Oregon Administrative Code

340-097-0120 Permit/Registration Categories and Fee Schedule (1) For purposes of OAR chapter 340, division 97: (a) A "new facility" means a facility at a location not previously used or permitted, and does not include an expansion to an existing permitted site; (b) An "off-site i…

340-098-0000 Applicability (1) OAR 340-098-0000 to OAR 340-098-0270 prescribe requirements for electronics producer responsibility programs under ORS 459A.305 to 459A.355. OAR 340-098-0100 to OAR 340-098-0200 are in effect until and including December 31, 2025. OAR 340-098-0230 t…

340-098-0010 Definitions (1) For purposes of OAR Chapter 340, Division 98: (a) “DEQ” means the Department of Environmental Quality. (b) “Fiscal year” means the period beginning on July 1 of any year and ending on June 30 of the next year. (2) Terms used in OAR 340-098-0100 throug…

340-098-0100 Revenue Need Until and Including December 31, 2025 (1) Revenue need. The revenue need for the fiscal year beginning: (a) July 1, 2012 is $415,000; (b) July 1, 2013 is $435,000; (c) July 1, 2014 is $435,000; and (d) July 1, 2015 and for subsequent fiscal years until a…

340-098-0150 Registration Fees Until and Including 2025 Section (1) describes generally how DEQ determines registration fees until and including December 31, 2025, and sections (2) through (4) provide the specific process for determining registration fees until and including Dece…

340-098-0200 Market Share Notifications Until and Including 2025 (1) Preliminary determination. Beginning in 2013 and each year thereafter until and including 2025, DEQ will make a preliminary determination of each manufacturer’s market share and fee tier for that fiscal year and…

340-098-0230 Market Share Notifications Beginning 2026 (1) Preliminary market share. Beginning in 2026 and each year thereafter, DEQ will make a preliminary determination of each manufacturer’s market share for the program year and notify each manufacturer of that determination. …

340-098-0235 Electronics Producer Responsibility Organization Fees (1) Each electronics producer responsibility organization must pay the fees in this rule to DEQ. (2) Plan review fee. (a) The plan review fee for an initial plan submitted by an electronics producer responsibility…

340-098-0240 Program Plans (1) DEQ may require a prospective electronics producer responsibility organization to submit a letter of intent to DEQ declaring the electronics producer responsibility organization’s intention to submit a program plan for the implementation of an elect…

340-098-0245 Environmentally sound management practices (1) Standards for environmentally sound management practices. Unless approved otherwise by DEQ under subsection (3), an electronics producer responsibility organization must provide environmentally sound management practices…

340-098-0250 Fair Financial Compensation (1) In offering compensation to collection sites, an electronics producer responsibility organization shall review the costs of collecting, storing, managing and transporting covered electronic devices across a range of Oregon collection s…

340-098-0255 Annual Reports (1) Unless directed otherwise by DEQ, an electronics producer responsibility organization must submit an annual report on the activities of its electronics producer responsibility program in a given calendar year by March 1 of the following year. (2) A…

340-098-0260 Coordinating Body (1) DEQ may require a prospective coordinating body to submit a letter of intent and information to help DEQ evaluate the prospective coordinating body’s ability to serve as a coordinating body. (2) If electronics producer responsibility organizatio…

340-098-0265 Product Categories Beginning in 2026, the product categories for purposes of sorting covered electronic devices at collection and calculating market share are: (1) Category 1 includes desktop computers, portable computers, and small-scale servers; (2) Category 2 incl…

340-098-0270 Manufacturer Obligation Calculation (1) A coordinating body, or an electronics producer responsibility organization if a coordinating body is not designated, must annually calculate each manufacturer’s manufacturer obligation by: (a) Multiplying the manufacturer’s ma…

340-098-0300 Requirements for a Drug Take-Back Program Plan and Updated Plan (1) DEQ may require a proposed drug take-back program plan and updated program plan submitted under ORS 459A.209 to include the Oregon Board of Pharmacy registration number issued for each covered manufa…

340-098-0350 Services and Collection Events in Place of a Required Drop-Off Site In determining whether to grant a waiver under ORS 459A.209(3), or to approve additional services and collection events in place of a drop-off site under ORS 459A.218(3), DEQ will consider whether th…

340-098-0370 Delegation of Authority DEQ, on behalf of the Environmental Quality Commission, may undertake any action ORS 459A.239 authorizes. Statutory/Other Authority: ORS 468.020, ORS 468.065, ORS 459A.266 & HB 3273 (2019) Statutes/Other Implemented: ORS 459A.203, ORS 459A.209…

340-098-0390 Fees (1) Each program operator must pay the fees in this rule to DEQ. (2) Plan review fee. (a) The plan review fee is $75,000. (b) A program operator must pay the plan review fee for each plan it submits under ORS 459A.209(1). (3) Annual fee. (a) Amount of annual fee…

340-098-0400 Annual Fee The stewardship organization will pay DEQ an annual fee as follows: (1) The annual fee due on July 1, 2024, is $205,000. (2) The annual fee due on July 1, 2025, and in subsequent years, is $200,000. (3) Beginning July 1, 2026, DEQ may reduce the fee in a g…

340-098-0420 Delegation of Authority to Determine Additional Reporting Requirements Under Section 6(5)(a)(B) of SB 1576 (2022), DEQ may require a stewardship organization to meet additional reporting requirements that DEQ determines by order that may be appropriate to avoid futur…

340-098-0440 Stewardship Organization Submissions (1) Goals (a) For purposes of the mattress stewardship program, reuse has the meaning provided by ORS 459.005(24). (b) In establishing performance goals pursuant to Section 4(1)(g) of SB 1576 (2022), a stewardship organization mus…

340-098-0460 Notification of Changes In addition to the notifications required by Section 7(3) of SB 1576, a stewardship organization will notify DEQ no less than once per month, of the following changes to an approved plan: (1) A change in the retailers that are registered with …

340-098-0480 Website Information (1) A stewardship organization must make any changes to required information on the stewardship organization’s website within three business days of the stewardship organization learning of the change. If the stewardship organization is unable to …

340-100-0001 Purpose and Scope (1) The Department of Environmental Quality finds that increasing quantities of hazardous waste are being generated in Oregon. That waste, without adequate safeguards, can create conditions that threaten public health and the environment. It is ther…

340-100-0002 Adoption of United States Environmental Protection Agency Hazardous Waste and Used Oil Management Regulations (1) Except as otherwise modified or specified by OAR 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142, the Commission adopts by reference, and requ…

340-100-0003 Public Disclosure and Confidentiality (1) The provisions of this rule replace the provisions of 40 C.F.R. § 260.2. (2) All records, reports, and information submitted pursuant to the hazardous waste statutes, rules, and regulations are open for public inspection and …

340-100-0004 Table of Contents, Divisions 100 to 120 The following Divisions including the incorporation of regulations in 40 C.F.R. Parts 260 to 268, 270 and 124, comprise the Oregon hazardous waste management program: DIVISION — SUBJECT: 100 — Hazardous Waste Management System:…

340-100-0005 Public Availability of Information (1) Upon request, the Department shall make available Department records regarding facilities and sites for the treatment, storage, and disposal of hazardous waste, in accordance with ORS 192.410 through 192.500. (2) Within 20 days …

340-100-0010 Definitions (1) The definitions in this rule modify, or are in addition to, the definitions contained in 40 C.F.R. § 260.10 and as specified below. (2) When used in divisions 100 to 110 and 120 of this chapter, the following terms have the meanings given below: (a) "…

340-100-0020 Petitions, General (1) Any person may petition the Department to approve an equivalent testing or analytical method or may petition the Commission to exclude a waste produced at a particular facility. This rule sets forth general requirements which apply to all such …

340-100-0021 Petitions for Equivalent Testing or Analytical Methods (1) Any person seeking to add a testing or analytical method to OAR 340, division 101, 104 or 105 shall petition under this rule and OAR 340-100-0020. (2) Persons submitting petitions shall comply with the requir…

340-100-0022 Petitions to Amend Division 101 to Exclude a Waste Produced at a Particular Facility (1) Any person seeking to exclude a waste at a particular generating facility from the lists in Subpart D of Part 261 shall petition under this rule and OAR 340-100-0020. (2) Persons…

340-100-0042 Variance Reporting (1) The provisions of this rule replace the provisions of 40 C.F.R. § 260.42(a) and § 260.42(a)(5). (2) The provisions of § 260.42(a)(5) are removed and reserved. (3) Facilities managing materials under a variance must send a notification prior to …

340-100-0043 Legitimacy Criteria The provisions of this rule replace the provisions of 40 C.F.R. § 260.43(a)(3) “Where there is an analogous raw material, the hazardous secondary material must be “contained,” at a minimum, in a manner consistent with the management of the raw mat…

340-101-0001 Purpose and Scope (1) This division identifies those residues which are subject to regulation as hazardous wastes under divisions 100 to 106, 109, 111, 113, 124 and 142 of this chapter. (2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273, and 279…

340-101-0004 Exclusions (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 labe…

340-101-0007 Special Requirements For Hazardous Waste Generated By Very Small Quantity Generators (1) The provision of 40 C.F.R. 262.14(a)(5)(iv) and (v) and 40 C.F.R. 262.13(f)(1)(iii)do not apply to generators of hazardous waste, including dry cleaning wastewater, generated fro…

340-101-0030 Chemical Agent Munitions and Chemical Agent Bulk Items Notwithstanding any otherwise applicable provisions of 40 C.F.R. Parts 260 to 268, 270, or other provisions of these rules, chemical agent munitions and chemical agent bulk items in storage as of the effective da…

340-101-0033 Additional Hazardous Wastes (1)(a) This section applies to residues that have been determined not to be hazardous waste under 40 C.F.R. 261, Subparts C and D. (b) This section does not apply to residues that have been identified as hazardous waste under 40 C.F.R. 261…

340-101-0040 Wastes Requiring Special Management (1) Abrasive Blast Waste Containing Pesticides. Abrasive blast waste which contains pesticides that do not meet the criteria specified in 40 CFR Part 261, Subpart C, is not a federal hazardous waste for any other reason, and fails …

340-101-0050 Standards for Materials Being Recycled Reserved Statutory/Other Authority: ORS 183.337, 465.009, 466.020 & 468.020 Statutes/Other Implemented: ORS 466.015, 466.075 & 466.086 History: DEQ 13-2003, f. & cert. ef. 10-24-03 DEQ 4-1999, f. & cert. ef. 3-19-99

340-102-0010 Purpose, Scope and Applicability (1) This division establishes standards for hazardous waste generators. (2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273 and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applic…

340-102-0011 Hazardous Waste Determination (1) The provisions of this rule are in addition to 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:…

340-102-0018 Identification Number and Verification In addition to the provisions of 40 C.F.R. 262.18, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and identification numbering system (Dun a…

340-102-0034 Accumulation Time, Container and Tank Management Standards (1) In addition to the requirements of 40 C.F.R. 262.17, a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that, if storing in excess of 100 containers, the wast…

340-102-0040 Recordkeeping (1) The provisions of section (2) of this rule replace the requirements of 40 CFR 262.40(b). (2) A generator must keep a copy of reports submitted to the Department under OAR 340-102-0041 and under 40 CFR 262.42(b) for a period of at least three years f…

340-102-0041 Generator Reporting (1) The provisions of this rule replace the requirements of 40 C.F.R. 262.41 and 262.18. (2) A person producing at any time more than one kilogram of acutely hazardous waste, a total of more than 100 kilograms of hazardous waste in a calendar mont…

340-102-0050 International Shipments (1) Any person who is required to comply with 40 CFR 262.50 through 262.58 shall also comply with section (2) of this rule. (2) When shipping hazardous waste outside the United States, the generator must notify the Department in writing in acc…

340-102-0065 Hazardous Waste Generator Fees (1)(a) A person must pay an annual hazardous waste generation fee if that person: (A) Generates more than 100 kilograms (220 pounds) of hazardous waste in any calendar month, or (B) Generates more than 1 kilogram (2.2 pounds) of acutely…