VICTOR ATIYEH COVI!'RNOR

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Department of Environmental Qua/tty

522 SOUTHWEST 5TH AVE. PORTLAND. OREGON

MAILING ADDRESS: P.O. BOX 1760. ?ORTLAND. OREGON 97207

June 24, 1980 .

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Donald P. Dubois, Regional Administrator

EPA - Region 10

1200 Sixth Avenue

Seattle, WA 98101

Re: BW 1.21

Interim Authorization

STATEMENT OF INTDlT

.In response to your letter of May 14, 1980, and Subpart F of 40 CFR

Part 123 (Consolidated Permit Regulations) promulgated May 19, 1980, I

hereby declare Oregon's intent to apply for Phase 1 Interim Authorization,

phase 2 Interim Authorization, and Final Authorization to implement a state

hazardous waste management program in lieu of a federal program. Should.

you determine that the programs described in our phase 1 and Phase 2

applications are not "substantially equivalent" to the promulgated federal

program, we would expect to use the information in those documents to

develop a "cooperative agreement- during the annual State-EPA Agreement

(SEA) process.

In either case (Phase I Interim Authorization or cooperative agreement),

for federal fiscal year 1981 we would expect to need all of the estimated

project grant monies ($395,000) for administration of a state-federal

hazardous waste program. (Under a cooperative agreement we would expect

to administer all of our existing state program and any of the federal

program you would be capable'of delegating). Since we are currently

working on our SEA application, I would appreciate knowing as soon as

possible if you can assure us of these monies.

BRIEF DESCRIPTION OF EXISTING STATE PROGRAM

For the types of hazardous waste generated in Oregon, particularly, and

the Pacific Northwest generally, we believe we currently have a program

capable of meeting your "SUbstantially equivalent" Phase I Interim

Authorization requirements. We currently have state statutory and

administrative authority to:

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Donald P. Dubois, Regional Administrator

page 2

June 19, 1980

1. Register and inspect generators.

2. Register and inspect transporters~

3. License (permit) off-site storage (collection) sites, off-site

treatment sites, and disposal sites.

4. Inspect on and off-site storage (collection) sites, on and off-site

treatment sites, and disposal sites.

5. Take enforcement action against generators, transporters, and operators

of management facilities.

6. Require use of a manifest for intra-state shipments of hazardous

waste.

7. Require reports from generators and operators of manage~ent facilities.

8 • Require liability insurance of all operators of management facilities.

9. Require closure and postclosure financial requirements for operators

of disposal sites.

Any identified statutory deficiencies will be scheduled for correction

during the next legislative session scheduled to convene in January, .1981.

Any identified administrative deficiencies can generally be corrected

~ithin 180 days, if necessary, while still providing an opportunity for

pUblic participation. If possible, however, we would like to consolidate

all required administrative changes into a single hearing following the

1981 legislative session (therefore, sometime after July 1, 1981.)

Enclosed for your use are copies of Oregon Revised statutes, Chapter 459

and 767 and Oregon Administrative Rules, Chapter 340-62 and

63, and Chapter 860-36. We have already begun a detailed part-by-part

analysis of federal rules promulgated February 26 and May 19,1980, and

expect to begin submitting draft copies for your preliminary review in

the next two to three weeks (Part 262 and 263 nearly complete: Part 261

and 264 scheduled next).

OR~~IZAT!ONAL STRUCTURES

See Charts 1 and 2 attached for organizational structures for the

Department of Environmental Quality and public Utility Commissioner as

it relates to the state's hazardous waste program.

PHASE 1 INTERIM AUTHORIZATION APPLICATION SCHEDULE

July 2, 1980

August 1, 1980

September 16, 1980

Letter of Intent

Draft Interim Authorization Application

Complete Interim Authorization Application

The above dates represent final completion dates for the activities

described. Following receipt of your interim authorization "guidance

document," we expect to work on all sections of the application

simultaneously and submit drafts of completed portions to your State

1.2.
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Donald P. Dubois, Regional A~~inistrator

Page 3

June 19, 1980

Delegation Coordinator as we develop them. ~~en you have designated a

state delegation coordinator, please let us know immediately.) Our prime

contact person and person responsible for meeting the above schedule is:

Richard Reiter, Supervisor

Hazardous Waste Section

area code 503 229-6~34.

If there are any questions regarding the above matters, please feel free

to contact this office or Richar4 Reiter.

Sincerely,

tJ~ ;.{~~ William H. youn{J I

Director

RR:bn

PBD157

Enclosures

cc: Ken Feigner, Chief Air and Hazardous Materials Ranch

John Vlastelicia - Oregon Operations Office

LErnie ..s..chmidt/Rich Reiter.

Ray Underwood, Dept. of Justice

Harold Sawyer, Administrator, Water Quality Division

.E. Jack Weathersbee, Administrator, Air Quality Division

Fred Bolton, Administrator, Regional Operations

paul Henry, Public Utility Commissioner

Don Godard, Dept. of Energy

Pat Amedeo, Governor's Office

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DEPAR'n°iENT OF ~·VIRONL~I':;'.L QUALITY

Governor

I Victor Atiyeh I

Environ.'nental Quali~ Commi ss i on

. . Joe B• Richards, Chairman ". " "

DEQ

William H. Young, Director

t' I I I I

Manage- Laboratory Regional Solid \<Jaste Air Water

ment;: Division Opera- Division Quality Quality

Services tions ,Ernest. A. Division Division

Division Division Schmidt, I

Adr.linistrator

Hazardous Waste

Section

Richard po, Reiter \

Supervisor

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Chart 1
• PUBLIC UTILITY COMMISSIONER

Governor

Victor Atiyah

Public Utility Cqr.missione~ . . John J. Lobdell

rative

::>ervices

Consumer

Assistance

and

~eatherization

Programs

IProceed; ngs Motor

?rog ram

Don Haakenson

Assistant

Cczm i s s i oner

j

Rail-Air-Marine I Progr~r:t ~tility

;, rog ram

•

Investigations

OJ vis i on

Paul -Henry ,

Division Administrator

LS

Chart 2