justicedao/ipfs_state_laws huggingface dataset:
340-110-0070 Incineration (1) The Commission shall not issue a permit for any facility designed to dispose of PCB by incineration unless: (a) The facility is also equipped to incinerate hazardous waste; and (b) The applicant has received all federal and state permits required to operate a hazardous waste incinerator. (2) An incinerator that disposes of PCB or PCB items must incinerate more hazardous waste than PCB. Any permit issued by the Commission for the incineration of PCB or PCB items shall contain a condition requiring the incineration of at least this level of hazardous waste. (3) An incinerator used for the incineration of PCB or PCB items shall be permitted by the Department pursuant to divisions 106 and 120. NOTE: The owner or operator of an incinerator may also have to obtain an Air Contaminant Discharge Permit from the Department and such permit may establish standards and requirements more stringent than those of 40 CFR 761.70 or this Division. (4) Section (5) of this rule is added to the provisions of 40 CFR 761.70(d)(1). (5) Information which shows that Subparts B, C, D, F, G and H of 40 CFR 264 will be met when applied to the incineration of PCB and PCB items. (6) The provisions of 40 CFR 761.70(d)(8) are replaced by section (7) of this rule. (7) Transfer of Property. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with OAR 340-105-0010(2)(d)(B)(iv). Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.300 & 466.320 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0075 Landfilling (1) Section (2) of this rule is added to the provisions of 40 CFR 761.75(c)(1). (2) Information which shows that Subparts B, C, D, F, G, H and N of 40 CFR 264 will be met when applied to PCB landfills. (3) The provisions of 40 CFR 761.75(c)(7) are replaced by section (4) of this rule. (4) Transfer of property. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with OAR 340-105-0010(2)(d)(B)(iv). Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.255 & 466.265 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0077 Permits (1) The procedures and requirements of divisions 105 and 120 shall be followed by an applicant for a PCB disposal facility permit. (2) The procedures of divisions 106 and 120 will be followed when issuing permits required by this Division. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.275 & 466.295 History: DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-110-0080 Records and Monitoring The provisions of 40 CFR 761.185 through 761.193 are deleted. Statutory/Other Authority: ORS 466.020, 466.075 & 468.020 Statutes/Other Implemented: ORS 466.105 & 466.195 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 12-1986, f. & ef. 5-20-86 DEQ 7-1984, f. & ef. 4-26-84
340-111-0000 Purpose and Scope (1) The purpose of this Division is to provide used oil management standards for generators, transporters, transfer facilities, processors and re-refiners, burners and marketers of used oil. (2) Persons must consult 40 CFR, Part 279 and associated Federal Register preambles in addition to division 111 of these rules to determine all applicable used oil management requirements. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590 History: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0010 Applicability (1) In addition to provisions under 40 C.F.R. § 279.10, the following provisions under sections (2) through (5) of this rule shall apply. (2) Mixtures and residues of used oil and other wastes: (a) Used oil or materials containing used oil destined for disposal are subject to hazardous waste determination as require by OAR 340-102-0011; (b) No person may mix hazardous or non-hazardous substances or waste with used oil to render the substances or wastes non-hazardous except as provided in 40 C.F.R. § 279.10(b)(2)(iii) and (b)(3). Wastes that will reduce the recyclability of used oil shall not purposely be mixed with used oil; (c) Wastes containing oils that do not meet the definition of used oil as defined in OAR 340-111-0020 may be subject to 40 C.F.R. Part 279 provided the waste would not be a hazardous waste if disposed and it contains sufficient oil to allow it to be managed in a manner similar to used oil provided state air quality and solid waste regulations are satisfied. (3) Burning for Energy Recovery: (a) Any person who burns used oil for energy recovery must comply with applicable air emission requirements of the state or local air pollution authority. (b) A person may only burn a mixture of used oil and non-hazardous solid waste as a fuel for energy recovery if the mixture has a minimum energy value of 5,000 Btus per pound. (c) A person may burn a mixture of used oil and non-hazardous waste with energy values of less than 5,000 Btus per pound for treatment or incineration if the mixture is not a hazardous waste under OAR 340-102-0011 and if the person satisfies Oregon solid waste and air quality regulations. (d) Residues that burning used oil for energy recovery produce are subject to the hazardous waste regulations in OAR Chapter 340, Divisions 100 to 110, 120 and 40 C.F.R. Parts 260 to 268, 270 and 124 if the materials are listed or identified as hazardous waste. (4) A person may manage oil removed from a non-halogenated parts cleaning media as used oil if the person: (a) Cleans parts primarily to remove an oil that would meet the definition of a used oil as defined in OAR 340-111-0020; and (b) Does not mix listed or characteristic hazardous waste with the parts cleaning media. (5) Any person may petition the Department in writing following the procedures in OAR chapter 183; OAR chapter 137, division 2; and OAR chapter 340, division 11, for a declaratory ruling whether a material is a used oil under OAR 340-111-0020. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590 & 466.075 History: DEQ 92-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 33-1990, f. & cert. ef. 8-15-90
340-111-0020 Definitions (1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 279.1, OAR 340-100-0010 and 340-142-0005. (2) When used in Division 111 of this Chapter, the following terms have the meanings given below: (a) “Hot Draining” means draining of used oil filters at or near the engine operating temperature and above room temperature (i.e., 60° F.); (b) “Terne Plating” means a coating of lead and tin applied to certain oil filters; (c) “Used Oil” means any oil that has been refined from crude oil, or any synthetic oil that has been used as a lubricant, coolant (non-contact heat transfer fluids), hydraulic fluid or for similar uses and as a result of such use is contaminated by physical or chemical impurities. Used oil includes, but is not limited to, used motor oil, gear oil, greases, machine cutting and coolant oils, hydraulic fluids, brake fluids, electrical insulation oils, heat transfer oils and refrigeration oils. Used oil does not include used oil mixed with hazardous waste except as allowed in 40 CFR 279.10(b), oil (crude or synthetic) based products used as solvents, antifreeze, wastewaters from which the oil has been recovered, and oil contaminated media or debris; (d) “Used Oil Mixture” means any mixture of used oil as generated and another waste. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 466.020 & 466.075 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 33-1990, f. & cert. ef. 8-15-90
340-111-0030 Prohibitions In addition to the provisions in 40 CFR 279.12, the following provisions shall apply: (1) The use of used oil as a pesticide is prohibited. (2) Disposal at a solid waste disposal facility of liquid used oil or used oil purposely mixed with other materials for the purpose of disposal but not including cleanup materials from incidental or accidental spills where the used oil spilled cannot be feasibly recovered as liquid oil is prohibited. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590, 459A.595 & 466.020 History: DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 33-1990, f. & cert. ef. 8-15-90
340-111-0032 Used Oil Storage In addition to the provisions in 40 CFR 279.22, used oil generators shall comply with sections (1) and (2) of this rule: (1) Used oil shall be stored following applicable state and local Fire Marshal regulations. (2) Containers and tanks used to store used oil shall be closed, covered or located under cover to prevent rainwater from coming in contact with the used oil. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590, 466.020 & 466.075 History: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0035 On-Site Burning in Space Heaters In addition to the provisions in 40 CFR 279.23, used oil generators shall comply with the following: The on-site space heater is operated according to manufacturers specifications. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590 History: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0037 Off-Site Shipments The provisions in 40 CFR 279.24(a)(1) and (b)(1) are replaced with the following: The generator transports the used oil in a vehicle owned or leased by the generator or owned by an employee of the generator. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590 & 466.020 History: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0040 Notification The provisions in 40 CFR 279.42(b), 40 CFR 279.51(b), 40 CFR 279.62(b) and 40 CFR 279.73 are replaced with the following: A used oil transporter, transfer facility, processor/re-refiner, off-specification used oil burner or used oil fuel marketer, who has not received an EPA/DEQ identification number shall obtain one by notifying the agency of their used oil activity by submitting a completed “Notification of Used Oil Activity” Form to the Department. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590, 466.020 & 466.075 History: DEQ 6-1994, f. & cert. ef. 3-22-94 DEQ 33-1990, f. & cert. ef. 8-15-90
340-111-0050 Used Oil Discharges and Releases In addition to the provisions in 40 CFR 279.43(c), 40 CFR 279.45(h), 40 CFR 279.54(g) and 40 CFR 279.64(g), the provisions of OAR 340, division 142 are applicable. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 466.635 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0060 Reporting The provision in 40 CFR 279.57(b) is replaced by the following: A used oil processor must report to the Department of Environmental Quality by March 1 of each year, on forms provided by the Department, the following information concerning used oil activities during the previous calendar year: (1) The EPA/DEQ identification number, name, and address of the processor/re-refiner; (2) The calendar year covered by the report; and (3) The quantities of used oil accepted for processing/re-refining and the manner in which the used oil is processed/re-refined, including the specific processes employed. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.590 & 466.020 History: DEQ 6-1994, f. & cert. ef. 3-22-94
340-111-0070 Disposal (1) In addition to provisions under 40 C.F.R. § 279.81(b), used oils that are not hazardous wastes and cannot be recycled under 40 C.F.R. Part 279 must be managed according to Oregon solid waste regulations in OAR chapter 340, divisions 93–97. (2) In addition to provisions under 40 C.F.R. § 279.81, unless permitted under ORS 468B.050, no person shall dispose of used oil by discharge into sewers, drainage systems, or waters of the state as defined by 468.005(8). Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 Statutes/Other Implemented: ORS 459A.580 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 6-1994, f. & cert. ef. 3-22-94
340-113-0000 Purpose and Scope (1) The purpose of the Division is to establish universal waste management standards for handlers, transporters and destination facilities of universal wastes. (2) Persons must consult 40 CFR Part 273, which is incorporated by reference in OAR 340-100-0002, and associated Federal Register preambles, in addition to division 113 of these rules to determine all applicable universal waste management requirements. Statutory/Other Authority: ORS 4465.009 & 466.020 Statutes/Other Implemented: ORS 465.003, 465.009, 466.075 & 466.105 History: DEQ 10-2000, f. & cert. ef. 7-21-00 DEQ 12-1996, f. & cert. ef. 7-31-96
340-113-0010 Applicability In addition to provisions under 40 CFR 273.1, the following wastes are subject to universal waste management standards but are not “Universal Wastes” as defined in OAR 340-113-0020(4): Waste pesticides as defined in OAR 340-109-0010(2)(a), and pesticide residues as defined in OAR 340-100-0010, that are collected and managed as part of any pesticide collection program that has notified the Department. Statutory/Other Authority: ORS 183.325 - 183.335, 465.009, 466.020 & 468.020 Statutes/Other Implemented: ORS 466.015, 466.020 & 466.075 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 10-2000, f. & cert. ef. 7-21-00 DEQ 12-1996, f. & cert. ef. 7-31-96
340-113-0020 Definitions The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 273.9, 40 CFR 260.10, and OAR 340-100-0010. When used in Divisions 109 and 113 of this chapter, the following terms have the meanings below: (1) “Destination Facility” means a facility that treats, disposes of, or recycles universal waste. Facilities treating universal waste as allowed under 40 CFR 273.13 and 273.33 are not considered to be destination facilities for purposes of this rule. A facility at which universal waste is only accumulated, is not a destination facility for purposes of managing universal waste. (2) “Off-site Collection Site” means a site that receives and accumulates universal waste from off-site. (3) “Pesticide Collection Program” means a pesticide collection program that has notified the Department of activity as required in OAR 340-113-0070 and has received acknowledgment from the Department of Environmental Quality that such notification information is complete. (4) “Universal Waste” means any waste that is a universal waste listed in 40 CFR 273.1 and subject to the universal waste requirements of 40 CFR Part 273 and OAR 340 division 113. 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 12-1996, f. & cert. ef. 7-31-96
340-113-0030 Standards for Small and Large Quantity Handlers of Universal Waste (1) The standards in this rule apply to small quantity handlers of universal waste as defined in 40 CFR 273.9. The standards in this rule modify or are in addition to provisions in 40 CFR Part 273 Subpart B. (2) The standards in this rule apply to large quantity handlers of universal waste as defined in 40 CFR 273.9. The standards in this rule modify or are in addition to provisions in 40 CFR Part 273, Subpart C. (3) Treatment Prohibition: (a) In addition to the provisions in 40 CFR 273.11 and 40 CFR 273.31, handlers of universal waste shall not treat universal waste, except as allowed the applicable portions of in 40 CFR 273.13, 40 CFR 273.33. Statutory/Other Authority: ORS 4465.009 & 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 12-1996, f. & cert. ef. 7-31-96
340-113-0050 Standards for Destination Facilities (1) Applicability. In addition to the provisions in 40 CFR 273.60, for purposes of this rule, a destination facility can include: (a) A permitted hazardous waste facility or a hazardous waste recycling facility; or (b) A facility that has obtained a solid waste management permit for the sole purpose of reclaiming universal waste lamps. (2) Reporting. All destination facilities that receive universal waste from off-site shall report to the Department by March 1 of each year, on forms provided by the Department. The following information shall be submitted for the previous calendar year: (a) The DEQ identification number, name and address of the universal waste destination facility; (b) Total amount of each type of universal waste received; (c) The manner in which each type of universal waste was managed at the destination facility; and, (d) Locations of universal waste handlers and destination facilities waste was shipped to. Statutory/Other Authority: ORS 4465.009 & 466.020 Statutes/Other Implemented: ORS 465.003, 465.009, 466.075 & 466.105 History: DEQ 10-2000, f. & cert. ef. 7-21-00 DEQ 12-1996, f. & cert. ef. 7-31-96
340-113-0060 Petitions to Include Other Wastes Under OAR 340-113 (1) When reviewing a petition to include additional hazardous wastes as universal wastes the Department will consider the factors listed in 40 CFR 273.81. (2)(a) In addition to adding new wastes in the universal waste rule, the petition process may be used to remove wastes from the rule. (b) Factors to be considered by the Department when reviewing a petition to remove a waste from the universal waste rule include but not be limited to the following: (A) The collection and proper management of the waste has not been enhanced by being classified as a universal waste; (B) Environmental or public health impact from the management of the waste as a universal waste is greater than management as a hazardous waste; and (C) The waste is no longer a hazardous waste. Statutory/Other Authority: ORS 183.325 - 183.335, 465.009, 466.020, 466.025 & 468.020 Statutes/Other Implemented: ORS 466.015 & 466.075 History: DEQ 12-1996, f. & cert. ef. 7-31-96
340-113-0070 Pesticide Collection Programs (1) In addition to this section, pesticide collection programs accumulating more than 1,000 kilograms of pesticide waste at any time must also comply with the applicable requirements of OAR 340-113-0040 (standards for off-site collection sites). (2) Pesticide collection programs may be operated by federal, state or local municipal entities as well as persons in private industry. (3) Prior to initial collection of any unused pesticides or pesticide residues, the collection program sponsors must submit, in writing, to the Department, a summary of how the collection program will be operated. Information, at a minimum, shall include: (a) Name of the person(s) who will be responsible for the operation of the pesticide collection program; (b) Location(s) of collection site(s); (c) A description of how the pesticide collection program will operate to comply with the applicable universal waste rule requirements; (d) Type(s) of pesticides to be collected; (e) Schedule of collection activity (i.e., annually, quarterly, as needed, etc.); (f) Names and locations of all off-site handlers or destination facilities which will receive the waste pesticides collected by the program; (g) Measures to be taken to insure safety of the public and employees or volunteers working for the pesticide collection program; (h) Measures to be taken to prevent spills or releases of materials collected and a plan to respond to a spill or release if one occurs; (i) A description of how difficult-to-manage waste pesticides will be managed (i.e., dioxin-containing pesticides (federal waste codes F020-F023 and F026-F028), mercury-containing pesticides or unknown waste pesticides); (j) Any additional information that is needed to assure that adequate provisions have been taken to protect the public health, safety and the environment; and, (k) A signed certification statement from the person responsible for the operation of the collection program that it will be operated in compliance with the universal waste rule and in the manner described in the operating information provided in the submitted notification. (4) Before accepting waste from off-site, pesticide collection programs shall receive acknowledgment from the Department indicating that a complete application has been received. (5) Pesticide collection programs, in addition to submitting the information required in section 3, shall comply with all applicable universal waste handler requirements. Statutory/Other Authority: ORS 183.325 - 183.335, 466.020, 466.030 & 468.020 Statutes/Other Implemented: ORS 466.015, 466.030, 466.075, 466.180 & 466.195 History: DEQ 12-1996, f. & cert. ef. 7-31-96
340-120-0020 Community Participation (1) The Commission finds that local community participation is important in the siting and in reviewing the design, construction and operation of hazardous waste and PCB treatment and disposal facilities. (2) To encourage local participation in the siting of a proposed facility described in OAR 340-120-0001(2), the Director shall appoint and utilize a committee comprised at least partly of residents living near to, or along transportation routes to, the facility site. The committee shall be appointed as soon as feasible after the Department receives an Authorization to Proceed request. At least one half of the appointments shall be from a list of nominees submitted by the local government with land-use jurisdiction. The Director shall appoint the chairperson of the committee. (3) The Director may appoint a committee to review a proposed facility described in OAR 340-120-0001(4). (4) The Director may continue a committee authorized in sections (2) and (3) of this rule or appoint a new committee to review the operation of a facility once it is located and constructed. COMMENT: The committee shall provide a forum for citizen comments, questions and concerns about the site and facility and promote a dialogue between the community of the proposed facility and the company interested in siting the facility. The committee shall prepare a written report summarizing local citizen concerns and the manner in which the company is addressing these concerns. The report shall be considered by the Department and Commission and local government during the consideration of the proposed facility. (5) The Department recommends that the local government and applicant consider negotiating an agreement appropriate for the proposed facility’s potential local impact. The agreement might consider these and other issues: (a) Training and equipping local fire, police and health department personnel to respond to accidents, spills and other emergencies; (b) Special monitoring both on and off-site for worker and community health status; (c) Road improvements and maintenance to assure safe transportation of waste to the site; (d) Possible changes in property values near the site due to the proposed facility; (e) A plan to resolve conflicts or disagreements that might develop between the facility operator and the community. (6) When issuing a treatment or disposal permit pursuant to divisions 105, 106 and 110 of this Chapter, the Department, or as applicable, the Commission, may impose requirements addressing the issues described in section (5) of this rule or other similar issues to protect the public health and safety and the environment. Statutory/Other Authority: ORS 466 & 468 Statutes/Other Implemented: ORS 466.015, 466.050 & 468.020 History: DEQ 95-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 12-1986, f. & ef. 5-20-86