reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0001 - Purpose, Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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. Sec. 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. Sec. 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. Sec. 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. Sec. 264.96(c).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0003 - Considerations Under Federal Law

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 465.009 & 466.020
Stats. Implemented: ORS 465.003, 465.009, 466.075 &
				  466.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0005 - State Program Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of  40 CFR 270.5  are deleted.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0012 - Confidentiality of Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075,
				  466.090, 468.020 & 646
Stats. Implemented: ORS 192.501 &
				  466.090
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0013 - Contents of Part A of the Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195  & 468
Stats. Implemented: ORS 466.020 &
				  466.115
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0014 - Contents of Part B

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 459 & ORS 468
Stats. Implemented: ORS 466.020 &
				  466.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0020 - Specific Part B Information Requirements for Land Treatment Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020, 466.115 &
				  466.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0021 - Specific Part B Information Requirements for Landfills

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 466.020
Stats. Implemented: ORS 466.020, 466.115 &
				  466.120
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0030 - Conditions Applicable to All Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter
			 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0040 - Permit Transfers

Current through Register Vol. 63, No. 7, July 1, 2024
(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."
Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS
				  466.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0041 - Modification or Revocation and Reissuance of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The phrase
"or except when Division
			 120 applies"
is added to the end of and made part of the provision
			 in
40 CFR 270.41(c)
.
(2) The duties of
			 the
"Director"
as described in
40 CFR 270.42
shall be
			 assumed by the Director or the Director's designee of the Department of
			 Environmental Quality unless the Commission must make the decision in
			 accordance with ORS 466.025 or 466.055.
(3) The provisions of
40 CFR 270.42(h)
are deleted and replaced with section (4) of this
			 rule.
(4) The United States Army
			 Umatilla Chemical Depot facility (OR6 213 820 917) shall not accept for
			 incineration any materials from off-site, including military munitions,
			 chemical agents or agent-contaminated materials. No materials may be
			 incinerated at the facility other than those materials inventoried (stockpiled)
			 as of February 12, 1997.
Stat. Auth.: ORS 183, 459, 466.020(1), 466.020(2), 466.020(7)
				  & 468
Stats. Implemented: ORS 466.025 &
				  466.035
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0051 - Continuation of Expiring Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The provisions of
40 CFR 270.51
are deleted and replaced with
			 sections (2) and (3) of this rule.
(2) The conditions of an expired permit
			 continue in force until the effective date of a new permit if:
(a) The permittee has submitted a timely
			 application under
40 CFR 270.14
and the applicable sections
			 in
40 CFR 270.15
to
270.29
and such application is a
			 complete (under
40 CFR 270.10(c)
) application for a new permit;
			 and
(b) The Department through no
			 fault of the permittee, does not issue a new permit with an effective date
			 under
40 CFR 124.15
on or before the expiration date of the previous
			 permit (for example, when issuance is impractical due to time or resource
			 constraints).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0061 - Emergency Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of
40 CFR 270.61(b)(4)
are deleted and replaced with
			 section (2) of this rule.
(2) May
			 be suspended or renewal refused by the Department at any time without prior
			 hearing if it finds a serious danger to the public health, safety or the
			 environment and sets forth specific reasons for such findings.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS
				  466.095
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0110 - Facility Permit Charges and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who is required to have a
			 permit (including new applicants, applicants with permit applications on file
			 as of the effective date of this rule, and permittees with expiring permits)
			 for a Hazardous Waste Management Facility, or PCB treatment or PCB storage
			 facility pursuant to
40 CFR Parts 264, 265, 270
and OAR Chapter 340,
			 shall be subject to charges to cover the Department Costs of processing the
			 permit. These charges are in addition to any Management Facility Annual
			 Compliance Determination Fee required by OAR
			 340-105-0113, any
			 Corrective Action Cost Recovery charges required by OAR
			 340-105-0125,
			 any Permit Modification Fees required by OAR
			 340-105-0113, and
			 any other fees applicable to the facility. The charges to cover the permit
			 processing costs shall be the reasonable Department Costs, subject to the
			 limitation in section (10) of this rule, including, but not limited to, the
			 Department Costs of providing information and permit assistance to the
			 applicant or permittee; regulatory and legal review; permit investigation and
			 evaluation; processing and issuance or denial; and public involvement pursuant
			 to
40 CFR Part 270
and OAR Chapter 340. The terms permittee and
			 applicant shall be used to refer to those persons subject to the fees described
			 in section (1).
(2) As used in OAR
			 Chapter 340, Division 105, the following definitions shall apply:
(a) Hazardous Waste Management Facility
			 includes:
(A) Hazardous Waste
			 Storage;
(B) Hazardous Waste
			 Treatment;
(C) Hazardous Waste
			 Disposal; and
(D) Post-Closure
			 Care.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0113 - Fee Schedules

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Management Facility Annual Compliance Determination Fee:
(a) Each permitted or interim status
			 Hazardous Waste Management Facility subject to  40 C.F.R. Sections 264, 265, 270
			  and OAR 340, with an active operating hazardous waste management unit(s), a
			 hazardous waste management unit(s) undergoing closure (including any required
			 closure certification), or a hazardous waste management unit(s) in
			 post-closure, must pay the Annual Compliance Determination Fee(s) set forth in
			 section (3).
(b) In calculating the
			 Annual Compliance Determination Fee, the Department shall not include an
			 inactive unit, or units, in post-closure, with a release or releases subject to
			 corrective action.
(c) Where a
			 facility has unit(s) that become subject to corrective action cost recovery,
			 the Department shall prorate the Annual Compliance Determination Fee for that
			 year based on the period before corrective action cost recovery is
			 implemented.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0115 - Interim Status

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 270.70
to
270.73
, pertaining to interim status, are not
				included in the State's hazardous waste management program.
NOTE:
State requirements applicable to existing
				hazardous waste management facilities are identified in rule
				340-105-0010 and include provisions analogous to those of
40 CFR 270.71
and
270.72
.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS
				  466.030
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0120 - Hazardous Waste Management Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every person
			 who operates a facility for the purpose of disposing of hazardous waste or
			 polychlorinated biphenyl (PCB) that is subject to interim status or a permit
			 issued under ORS Chapter 466 shall pay a monthly hazardous waste management fee
			 by the 45th day after the last day of each month in the amount authorized by
			 ORS 465.375. For purposes of
			 calculating the fee required by this section, the facility operator does not
			 need to include hazardous waste resulting from on-site treatment processes used
			 to render a waste less hazardous or reduced in volume prior to land
			 disposal.
(2) The term "hazardous
			 waste" means any hazardous waste as defined by rules adopted by the
			 Environmental Quality Commission and includes any hazardous waste as defined in
			 OAR 340, division 100 or 101 or  40 CFR Part 261  handled under the authority of
			 interim status or a management facility permit.
(3) The term "PCB" shall have the meaning
			 given to it in OAR 340, division 110.
(4) The term "ton" means 2,000 pounds and
			 means the weight of waste in tons as determined at the time of receipt at a
			 hazardous waste or PCB management facility. The term "ton" shall include the
			 weight of any containers treated or disposed of along with the wastes being
			 held by the container.
(5) In the
			 case of a fraction of a ton, the fee imposed by section (1) of this rule shall
			 be the same fraction multiplied by the amount of such fee imposed on a whole
			 ton.
(6) Every person subject to
			 the fee requirement of section (1) of this rule shall record actual weight for
			 all waste received for treatment by incinerator or disposal by landfilling in
			 tons at the time of receipt. The scale shall be licensed in accordance with ORS
			 Chapter 618 by the Weights and Measures Division of the Department of
			 Agriculture.
(7) Accompanying each
			 monthly payment shall be a detailed record identifying the basis for
			 calculating the fee.
(8) All fees
			 shall be made payable to the Department of Environmental Quality. All fees
			 received by the Department of Environmental Quality shall be paid into the
			 State Treasury.
Statutory/Other Authority: ORS
				  465.400(1),
				  465.405,
				  466.020,
				  466.075,
				  466.165,
				  466.195 & 468.020
Statutes/Other Implemented: ORS
				  466.165
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0125 - Corrective Action Cost Recovery

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each permittee required by the Department to perform corrective action
			 elements, including but not limited to: obtaining a permit pursuant to
			 hazardous waste requirements; permit changes, revisions, substitutions,
			 equivalency demonstrations or modifications, including agency-initiated
			 modifications for corrective action elements; receiving regulatory oversight;
			 or post-closure corrective action for a release, shall be subject to charges to
			 cover Department Costs. Department Costs shall commence when the Department has
			 notified the permittee or applicant that investigation of a release or threat
			 of release is necessary and of the Department's intent to recover costs. The
			 charges to cover corrective action costs shall be the reasonable Department
			 Costs, which are attributable to or associated with corrective action at a
			 facility, including but not limited to the costs of administration,
			 investigation, legal or enforcement activities, contracts and health
			 studies.
(2) Prior to beginning to
			 assess charges, the Department shall provide to any permittee or applicant a
			 good faith estimate of Department Costs and time frame to complete the
			 corrective action process, based on the information available.
(3) During any period in which the Department
			 incurs costs associated with the facility's corrective action, the Department
			 will provide a monthly bill itemizing the Department Costs to date.
(4) Upon a determination that the Department
			 Costs are projected to exceed the original good faith cost estimate, as
			 provided in section (2) of this rule, by 20% or by $20,000, whichever is less,
			 the Department will notify the permittee or permit applicant. Unless waived by
			 the party, the Department will provide a revised estimate and a written
			 explanation of the deviation. Department Costs associated with providing a
			 revised estimate or an explanation of a deviation from the original estimate
			 will be charged to the permittee or applicant.
(5) If, upon completion of corrective action
			 activities, the Department has not received payment for costs incurred as
			 described in section (1) of this rule, the permittee or applicant shall pay the
			 remaining balance.
Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 &
				  468.020
Stats. Implemented: ORS
				  466.045
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0130 - Facility Fee Late Charges and Collections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all fees and charges set forth in
			 Chapter 340, Division 105, a late charge equal to ten percent of the fee due
			 shall be assessed if the fees are not received by the Department on the due
			 date shown on the invoice. An additional late charge of ten percent of the
			 unpaid amount shall also be assessed each 30 days that the invoice remains
			 unpaid. After 90 days no further Department late charges shall be assessed;
			 however, such invoices may be referred to the Department of Revenue for
			 collection or collected in Small Claims Court. Accounts referred to the
			 Department of Revenue for collection or collected in Small Claims Court shall
			 be increased by 20 percent of the unpaid amount or $100, whichever is greater,
			 to recover a portion of the costs for referral or collection.
(2) In the event of a specific question or
			 concern regarding charges or fees covered by Chapter 340, Division 105, the
			 Department will upon request, review and respond to information provided by the
			 permittee or permit applicant and meet with the person(s) to discuss the
			 charges or fees.
(3) For
			 applications on file with the Department at the time this rule becomes
			 effective, the Department will determine on a prorata basis the actual costs
			 remaining to complete processing of the permit application.
Stat. Auth.: ORS 466.020, 466.075, 466.165, 466.195 &
				  468.020
Stats. Implemented: ORS 466.045 &
				  466.165
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 105 - MANAGEMENT FACILITY PERMITS › Section 340-105-0140 - General Inspection Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of  40 C.F.R. Sec. 265.15(b)(4) and (5)  that reference Performance Track are deleted.
(2) The provisions of  40 C.F.R. Sec. 265.174 that reference Performance Track are deleted.
(3) The provisions of  40 C.F.R. Sec. 265.195(d)  that reference Performance Track are deleted.
(4) The provisions of  40 C.F.R. Sec. 265.201(e)  that reference Performance Track are deleted.
(5) The requirements of  40 C.F.R. Sec.
			 270.42th at reference Performance Track are deleted.
Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS 466.020, 466.105 &
				  466.150
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0001 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division establishes the procedures for issuing, modifying, revoking and
			 reissuing, or terminating, all hazardous waste permits other than hazardous
			 waste emergency permits and hazardous waste permits by rule.
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 issued by the Environmental
				Quality Commission while hazardous waste storage and treatment facility permits
				are issued by the Department.
(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.
NOTE
:   40 C.F.R. Part 124   includes requirements
				applicable to several programs, including UIC, NPDES, 404, etc. Only the
				provisions of 40 C.F.R. Part 124 Subparts A and B which are applicable to
				hazardous waste or "RCRA" permits are incorporated by reference in OAR
				340-100-0002,
				as modified by Division 106.
Stat. Auth.: ORS 4465.009 & 466.020
Stats. Implemented: ORS 465.003, 465.009, 466.075 &
				  466.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0002 - Requirements Not Applicable

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 124.1
,
124.4
,
124.9
,
124.10(e)
,
124.13
,
124.14(c)
,
124.15(b)
,
124.16
,
124.17(b)
,
124.18
,
124.19
,
124.20
and
124.21
are
				deleted and not part of Division 106.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0003 - Recommendations by State Agencies on Waste Disposal Facility Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 the requirements of
40 CFR 124.3
applicable to RCRA permits, the
			 provisions of section (2) of this rule shall be followed.
(2) The Commission shall cause copies of
			 disposal site applications to be sent to affected state agencies, including the
			 Health Division, the Public Utility Commissioner, the State Fish and Wildlife
			 Commission and the Water Resources Director. Each agency shall respond by
			 making a recommendation as to whether the permit should be granted. If the
			 Health Division recommends against granting the permit, the permit must be
			 denied. Recommendation from other agencies shall be considered as evidence in
			 determining whether to issue the permit.
Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS
				  466.135
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0004 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
The requirements of
				40 C.F.R. §
									124.3 are amended as specified by sections
				(1), (2), and (3) of this rule:
(1)
			 Each application from either an existing or new hazardous waste management
			 facility for a permit will be reviewed for completeness by the Department
			 within 60 days of its receipt.
(2)
			 If an applicant fails or refuses to correct deficiencies in the application,
			 the permit may be denied and appropriate enforcement actions may be
			 taken.
(3)
(a) Upon request from a permit applicant, and
			 following receipt of a complete Part B permit application, the Department shall
			 prepare and mail to the applicant a project decision schedule;
(b) The schedule will specify target dates by
			 which the Department intends to:
(A) Prepare
			 a draft permit;
(B) Issue public
			 notice;
(C) Complete the public
			 comment period; and
(D) Issue a
			 final permit.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0005 - Modification, Revocation and Reissuance, or Termination of Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions
			 of
40 CFR 124.5(b)
are deleted and replaced with subsections (1)(a),
			 (b), and (c) of this rule:
(a) If the
			 permitting body decides the request is not justified, it shall send the
			 requester a brief written response giving a reason for the decision. Denials of
			 requests for modification, revocation and reissuance, or termination are not
			 subject to public notice, comment or hearings;
(b) Denials by the Department may be appealed
			 to the Commission by a letter briefly setting forth the relevant facts. The
			 Commission may direct the Department to begin modification, revocation and
			 reissuance, or termination proceedings under
40 CFR 124.5(c)
. The
			 appeal shall be considered denied if the Commission takes no action on the
			 letter within 60 days after receiving it. This appeal is a prerequisite to
			 seeking judicial review of Department action in denying a request for
			 modi-fication, revocation and reissuance, or termination;
(c) Denials by the Commission are subject to
			 judicial review under ORS 183.480.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0006 - Draft Permits

Current through Register Vol. 63, No. 7, July 1, 2024
The requirements of
40 CFR 124.6(e)
are modified by
				deleting the sentence "For RCRA, UIC or PSD permits, ... under
				124.74."
Stat. Auth.: ORS 183, ORS 459 & ORS 468
Stats. Implemented: ORS
				  466.140
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 106 - PERMITTING PROCEDURES › Section 340-106-0012 - Public Hearings on Disposal Facility Draft Permits

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the provisions of
40 CFR 124.12
, the
				requirements of sections (1) and (2) of this rule are applicable to hazardous
				waste disposal facilities:
(1) The Commission
				shall conduct a public hearing in the county or counties where a proposed
				hazardous waste disposal site is located and may conduct hearings at such other
				places as the Department considers suitable. At the hearing, the applicant may
				present the application and the public may appear or be represented in support
				of or in opposition to the application.
(2)
(a)
				Prior to holding hearings on a hazardous waste disposal site license
				application, the Commission shall cause notice to be given in the county or
				counties where the proposed site is located in a manner reasonably calculated
				to notify interested and affected persons of the license application;
(b) The notice shall contain information
				regarding the approximate location of the site and the type and amount of
				materials intended for disposal at such site, and shall fix a time and place
				for a public hearing. In addition, the notice shall contain a statement that
				any person interested in or affected by the proposed site shall have
				opportunity to testify at the hearing.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 109 - HAZARDOUS WASTE MANAGEMENT › Section 340-109-0001 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This division specifies procedures for managing pesticide residues and empty
			 pesticide containers. This division does not apply to any federally regulated
			 pesticide waste, including waste regulated under  40 C.F.R. Part 273 .
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 issued by the Environmental
				Quality Commission while hazardous waste storage and treatment facility permits
				are issued by the Department.
(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.
NOTE
:   40 C.F.R. Part 124   includes requirements
				applicable to several programs, including UIC, NPDES, 404. Only the provisions
				of 40 C.F.R. Part 124 Subparts A and B that apply to hazardous waste or "RCRA"
				permits are incorporated by reference in OAR
				340-100-0002,
				as modified by division 106.
Stat. Auth.: ORS 183.325 - 183.335, 466.02 &
				  468.020
Stats Implemented: ORS 466.005 &
				  466.075,
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 109 - HAZARDOUS WASTE MANAGEMENT › Section 340-109-0010 - Pesticide Residue Waste Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person producing pesticide-containing
			 material from any pesticide operation or pesticide management shall make every
			 effort to beneficially use or reuse such material to the extent permissible
			 under federal and state law. Persons accumulating pesticide-containing material
			 for use or reuse, shall contain these materials according to industry standards
			 for containing commercial pesticides for use or reuse, and the container shall
			 be labeled as to its contents and marked with the EPA Registration Number(s)
			 for the pesticide(s).
(2) A person
			 producing pesticide residue at a public-use airport, pesticide dealership or
			 other permanent base of operation, and who does not beneficially use or reuse
			 such residue, must manage the pesticide residue:
(a) According to the universal waste
			 management standards in
40 CFR Part 273
and OAR 340 Division 113,
			 and standards in this Division, whereby such residues are designated "waste
			 pesticide." A waste pesticide designation occurs only when the owner or manager
			 of the residue:
(A) Contains the wastes;
			 and
(B) Labels the container with
			 the words "waste pesticide," and
(C) Marks the container(s) with the date the
			 wastes are created, and
(D) Manages
			 the contained wastes according to the universal waste management standards in
40 CFR Part 273
and OAR 340 Division 113; or
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 109 - HAZARDOUS WASTE MANAGEMENT › Section 340-109-0020 - Empty Container Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Empty rigid pesticide containers, including but not limited to cans, pails,
			 buckets or drums constructed of metal, plastic, glass, or fiber may be managed
			 as ordinary solid waste and decontaminated, verified and altered as follows:
(a) Decontamination consists of removing any
			 residual by:
(A) Jet or multiple
			 rinsing;
(B) Aeration of volatile
			 substances;
COMMENT:
For purposes of this rule, all fumigants
				are considered to be volatile.
(C) Chemical washing methods such as those
			 used to recondition metal drums; or
(D) Other methods that have been shown in the
			 scientific literature, or by generator tests, to achieve equivalent
			 removal.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0001 - Purpose, Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this division is to
			 establish requirements for the storage, treatment, disposal and marking prior
			 to disposal of PCB and PCB items.
(2) These regulations are in addition to and
			 do not preempt any local, state or federal statutes or regulations.
(3) This division incorporates, by reference,
			 PCB management regulations of the federal program, included in  40 CFR Part 761
			  as of July 1, 2004, into Oregon Administrative Rules. Persons must consult  40
			 CFR Part 761  in addition to this division to determine all applicable PCB
			 management requirements. Persons must also consult division 120 of this chapter
			 for additional siting and permitting requirements for PCB disposal.
Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195  & 468
Stats. Implemented: ORS 466.020, 466.025, 466.030 &
				  466.505
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The definitions
			 of the following sections are added to
40 CFR 761.3
.
(2) The definitions of OAR
			 340-100-0010.
(3) For the purpose of this Division:
(a) "Agency's Regional Administrator in the
			 EPA Region in Which the PCBs are Located" means the Department;
(b) "Agency" means the Department;
(c) "Approve" means permit;
(d) "Approved" means permitted;
(e) "Approval" means permit;
(f) "Assistant Administrator for Pesticides
			 and Toxic Substances" means the Department;
(g) "Appropriate Regional Administrator"
			 means the Department;
(h) "Chemical
			 Waste Landfill" means PCB landfill;
(i) "Environmental Protection Agency" and
			 "EPA" means the Department;
(j)
			 "Initial Report" means application;
(k) "Receive Written Approval" means obtain a
			 permit;
(l) "Regional
			 Administrator" means the Department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0020 - Manufacturing, Processing, Distribution in Commerce and Use of PCB and PCB Items

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of  40 CFR 761.20 through 761.35  are
				deleted.
NOTE:
40 CFR 761.20(e)  is adopted by reference with
				the adoption of  40 CFR, Part 279  (Used Oil Management Regulations) in OAR
				340-100-0002.
				 40 CFR 279.10(i)  requires used oil marketers and burners of used oil containing
				quantifiable levels of PCBs to meet the standards in  40 CFR 761.20(e).
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075,
				  466.090, 468.020 & 646
Stats. Implemented: ORS 466.510 &
				  466.515
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0040 - Marking of PCB and PCB Items

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 761.40
through
761.59
are applicable only as they relate to
				items removed from service for disposal.
Stat. Auth.:ORS 183&ORS 459
Stats. Implemented:ORS
				  466
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0060 - Treatment and Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Sections (2) through (4) of this rule are added to the provisions of
40 CFR 761.60(a)
.
(2) "PCB
			 disposal facility" includes a facility for treatment or disposal of PCB or PCB
			 items.
(3) No person shall treat or
			 dispose of PCB or PCB items except at a PCB disposal facility permitted by the
			 Department.
(4) No person shall
			 establish, construct or operate a PCB disposal facility without a permit issued
			 by the Department.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.025,ORS 466.030 &ORS
				  466.255
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0061 - Additional Disposal Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Section (2) of this rule is added to the
			 provisions of  40 CFR 761 (a).
(2)
			 Spills, leaks and other uncontrolled discharges of PCB constitute disposal of
			 PCB and shall be reported and managed in accordance with division
			 142.
(3) Section (4) of this rule
			 is added to the provisions of  40 CFR 761.60(e).
(4) The permit shall be issued in accordance
			 with divisions 106 and 120 and may contain conditions and provisions as the
			 Department deems appropriate.
(5)
			 Section (6) of this rule is added to  40 CFR 761.60.
(6) Waste Oil. The use of waste oil that
			 contains any detectable concentration of PCB as a sealant coating or dust
			 control agent is prohibited. Prohibited uses include, but are not limited to,
			 road oiling, general dust control, use as a pesticide carrier and use as a rust
			 preventative on pipes.
Stat. Auth.: ORS 466 & 468
Stats. Implemented: ORS 459A.595 &
				  466.635
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0065 - Storage for Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 provisions of
40 CFR 761.65(c)(7)(ii)
are replaced by section (2) of
			 this rule.
(2) The owners or
			 operators of any facility using containers described in
CFR
			 761.65(c)(7)(i)
shall prepare and implement a Spill Prevention Control
			 and Countermeasure (SPCC) plan as described in
40 CFR Part 112
. In
			 complying with
40 CFR Part 112
, the owner or operator shall read
			 "oil(s)" as "PCB(s)" whenever it appears.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS
				  466.265
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0070 - Incineration

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0075 - Landfilling

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.255 &ORS
				  466.265
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0077 - Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:ORS 183,ORS 459&ORS 468
Stats. Implemented:ORS 466.275 &ORS
				  466.295
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 110 - POLYCHLORINATEDS BIPHENYLS (PCBS) › Section 340-110-0080 - Records and Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of
40 CFR 761.185
through
761.193
are deleted.
Stat. Auth.:ORS 466.020,ORS 466.075 &ORS 468.020
Stats. Implemented:ORS 466.105 &ORS
				  466.195
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 192,ORS 465.009,ORS 466.015,ORS 466.020,ORS
				  466.075,ORS 466.090,ORS 468.020 &ORS 646
Stats. Implemented:ORS
				  459A.590
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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 279.1 0(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0030 - Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.:ORS 192,ORS 465.009,ORS 466.015,ORS 466.020,ORS
				  466.075, ORS 466.090,ORS 468.020 &ORS 646
Stats. Implemented:ORS 459A.590,ORS 459A.595 &ORS
				  466.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0032 - Used Oil Storage

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 192,ORS 465.009,ORS 466.015,ORS 466.020,ORS
				  466.075,ORS 466.090,ORS 468.020 &ORS 646
Stats. Implemented:ORS 459A.590,ORS 466.020 &ORS
				  466.075
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0035 - On-Site Burning in Space Heaters

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 192,ORS 465.009,ORS 466.015,ORS 466.020,ORS
				  466.075,ORS 466.090,ORS 468.020 &ORS 646
Stats. Implemented:ORS
				  459A.590
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0037 - Off-Site Shipments

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 192,ORS 465.009,ORS 466.015,ORS 466.020,ORS
				  466.075,ORS 466.090,ORS 468.020 &ORS 646
Stats. Implemented:ORS 459A.590 &ORS
				  466.020