Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 96 - SOLID WASTE: PERMITS SPECIAL RULES FOR SELECTED SOLID WASTE DISPOSAL SITES, WASTE TIRE STORAGE SITES AND WASTE TIRE CARRIERS › Section 340-096-0160 - Special Rules Pertaining to Conversion Technology: Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 OAR
			 340-096-0160  to
			 340-096-0200,
			 apply to all conversion technology facilities.
(2) No person may construct or operate a
			 conversion technology facility except as provided in this rule.
(3) All conversion technology facilities must
			 comply with the performance standards of OAR
			 340-096-0170  including those facilities not required to obtain a permit or registration.
(4) The following conversion
			 technology facilities are exempt from the application, operations plan,
			 registration, and permit requirements of OAR
			 340-093-0070,
			 340-096-0180,
			 340-096-0190,
			 and
			 340-096-0200  unless the department determines the conversion technology facility may
			 adversely affect human health or the environment:
(a) Any conversion technology facility
			 receiving less than 20 tons of solid waste for processing during any calendar
			 year;
(b) Any conversion
			 technology facility that satisfies all of the following criteria:
(A) Less than one percent by weight of the
			 waste received by the facility is putrescible;
(B) All feedstocks received are
			 source-separated for recovery or have been separated at a material recovery
			 facility to include only the material or group of materials that are compatible
			 with the conversion technology process used at the facility, and do not include
			 mixed solid waste such as auto and appliance shredder wastes or paper, plastic
			 or other materials that have not been separated from each other;
(C) The facility either has no discharges of
			 liquids to the ground or to the waters of this state, or has a permit issued
			 under ORS 468B.050 and all applicable requirements of OAR Chapter 340 Divisions
			 93 through 97 have been met;
(D)
			 The facility either has no discharges of contaminants to the air, or has a
			 permit issued under ORS 468A.040 and all applicable requirements of OAR Chapter
			 340 Divisions 93 through 97 have been met;
(E) The facility does not routinely charge a
			 tip fee for the feedstocks used by the conversion technology; and
(F) The person who has established or who is
			 proposing to establish the conversion technology facility can demonstrate that
			 the facility operation will be able to comply with the performance standards in
			 OAR
			 340-096-0170  based on actual operations data from an existing facility using similar
			 technology, and continues to comply with those standards.
(c) The owner or operator of a facility
			 claiming an exemption under subsection (b) of this section must notify the
			 department, on a form approved by the department, of the intent to construct a
			 conversion technology facility and the location proposed for the construction,
			 no less than 30 days prior to beginning construction.
(d) Used oil processing facilities that have
			 registered with the department as a used oil processor or refiner under  40 CFR 279.51, where used oil processing is their only conversion technology activity;
(e) Any conversion technology
			 facility that primarily processes crops grown for energy production, where the
			 percentage of solid waste received by the facility as feedstock, excluding
			 sawdust and vegetative crop residue such as corn stover, wheat straw, mint
			 slugs, and onion skins, is less than 5 percent of the total feedstock processed
			 by the facility or less than 1,000 tons per year, whichever is smaller;
(f) Facilities that hold an animal
			 rendering license from the Oregon Department of Agriculture, provided that all
			 the applicable requirements of OAR chapter 340 Divisions 93-97 are met; and
(g) Facilities that accept fats,
			 oils, and greases for the production of biodiesel, provided that:
(A) The facility complies with applicable
			 storage and collection requirements in OAR
			 340-093-0210,
			 and
(B) The facility complies with
			 the performance standards in OAR
			 340-096-0170.