeds this limit. the final reported data should indicate the actual holding time.

Mercuric chloride may be used as an alternate preservative at a concentration of 40

m~! I. especially if a longer holding time is required. However, the usc of mercuric

..hloride is discouraged whenever possible.

.... If the sample is stabilized by cooling, it should be warmed to 25°C for reading, or

temperature correction made and results reported at 25°C.

l'. It has been shown that samples properly preserved may be held for extended periods

" ..'yond the recommended holding time.

XII
•

•

F. Manifest Program

Oregon's manifest program places the major burden of compliance with the

manifesting requirements with the original generator. A generator 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 last management 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) Number and types of containers;

(iv) Physical state (solid, liquid, or sludge);

(v) Appropriate classifications as marked or labeled on the

container.

A gen.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

EPA program, 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 with DEQ

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

•

Site Operator - Chern-Security Systems, Inc.

Site Owner - 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 Licensed Off-Site Storage (Collection) Sites 5

These sites are authorized to accept small quantities

(less than 2,000 lbs. from anyone generator during anyone year)

of miscellaneous hazardous waste for shipment to the Arlington

Pollution Control Center discussed above.
•

•

.•:

Waste Away Corporation

701 South 28th·

Springfield, OR 97477

(503) 746-4491

Site Owner & Operator - Widing Transportation

Waste Away Corporation

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 received August, 1980)
•

'.

Drum Recovery

11104 NE Holman Street

portland, OR 97220

(503) 254-9906

Site Owner & Operator - Drum Recovery

(License application received August, 1980)

DEQ Licensed* Off-Site Treatment Facilities

(*license applications received as of 8-1-80)

Caron Chemical Corporation

8600 Suver Road

Monmouth, OR 97361

(503) 383-3711

Site Owner & Operator - Caron Chemical

Facility:

5

Still facility to recover chlorinated and non-chlorinated

solvents such as Freons, acetone, xylene, Toluene, isopropanol,

ethonal and methanol.

Drum Recovery

11104 NE Holman Street

Portland, OR 97220

(503) 254-9906

Site Owner & Operator - Drum Recovery
•

•

Facility:

Acid and Caustic Neutralization Tanks. Discharge of treated

wastes to publicly owned treatment works (Inverness Sewage

Treatment plant - Multnomah County).

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.

Van Waters and Rogers

Division of UNlVAR

Box 10287

Portland, OR 97210

(503) 222-1721

Site Owner and Operator - Van Waters 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 EPA program will have to be corrected before final

authorization.

•

On-site Storage (Collection Sites)

On-Site Treatment Facilities

- 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
•

PROGRAM DESCRIPTION

H. Other Environmental Authorities: Water pollution Control

- 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 program under the Clean Water 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 pollution Control Facility (WPCF) permits are issued according

to the requirements in OAR Chapter 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 of Oregon 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 Interim Groundwater Protection policy can be

found on Page 8.313. Note also that OAR 340-41-120(6) requires that "where

minimum requirements 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 of water pollution statutes, rules or permits is enforceable

through:

1. Criminal penalties (ORS 468.990 and 468.992),

2. Civil penalties (ORS 468.140 and OAR Division 12), and

3. Authority to restrain or enjoin under emergency conditions

(ORS 468.100 and 468.115).

It is the Department's judgment that sufficient water 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