Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 101 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 340-101-0004 - Exclusions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Residue
			 described in 40 C.F.R.
			 §
									261.4(b)(9) is
			 exempted from divisions 100-106 and 109.
(2) Dry cleaning wastewater subject to the
			 requirements in OAR 340 division 124 is not excluded under
			 40 C.F.R. §§
									261.4(a)(1)(i) and
			 (ii).
(3) The phrase "or labeled with equivalent
			 wording describing the contents of the container and recognizing the exclusion"
			 is added to the end of the first sentence in
			 40 C.F.R. §
									261.4(a)(26)(i) and
			  40 C.F.R. §
									261.4(b)(18)(i).
(4) The phrase "To
			 a municipal solid waste landfill regulated under  40 C.F.R. part 258, including
			 40 C.F.R. §
									258.40, or" is deleted from
			 40 C.F.R. §
									261.4(b)(18)(vi)(A).
(5) The phrase "To a municipal waste
			 combustor or other combustion facility regulated under section 129 of the Clean
			 Air Act or" in 40 C.F.R.
			 261.4(b)(18)(vi)(B) is
			 deleted.
(6) Selmet, Inc, or its
			 corporate successor (Selmet). The following wastes are excluded under OAR
			 340-100-0020  and 340-100-0022:
(a) Wastewater
			 treatment sludge, EPA Hazardous Waste No. F006, generated at Selmet's facility
			 in, Albany, Oregon, and contained in an on-site surface impoundment, as
			 described in the delisting petition Selmet, Inc. provided on May 22, 2018. This
			 is a one-time exclusion. [Note: The petition is attached as Appendix 1 to this
			 rule.]
(b) Wastewater treatment
			 sludge, EPA Hazardous Waste No. F006, generated at Selmet's facility in Albany,
			 Oregon, as described in the delisting petition Selmet, Inc. provided on May 22,
			 2018. The exemption is limited to a maximum annual rate of 3120 cubic yards per
			 year. Selmet must have the sludge disposed of in a Subtitle D landfill the
			 department licenses, permits, or otherwise authorizes to accept the delisted
			 wastewater treatment sludge. [Note: The petition is attached as Appendix 1 to
			 this rule.]
(c) The exemption
			 described in subsection 6(b) of this rule remains in effect only as long as
			 Selmet meets the following conditions:
(A)
			 Delisting Levels: The constituent concentrations measured in a leachate extract
			 may not exceed the following concentrations (mg/l): cadmium-0.2; chromium-4.9;
			 nickel-32.7; cyanide-7.5 and fluoride-94.8.
(B) Annual Verification Testing: To verify
			 that the waste does not exceed the specified delisting concentrations, Selmet,
			 Inc. must collect and analyze one waste sample annually using methods with
			 appropriate detection concentrations and elements of quality control. Selmet
			 may use a total analysis of the waste to estimate the Toxicity Characteristic
			 Leaching Procedure concentration as provided for in section 1.2 of Method 1311
			 as described in EPA SW 846. The Toxicity Characteristic Leaching Procedure is
			 attached to this rule as Appendix 3.]
(d) Changes in Operation Conditions:
(A) If Selmet significantly changes the
			 manufacturing process or the chemicals used in the manufacturing process, or
			 both, Selmet must notify DEQ not more than 30 days after making the
			 change.
(B) Selmet must handle the
			 wastes generated after the process change as hazardous until DEQ notifies
			 Selmet in writing that DEQ has determined the wastes continue to meet the
			 delisting concentrations in subparagraph (6)(c)(A), that Selmet has
			 demonstrated that no new hazardous constituents listed in appendix VIII of  40
			 C.F.R. part 261  have been introduced, and that the department approves Selmet's
			 not handling the wastes as hazardous.
(e) Data Submittals: Selmet must submit the
			 data obtained through verification testing, or as required by other conditions
			 of this rule, to DEQ. Selmet must submit the annual verification data and
			 certification of proper disposal on the anniversary of the effective date of
			 this exclusion. Selmet must compile, summarize, and maintain on site, for a
			 minimum of five years, records of operating conditions and analytical data.
			 Selmet must make these records available to DEQ for inspection. Selmet must
			 submit with all data a signed copy of the certification statement described in
			 40 C.F.R. §
										260.22(i)(12).
(f) Reopener Language:
(A) If, at any time after the delisted waste
			 is disposed of, Selmet possesses, or is otherwise made aware of, any data,
			 including but not limited to leachate data, about the delisted waste,
			 indicating that any constituent is at a concentration in the leachate higher
			 than the specified delisting concentration in subparagraph 6(c)(A), then Selmet
			 must report such data, in writing, to DEQ, within 10 days of first possessing
			 or being made aware of that data.
(B) Based on the information described in
			 subsections (6)(d) and (6)(e), and any other information received from any
			 source, DEQ will make a preliminary determination as to whether the reported
			 information requires department action to protect human health or the
			 environment. Further action may include suspending or revoking the exclusion,
			 or other appropriate response necessary to protect human health and the
			 environment.
(C) If DEQ determines
			 that the reported information does require DEQ action, DEQ will notify Selmet
			 in writing, of the actions DEQ believes are necessary to protect human health
			 and the environment. The notice will include a statement of the proposed action
			 and a statement providing Selmet with an opportunity to present information as
			 to why the proposed DEQ action is not necessary or to suggest an alternative
			 action. Selmet must provide to DEQ in writing its information in response to
			 the notice within 30 days from the date DEQ mails its notice requesting the
			 information.
(D) DEQ will issue a
			 final written determination. DEQ will issue the written determination no sooner
			 than 30 days after DEQ mailed its notice to Selmet. Before issuing its
			 determination, DEQ will consider any additional information Selmet submitted to
			 DEQ within 30 days after DEQ issued its notice. The written determination will
			 describe DEQ's actions that are necessary to protect human health and the
			 environment. Any required action described in DEQ's determination is effective
			 immediately, unless DEQ provides otherwise.