Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 102 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Section 340-102-0011 - Hazardous Waste Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The provisions of this rule replace the requirements of
			 40 C.F.R. §
									262.11.
(2) A person who generates a residue as
			 defined in OAR 340-100-0010 must determine if that residue is a hazardous waste
			 using the following method:
(a) Persons
			 should first determine if the waste is excluded from regulation under
			 40
			 C.F.R. §
										261.4 or OAR
			 340-101-0004;
(b) Persons must then
			 determine if the waste is listed as a hazardous waste in Subpart D of  40 C.F.R.
			 Part 261  ;
(c) Persons must then
			 determine if the waste is listed under the following listings:
(A) The commercial chemical products,
			 manufacturing chemical intermediates, or off-specification commercial chemical
			 products or manufacturing chemical intermediates identified in
			 340-102-0011(2)(c)(A)(i) and (ii)  are added to and made a part of the list in
			 40
			 C.F.R. §
											261.33(e).
(i) P998...Blister agents (such as Mustard
			 agent)
(ii) P999"Nerve agents (such
			 as GB (Sarin) and VX); or
(B) Hazardous waste identified in
			 340-102-0011(2)(c)(B)(i) and (ii)  are added to and made a part of the list in
			 40 C.F.R. §
											261.31.
(i)
			 F998"Residues from demilitarization, treatment, and testing of blister agents
			 (such as Mustard agent).
(ii)
			 F999"Residues from demilitarization, treatment, and testing of nerve agents
			 (such as GB (Sarin) and VX).
NOTE: Even if the waste is listed, the person still has an
				opportunity under OAR 340-100-0022  to demonstrate to the Commission that the
				waste from their particular facility or operation is not a hazardous
				waste.
(d) Regardless of whether a hazardous waste
			 is listed through application of subsections (2)(b) or (2)(c) of this rule,
			 persons must also determine whether the waste is hazardous under Subpart C of
			   40 C.F.R. Part 261   by either:
(A) Testing the
			 waste according to the methods set forth in Subpart C of 40 C.F.R. Part 261, or
			 according to an equivalent method the Department approves under OAR
			 340-100-0021, or
NOTE: In most instances, the Department will not consider
				approving a test method until the EPA approves it.
(B) Applying knowledge of the hazard
			 characteristic of the waste in light of the materials or the processes
			 used.
(e) If the waste
			 is determined to be hazardous, the person must refer to Divisions 100-106 and
			 40 C.F.R. Parts 264, 265, 268 and 273 for possible exclusions or restrictions
			 pertaining to management of the specific waste.
NOTE:
				40 C.F.R. §
											268.3 prohibits diluting a hazardous waste to
				meet Land Disposal Restriction treatment standards. Diluting waste without a
				permit to meet any hazardous waste standard is prohibited.
(f) If the waste is not identified as
			 hazardous by application of subsection (2)(b) or (2)(c), and/or (2)(d) of this
			 rule, persons must determine if the waste is listed under OAR
			 340-101-0033.