reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0040 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions in
40 CFR 279.42(b),  40 CFR 279.51(b),  40 CFR 279.62(b)
and
40 CFR 279.73
are replaced with the
				following: A used oil transporter, transfer facility, processor/re-refiner,
				off-specification used oil burner or used oil fuel marketer, who has not
				received an EPA/DEQ identification number shall obtain one by notifying the
				agency of their used oil activity by submitting a completed "Notification of
				Used Oil Activity" Form to the Department.
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 340-111-0050 - Used Oil Discharges and Releases

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the provisions in
40 CFR 279.43(c)
,
40 CFR 279.45(h)
,
40 CFR 279.54(g)
and
40 CFR 279.64(g)
, the provisions of OAR 340,
				division 142 are applicable.
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075,
				  466.090, 468.020 & 646
Stats. Implemented: ORS
				  466.635
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0060 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
The provision in
40 CFR 279.57(b)
is replaced by the
				following: A used oil processor must report to the Department of Environmental
				Quality by March 1 of each year, on forms provided by the Department, the
				following information concerning used oil activities during the previous
				calendar year:
(1) The EPA/DEQ
			 identification number, name, and address of the processor/re-refiner;
(2) The calendar year covered by the report;
			 and
(3) The quantities of used oil
			 accepted for processing/re-refining and the manner in which the used oil is
			 processed/re-refined, including the specific processes employed.
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
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 111 - USED OIL MANAGEMENT › Section 340-111-0070 - Disposal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 provisions under  40 C.F.R. §
									279.81(b), used oils that are not hazardous
			 wastes and cannot be recycled under  40 C.F.R. Part 279  must be managed
			 according to Oregon solid waste regulations in OAR chapter 340, divisions
			 93-97.
(2) In addition to
			 provisions under  40 C.F.R. §
									279.81, unless permitted under ORS 468B.050,
			 no person shall dispose of used oil by discharge into sewers, drainage systems,
			 or waters of the state as defined by 468.005(8).
Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075,
				  466.090, 468.020 & 646
Stats. Implemented: ORS
				  459A.580
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0000 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of the Division is to establish universal waste management standards
			 for handlers, transporters and destination facilities of universal
			 wastes.
(2) Persons must
			 consult
40 CFR Part 273
, which is incorporated by reference in OAR
			 340-100-0002,
			 and associated
Federal Register
preambles, in addition to Division
			 113 of these rules to determine all applicable universal waste management
			 requirements.
Stat. Auth.: ORS 4465.009 & ORS 466.020
Stats. Implemented: ORS 465.003, ORS 465.009, ORS 466.075  & ORS 466.105
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 provisions under
40 CFR 273.1
, the following wastes are subject to
			 universal waste management standards but are not "Universal Wastes" as defined
			 in OAR
			 340-113-0020(4):
(a) Waste pesticides as defined in OAR
			 340-109-0010(2)(a),
			 and pesticide residues as defined in OAR
			 340-100-0010, that
			 are collected and managed as part of any pesticide collection program that has
			 notified the Department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions of terms contained in this rule modify, or are
				in addition to, the definitions contained in
40 CFR 273.9
,
40 CFR 260.10
, and OAR
				340-100-0010. When
				used in Divisions 109 and 113 of this chapter, the following terms have the
				meanings below:
(1) "Destination
			 Facility" means a facility that treats, disposes of, or recycles universal
			 waste. Facilities treating universal waste as allowed under
40 CFR 273.13
and
273.33
are not considered to be destination
			 facilities for purposes of this rule. A facility at which universal waste is
			 only accumulated, is not a destination facility for purposes of managing
			 universal waste.
(2) "Off-site
			 Collection Site" means a site that receives and accumulates universal waste
			 from off-site.
(3) "Pesticide
			 Collection Program" means a pesticide collection program that has notified the
			 Department of activity as required in OAR
			 340-113-0070  and has received acknowledgment from the Department of Environmental Quality
			 that such notification information is complete.
(4) "Universal Waste" means any waste that is
			 a universal waste listed in  40 CFR 273.1  and subject to the universal waste
			 requirements of
40 CFR Part 273
and OAR 340 Division 113.
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 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0030 - Standards for Small and Large Quantity Handlers of Universal Waste

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The standards
			 in this rule apply to small quantity handlers of universal waste as defined
			 in
40 CFR 273.9
. The standards in this rule modify or are in
			 addition to provisions in
40 CFR Part 273  Subpart B
.
(2) The standards in this rule apply to large
			 quantity handlers of universal waste as defined in  40 CFR 273.9. The standards
			 in this rule modify or are in addition to provisions in
40 CFR Part
			 273
,
Subpart C
.
(3) Treatment Prohibition:
(a) In addition to the provisions in
40 CFR 273.11
and
40 CFR 273.31
, handlers of universal waste
			 shall not treat universal waste, except as allowed the applicable portions of
			 in
40 CFR 273.13
,
40 CFR 273.33
.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0040 - Standards for Off-Site Collection Sites

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability.
(a) In addition to the applicable provisions
			 of
40 CFR 273, Subparts B
and
C
, and OAR
			 340-113-0030,
			 the standards of this section apply to owners and operators of Off-site
			 Collection Sites as defined in OAR
			 340-113-0020(4),
			 accumulating more than 1,000 kilograms of universal waste at any one
			 time.
(b) The requirements of this
			 section do not apply to persons who collect, store or transport universal waste
			 batteries described in Public Law 104-142 Section
			 3(5)(C), Title II of the law, or used rechargeable consumer products containing
			 rechargeable batteries that are not easily removable.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0050 - Standards for Destination Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability. In addition to the
			 provisions in
40 CFR 273.60
, for purposes of this rule, a
			 destination facility can include:
(a) A
			 permitted hazardous waste facility or a hazardous waste recycling facility;
			 or
(b) A facility that has obtained
			 a solid waste management permit for the sole purpose of reclaiming universal
			 waste lamps.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0060 - Petitions to Include Other Wastes Under OAR-340-113

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When reviewing a petition to include
			 additional hazardous wastes as universal wastes the Department will consider
			 the factors listed in
40 CFR 273.81
.
(2)
(a) In
			 addition to adding new wastes in the universal waste rule, the petition process
			 may be used to remove wastes from the rule.
(b) Factors to be considered by the
			 Department when reviewing a petition to remove a waste from the universal waste
			 rule include but not be limited to the following:
(A) The collection and proper management of
			 the waste has not been enhanced by being classified as a universal
			 waste;
(B) Environmental or public
			 health impact from the management of the waste as a universal waste is greater
			 than management as a hazardous waste; and,
(C) The waste is no longer a hazardous
			 waste.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 113 - UNIVERSAL WASTE MANAGEMENT › Section 340-113-0070 - Pesticide Collection Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In addition to this section, pesticide collection programs accumulating more
			 than 1,000 kilograms of pesticide waste at any time must also comply with the
			 applicable requirements of OAR
			 340-113-0040  (standards for off-site collection sites).
(2) Pesticide collection programs may be
			 operated by federal, state or local municipal entities as well as persons in
			 private industry.
(3) Prior to
			 initial collection of any unused pesticides or pesticide residues, the
			 collection program sponsors must submit, in writing, to the Department, a
			 summary of how the collection program will be operated. Information, at a
			 minimum, shall include:
(a) Name of the
			 person(s) who will be responsible for the operation of the pesticide collection
			 program;
(b) Location(s) of
			 collection site(s);
(c) A
			 description of how the pesticide collection program will operate to comply with
			 the applicable universal waste rule requirements;
(d) Type(s) of pesticides to be
			 collected;
(e) Schedule of
			 collection activity (i.e., annually, quarterly, as needed, etc.);
(f) Names and locations of all off-site
			 handlers or destination facilities which will receive the waste pesticides
			 collected by the program;
(g)
			 Measures to be taken to insure safety of the public and employees or volunteers
			 working for the pesticide collection program;
(h) Measures to be taken to prevent spills or
			 releases of materials collected and a plan to respond to a spill or release if
			 one occurs;
(i) A description of
			 how difficult-to-manage waste pesticides will be managed (i.e.,
			 dioxin-containing pesticides (federal waste codes F020-F023 and F026-F028),
			 mercury-containing pesticides or unknown waste pesticides);
(j) Any additional information that is needed
			 to assure that adequate provisions have been taken to protect the public
			 health, safety and the environment; and,
(k) A signed certification statement from the
			 person responsible for the operation of the collection program that it will be
			 operated in compliance with the universal waste rule and in the manner
			 described in the operating information provided in the submitted
			 notification.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0001 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 protect the public health and safety and the environment, the Commission finds
			 that it is in the state's best interest to more fully regulate and review
			 proposals to treat or dispose of hazardous waste and PCB. The purpose of this
			 division is to establish a supplemental siting and permitting procedure for
			 most types of hazardous waste and PCB treatment and disposal facilities.
COMMENT: Under Federal law hazardous waste incineration and
				other treatment techniques are considered "treatment" and PCB incineration and
				other treatment techniques are considered "disposal." To be consistent,
				division 120 utilizes the same definitions.
(2) All parts of this division apply to new:
(a) Hazardous waste and PCB treatment and
			 disposal facilities located off the site of waste generation (off-site);
			 and
(b) Hazardous waste and PCB
			 land disposal facilities located on the site of waste generation
			 (on-site).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0005 - Permitting Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 three step permitting procedure is required for facilities listed in OAR
			 340-120-0001(2).
			 The three steps are:
(a) Submit a request for
			 and obtain an Authorization to Proceed from the Department;
(b) Submit a request for and obtain a Land
			 Use Compatibility Statement from the local government with land use
			 jurisdiction or as applicable, from the Department; and
(c) Submit a complete application for and
			 obtain a treatment or disposal permit pursuant to Divisions 105, 106 and 110 of
			 this Chapter from the Department, or as applicable, from the
			 Commission.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0010 - Contents of an Authorization to Proceed Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Authorization to Proceed request shall
			 demonstrate that the proposed facility meets the criteria presented in section
			 (2) of this rule. If the facility does not meet all of the criteria, the
			 Department shall deny the request.
(2) Criteria that must be met to obtain an
			 Authorization to Proceed:
(a) Need:
(A) The facility is needed because:
(i) Of a lack of adequate current treatment
			 or disposal capacity to handle hazardous waste or PCB generated by Oregon
			 companies; or
(ii) Its operation
			 would result in a higher level of protection of the public health and safety or
			 environment; or
(iii) Its operation
			 will significantly lower treatment or disposal costs to Oregon companies,
			 excluding transportation costs within states that are parties to the Northwest
			 Interstate Compact on Low-Level Radioactive Waste Management as set forth in
			 ORS
			 469.930.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0015 - Land Use Compatibility Findings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For facilities listed in OAR
			 340-120-0001(2),
			 the land use compatibility statement of OAR
			 340-105-0013  must include findings that at least considered the following criteria:
(a) To assure low density populations around
			 a facility, the facility shall be sited at least the following distances from
			 an acknowledged urban growth boundary:
(A)
			 One mile from areas within an urban growth boundary containing a population of
			 2500 people or less;
(B) Two miles
			 from areas within an urban growth boundary containing a population between
			 2,500 and 10,000 people; and
(C)
			 Three miles from areas within an urban growth boundary containing a population
			 of 10,000 people or greater.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0020 - Community Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission finds that local community participation is important in the siting
			 and in reviewing the design, construction and operation of hazardous waste and
			 PCB treatment and disposal facilities.
(2) To encourage local participation in the
			 siting of a proposed facility described in OAR
			 340-120-0001(2),
			 the Director shall appoint and utilize a committee comprised at least partly of
			 residents living near to, or along transportation routes to, the facility site.
			 The committee shall be appointed as soon as feasible after the Department
			 receives an Authorization to Proceed request. At least one half of the
			 appointments shall be from a list of nominees submitted by the local government
			 with land-use jurisdiction. The Director shall appoint the chairperson of the
			 committee.
(3) The Director may
			 appoint a committee to review a proposed facility described in OAR
			 340-120-0001(4).
(4) The Director may continue a committee
			 authorized in sections (2) and (3) of this rule or appoint a new committee to
			 review the operation of a facility once it is located and constructed.
COMMENT:
The committee shall provide a forum for
				citizen comments, questions and concerns about the site and facility and
				promote a dialogue between the community of the proposed facility and the
				company interested in siting the facility. The committee shall prepare a
				written report summarizing local citizen concerns and the manner in which the
				company is addressing these concerns. The report shall be considered by the
				Department and Commission and local government during the consideration of the
				proposed facility.
(5) The
			 Department recommends that the local government and applicant consider
			 negotiating an agreement appropriate for the proposed facility's potential
			 local impact. The agreement might consider these and other issues:
(a) Training and equipping local fire, police
			 and health department personnel to respond to accidents, spills and other
			 emergencies;
(b) Special monitoring
			 both on and off-site for worker and community health status;
(c) Road improvements and maintenance to
			 assure safe transportation of waste to the site;
(d) Possible changes in property values near
			 the site due to the proposed facility;
(e) A plan to resolve conflicts or
			 disagreements that might develop between the facility operator and the
			 community.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 120 - ADDITIONAL SITING AND PERMITTING REQUIREMENTS FOR HAZARDOUS WASTE AND PCB TREATMENT AND DISPOSAL FACILITIES › Section 340-120-0025 - Off-Site Transportation Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
An emergency response team owned by or under contract to the
				owner or operator of the facility shall be located within 25 miles of the
				facility. The team shall be capable of immediately responding to spills,
				occurring within 50 miles of the facility, of waste traveling to the
				facility.
Stat. Auth: ORS 466 &ORS 468
Stats. Implemented:ORS 466.020,ORS 466.025 &ORS
				  468.020
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 establish the standards and procedures to be used under ORS 465.200 through
			 465.455 and 465.900 for the determination of removal and remedial action
			 necessary to assure protection of the present and future public health, safety
			 and welfare, and the environment in the event of a release or threat of a
			 release of a hazardous substance.
(2) These rules also establish the standards
			 and procedures to be used under ORS 465.200 to 465.455 and 465.900 and ORS
			 466.706 to 466.835 and 466.895 for the determination of remedial action or
			 corrective action of releases of petroleum from underground storage tanks
			 necessary to assure protection of the present and future public health, safety
			 and welfare, and the environment in the event of a release or threat of a
			 release of petroleum.
(3) These
			 rules further establish the procedures for implementation of a site discovery
			 program for hazardous substance releases pursuant to ORS 465.215 through
			 465.245 and 465.405, including a process for evaluation and preliminary
			 assessment of releases of hazardous substances, and a process for developing
			 and maintaining a statewide list of confirmed releases and an inventory of
			 sites requiring investigation, removal, remedial action, or related long-term
			 engineering or institutional controls.
Stat. Auth.: ORS 465.400(1), ORS 465.405, ORS 466 & ORS
				  468.020
Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900,
				  ORS 466.706 - ORS 466.835 & ORS
				  466.895
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0030 - Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules apply to the release or threat of release of
				hazardous substances into the environment, except as provided below:
(1) Exempted Releases. These rules shall not
			 apply to releases exempted pursuant to ORS 465.200(21)(a), (b), (c), and
			 (d).
(2) Conditional Exemption of
			 Permitted Releases. These rules do not apply to permitted or authorized
			 releases of hazardous substances, unless the Director determines that
			 application of these rules might be necessary in order to protect public
			 health, safety or welfare, or the environment. These rules may be applied to
			 the deposition, accumulation, or migration resulting from otherwise permitted
			 or authorized releases.
(3)
			 Relationship to Other Cleanup Actions:
(a)
			 Except as provided under subsection (3)(b) of this rule, these rules do not
			 apply to releases where one of the following actions has been completed:
(A) Spill response pursuant to ORS 466.605 to
			 466.680;
(B) Oil spill cleanup on
			 surface waters pursuant to ORS 468B.300 to 468B.500;
(C) Corrective action of a release of a
			 hazardous waste pursuant to ORS 466.005 to 466.357;
(D) Cleanup pursuant to ORS 468B.005 to
			 468B.095.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0040 - Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any removal or
			 remedial action shall address a release or threat of release of hazardous
			 substances in a manner that assures protection of present and future public
			 health, safety, and welfare, and the environment.
(2) In the event of a release of a hazardous
			 substance, remedial actions shall be implemented to achieve:
(a) Acceptable risk levels defined in OAR
			 340-122-0115, as
			 demonstrated by a residual risk assessment; or
(b) Numeric cleanup standards developed as
			 part of an approved generic remedy identified or developed by the Department
			 under OAR
			 340-122-0047, if
			 applicable; or
(c) For areas where
			 hazardous substances occur naturally, the background level of the hazardous
			 substances, if higher than those levels specified in subsections (2)(a) through
			 (2)(b) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0047 - Generic Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may identify or develop generic remedies for common categories of
			 facilities, hazardous substances, or impacted media. For purposes of this rule,
			 a "generic remedy" means a potential remedial technology or method developed or
			 identified by the Department for use at eligible facilities on a streamlined
			 basis with limited evaluation of other remedial action alternatives. Generic
			 remedies may be used as follows:
(a) A
			 generic remedy that has been developed or identified by the Department may be
			 proposed for use at an eligible facility. When evaluating a generic remedy
			 proposed for use at a specific facility, the specific requirements of the
			 remedial investigation or feasibility study may be focused or eliminated, with
			 Department approval.
(b) Any
			 generic remedy which allows for elimination of the requirement for conducting a
			 site-specific feasibility study shall be based on a generic feasibility study
			 documenting the Department's conclusions with respect to the manner in which
			 facilities eligible for use of the generic remedy will meet the requirements of
			 OAR
			 340-122-0085  and OAR
			 340-122-0090.
(c) Any generic remedy which includes numeric
			 cleanup standards as a component of the remedy shall be based on a generic risk
			 assessment documenting the Department's conclusions with respect to how
			 facilities eligible for use of the generic remedy will achieve acceptable risk
			 levels and other requirements of OAR
			 340-122-0084  through OAR
			 340-122-0090.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0050 - Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 may perform or require to be performed the following activities:
(a) Preliminary Assessment;
(b) Removal;
(c) Remedial Investigation;
(d) Risk Assessment;
(e) Feasibility Study; or
(f) Other investigations and remedial
			 action.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0070 - Removal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based upon the
			 Preliminary Assessment or other information, the Director may perform, require
			 to be performed, or approve a removal that the Director determines is
			 consistent with the standards set forth under OAR
			 340-122-0040  and is
			 necessary to prevent, minimize, or mitigate damage to the public health, safety
			 and welfare, and the environment that might result from the release or threat
			 of release of hazardous substances. A removal may address potential harm posed
			 by the toxicity, corrosivity, flammability, ignitability, and other threats to
			 public health, safety and welfare, and the environment from a release or threat
			 of release. A removal may include, but is not limited to, offsite transport and
			 disposal of hazardous substances if such action would be consistent with and
			 expedite completion of remedial action or would minimize the need for onsite
			 engineering or institutional controls.
(2) The performance of a removal shall not
			 affect the Director's authority to perform or require to be performed a
			 remedial action in addition to the removal, if such remedial action will
			 permanently or more fully address a release or threat of release of hazardous
			 substances. The Director may undertake or require that a removal be undertaken
			 at any time from the discovery of a release or threat of a release through the
			 completion of a remedial action.
Stat. Auth.: ORS 465.400(1) & ORS 468.020
Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900,
				  ORS 466.706 - ORS 466.835 & ORS
				  466.895
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0071 - Site Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Department receives information about a release or potential release of a
			 hazardous substance, the Department shall evaluate the information and document
			 its conclusions. The purpose of the site evaluation is to determine whether a
			 release has or might have occurred and whether the release may pose a
			 significant threat to public health, safety and welfare, or the
			 environment.
(2) The Department may
			 request or gather additional information to complete the site evaluation. When
			 evaluating the potential for human health and ecological impacts, the
			 Department may consider, but is not limited to considering, the potential
			 presence in the locality of the facility, of:
(a) Human populations;
(b) Any sensitive human
			 subpopulations;
(c) Threatened and
			 endangered species or their critical habitat;
(d) Ecological receptors, including any
			 terrestrial or aquatic habitat(s);
(e) Exposure pathways potentially connecting
			 receptors with hazardous substances; and
(f) Current and reasonably likely future land
			 and water uses.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0073 - Confirmation of a Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Director shall determine that a release of a hazardous substance has been
			 confirmed for the purposes of listing a facility on the Confirmed Release List
			 or the Inventory if the Director determines that the release meets the criteria
			 in subsections (a) and (b) of this section:
(a) The release has been documented by:
(A) An observation made and documented by a
			 qualified government inspector or agent;
(B) A written statement or report from an
			 owner, operator, or representative authorized by an owner or operator stating
			 that the release has occurred; or
(C) Laboratory data indicating the hazardous
			 substance has been detected at levels greater than background levels.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0074 - Development of Confirmed Release List

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purpose of providing public
			 information, the Director shall develop and maintain a Confirmed Release List
			 of all facilities for which the Director has confirmed a release of a hazardous
			 substance in accordance with OAR
			 340-122-0073.
(2) The list shall include, at a minimum, the
			 following items, if known:
(a) A general
			 description of the facility;
(b)
			 Address or location;
(c) Time
			 period during which a release occurred;
(d) Name of the current owner and operator
			 and names of any past owners and operators during the time period of a release
			 of a hazardous substance;
(e) Type
			 and quantity of a hazardous substance released at the facility;
(f) Manner of release of the hazardous
			 substance;
(g) Concentration,
			 distribution, and characteristics of a hazardous substance, if any, in
			 groundwater, surface water, air, and soils at the facility; and
(h) Status of removal or remedial actions at
			 the facility.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0075 - Development of Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purpose of providing public information, the Director shall develop and
			 maintain an Inventory of facilities for which the Director:
(a) Has confirmed a release of a hazardous
			 substance in accordance with OAR
			 340-122-0073;
			 and
(b) Based on a preliminary
			 assessment approved or conducted by the Department, has determined that
			 additional investigation, removal, remedial action, or long-term environmental
			 or institutional controls related to removal or remedial action are required to
			 assure protection of present and future public health, safety and welfare, and
			 the environment.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0076 - Inventory Ranking

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The Department will score facilities
			 placed on the Inventory in accordance with the Site Scoring Procedure set forth
			 in Appendix 1. The Site Scoring Procedure provides criteria for scoring
			 facilities based on the short-term and long-term risks they pose to present and
			 future public health, safety, welfare or the environment;
(b) The Department will place facilities in
			 the following categories on the Inventory based on their status in the remedial
			 process:
(A) Phase I: Facilities where
			 remedial investigation and feasibility studies have not been
			 initiated;
(B) Phase II: Facilities
			 where remedial investigation or feasibility studies are underway;
(C) Phase III: Facilities where the remedial
			 investigation and feasibility studies have been completed and remedial design,
			 removal or remedial action is underway;
(D) Phase IV: Facilities where all necessary
			 removal and remedial action have been completed except for continuing operation
			 and maintenance or other environmental or institutional controls necessary to
			 protect public health, safety, welfare, and the environment.
(E) The Department will move facilities from
			 one category to the next in quarterly updates of the Inventory as remedial
			 activities progress.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0077 - Initiation of Process for Delisting Facilities from the Confirmed Release List and Inventory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 owner or operator of a facility listed on the Confirmed Release List or
			 Inventory, or any other person adversely affected by the listing, may request
			 the Director to remove a facility from the Confirmed Release List or Inventory.
			 The Department may propose to remove a facility on its own
			 initiative.
(2)
(a) The owner, operator, or other person
			 requesting that a facility be removed from the Confirmed Release List or the
			 Inventory shall submit a written petition to the Director setting forth the
			 basis for such request. The petition shall include sufficient information and
			 documentation to support a determination that:
(A) The petitioner is an owner, operator, or
			 person adversely affected by the listing; and
(B) The facility meets the respective
			 criteria for delisting from the Confirmed Release List or from the Inventory
			 set forth in OAR
			 340-122-0079(1).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0078 - Inventory Delisting - Public Notice and Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the approval or denial of a
			 petition to remove a facility from the Inventory submitted pursuant to OAR
			 340-122-0077,
			 the Department shall:
(a) Publish a notice and
			 brief description of the proposed action in the Secretary of State's Bulletin,
			 notify a local paper of general circulation, and make copies of the proposed
			 action available to the public;
(b)
			 Make a reasonable effort to identify and notify interested persons or community
			 organizations;
(c) Provide at least
			 30 days for submission of written comments regarding the proposed
			 action;
(d) Upon written request
			 received within 15 days after agency notice, postpone the date of its intended
			 action no less than ten or more than 90 days in order to allow the requesting
			 person an opportunity to submit information or comments on the proposed action;
			 and
(e) Upon written request by ten
			 or more persons or by a group having ten or more members, conduct a public
			 meeting at or near the facility for the purpose of receiving oral comment
			 regarding the proposed action, except for a petition submitted by an owner
			 pursuant to a cleanup action completed in accordance with these
			 rules.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0079 - Delisting - Determination by Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director shall consider requests or
			 proposals to remove facilities from the Confirmed Release List or the Inventory
			 submitted in accordance with OAR
			 340-122-0077.
			 The Director shall delist a facility from the Confirmed Release List if the
			 Director determines that a facility does not meet the criteria for inclusion on
			 the Confirmed Release List set forth in OAR
			 340-122-0074(1).
			 The Director shall remove a facility from the Inventory if the Director
			 determines the facility does not meet the criteria for inclusion on the
			 Inventory set forth in OAR
			 340-122-0075(1).
(2) In determining whether to remove a
			 facility from the Confirmed Release List or from the Inventory, the Director
			 shall consider:
(a) Any relevant Confirmed
			 Release List or Inventory delisting petitions submitted pursuant to OAR
			 340-122-0077;
(b) Any public comments submitted on the
			 proposed action pursuant to OAR
			 340-122-0078;
			 and
(c) Any other relevant
			 information available.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0085 - Feasibility Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If, based
			 upon the remedial investigation, the results of a removal, or other
			 information, the Director determines that remedial action might be necessary to
			 protect public health, safety or welfare or the environment, the Director may
			 perform or require to be performed a feasibility study to develop information
			 for selection or approval of a remedial action.
(2) A feasibility study shall develop and
			 evaluate a range of remedial action alternatives acceptable to the Department,
			 including any or all of the following:
(a) No
			 action;
(b) Remedial action
			 utilizing engineering and/or institutional controls;
(c) Remedial action utilizing
			 treatment;
(d) Remedial action
			 utilizing excavation and transportation to an offsite disposal facility;
			 and
(e) Any combination of the
			 above, as appropriate.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0090 - Selection or Approval of the Remedial Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Based on the administrative record, the
			 Director shall select or approve a remedial action that:
(a) Is protective of present and future
			 public health, safety and welfare and of the environment, as specified in OAR
			 340-122-0040;
(b) Is based on balancing of remedy selection
			 factors, as specified in section (3) of this rule; and
(c) Satisfies the requirements for hot spots
			 of contamination, as specified in section (4) of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0100 - Public Notice and Participation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may solicit public input
			 for any of the activities specified in OAR
			 340-122-0050. Such
			 input may include, but is not limited to, information related to:
(a) Current and reasonably likely land
			 use;
(b) Current and reasonably
			 likely beneficial uses of water;
(c) Ecological assessment endpoints;
			 and
(d) Remedial action
			 goals.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0110 - Administrative Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of the Director's selection of a removal or remedial action, and enforcement,
			 cost recovery, or review, if any, related to the Director's action, the
			 administrative record shall consist of the following types of documents
			 generated for a facility up to the time of the Director's action:
(a) Factual information, data, and analyses
			 that form a basis for the Director's action;
(b) The Preliminary Assessment and Remedial
			 Investigational and Feasibility Study, as applicable;
(c) Orders, consent decrees, settlement
			 agreements, work plans, and other decision documents;
(d) Guidance documents and technical
			 literature that form a basis for the Director's action; and
(e) Public comments and other information
			 received by the Department prior to the Director's action, and Department
			 responses to significant comments.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0115 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms not defined in this rule have the meanings set forth in
				ORS 465.200. Additional terms are defined as follows unless the context
				requires otherwise:
(1) "Acceptable
			 risk level" with respect to the toxicity of hazardous substances has the
			 meaning set forth in ORS 465.315(1)(b)(A) and (B) and is comprised of the
			 acceptable risk level definitions provided for carcinogenic exposures,
			 noncarcinogenic exposures, and ecological receptors in sections (2) through (6)
			 of this rule.
(2) "Acceptable risk
			 level for human exposure to individual carcinogens" means:
(a) For deterministic risk assessments, a
			 lifetime excess cancer risk of less than or equal to one per one million for an
			 individual at an upper-bound exposure; or
(b) For probabilistic risk assessments, a
			 lifetime excess cancer risk for each carcinogen of less than or equal to one
			 per one million at the 90th percentile, and less than or equal to one per one
			 hundred thousand at the 95th percentile, each based upon the same distribution
			 of lifetime excess cancer risks for an exposed individual.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0130 - Involuntary Acquisition of Property by the Government

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State or local government ownership or
			 control of property by involuntary acquisition or involuntary transfers within
			 the meaning of ORS 465.255(3)(a)(A) includes, but is not limited to:
(a) Involuntary acquisitions by or transfers
			 to a state or local government entity in its capacity as a sovereign, including
			 transfers or acquisitions pursuant to abandonment proceedings, or as the result
			 of tax delinquency, bankruptcy, or escheat, or other circumstances in which the
			 government involuntarily obtains ownership or control of property by virtue of
			 its function as sovereign;
(b)
			 Acquisitions by or transfers to a state or local government entity or its agent
			 (including governmental lending and credit institutions, loan guarantors, loan
			 insurers, and financial regulatory entities that acquire security interests or
			 properties of failed private lending or depository institutions) acting as a
			 conservator or receiver pursuant to statutory mandate or regulatory
			 authority;
(c) Acquisitions or
			 transfers of assets through foreclosure or its equivalents or other means by a
			 state or local government entity in the course of administering a governmental
			 loan or loan guarantee or loan insurance program; and
(d) Acquisitions by or transfers to a state
			 or local government entity pursuant to seizure or forfeiture
			 authority.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0140 - Exemption for ORS Chapter 709 Trust Companies Acting as Fiduciaries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ORS Chapter
			 709 trust company acting as a fiduciary and holding property in a fiduciary
			 capacity is exempt from personal liability as an "owner or operator" of the
			 property under ORS 465.255(1)(a) and (b) if:
(a) The contamination of the property
			 occurred before establishment of the fiduciary relationship and acceptance of
			 the property by the trust company, and, prior to the establishment of the
			 fiduciary relationship, the trust company did not participate in management of
			 the property as defined in OAR
			 340-122-0120;
			 or
(b) The contamination of the
			 property occurred after establishment of the fiduciary relationship and
			 acceptance of the property by the trust company and the contamination was not
			 the result of an act or omission of the trust company described in section (2)
			 of this rule.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0205 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish the standards and process for the
				investigation, monitoring, and remedial activities necessary to protect public
				health, safety, and welfare and the environment in the event of a release or
				threat of a release from a petroleum UST system subject to ORS 466.705 through
				466.835, 466.994, 465.200 through 465.455, and 465.900.
Stat. Auth.: ORS 465.400 & ORS 466.746
Stats. Implemented: ORS 465.200 - ORS 465.455 & ORS
				  466.706 - ORS 466.835
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES › Section 340-122-0215 - Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 340-122-0205  through
			 340-122-0360  of these rules apply to remediation of leaking petroleum UST systems required
			 or undertaken in accordance with ORS 465.200 et seq. or ORS 466.706, et
			 seq.
(2) Notwithstanding section
			 (1) of this rule and OAR
			 340-122-0360(3),
			 the Department may require that remediation of a release from a petroleum UST
			 system be governed by OAR
			 340-122-0010  through
			 340-122-0115, if,
			 based on the magnitude or complexity of the release or other considerations,
			 the Department determines that application of OAR
			 340-122-0010  through
			 340-122-0115  is
			 necessary to protect the public health, safety, and welfare or the
			 environment.
(3) Remediation of
			 releases from UST systems containing regulated substances, as defined in ORS
			 466.706(16), other than petroleum are governed by OAR
			 340-122-0010  through
			 340-122-0115  or as
			 otherwise provided under applicable law.
(4) Notwithstanding section (1) of this rule,
			 remediation of releases from residential heating oil tanks are governed by OAR
			 340-177-0001  through
			 340-177-0120.
Stat. Auth.: ORS 465.400 & ORS 466.746
Stats. Implemented: ORS 465.200 - ORS 465.455 & ORS
				  466.706 - ORS 466.835