justicedao/ipfs_state_laws huggingface dataset:
340-104-0004 Imminent Hazard Action (1) The provisions of section (2) of this rule replace the provisions of 40 CFR 264.4. (2) Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to ORS 466.185 to 466.210. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.185 - 466.210 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-104-0011 Identification Number In addition to the provisions of 40 CFR 264.11, as a matter of policy, the Department will accept EPA identification numbers already assigned, use an amended EPA registration form, and use EPA’s identification numbering system (Dun and Bradstreet) for owners and operators who register in the future. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.115 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0012 Required Notices The provisions of 40 CFR 264.12(c) regarding transfers of ownership are hereby deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.015 & 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0021 General Inspection Provisions (1) The provisions of 40 CFR 264.15(b)(4) and (5) that reference Performance Track are deleted. (2) The provisions of 40 CFR 264.174 that reference Performance Track are deleted. (3) The provisions of 264.195(e) that reference Performance Track are deleted. Statutory/Other Authority: ORS 183, ORS 459 & ORS 468 Statutes/Other Implemented: ORS 466.195 & ORS 466.150 History: DEQ 2-2009, f. & cert. ef. 6-25-09
340-104-0029 Unsaturated Zone Monitoring Program An owner or operator may be required to establish an unsaturated zone monitoring program consisting of soil-pore liquid monitoring in the zone immediately below a facility to determine whether hazardous constituents have migrated out of the facility. The Department will approve the components of this program based on a consideration of the construction and operation of the facility and the type and amount of waste being managed therein. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.195 & 466.150 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0056 Emergency Procedures (1) In 40 CFR 264.56(d) prior to paragraph (1), the phrase “outside the facility” is deleted. (2)(a) The requirements of subsection (2)(b) of this rule replace the provisions of 40 CFR 264.56(d)(2); (b) He must immediately notify either the Department or the Oregon Emergency Management Division (using their 24-hour toll-free number 1-800-452-0311). (3) In addition to the requirements of 40 CFR 264.56(j), the owner or operator’s report must include: (a) The steps taken to prevent a recurrence of the incident; and (b) Any changes required in the contingency plan. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.150 & 466.635 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0074 Availability of Records (1) The provisions of 40 CFR 264.74(a) are replaced with section (2) of this rule. (2) All records, including plans, required under this Division must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the Department as authorized by ORS 466.185. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.150 & 466.195 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-104-0143 Financial Assurance for Facility Closure (1) This rule amends the requirements of 40 CFR 264.143. (2) An owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 CFR 264.143(a) to 264.143(h). (3)(a) If an owner or operator uses the trust fund option specified in 40 CFR 264.143(a) to establish financial assurance for closure of the facility, the owner or operator must also comply with subsection (3)(b) of this rule; (b) During the period the current closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 CFR 264.143(b) to 264.143(f). (4) The phrase “…term of the initial RCRA permit…” in the first sentence of 40 CFR 264.143(a)(3) is deleted and replaced with the phrase “…initial 10 years the facility is permitted under Divisions 105 and 106….” (5) The phrase “…in one or more States” in the last sentence of 40 CFR 264.143(e)(1) is deleted and replaced with the phrase “…in Oregon.” (6) The phrase “Except as may be required by 40 CFR 264.143(f)(10),” is added to the beginning of the first sentence of 40 CFR 264.143(f)(1). (7) The phrase “An owner or operator that has a parent corporation may only meet…” replaces the phrase “An owner or operator may meet…” in the first sentence of 40 CFR 264.143(f)(10). Statutory/Other Authority: ORS 183, 459, 466.020(1)&(2), 466.020(7) & 468 Statutes/Other Implemented: ORS 466.020, 466.150 & 466.160 History: DEQ 11-1993, f. & cert. ef. 7-29-93 DEQ 8-1985, f. & ef. 7-25-85
340-104-0145 Financial Assurance for Post-Closure Care (1) This rule amends the requirements of 40 C.F.R. § 264.145. (2)(a) The owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 C.F.R. § 264.145(a) through (h); (b) The owner or operator of a treatment or storage facility subject to post-closure monitoring or maintenance requirements must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and must choose one of the options specified in 40 C.F.R. § 264.145(a) through (h). (3)(a) If an owner or operator uses the trust fund option specified in 40 C.F.R. § 264.145(a) to establish financial assurance for post-closure care of a facility, the owner or operator must also comply with subsection (3)(b) of this rule; (b) During the period the current post-closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 C.F.R. §§ 264.145(b) to 264.145(f). (4) The phrase "Except as may be required by 40 C.F.R. § 264.145(f)(11)", is added to the beginning of the first sentence of 40 C.F.R. § 264.145(f)(1). (5) The phrase "An owner or operator that has a parent corporation may only meet . . . " replaces the phrase "An owner or operator may meet . . . " in the first sentence of 40 C.F.R. § 264.145(f)(11). Statutory/Other Authority: ORS 183, 459, 466.020(1)&(2), 466.020(7) & 468 Statutes/Other Implemented: ORS 466.020, 466.150 & 466.160 History: DEQ 88-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 11-1993, f. & cert. ef. 7-29-93 DEQ 8-1985, f. & ef. 7-25-85
340-104-0147 Liability Requirements (1) This rule amends the requirements of 40 CFR 264.147. (2) The phrase “…in one or more States” at the end of 40 CFR 264.147(a)(1)(ii) is deleted and replaced with the phrase “…in Oregon.” (3) The phrase “…in one or more States” at the end of 40 CFR 264.147(b)(1)(ii) is deleted and replaced with the phrase “…in Oregon.” Statutory/Other Authority: ORS 183, 459, 466 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 12-1989, f. & cert. ef. 6-12-89 DEQ 8-1985, f. & ef. 7-25-85
340-104-0149 Use of State-Required Mechanisms The provisions of 40 CFR 264.149 are deleted. Statutory/Other Authority: ORS 183, 459 & 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
340-104-0150 State Assumption of Responsibility The provisions of 40 CFR 264.150 are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.015 & 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0151 Wording of the Instruments (1) This rule amends 40 CFR 264.151. (2) When used in 40 CFR 264.151, the references specified in section (2) of this rule shall be changed as indicated in this section: (a) “The United States Environmental Protection Agency,” “The U.S. Environmental Protection Agency,” or “EPA” shall be “the Oregon Department of Environmental Quality” (hereinafter called “Department”); (b) “The United States Government” shall be “the State of Oregon”; (c) “The EPA Regional Administrator” shall be “the Department”; (d) “The appropriate EPA Regional Administrator” shall be “the Department”; (e) “The Resource Conservation and Recovery Act as amended (RCRA)” or “The Resource Conservation and Recovery Act of 1976 (as amended)” shall be “Oregon law”; (f) “Where EPA is not administering the financial requirements of Subpart H of 40 CFR, Parts 264 and 265” shall be “other than Oregon.” Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0220 Applicability to Surface Impoundments (1) The provisions of 40 CFR 264.220 are deleted and replaced with the requirements of section (2) of this rule. (2) The regulations in Subpart K of 40 CFR, Part 264 apply to owners and operators of facilities that use surface impoundments to treat or store hazardous waste, except as 40 CFR 264.1 provides otherwise. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.030 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0228 Closure and Post-Closure Care of Surface Impoundments (1) The provisions of 40 CFR 264.228(a)(1), and (c) are deleted and replaced with the requirements of sections (2), (3), and (4) of this rule. (2) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 40 CFR 261.3(d) applies. NOTE: The state program is more stringent than the federal program in that it requires the removal of all wastes, etc., at closure whereas the federal program gives the option of closing with wastes left in place. (3) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in section (2) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility in accordance with the closure requirements of 40 CFR 264.228(a)(2) and perform post-closure care in accordance with the closure and post-closure care requirements of 40 CFR 264.228(b). (4)(a) The owner or operator of a surface impoundment that does not comply with the liner requirements of 40 CFR 264.221(a) and is not exempt from them in accordance with 40 CFR 264.221(b) must: (A) Include in the closure plan for the surface impoundment under 40 CFR 264.112 both a plan for complying with section (2) of this rule and a contingency plan for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure; and (B) Prepare a contingent post-closure plan under 40 CFR 264.118 for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure. (b) The cost estimates calculated under 40 CFR 264.142 and 264.144 for closure and post-closure care of a surface impoundment subject to this section must include the cost of complying with the contingent closure plan and the contingent post-closure plan. Statutory/Other Authority: ORS 192, 466.020 & 646 Statutes/Other Implemented: ORS 466.150 & 466.215 History: DEQ 11-1995, f. & cert. ef. 5-19-95 DEQ 8-1985, f. & ef. 7-25-85
340-104-0258 Closure and Post-Closure Care for Waste Piles The phrase “…but are not required to include the cost of expected closure under paragraph (a) of this section” at the end of 40 CFR 264.258(c)(2) is deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.150 & 466.215 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0276 Food-Chain Crops (1) In 40 CFR 264.276, the term “animal feed crops” is substituted for the term “food chain crops.” (2) The provisions of 40 CFR 264.276(b)(1) are deleted. NOTE: The state program is more stringent than the federal program in that it does not permit crops intended for human consumption to be grown on a land treatment facility. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.015 & 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0339 Procedure For Prohibiting the Land Disposal of Any Hazardous Waste (1) The Department may prohibit the Land Disposal of any hazardous waste if in the Department’s judgment there are more environmentally sound beneficial use, reuse, recycle, reclamation, treatment or disposal options. In making such a judgment, the Department shall consider but not be limited to storage, transportation and other appropriate risks. (2) For wastes identified under section (1) of this rule, the Department shall notify any affected generators and land disposal owners or operators, in writing, that land disposal of a specified waste is prohibited. Such notice shall indicate the specific waste affected by name and EPA Hazardous Waste Number, and shall also indicate the alternative means of beneficial use, reuse, recycle, reclamation, treatment or disposal deemed to be more environmentally sound. The Department shall provide that the prohibition is effective for the waste listed in the notice 90 days after receipt of the notice. The generator or disposal facility shall have 30 days from the receipt of notice to appeal the prohibition to the Department. The Department shall make a final determination within 60 days of the original notice if a timely appeal has been filed. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.025 & 466.030 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-0340 Applicability to Incinerators The provisions of 40 CFR 264.340(e) are deleted. NOTE: The Department may require the owner or operator to obtain an Air Contaminant Discharge Permit and such permit may establish standards more stringent than required under Subpart 0 of 40 CFR Part 264. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.030 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 8-1985, f. & ef. 7-25-85
340-104-0343 Performance Standards The provisions of 40 CFR 264.343(d) are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.150 History: DEQ 8-1985, f. & ef. 7-25-85
340-104-1201 Design and Operating Standards (1) The following provisions are added to and made part of the design and operating standards in 40 CFR 264 Subpart EE for units used for the storage of chemical agent munitions and chemical agent bulk items: (a) No later than April 30, 2001, a storage unit operations and management plan, including a description of applicable vapor and liquid chemical agent containment mechanisms, and monitoring/inspection programs, must be submitted to the Department for approval; and (b) Storage units used for the storage of nerve agent (such as GB and VX) must be equipped with vapor containment mechanisms. (2) The provisions of 40 CFR 264.1201(b)(3) are deleted for purposes of storage of chemical agent munitions and chemical agent bulk items. (3) As used in 40 CFR 264.1201(f) for purposes of storage of chemical agent munitions and chemical agent bulk items, “no migration” of chemical agent from the storage unit shall mean: (a) No detectable concentration of chemical agent outside the containment mechanisms of the storage unit, as measured by sampling and analytical methods specified in the approved management plan of OAR 340-104-1201(1)(a). Statutory/Other Authority: ORS 466.010 - 466.035, 466.625 & 466.630 Statutes/Other Implemented: ORS 466.205-225, 466.605-680, 468.005-075 & 468.090-140 History: DEQ 3-2001, f. & cert. ef. 3-27-01
340-105-0001 Purpose, Scope and Applicability (1) This division establishes basic permitting requirements, such as application requirements, standard permit conditions, monitoring and reporting requirements, and management requirements for existing facilities which have not been issued a RCRA permit. (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) The provisions of section (4) of this rule replace the contents of 40 C.F.R. §§ 270.1(a), 270.1(b) and 270.1(c) prior to paragraph (c)(1). (4)(a) Technical regulations. The hazardous waste permit program has separate additional regulations that contain technical requirements. The Department uses these separate regulations to determine what requirements permits must include if they are issued. These separate regulations are located in 40 C.F.R. Part 264 and OAR Chapter 340, Division 104. NOTE: Although the permit applicant or permittee will interface primarily with the Department as is indicated by these rules, hazardous waste disposal facility permits are technically issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department. (b)(A)Applicability. The state hazardous waste program requires a permit for the "treatment," "storage" or "disposal" of any "hazardous waste" as identified or listed in OAR Chapter 340, Division 101. The terms "storage," "disposal" and "hazardous waste" are defined in OAR 340-100-0010. The term "treatment" is defined in 40 C.F.R. § 260.010. (B) Owners and operators of hazardous waste management units must have permits: (i) During the active life (including the closure period) of the unit, and (ii) For any unit which closes after the effective date of these rules, during any post-closure care period required under 40 C.F.R. § 264.117, and (iii) During any compliance period specified under 40 C.F.R. § 264.96, including any extension of the compliance period under 40 C.F.R. § 264.96(c). Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.095 & 466.215 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 11-1995, f. & cert. ef. 5-19-95 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-105-0003 Considerations Under Federal Law The provisions of 40 CFR 270.3, and the Remedial Action Plan provisions under 40 CFR 270.2, 270.11(d), 270.42, 270.68, 270.73(a) and 270.79–270.230 are deleted. Statutory/Other Authority: ORS 465.009 & 466.020 Statutes/Other Implemented: ORS 465.003, 465.009, 466.075 & 466.105 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 10-2000, f. & cert. ef. 7-21-00 DEQ 8-1985, f. & ef. 7-25-85
340-105-0005 State Program Reporting The provisions of 40 CFR 270.5 are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0012 Confidentiality of Information (1) The provisions of this rule replace the provisions of 40 CFR 270.12. (2) An owner, operator, or applicant may claim submitted permit, closure, post-closure, or corrective action information as trade secret pursuant to OAR 340-100-0003. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 192.501 & 466.090 History: DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-105-0013 Contents of Part A of the Permit Application In addition to the requirements of 40 CFR 270.13, Part A of the permit application shall include applicable requirements of division 120 and a statement of compatibility with the acknowledged local comprehensive plan and zoning requirements or the Land Conservation and Development Commission’s Statewide Planning Goals. Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468 Statutes/Other Implemented: ORS 466.020 & 466.115 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-105-0014 Contents of Part B In addition to the information required by 40 CFR 270.14, Part B of the permit application shall include other information pertinent to the facility as may be requested by the Department. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.120 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0020 Specific Part B Information Requirements for Land Treatment Facilities The requirements of 40 CFR 270.20(d) and (e) are applicable to animal feed crops. NOTE: The Department does not allow food-chain crops to be grown in or on the treatment zone of a hazardous waste land treatment unit. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020, 466.115 & 466.120 History: DEQ 8-1985, f. & ef. 7-25-85
340-105-0021 Specific Part B Information Requirements for Landfills In addition to the information required by 40 CFR 270.21 the following additional information shall be submitted in a Part B application. A detailed report with supporting information justifying the need for the landfill as proposed. Statutory/Other Authority: ORS 466.020 Statutes/Other Implemented: ORS 466.020, 466.115 & 466.120 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 8-1985, f. & ef. 7-25-85
340-105-0030 Conditions Applicable to All Permits (1) The phrase “…the appropriate Act…” in the second sentence of 40 CFR 270.30(a) is deleted and replaced with the phrase “…ORS Chapter 466 and OAR 340….” (2)(a) The provisions of 40 CFR 270.30(1)(6)(i) preceding 40 CFR 270.30(1)(6)(i)(A) are deleted and replaced with subsection (2)(b) of this rule; (b) Immediate reporting. The permittee shall immediately report any noncompliance which may endanger health or the environment as soon as he becomes aware of the circumstances, including. (3)(a) The provision of 40 CFR 270.30(1)(9) is deleted and replaced with subsection (3)(b) of this rule; (b) Periodic report. A periodic report must be submitted covering facility activities on an appropriate schedule (see OAR 340-104-0075). Statutory/Other Authority: ORS 183, 459, 466 & 468 Statutes/Other Implemented: ORS 466.020, 466.105 & 466.150 History: DEQ 12-1989, f. & cert. ef. 6-12-89 DEQ 8-1985, f. & ef. 7-25-85
340-105-0040 Permit Transfers (1) The provisions of 40 CFR 270.40 are amended as follows. (2) In the first sentence in 40 CFR 270.40(b), amend “May be made as a Class 1 modification” to “will be made as a Class 3 modification,” delete the phrase “with prior written approval of the Director,” and add after “270.42” the phrase “and the requirements in OAR 340-120-0010(2)(a)(A), (b)(B), (b)(C), (c), (e), (g), (h), and OAR 340-120-0025 for a treatment or disposal facility.” Statutory/Other Authority: ORS 183, 459, 466 & 468 Statutes/Other Implemented: ORS 466.035 History: DEQ 12-1989, f. & cert. ef. 6-12-89 DEQ 8-1985, f. & ef. 7-25-85