reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0021 - Petitions for Equivalent Testing or Analytical Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person seeking to add a testing or
			 analytical method to OAR Chapter 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.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020 &
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0022 - Petitions to Amend Division 101 to Exclude a Waste Produced at a Particular Facility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020, 466.075 &
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0042 - Variance Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 100 - HAZARDOUS WASTE MANAGEMENT › Section 340-100-0043 - Legitimacy Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183.325 - 183.337, 459, 465.009, 466.020  & 468.020
Stats. Implemented: ORS 465.009, 466.075 &
				  466.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0007 - Special Requirements For Hazardous Waste Generated By Conditionally Exempt Small Quantity Generators

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The provision of
			 40 CFR
			 261.5(f)(3)(iv) and (v) and
			  40 CFR 261.5(g)(3)(iv) and (v)  and
			 40 CFR
			 261.5(j) 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 CFR
			 261.5(f)(2) and  40 CFR 261.5(g)(2), 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.
Statutory/Other Authority: ORS
				  466.015,
				  466.180  & 465.505
Statutes/Other Implemented: ORS
				  466.075,
				  466.195  & 465.505
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0030 - Chemical Agent Munitions and Chemical Agent Bulk Items

Current through Register Vol. 63, No. 7, July 1, 2024
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)..
Stat. Auth: ORS 466.005, 466.010 - 466.035, 466.625 &
				  466.630
Stats. Implemented: ORS 466.205 - 466.225, 466.605 - 466.680,
				  468.005 - 468.075 & 468.090 -
				  468.140
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0033 - Additional Hazardous Wastes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) This section applies to residues that
			 have been determined not to be hazardous waste under   40 CFR 261, Subparts C and
			 D.
(b) This section does not apply
			 to residues that have been identified as hazardous waste under 40 CFR 261,
			 Subparts C and D.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0040 - Wastes Requiring Special Management

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0050 - Standards for Materials Being Recycled

Current through Register Vol. 63, No. 7, July 1, 2024
Reserved
Stat. Auth.: ORS 183.337, 465.009, 466.020, 468.020
Stats. Implemented: ORS 466.015, 466.075,
				  466.086
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0010 - Purpose, Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0012

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 183, 459, 466.020,
				  466.075,
				  466.165, 466.195 & 468
Statutes/Other Implemented: ORS
				  466.075
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0018 - Identification Number and Verification

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the provisions of
				40
				C.F.R. 262.18, 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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0034 - Accumulation Time, Container and Tank Management Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0040 - Recordkeeping

Current through Register Vol. 63, No. 7, July 1, 2024
(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
.
Stat. Auth.: ORS 183.325 - 183.337, 459, 465.009, 466.020,
				  465.009, 468.020 & 468
Stats.Implemented: ORS 466.075 &
				  466.090
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0041 - Generator Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of this rule replace the requirements of
			 40 CFR
			 262.41.
(2) A person producing at any time more than
			 one kilogram of acutely hazardous waste, a total of more than 100 kilograms of
			 hazardous waste in a calendar month, or who accumulates on-site at any time a
			 total of more than 1,000 kilograms of hazardous waste, shall submit Quarterly
			 Reports through the period ending December 31, 1991 to the Department.
			 Effective January 1, 1992, and annually thereafter, a report shall be submitted
			 to the Department, on a form provided by the Department, or by other means
			 agreed to by the Department, by persons defined as small quantity hazardous
			 waste generators, large quantity hazardous waste generators, and/or hazardous
			 waste recyclers. The report shall contain information required by the
			 Department covering activities from the preceding calendar year. Reports shall
			 be submitted by March 1, or within 65 days of mailing by the Department,
			 whichever is later. Upon written request and reasonable justification, the
			 Department may grant an extension to the reporting deadline of up to 30 days.
			 The annual report shall contain:
(a)
			 Information required for purposes of notification of hazardous waste activity
			 and/or annual verification of hazardous waste generator status;
(b) Information required for purposes of
			 describing hazardous waste generator and waste management activity, including
			 information pertaining to hazardous waste storage, treatment, disposal, and
			 recycling efforts and practices;
(c) Information required for the assessment
			 of fees; and
(d) Information
			 required for the Department's preparation and completion of the Biennial Report
			 and Capacity Assurance Plan.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0050 - International Shipments

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Environmental Quality, Hazardous Waste Section.
Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS
				  466.075
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0065 - Hazardous Waste Generator Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A person must pay an annual hazardous
			 waste generation fee if that person:
(A)
			 Generates more than 100 kilograms (220 pounds) of hazardous waste in any
			 calendar month, or
(B) Generates
			 more than 1 kilogram (2.2 pounds) of acutely hazardous waste in any calendar
			 month, or
(C) Accumulates more than
			 1,000 kilograms (2,200 pounds) of hazardous waste at any time in a calendar
			 year.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0070 - Farmers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195  & 468
Stats. Implemented: ORS 466.020 &
				  466.075
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0200 - Academic Laboratories

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 192, 459, 465.009, 466.015, 466.020,
				  466.075, 466.090, 466.105,
				  466.165, 466.195, 468, & 646
Stats. Implemented: ORS
				  466.075
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0230 - Episodic Generation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of this rule are in addition to the requirements of
			  40 C.F.R.
			 262  Subpart L.
(2) All episodic generators, including very
			 small quantity generators, are required to notify the Department per
			 40 C.F.R.
			 262.232, obtain a Department or EPA
			 identification number, 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) When notifying
			 the Department, generators must use the form provided by the Department and
			 submit notification 60 days in advance of initiating a planned episodic
			 event.
(4) Planned events require
			 prior written Department approval to qualify as episodic.
(5) 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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0500 - Healthcare Facilities and Reverse Distributors

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 103 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE BY AIR OR WATER › Section 340-103-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 466 & 468
Stats. Implemented: ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 103 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE BY AIR OR WATER › Section 340-103-0011 - Identification Number

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 183,ORS 466&ORS 468
Stats. Implemented:ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 103 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE BY AIR OR WATER › Section 340-103-0030 - Immediate Action

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.:ORS 183,ORS 466&ORS 468
Stats. Implemented:ORS 466.020 &ORS
				  466.635
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 103 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE BY AIR OR WATER › Section 340-103-0031 - Discharge Clean Up

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 466 & 469
Stats. Implemented: ORS 466.020 &
				  466.645
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0001 - Purpose, Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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. Sec. 264.11 (identification number);
(B)
										40 C.F.R. Sec. 264.16  (personnel
			 training);
(C)
										40 C.F.R. Sec. 264.71  (manifest system);
(D)
										40 C.F.R. Sec. 264.72 (manifest discrepancies);
(E)
										40 C.F.R. Sec. 264.73(a), (B)(1) and (B)(2)  (operating record);
(F)
										40 C.F.R. Sec. 264.75  (periodic report); and
(G)
										40 C.F.R. Sec. 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0003 - Relationship to Interim Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.020 &ORS
				  466.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0004 - Imminent Hazard Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of section (2) of this rule replace the provisions of
40 CFR 264.4
.
(2) Notwithstanding
			 any other provisions of these regu-lations, enforcement actions may be brought
			 pursuant toORS 466.185 to 466.210.
Stat. Auth.:ORS 183,ORS 459,ORS 466.020,ORS 466.075,ORS
				  466.105,ORS 466.195 &ORS 468
Stats. Implemented:ORS 466.185 -ORS
				  466.210
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0011 - Identification Number

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.020 &ORS
				  466.115
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0012 - Required Notices

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 264.12(c)
regarding
				transfers of ownership are hereby deleted.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.015 &ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0021 - General Inspection Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.195 &
				  466.150
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0029 - Unsaturated Zone Monitoring Program

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.195 &ORS
				  466.150
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0056 - Emergency Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0074 - Availability of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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 byORS 466.185.
Stat. Auth.:ORS 183,ORS 459,ORS 466.020,ORS 466.075,ORS
				  466.105,ORS 466.195 &ORS 468
Stats. Implemented:ORS 466.150 &ORS
				  466.195
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0075 - Periodic Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of this rule replace the requirements of
40 CFR 264.75
and
40 CFR 265.75
.
(2) Through December 31, 1991, the owner or
			 operator of a hazardous waste management facility or recycling facility must
			 prepare and submit an operating report to the Department on a 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 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) The most recent closure cost estimate
			 under
40 CFR 264.142
, or
40 CFR 265.142
, as
			 appropriate, and, for disposal facilities, the most recent post-closure cost
			 estimate under
40 CFR 264.144
or
40 CFR 265.144
, as
			 appropriate;
(g) A certification
			 signed by the owner or operator of the facility or his authorized
			 representative as required by
40 CFR 270.11(b)
;
(h) 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
(i) Monitoring data under
40 CFR 265.94(a)(2)(ii)
and
(iii)
, and
(b)(2)
, where
			 required.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0143 - Financial Assurance for Facility Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 inORS 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)
.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0145 - Financial Assurance for Post-Closure Care

Current through Register Vol. 63, No. 7, July 1, 2024
(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. Sec. 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. Sec. 264.145(a) through (h).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0147 - Liability Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 replace with the phrase
". . . in Oregon"
.
Stat. Auth.:ORS 183,ORS 459,ORS 466&ORS 468
Stats. Implemented:ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0149 - Use of State-Required Mechanisms

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of  40 CFR 264.149  are deleted.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0150 - State Assumption of Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 264.150
are
				deleted.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.015 &ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0151 - Wording of the Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
(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".
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0220 - Applicability to Surface Impoundments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS
				  466.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0228 - Closure and Post-Closure Care of Surface Impoundments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0258 - Closure and Post-Closure Care for Waste Piles

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.150 &ORS
				  466.215
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0276 - Food-Chain Crops

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.015 &ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0339 - Procedure For Prohibiting the Land Disposal of Any Hazardous Waste

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.025 &ORS
				  466.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0340 - Applicability to Incinerators

Current through Register Vol. 63, No. 7, July 1, 2024
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
.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020 &
				  466.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-0343 - Performance Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 264.343(d)
are
				deleted.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.020 &ORS
				  466.150
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 104 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT STORAGE AND DISPOSAL FACILITIES › Section 340-104-1201 - Design and Operating Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.