,e

•

A'ITORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION

I hereby certify, pursuant to my authority as Attorney General and in

accordance with Section 3006(b) of the Resource Conservation and Recovery

Act, as amended by the Hazardous and Solid Waste Amendments of 1984,

(42 USC 6901, et seq.}, and 40 CFR 271, that in my opinion the laws of the

state of Oregon provide adequate authority to carry out the program set

forth in the "Program Description" submitted jointly by the Oregon

Environmental Quality Commission and the Department of Environmental

Quality. The specific authorities provided, which are contained in

statutes or regulations lawfully adopted at the time this Statement is

signed and which shall be fully effective by the time the program is

approved, include those identified below.

I cite ORS 466.086 as the underlying authority for the entire program..

In certain instances; more specific authority may also be cited.

I. IDENTIFICATION AND LISTING

A. State statutes and regulations define hazardous waste so as to

control all hazardous waste controlled under 40 CFR 261 as

indicated in Checklist I-A.

The basic definition of hazardous waste is fo~nd in ORS 466.005.

thE;! use of the term "residue" in ORS 466.005(7)(b) can be

construed to cover all wastes, including any discarded material,

that is not excluded by 40 CFR 26l.4(a) or that is not excluded by

ZB3289.1 (Rev. 9/88) - 3.2 -
B.

variance granted under 40 CFR 260.30 and 260.31, that is

abandoned, recycled or considered inherently waste-like; that are

intended to be covered by EPA's definition in RCRA 1004(27) as the

terms are used in RCRA and EPA regulations. Further, Oregon rules

(340-100-010(2)(z» define residue equivalent to the meaning of

solid waste in 40 CFR 261.2.

The language "any process of industry, manufacturing, trade or

business or government or recovery of natural resources" is

equivalent to the use of the terms "industrial, commercial, mining

and agricultural operations and from community activities" in RCRA

1004(27).

State statutes and regulations contain a list of hazardous waste

and· character~stics for identifying hazardous waste which

encompass all wastes controlled under 40 CFR 261 as indicated in

Checklist I-B and C.

Citation: ORS 466.005(7).

II. STANDARDS FOR GENERATORS

State statutes and regulations provide coverage of all the generators

covered by 40 CFR 262 as indicated in Checklist II.

Citation: ORS 466.075.

ZB3289.1 (Rev. 9/88) - 3.3 -
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III. STANDARDS FOR TRANSPORTERS

State statutes and regulations provide coverage of all the transporters

covered by 40 CFR 263 as indicated in Checklist III.

The DEQ and PUC have authority to regulate transportation of hazardous

waste which is also radioactive.

Citation: ORS 466.005(15), 466.080 and 756.040(2), 756.060, 761.415,

767.457.

IV. STANDARDS FOR FACILITIES

A. State statutes and regulations provide permit standards for

bazardous.waste.management facilities covered by 40 CFR 264 as

indicated in Checklist IV-A.

Citation: ORS 466.095, 466.100, 466.105, 466.115, 466.120, 466.125,

466.150, 466.215.

B. State statutes and regulations provide for interim status and

include interim status standards for hazardous waste management

facilities covered by 40 CFR 265 as indicated in Checklist IV-B.

1. State statutes and regulations authorize owners and operators

of hazardous waste management facilities which would qualify

for interim status under the federal program to remain in

operation until a final decision is made on the permit

application.

ZB3289.1 (Rev. 9/88) - 3.4 -
2. State law and regulations authorize continued operation of

hazardous waste management facilities provided that owners

and operators of such facilities comply with standards at

least as stringent as EPA's interim status standards of

40 CFR 265.

3. State law and regulations assure that any facility qualifying

for state interim status continues to qualify for federal

interim status.

4. ORS 466.020 gives the Commission authority to adopt rul~s

establishing minimum requirements for the treatment, storage

and disposal of hazardous wastes, minimum requirements for

opera~ion, maintenance, monitoring, reporting and supervision

.of treatment, storage and disposal sites,and requirements

and procedures for selecting such site~. This is in addition

to and independent of whether or not a site is permitted and

is to assure that minimum management standards are always

applicable. This is necessary to deal with instances beyond

a sites owner's control such as when the Departme~t

identifies a waste as hazardous but is unable to immediately

issue a permit. It is a valid exercise of prosecutorial

discretion.

5. Several facilities in Oregon have been issued state permits

which are not RCRA permits, i.e., which are not joint EPA-DEQ

ZB3289.1 {Rev. 9/88) - 3.5 -
permits. Such facilities are required to comply with the

requirements of 40 CFR Part 265, in addition to the terms of

the permit, pursuant to OAR 340-l05-0l0(6)(b).

Citation: ORS 466.020.

V. REQUIREMENTS FOR PERMITS

State statutes and regulations provide requirements for permits as

indicated in Checklist V.

As authorized by ORS 466.086, the DEQ or EQC may enter into an

agreement with EPA establishing certain procedural requirements as

opposed to adopting specific rules. Such an agreement may limit the

use of waiver, variance, or exemption authorities so that no

requirement less stringent than the comparable federal requireme~t is

imposed. There is no conflicting statute which overrides ORS 466.086.

Citation: ORS 466.095 and 466.086.

VI. INSPECTIONS

State law provides authority for officers engaged in compliance

evaluation activities to enter any conveyance, vehicle, facility or

premises subject to regulation or in which records relevant to program

operation are kept in order to inspect, monitor, or otherwise

ZB3289.l (Rev. 9/88) - 3.6 -
investigate compliance with the state program including compliance with

permit terms and conditions and other program requirements.

Citation: ORS 133.525 et 466.195, 468.095 and 756.075.

VII. ENFORCEMENT REMEDIES

State statutes and regulations provide the following:

A. Authority to restrain immediately by order or by suit in state

court any person from engaging in any unauthorized activity which

is endangering or causing damage to public health or the

environment.

Citation: ORS 466.200 and 466.2.10 ..

B. Authority to sue in courts of competent jurisdiction to enjoin any

threatened or continuing violation of any program requirement,

including permit conditions, without the necessity of a prior

revocation of the permit.

Citation: ORS 466.210 and 756.180.

C. Authority to assess or sue to recover in court civil penalties in

at least the amount of $10,000 per day for any program violation.

Citation: ORS 466.8ffO, 761.415(3) and 767.457(3).

ZB3289.1 (Rev. 9/88) - 3.7 -
VIII.

D. Authority to obtain criminal penalties in at least the amount of

$10,000 per day for each violation, and imprisonment for at least

six months against any person who knowingly transports any

hazardous waste to an unpermitted facility; who treats, stores, or

disposes of hazardous waste without a permit; or who makes any

false statement or representation in any application, label,

manifest, record, report, permit, or other document filed,

maintained, or used for the purposes of program compliance.

Citation: ORS 466.995, 761.994 and 767.993.

E. There is no state statute that might be construed to require that

the burden of proof under state law in civil and criminal

proceedings be greater than the burden of proof .or degree os

knowledge or intent EPA must provide.

PUBLIC PARTICIPATION IN THE STATE ENFORCEMENT PROCESS

State laws and regulations provide for public participation in the

state enforcement process by providing assurances that the state agency

or enforcement authority will:

(1) Investigate and provide written response to all citizen complaints

duly submitted;

(2) Not oppose intervention by any citizen in a state civil

enforcement action brought in a court where permissive

intervention may be authorized by statute, rule or regulation; and

ZB3289.l (Rev. 9/88) - 3.8 -
(3) Publish notice of and provide at least 30 days for public comment

on all proposed settlements of state civil enforcement actions

brought in a court, except in cases where a settlement requires

some immediate action (e.g., cleanup) which if otherwise delayed

could result in substantial damage to either public health or the

environment.

This pertains to wastes which are radioactive in addition to being

hazardous waste.

The Public Utility Commissioner regulates transportation by motor

vehicle or rail and has authority to meet the above three requirements:

(1) DRS 756.515(1) "Whenever the commissioner believes that any

rate may be unreasonable or unjustly-discriminatory, or that

any service is unsafe or inadequate, or is not -afforded, or

that an investigation of any matter relating to any public

utility, railroad, air carrier, motor carrier or other person

should be made, or relating to any'person to determine if

such person is subject to the commissioner's regulatory

jurisdiction, he may on his own motion summarily investigate

any such matter, with or without notice."

This statute gives the commissioner authority to investigate and

provide written responses to any citizen complaint.

ZB3289.1 (R€v. 9/88) - 3.9 -
(2) DRS 756.525 deals with intervention by citizens in PUC

proceedings. Since this statute includes all proceedings

before the agency, it obviously deals with citizen

intervention in matters concerning the transportation of

hazardous waste. The statute provides, in relevant part,

that:

"(1) The commissioner may permit any person to become a party

who might, on the institution of the proceeding, have

been such a party, if application therefor is made

before the final taking of evidence in the proceeding."

"(2) At any time before the final taking of evidence in a

proceeding, any person may apply to the commissioner for

permission to.appear and participate in the proceeding ..

The commissioner shall determine the interest of the

applicant in the proceeding and shall grant the

application, subject to appropriate conditions, if he

determines that such appearance and participation will

not unreasonably broaden the issues or burden the

record, and otherwise may deny the application."

The statute, in and of itself, does not guarantee that the

commissioner will grant intervention to any interested citizen.

If a prospective intervenor is able to show, however, that his

participation " ... will not unreasonably broaden the issues or

burden the report ... " then he may participate.

ZB3289.1 (Rev. 9/88) - 3.10 -
However, if ORS 756.525 does not meet EPA's requirements, the

commissioner is able, without qualification, to sign a memorandum

of agreement with EPA guaranteeing that he will allow intervention

by any interested citizen subject to the aforementioned statutory

limitations.

(3) There is no statute which provides for or prohibits the

commissioner from giving 30 days' notice for public comment

on any proposed settlement of a state enforcement action.

The commissioner could agree to provide this notice in a

memorandum of agreement with EPA.

The Department regulates transportation by air or water and has

authority to meet the ,above three requirements:

(1) ORS 466.185 gives the Department authority to investigate all

citizen complaints; viz:

"(1) The department shall investigate any complaint made to

it by any person that the operation of any generator,

air or water transporter or hazardous waste disposal,

collection or treatment site is unsafe or that the

operation is in violation of the provisions of ORS

466.005 to 466.385 and 466.890 or the rules adopted

under ORS 466.005 to 466.385 and 466.890."

(2) and (3) The Department can enter into a memorandum of agrement with

EPA as authorized by ORS 466.086.

ZB3289.1 (Rev. 9/88) - 3.11 -
IX. OTHER

A. Information will be made available to EPA without restriction,

consistent with ORS 466.090.

B. The State will not seek hazardous waste jurisdiction over Indian

Lands.

STATE OF OREGON

DEPARTMENT OF JUSTICE

By:

I

Ass· tant Attorney General

///0 Itrr

Title:

"Date:

ZB3289.1 (Rev. 9/88) - 3.12 -
DAVE FROH-NMAYER

A1TORNEY GENERAL

DATE:

TO:

FROM:

DEPARTMENT OF JUSTICE

PORTLAND OFFICE

500 Pacific Building

520 S.W. Yamhill

Portland. Oregon 97204

Telephone: (503) 229-5725

MEMORANDUM

February 12, 1988

Bill Dana

Department of Environmental Quality

Larry Edelman .fl·

Assistant Attorney General

WILLIAM F. GARY

-IlEPUTY ATTORNEY (;F.NERAL

SUBJECT: State Authorization to Regulate Hazardous Components

of Radioactive Mixed Waste

On Juiy 3, 1986, EPA published notice requiring that, as a

condition for authorization under § 3006(b) of RCRA,states

must have authority to regulate the hazardous components of

radioactive mixed wastes. 51 FR 24504. Radioactive mixed

wastes, according to the EPA notice, are wastes that contain

hazardous wastes sUbject to RCRA and radioactive wastes subject

to the Atomic Energy Act. ---

DEQ requested us to provide an interpretation regarding

oregon's authority to regulate these mixed wastes.

\

Background

The history of the federal controversy surrounding

regulation of radioactive mixed wastes is rather long and

complex. There has been confusion about the extent of EPA'S

jurisdiction under RCRA, if any, over waste streams which

contain both radioactive wastes subject to regulation under the

Atomic Energy Act and wastes subject to regulation as hazardous

wastes under RCRA.

The RCRA statutory definition of so~id waste excludes

source, special nuclear, or· by-product material as defined by

the Atomic Energy Act. These materials, therefore, cannot be

I

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Bill Dana

February 12, 1988

page 2

designated or regulated as RCRA hazardous wastes. (Presumably,

this exemption was intended to avoid overlapping jurisdictions

among the various federal regulatory agencies.)

In practice, facilities that handle radioactive materials

often have mixed waste streams which also contain wastes

otherwise regulated under RCRA as hazardous wastes. Many of

these was~e streams have not been managed appropriately to

protect public health and the environment from the hazardous

waste components of the mixed waste. Until recently, it was

not settled whether RCRA encompasses the mixed waste streams.

After considerable litigation and negotiations at the

federal level, it has been established that RCRA jurisdiction

exists over the hazardous waste component of radioactive mixed

waste if, in accordance with § 1006 of RCRA, the RCRA

regulation of such wastes is not inconsistent with the

requirements of the Atomic Energy Act. l This position is

reflected in the EPA notice of JU~y 3, 1986, and forms the

basis for EPA's requirement that authorized states have

equivalent authority.

Oregon's Authority to Regulate Mixed Wastes

In contrast to RCRA, Oregon's statutory scheme for

regulation of hazardous waste does not center upon a definition

of "solid waste". Rather, "hazardous waste" under Oregon law

is independently defined in ORS 466.005(7). With regard to

radioactive waste, the statute states:

"Hazardous waste does not include radioactive

material • • • unless the material • • • is classified as

hazardous waste • • . on some basis other than the

radioactivity of the material. "(Emphasis added.)-~

Thus, while radioactivity alone is not a basis for

classifying a waste as hazardous under Oregon law, a

IOn January 5, 1987, for example, EPA and NRC issued RCRA

guidance on defining and identifying commercial mixed low level

radioactive and hazardous waste; on May 1, 1987, DOE

promulgated a rule specifying the application of RCRA to mixed

waste streams at DOE facilities, and defining the term-

"by-product" for purposes of such regulation.
e· Bill Dana

February 12, 1988

page 3

radioactive waste which is otherwise classified as hazardous

may clearly be regulated as hazardous waste in Oregon absent

any federal preemption. By implication, the classified

hazardous waste component of a mixed radioactive waste stream

is subject to regulation as hazardous waste under the Oregon

statute.

Implementation of Mixed Waste

Stream Regulation in Oregon

While the legal authority to regulate the hazardous waste

component of mixed radioactive and hazardous waste streams

under Oregon law is clear, the actual implementation of such a

regulatory program would be facilitated by prior identification

of any known facilities or mixed waste streams which may be

sUbject to regulation in Oregon. Consultation among the state

agencies which currently regulate various types of radioactive

materials and facilities may be helpful. Interagency

agreements may then be desirable, if overlapping jurisdiction

may result. The Health Division, Department of Energy, the

Energy Facility Slting Council and the Department of

Transportation each have jurisdiction over several aspects of

using and managing radioactive materials. The practical effect

of regulating as hazardous. waste the hazardous waste component

of "a mixed waste stream may be that the entire waste stream

becomes subject to both hazardous waste and radioactive waste

management regulati~ Under the relevant Oregon statutes it

does not appear that any statutory conflict will result from

such regulation. 2

conclusion

Oregon law presently provides authority for state

regulation of theba?ardous waste component of mixed

2Statutory provisions affecting the regulation of

radioactive materials and wastes by the Departmen~ of Energy

and the Energy Facility Siting Council include ORS 469.525-559;

ORS 469.603-621; ORS 466.380 and ORS 469.930 (Interstate

compact on Low-level 'Radioactive Waste Management). Health

Division authority over certain radioactive wastes is found at

ORS 453.635. Department of Transportacion authority over

transport of radioactive waste is found at ORS 453.825.
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Bill Dana

February 12, 1988

page 4

radioactive wastes. Oregon's hazardous waste law is not based

upon the definition of "solid waste" and does not contain the

RCRA exclusions from that definition. The Oregon definition of

hazardous waste includes radioactive materials otherwise

classified as hazardous waste and, by implication, encompasses

the classified hazardous waste component of a mixed waste

stream.

LE:ys

l794H
Attachment IV

Agenda Item J

7/8/88 EQC Meeting

Before the Environmental Quality Commission of the State of Oregon

In the Matter of Amending

OAR 340, Divisions 100, 102, and

104

)

)

)

Proposed Amendments

e-,

Unless otherwise indicated, material enclosed in brackets [ ] is proposed

to be deleted and material that is underlined is proposed to be added.

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

Adoption of United States Environmental Protection Agency Hazardous

Waste Regulations.

340-100-002 (1) Except as otherwise modified or specified by OAR

Chapter 340, Divisions 100 to 106, the rules and regulations governing the

management of hazardous waste, including its generation. transportation by

air or water. treaement, storage and disposal. prescribed by the United

States Environmental Protection Agency in Title 40 Code of Federal

Regulations.' Part~ 260 to 266. 270 and Subpart A of 124. amendments thereto

promulgated prior to July 1, 1986. and amendments listed.

below in section (2) ~fhlLS-~--are adopted and prescribed by the

Commission to be observed by all persons subject to ORS 466.005 to 466:080,

and 466.090 to 466.215.

(2) In addition to the regulations and amendments promulgated

prior to July 1, 1986. as described in section (1) of this

rule, the following amendments to Title 40 Code of Federal Regulations.

Parts 260 to 266, 270 and Subpart A of 124. as published in volumes

51 and 52 of the Federa~ Register (FR). are adopted and prescribed by the

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

and 466.090 to 466.215:

(a) Amendments pertaining to liability coverage for hazardous waste

management facilities. in 51 FR 25354-56 (July 11, 1986).

(b) Revised'standards for hazardous waste storage and treatment tank

systems, in 51 FR 25470-86 (July 14, 1986).

(c) Amendments to the rules concerning identification and 1is.ting of

hazardous waste, in 51 FR 28298-310 (August 6. 1986).

(d) Technical corrections to the HSWA final codification rule, in 51

FR 28556 (August 8. 1986).

(eo) Amendments to the rules concerning exports of hazardous waste, in

51 FR 28682-86 (August 8. 1986),

1fl[(e)] Corrections to the revised standards for hazardous waste storage

and treatment tank systems, in 51 FR 29430-31 (August 15. 1986).

i&l [(f)] Amendments clarifying the listing for spent pickle liquor from

steel <finishing ·operations, in 51 FR 33612 (September 22~ 1986).

(h) Amendments concerning the waste minimization certification by

hazardous waste generators, in 51 FR 35192-94 (October 1. 1986),

(i) Amendments to the rules concerning the identification and listing

of hazardous waste, in 51 FR 37728-29 (October 24, 1986),
e.

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Attachment IV

Agenda tem J

7/8/88 EQC Meeting

Page 2

(j) Amendments to the interim status standards for hazardous waste

surface impoundments. in 52 FR 8708-9 (March 19, 1987),

ikl [(g)] Technical corrections to the rules concerning burning of

hazardous waste fuel and used oil fuel in boilers and industrial furnaces.

in 52 FR 11821-22 (April 13, 1987).

(1) Technical cOrrections to the definition of solid waste, in 52 FR

21306-7 (June 5. 1987),

(m) Amendments to the rules concerning the development of cOrrective

action programs for hazardous waste land disposal facilities, in 52 Fa 23450

(June 22, 1987) ,

(n) COrrection to the amended rules concerning the development of

corrective action programs for hazardous waste land disposal facilities. in

52 Fa 33936 (September 9, 1987),

2. Rule 340-102-041 is proposed to be amended as follows:

Quarterly reporting.

340-102-041 (1) The provisions of this rule replace the requirements

of 40 CFR 262.41. ,

(2)[A generator of hazardous waste who is required by 40 CFR 262.20 to

use a manifest when shipping wastes off-site,] A person producing at any

time more than one (1) kilogram of acutely hazardous waste, a total of 100

kilograms or more of hazardous waste in a calendar month, or who accumulates

on-site at'any time more than 1,000 kilogramS of hazardous waste, shall

submit Quarterly Reports to the Department from that point forward, unless

no additional' hazardous waste is generated for a period of one year and the

person requests in writing that the Department withdraw histher generator

registration, Reports are due within 45 dAys after the end of each calendar

quarter:

(a) (A) The Quarterly Report shall [contain at least] include, but not

be limited to the following information:

(i) A copy of the completed manifest or a listing of the infOrmation

from each manifest for each shipment made during the calendar quarter; [and]

(ii) A listing of all additional hazardous waste generated during the

quarter that was sent off-site without a manifest or was used, reused or

reclaimed on-site, on a form provided by the Department, The listing shall

include [at least], but not be limited to:

(I) The generator's name and address; ,

(II) The generator's U,S. EPA/DEQ Identification Number;

(III) Identification of the calendar quarter in which the waste was

generated;

(IV) The type and quantity of each waste generated, by EPA code number;

and

·(V) The disposition of each waste, including the identity of the

receiving party for wastes shipped off-site and handling method[,]: and

(iii) If no hazardous waste was generated during the quarter. a

statement to that effect, on a form provided by the Department,

(B) The Quarterly Report must be accompanied by the following

(

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Attachment IV

Agenda Item J

7/8/88 EQC Meeting

Page 3

certification signed and dated by the generator or his authorized

representative:

"I certify under penalty of law that I have personally examined and am

familiar with the information submitted in this demonstration and all

attached documents, and that, based on my inquiry of those individuals

immediately responsible for obtaining the information. 'I believe that

submitted information is true. accurate. and complete. I am aware that

there are significant penalties for submitting false information, including

the possibility of fine and imprisonment."

(3) Any generator who [treats. stores, or disposes] is required to have

a permit for the treatment. storage or disposal of hazardous waste on-site

must also submit a report covering those wastes and activities in accordance

with the provisions of [Divisions 104 and 105] rule 340-104-075 and of 40

CFR, Part 266,

(4) In addition to the requirements of sections (2) and (3) of this

rule. on an annual basis, a person subject to the requirements of section

(2) of this rule shall also submit. with the fourth quarter report. the

following infOrmation:

(a) A description of the efforts undertaken during the calendar year to

reduce the volume and toxicity of wastes generated and to recycle wastes. on

a fOrm provided by the Department:

(b) A description of the changes in volume and toxicity of wastes

actually achieved during the calendar year. in comparison to previous years.

to the extent such infOrmation is available, on a fOrm provided by the

Department.

3. A new rule 340-102-045 is proposed to be added as follows:

Periodic Survey

340-102-045 Beginning July 1, 1988, hazardous waste generators who

receive a survey form from the Department, concerning the waste generated

and waste handling practices. shall either confirm their current

notification status on the form or complete the form. The form shall be

returned to the Department, within 30 days of receipt.

4, Rule 340-102-050 is proposed to be amended as follows:

[International shipments] Exports of Hazardous Waste

349·102-050 (1) Any person who is required to comply with 40 eFR

262.50 through 262.58 shall also comply with section[s] (2) [and (3)] of

this rule.

(2) When shipping hazardous waste outside the.United States, the

generator must notify the Department in writing in accordance with 40 CFR

262,53 [four weeks before the initial shipment of hazardous waste to each

country in each calendar year;].

[(a) The waste must be identified by its EPA hazardous waste

identification number and its' DOT shipping description;

(b) The name and address of the foreign consignee must be included in

this notice; 1
Attachment IV

Agenda Item J

7/8/88 EQC Meeting.

Page 4

[(c)]i§l These notices must be sent to[:] the Department of

Environmental Quality. Hazardous Waste Section,

[Hazardous Waste Section

Department of Environmental Quality

811 S,W, 6th Avenue

Portland, OR 97204]

[(3)(a) the requirements of subsection (3)(b) of this rule replace the

provisions of 40 CFR 262.50(D)(2),

(b) In addition to the generator's signature on the certification

statement, the U.S. importer or his agent must also sign and date the

certification and obtain the signature of the initial transporter.]

5. Rule 340-102-051 is proposed to be amended as follows:

Farmers.

[340-102-051] 340-102-070 In addition to the provisions of 40 CFR

[262.51] 262.70, a farmer disposing o~ waste pesticides from his own use

which are hazardous wastes shall comply with the requirements of Division

109 of these rules.

)

/

6, Rule 340-104-075 is proposed to be amended as follows:

Periodic Report.

.0) ~:

340-104-075 (1) The provisions of this rule replace the requirements

of 40 CFR 264.75 and 40 CFR 265.75,

(2) The owner or operator of a hazardous waste management facility or

recycling facility must prepare and submit an operating report to the

Department[.l on 2 [an approved] form provided by the Department. Disposal

facility reports are due monthly within 45 days after the end of each

calendar month, and treatment and storage facility reports are due within 45

days after the end of each calendar quarter. The report must cover facility

activities during the previous month or quarter, as appropriate, and must

include. but not be limited to the following information:

(a) The EPA identification number, name, and address of the facility;

(b) The period covered by the-report;

(c) For off-site facilities, the EPA identification number of each

hazardous waste generator from which the facility received a hazardous waste

during the period; for imported shipments, the report must give the name and

address of the foreign generator;

(d) A description of the quantity of each hazardous waste the facility

received during the period and the final handling method by EPA handling

code for each waste. For off-site facilities,. this information must be

listed by EPA identification number of each generator; .

(e) The method of treatment, storage, or disposal for each hazardous

waste;

[(f) (Reserved)]

iil [(g)] The most recent closure cost estimate under 40 CFR 264.142, QI

40 CFR 265.142. as appropriate. and, for disposal facilities, the most
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Attachment IV

Agenda Item J

7/8/88 EQC Meeting

Page 5

recent post-closure cost estimate under 40 CFR 264.144, or 40 CFR 265,144,

as appropriate: [and]

1&1 [(h)] A certification signed by the owner or operator of the facility

or his authorized representative as required by 40 CFR 270.ll(b)[,1~

!hl Copies of manifests or other shipping dOCuments for all hazardous

wastes received or a listing of the information from each manifest or

shipping doCument: and

!!l Monitoring data UDder 40 CFR 265,94(a)(2)(ii) and (iii), and

(b)(2),where required.

ZF2906.4

.'