justicedao/ipfs_state_laws huggingface dataset:
340-100-0005 Public Availability of Information (1) Upon request, the Department shall make available Department records regarding facilities and sites for the treatment, storage, and disposal of hazardous waste, in accordance with ORS 192.410 through 192.500. (2) Within 20 days of receipt of a request for records, under section (1) of this rule, the Department shall either grant or deny the request. If the Department fails to act within 20 days, the request shall be deemed to be denied. (3) In the event that a request for records is denied, the Department shall notify the requestor, in writing, of the basis for the denial and of the requestor’s right to appeal the denial to the Attorney General of the State of Oregon, as provided in ORS 192.450. (4) In the event that a claim of confidentiality has been made, under OAR 340-100-0003, and such claim cannot be resolved within 20 days of receipt of a request for records, the Department shall notify the requestor within that 20-day period that the request is denied until the claim of confidentiality can be resolved. (5) The Department shall consider the reduction or waiver of any fees required to provide copies of records, if the records are requested by the news media, a non-profit public interest group, or any other person or entity, and the requestor provides a written statement in support of reduction or waiver. The Department may reduce or waive fees, if the Department determines that reduction or waiver serves the public interest, taking into consideration the magnitude of the request, the Department’s resources, whether the information would not be obtainable by the requestor without the reduction or waiver and any other factors relevant to the public interest. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 192.410 - 192.505 & 466.090 History: DEQ 10-1987, f. & ef. 6-11-87
340-100-0020 Petitions, General (1) Any person may petition the Department to approve an equivalent testing or analytical method or may petition the Commission to exclude a waste produced at a particular facility. This rule sets forth general requirements which apply to all such petitions. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.20. (3) After evaluating all public comments, the Department or Commission as appropriate will make a decision to grant or deny the petition. Persons commenting on the petition will be notified and the decision placed in the public record. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 468.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-100-0021 Petitions for Equivalent Testing or Analytical Methods (1) Any person seeking to add a testing or analytical method to OAR 340, division 101, 104 or 105 shall petition under this rule and OAR 340-100-0020. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.21. (3) If the Department permits use of a new testing or analytical method, the method will be made available for public inspection in the manner indicated in OAR 340-100-0011(2). NOTE: In most instances, the Department will not consider approving a testing or analytical method until it has been approved by EPA. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 468.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-100-0022 Petitions to Amend Division 101 to Exclude a Waste Produced at a Particular Facility (1) Any person seeking to exclude a waste at a particular generating facility from the lists in Subpart D of Part 261 shall petition under this rule and OAR 340-100-0020. (2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.22. (3) The Commission may (but shall not be required to) grant a temporary exclusion before making a final decision under 40 CFR 260.20(d) whenever it finds that there is a substantial likelihood that an exclusion will be finally granted. The Commission will place any such temporary exclusion in the public record. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020, 466.075 & 468.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-100-0042 Variance Reporting (1) The provisions of this rule replace the provisions of 40 C.F.R. § 260.42(a) and § 260.42(a)(5). (2) The provisions of § 260.42(a)(5) are removed and reserved. (3) Facilities managing materials under a variance must send a notification prior to operating under the regulatory provisions and by March 1 of each year. Statutory/Other Authority: ORS 183, 459, ORS 465.009, 466.020 & 468 Statutes/Other Implemented: ORS 465.009, 466.020, ORS 465.003, 466.005, 466.075, 466.105 & 468.020 History: DEQ 20-2022, adopt filed 11/21/2022, effective 01/01/2023
340-100-0043 Legitimacy Criteria The provisions of this rule replace the provisions of 40 C.F.R. § 260.43(a)(3) “Where there is an analogous raw material, the hazardous secondary material must be “contained,” at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. Where there is no analogous raw material,” is deleted. Statutory/Other Authority: ORS 183, 459, ORS 465.009, 466.020 & 468 Statutes/Other Implemented: ORS 465.009, 466.020, ORS 465.003, 466.005, 466.075, 466.105 & 468.020 History: DEQ 20-2022, adopt filed 11/21/2022, effective 01/01/2023
340-101-0001 Purpose and Scope (1) This division identifies those residues which are subject to regulation as hazardous wastes under divisions 100 to 106, 109, 111, 113, 124 and 142 of this chapter. (2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273, and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. Statutory/Other Authority: ORS 183.325 - 183.337, 459, 465.009, 466.020 & 468.020 Statutes/Other Implemented: ORS 465.009, 466.075 & 466.105 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 13-2002, f. & cert. ef. 10-9-02 DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 8-1985, f. & cert. ef. 7-25-85 DEQ 7-1984, f. & cert. ef. 4-26-84
340-101-0007 Special Requirements For Hazardous Waste Generated By Very Small Quantity Generators (1) The provision of 40 C.F.R. 262.14(a)(5)(iv) and (v) and 40 C.F.R. 262.13(f)(1)(iii)do not apply to generators of hazardous waste, including dry cleaning wastewater, generated from dry cleaning operations at dry cleaning facilities. (2) In addition to the requirements of 40 C.F.R. 262.14(a)(3) and 40 C.F.R. 262.14(a)(4), generators of hazardous waste, including dry cleaning wastewater, derived from dry cleaning operations at dry cleaning facilities shall comply with additional management requirements in OAR 340-124. (3) All healthcare facilities, including very small quantity generators “operating under §262.14 in lieu of 40 C.F.R. 266 subpart P” and reverse distributors, are prohibited from discharging hazardous waste pharmaceuticals to a sewer system that passes through to a publicly-owned treatment works. Statutory/Other Authority: ORS 466.015, 466.180 & 465.505 Statutes/Other Implemented: ORS 466.075, 466.195 & 465.505 History: DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022 DEQ 13-2002, f. & cert. ef. 10-9-02
340-101-0030 Chemical Agent Munitions and Chemical Agent Bulk Items Notwithstanding any otherwise applicable provisions of 40 C.F.R. Parts 260 to 268, 270, or other provisions of these rules, chemical agent munitions and chemical agent bulk items in storage as of the effective date of this rule are residues, and listed hazardous wastes assigned the appropriate waste codes in OAR 340-102-0011(2)(c)(A)(i) and (ii). Statutory/Other Authority: ORS 466.005, 466.010 - 466.035, 466.625 & 466.630 Statutes/Other Implemented: ORS 466.205 - 466.225, 466.605 - 466.680, 468.005 - 468.075 & 468.090 - 468.140 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 3-2001, f. & cert. ef. 3-27-01
340-101-0040 Wastes Requiring Special Management (1) Abrasive Blast Waste Containing Pesticides. Abrasive blast waste which contains pesticides that do not meet the criteria specified in 40 CFR Part 261, Subpart C, is not a federal hazardous waste for any other reason, and fails the “Department of Environmental Quality Aquatic Toxicity Test,” whereby a representative sample of a pesticide residue exhibits a 96-hour aquatic toxicity LC50 equal to or less than 250 mg/l, are not subject to OAR 340, divisions 100 to 106, 109 and 142 provided: (a) The waste is prevented from entering the environment; and: NOTE: The practices described in Appendix 1, “Best Pollution Prevention Practices for Abrasive Blast Media Waste from Shipyard Repair Facilities,” provide guidance. The guidance in Appendix 1 or equivalent Best Pollution Prevention Practices should be used. (b) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(1)(c); and, (c) The waste is recycled, disposed of according to OAR 340-093-0190(1)(f), or disposed of at a hazardous waste facility or other facility authorized to receive such waste. (2) Pesticide Treated Wood. Spent treated wood that is used or reused for a purpose for which the material would be treated is exempt from OAR 340-101-0040(2). Waste resulting from the use of newly pesticide-treated wood (including scrap lumber, shavings and sawdust; waste resulting from shaping pesticide-treated wood, such as sawdust, shavings and chips; and treated wood removed from service) that does not meet the criteria specified in 40 CFR Part 261, Subpart C; and is not a federal hazardous waste for any other reason; and is not otherwise excluded by 40 CFR 261.4(b)(9), and is not pesticide residue as defined in OAR 340-100-0010 is not subject to Divisions 100 to 106, 109 and 142 provided: (a) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(2)(b); and (b) The waste is recycled or disposed of according to OAR 340-093-0190(1)(g) or is managed at a facility authorized to receive such waste. [NOTE: View a PDF of Appendix 1 by clicking on "Tables" link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 183.325-337, 465.009, 466.020, 466.090 & 468.020 Statutes/Other Implemented: ORS 466.020, 466.025, 466.075 & 466.100 History: DEQ 22-2022, minor correction filed 11/21/2022, effective 11/21/2022 DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 11-1995, f. & cert. ef. 5-19-95 DEQ 6-1994, f. & cert. ef. 3-22-94
340-101-0050 Standards for Materials Being Recycled Reserved Statutory/Other Authority: ORS 183.337, 465.009, 466.020 & 468.020 Statutes/Other Implemented: ORS 466.015, 466.075 & 466.086 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 4-1999, f. & cert. ef. 3-19-99
340-102-0010 Purpose, Scope and Applicability (1) This division establishes standards for hazardous waste generators. (2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273 and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. (3) Any person identified in section (4) of this rule is exempt from compliance with Divisions 100 to 106 provided such person complies with the requirements of Division 109. (4) A person is exempt under section (3) of this rule if that person produces an unwanted pesticide residue other than unused commercial chemical product pesticide from: (a) Pesticide manufacturing, repackaging, formulating, bulking, mixing, application, use, and cleaning up spilled material; (b) Agricultural pest control (for example, on crops, livestock, Christmas trees, commercial nursery plants or grassland); (c) Industrial pest control (for example, in warehouses, grain elevators, tank farms or rail yards); (d) Structural pest control (for example, in human dwellings); (e) Ornamental and turf pest control (for example, on ornamental trees, shrubs, flowers or turf); (f) Forest pest control; (g) Recreational pest control (for example, in parks or golf courses); (h) Governmental pest control (for example, for clearing a right-of-way or vector, predator, and aquatic pest control); (i) Seed treatment; (j) Pesticide demonstration and research; or (k) Wood treatment (for example, lumber, poles, ties and other wood products). (5) A person who generates a hazardous waste as defined by 40 C.F.R. § 261.3 must comply with this division’s requirements. A person who fails to comply with these rules is subject to the compliance requirements and penalties prescribed by ORS 466.185 to 466.210, 459.992 and 466.995, 459.995, 466.880, 466.890, 466.895, 466.900 and OAR chapter 340, division 12. Statutory/Other Authority: ORS 183.325-337, 459, 465.009, 466.020, 465.009 & 468.020 Statutes/Other Implemented: 466.010, 466.015, 466.020, 466.075 & 466.195 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-102-0018 Identification Number and Verification In addition to the provisions of 40 C.F.R. 262.1 8 , as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and identification numbering system (Dun and Bradstreet) for generators who register in the future. Effective January 1, 1991, and annually thereafter, hazardous waste generators and hazardous waste management and recycling facilities shall verify registration information on a form provided by the Department. Statutory/Other Authority: ORS 183, 459, 466.020, ORS 466.075, 466.165, 466.195 & 468 Statutes/Other Implemented: ORS 466.075 History: DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022
340-102-0034 Accumulation Time, Container and Tank Management Standards (1) In addition to the requirements of 40 C.F.R. 262. 17 , a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that, if storing in excess of 100 containers, the waste is placed in a storage unit that meets the requirements of 40 C.F.R. 264.175. (2) A generator shall comply with provisions found in 40 C.F.R. 262. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 466.075 History: DEQ 23-2023, minor correction filed 12/01/2023, effective 12/01/2023 DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022 DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 23-1987, f. & ef. 12-16-87 DEQ 8-1985, f. & ef. 7-25-85
340-102-0040 Recordkeeping (1) The provisions of section (2) of this rule replace the requirements of 40 CFR 262.40(b). (2) A generator must keep a copy of reports submitted to the Department under OAR 340-102-0041 and under 40 CFR 262.42(b) for a period of at least three years from the due date of the report. (3) The record retention requirement of section (2) of this rule applies to the provisions of 40 CFR 262.44. Statutory/Other Authority: ORS 183.325-337, 459, 465.009, 466.020, 465.009, 468.020 & 468 Statutes/Other Implemented: 466.075 & 466.090 History: DEQ 12-1996, f. & cert. ef. 7-31-96 DEQ 13-1991, f. & cert. ef. 8-5-91 DEQ 8-1985, f. & ef. 7-25-85
340-102-0050 International Shipments (1) Any person who is required to comply with 40 CFR 262.50 through 262.58 shall also comply with section (2) 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. (3) These notices must be sent to Department of Environ-mental Quality, Hazardous Waste Section. Statutory/Other Authority: ORS 183, 459, 466 & 468 Statutes/Other Implemented: ORS 466.075 History: DEQ 19-1988, f. & cert. ef. 7-13-88 DEQ 8-1985, f. & ef. 7-25-85
340-102-0070 Farmers In addition to the provisions of 40 C.F.R. § 262.70, a farmer disposing of waste pesticides from the farmer’s own use which are hazardous wastes must comply with the requirements of division 109 of these rules. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.020 & 466.075 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 19-1988, f. & cert. ef. 7-13-88, Renumbered from 340-102-0051 DEQ 8-1985, f. & ef. 7-25-85
340-102-0200 Academic Laboratories (1) The reporting provisions of 40 C.F.R 262.41 are deleted and replaced by OAR 340-102-0041(2). (2) The phrase “associated with the container” regulated under 40 C.F.R. 262.206(a)(2), § 262.208(d)(1)(i), § 262.208(d)(2)(i), § 262.210(b)(2), § 262.211(e)(2), § 262.212(e)(2), and § 262.214(a)(1)(ii) is deleted. (3) A Department or EPA Identification Number is required for all academic entities who opt into Subpart K by the provisions of OAR 340-102-0012 replacing the requirements of 40 C.F.R. 262.203(a); (4) When notifying the Department as 40 C.F.R. 262.203(a) requires, to opt-in to Subpart K, an eligible academic entity is required to submit their completed Laboratory Management Plan as defined in 40 C.F.R. 262.214. Statutory/Other Authority: ORS 183, 192, 459, 465.009, 466.015, 466.020, 466.075, 466.090, 466.105, 466.165, 466.195, 468 & 646 Statutes/Other Implemented: ORS 466.075 History: DEQ 5-2017, f. & cert. ef. 7-12-17
340-102-0230 Episodic Generation (1) The provisions of this rule are in addition to the requirements of 40 C.F.R. 262 Subpart L. (2) All episodic generators are required to submit an annual hazardous waste generator report and pay hazardous waste generation fees as required by OAR 340-102-0041 and OAR 340-102-0065. (3) Planned events require prior written Department approval to qualify as episodic. (4) Generators must submit written notification on the form provided by the Department to DEQ within five days of submitting the initial 72-hour notification for unplanned events. Statutory/Other Authority: ORS 183, 459, 466.020, ORS 466.075, 466.105, 466.165, 466.195 & 468 Statutes/Other Implemented: ORS 466.075 & 466.090 History: DEQ 20-2022, amend filed 11/21/2022, effective 01/01/2023 DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022
340-102-0500 Healthcare Facilities and Reverse Distributors (1) The notification requirements of 40 C.F.R. 266.502(a)(1)(i) and (ii), and 40 C.F.R. 266.510(a)(1)(i) and (ii), are deleted and replaced by DEQ notification requirements for healthcare facilities or reverse distributors to notify within 60 days of being subject to 40 C.F.R. 266 Subpart P as required under OAR 340-100-0010. (2) The reporting provisions of 40 C.F.R 266.510(c)(9)(i) are deleted and replaced by OAR 340-102-0041(2). (3) In addition to the provisions of 40 C.F.R. 266.507(c) & (d), empty container(s) and empty container residue(s) definitions are added as specified under OAR 340-100-0010. Statutory/Other Authority: ORS 183, 192, 459, 465.009, 466.015, 466.020, ORS 466.075, 466.090, 466.105, 466.165, 466.195, 468 & 646 Statutes/Other Implemented: ORS 466.075 History: DEQ 21-2022, minor correction filed 11/21/2022, effective 11/21/2022 DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022
340-103-0010 Purpose and Applicability (1) This division establishes standards that apply to a person transporting hazardous waste by air or water if the transportation requires a manifest under division 102. (2) Rail and highway transporters must comply with the regulations of the Public Utility Commissioner. (3) A person must also consult 40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in rule 340-100-0002, to determine all applicable hazardous waste management requirements. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 8-1985, f. & ef. 7-25-85
340-103-0011 Identification Number In addition to the requirements of 40 CFR 263.11, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and EPA’s identification numbering system (Dun and Bradstreet) for transporters who register in the future. Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-103-0030 Immediate Action In addition to the requirements of 40 CFR 263.30, a transporter who has discharged hazardous waste must report the discharge to the Oregon Emergency Management Division (Phone 800-452-0311). Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Other Implemented: ORS 466.020 & 466.635 History: DEQ 8-1985, f. & ef. 7-25-85
340-103-0031 Discharge Clean Up A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. See division 142 for further requirements. Statutory/Other Authority: ORS 183, 466 & 469 Statutes/Other Implemented: ORS 466.020 & 466.645 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 8-1985, f. & ef. 7-25-85
340-104-0001 Purpose, Scope and Applicability (1) This division establishes minimum State standards that define the acceptable management of hazardous waste. (2) A person must also consult 40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. (3)(a) The provisions of subsection (3)(b) of this rule replace the requirements of 40 C.F.R. § 264.1(d). (b) This division’s requirements apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the following extent: (A) 40 C.F.R. § 264.11 (identification number); (B) 40 C.F.R. § 264.16 (personnel training); (C) 40 C.F.R. § 264.71 (manifest system); (D) 40 C.F.R. § 264.72 (manifest discrepancies); (E) 40 C.F.R. § 264.73(a), (B)(1) and (B)(2) (operating record); (F) 40 C.F.R. § 264.75 (periodic report); and (G) 40 C.F.R. § 264.76 (unmanifested waste report). (c) When abandonment is complete, the owner or operator must submit to the Department certification by the owner or operator and by an independent registered professional engineer. The certification must state that the facility has been closed in a manner that will ensure that plugging and abandoning the well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. (4) The provisions of 40 C.F.R. § 264.1(f) are deleted. (5) In addition to the requirements of 40 C.F.R. Section 264.1(g)(8)(iii), any person covered by 40 C.F.R. Section 264.1(g)(8)(iii) must comply with the applicable requirements of OAR 340, divisions 100 to 106 and 142. (6) Persons receiving from off-site solid waste which becomes hazardous waste by virtue of federal or state statute or regulation and who treat or dispose of such waste must comply with the applicable requirements of OAR 340, divisions 100 to 106, 120, and 40 C.F.R. Parts 264 and 265 and must receive a final permit before managing the waste. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.020 & 466.095 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-104-0003 Relationship to Interim Status (1) The provisions of 40 CFR 264.3 are deleted. (2) An owner or operator of an existing facility which has not been issued a RCRA permit shall comply with the requirements of OAR 340-105-0010. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.105 History: DEQ 8-1985, f. & ef. 7-25-85