Oregon Administrative Code

340-102-0070 Farmers In addition to the provisions of 40 C.F.R. § 262.70, a farmer disposing of waste pesticides from the farmer’s own use which are hazardous wastes must comply with the requirements of division 109 of these rules. Statutory/Other Authority: ORS 183, 459, 466.020…

340-102-0200 Academic Laboratories (1) The reporting provisions of 40 C.F.R 262.41 are deleted and replaced by OAR 340-102-0041(2). (2) The phrase “associated with the container” regulated under 40 C.F.R. 262.206(a)(2), § 262.208(d)(1)(i), § 262.208(d)(2)(i), § 262.210(b)(2), § 2…

340-102-0230 Episodic Generation (1) The provisions of this rule are in addition to the requirements of 40 C.F.R. 262 Subpart L. (2) All episodic generators are required to submit an annual hazardous waste generator report and pay hazardous waste generation fees as required by OA…

340-102-0500 Healthcare Facilities and Reverse Distributors (1) The notification requirements of 40 C.F.R. 266.502(a)(1)(i) and (ii), and 40 C.F.R. 266.510(a)(1)(i) and (ii), are deleted and replaced by DEQ notification requirements for healthcare facilities or reverse distributo…

340-103-0010 Purpose and Applicability (1) This division establishes standards that apply to a person transporting hazardous waste by air or water if the transportation requires a manifest under division 102. (2) Rail and highway transporters must comply with the regulations of t…

340-103-0011 Identification Number In addition to the requirements of 40 CFR 263.11, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and EPA’s identification numbering system (Dun and Bradstree…

340-103-0030 Immediate Action In addition to the requirements of 40 CFR 263.30, a transporter who has discharged hazardous waste must report the discharge to the Oregon Emergency Management Division (Phone 800-452-0311). Statutory/Other Authority: ORS 183, 466 & 468 Statutes/Othe…

340-103-0031 Discharge Clean Up A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard t…

340-104-0001 Purpose, Scope and Applicability (1) This division establishes minimum State standards that define the acceptable management of hazardous waste. (2) A person must also consult 40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in OAR 340-100…

340-104-0003 Relationship to Interim Status (1) The provisions of 40 CFR 264.3 are deleted. (2) An owner or operator of an existing facility which has not been issued a RCRA permit shall comply with the requirements of OAR 340-105-0010. Statutory/Other Authority: ORS 183, 459 & 4…

340-104-0004 Imminent Hazard Action (1) The provisions of section (2) of this rule replace the provisions of 40 CFR 264.4. (2) Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to ORS 466.185 to 466.210. Statutory/Other Authori…

340-104-0011 Identification Number In addition to the provisions of 40 CFR 264.11, as a matter of policy, the Department will accept EPA identification numbers already assigned, use an amended EPA registration form, and use EPA’s identification numbering system (Dun and Bradstree…

340-104-0012 Required Notices The provisions of 40 CFR 264.12(c) regarding transfers of ownership are hereby deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.015 & 466.020 History: DEQ 8-1985, f. & ef. 7-25-85

340-104-0021 General Inspection Provisions (1) The provisions of 40 CFR 264.15(b)(4) and (5) that reference Performance Track are deleted. (2) The provisions of 40 CFR 264.174 that reference Performance Track are deleted. (3) The provisions of 264.195(e) that reference Performanc…

340-104-0029 Unsaturated Zone Monitoring Program An owner or operator may be required to establish an unsaturated zone monitoring program consisting of soil-pore liquid monitoring in the zone immediately below a facility to determine whether hazardous constituents have migrated o…

340-104-0056 Emergency Procedures (1) In 40 CFR 264.56(d) prior to paragraph (1), the phrase “outside the facility” is deleted. (2)(a) The requirements of subsection (2)(b) of this rule replace the provisions of 40 CFR 264.56(d)(2); (b) He must immediately notify either the Depar…

340-104-0074 Availability of Records (1) The provisions of 40 CFR 264.74(a) are replaced with section (2) of this rule. (2) All records, including plans, required under this Division must be furnished upon request, and made available at all reasonable times for inspection, by any…

340-104-0075 Periodic Report (1) The provisions of this rule replace the requirements of 40 CFR 264.75 and 40 CFR 265.75. (2) Through December 31, 1991, the owner or operator of a hazardous waste management facility or recycling facility must prepare and submit an operating repor…

340-104-0143 Financial Assurance for Facility Closure (1) This rule amends the requirements of 40 CFR 264.143. (2) An owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 CFR 264.…

340-104-0145 Financial Assurance for Post-Closure Care (1) This rule amends the requirements of 40 C.F.R. § 264.145. (2)(a) The owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 4…

340-104-0147 Liability Requirements (1) This rule amends the requirements of 40 CFR 264.147. (2) The phrase “…in one or more States” at the end of 40 CFR 264.147(a)(1)(ii) is deleted and replaced with the phrase “…in Oregon.” (3) The phrase “…in one or more States” at the end of …

340-104-0149 Use of State-Required Mechanisms The provisions of 40 CFR 264.149 are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 5-2015, f. & cert. ef. 4-15-15 DEQ 8-1985, f. & ef. 7-25-85

340-104-0150 State Assumption of Responsibility The provisions of 40 CFR 264.150 are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.015 & 466.020 History: DEQ 8-1985, f. & ef. 7-25-85

340-104-0151 Wording of the Instruments (1) This rule amends 40 CFR 264.151. (2) When used in 40 CFR 264.151, the references specified in section (2) of this rule shall be changed as indicated in this section: (a) “The United States Environmental Protection Agency,” “The U.S. Env…

340-104-0220 Applicability to Surface Impoundments (1) The provisions of 40 CFR 264.220 are deleted and replaced with the requirements of section (2) of this rule. (2) The regulations in Subpart K of 40 CFR, Part 264 apply to owners and operators of facilities that use surface im…

340-104-0228 Closure and Post-Closure Care of Surface Impoundments (1) The provisions of 40 CFR 264.228(a)(1), and (c) are deleted and replaced with the requirements of sections (2), (3), and (4) of this rule. (2) At closure, the owner or operator must remove or decontaminate all…

340-104-0258 Closure and Post-Closure Care for Waste Piles The phrase “…but are not required to include the cost of expected closure under paragraph (a) of this section” at the end of 40 CFR 264.258(c)(2) is deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Im…

340-104-0276 Food-Chain Crops (1) In 40 CFR 264.276, the term “animal feed crops” is substituted for the term “food chain crops.” (2) The provisions of 40 CFR 264.276(b)(1) are deleted. NOTE: The state program is more stringent than the federal program in that it does not permit …

340-104-0339 Procedure For Prohibiting the Land Disposal of Any Hazardous Waste (1) The Department may prohibit the Land Disposal of any hazardous waste if in the Department’s judgment there are more environmentally sound beneficial use, reuse, recycle, reclamation, treatment or …

340-104-0340 Applicability to Incinerators The provisions of 40 CFR 264.340(e) are deleted. NOTE: The Department may require the owner or operator to obtain an Air Contaminant Discharge Permit and such permit may establish standards more stringent than required under Subpart 0 of…

340-104-0343 Performance Standards The provisions of 40 CFR 264.343(d) are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 & 466.150 History: DEQ 8-1985, f. & ef. 7-25-85

340-104-1201 Design and Operating Standards (1) The following provisions are added to and made part of the design and operating standards in 40 CFR 264 Subpart EE for units used for the storage of chemical agent munitions and chemical agent bulk items: (a) No later than April 30,…

340-105-0001 Purpose, Scope and Applicability (1) This division establishes basic permitting requirements, such as application requirements, standard permit conditions, monitoring and reporting requirements, and management requirements for existing facilities which have not been …

340-105-0003 Considerations Under Federal Law The provisions of 40 CFR 270.3, and the Remedial Action Plan provisions under 40 CFR 270.2, 270.11(d), 270.42, 270.68, 270.73(a) and 270.79–270.230 are deleted. Statutory/Other Authority: ORS 465.009 & 466.020 Statutes/Other Implement…

340-105-0005 State Program Reporting The provisions of 40 CFR 270.5 are deleted. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.020 History: DEQ 8-1985, f. & ef. 7-25-85

340-105-0010 General Application Requirements and Requirements Applicable to Existing Management Facilities (1) The requirements of sections (2), (3), (4), and (5) of this rule replace the provisions of 40 CFR 270.10(e) to 270.10(i) regarding application requirements. (2) Existin…

340-105-0012 Confidentiality of Information (1) The provisions of this rule replace the provisions of 40 CFR 270.12. (2) An owner, operator, or applicant may claim submitted permit, closure, post-closure, or corrective action information as trade secret pursuant to OAR 340-100-00…

340-105-0013 Contents of Part A of the Permit Application In addition to the requirements of 40 CFR 270.13, Part A of the permit application shall include applicable requirements of division 120 and a statement of compatibility with the acknowledged local comprehensive plan and z…

340-105-0014 Contents of Part B In addition to the information required by 40 CFR 270.14, Part B of the permit application shall include other information pertinent to the facility as may be requested by the Department. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other…

340-105-0020 Specific Part B Information Requirements for Land Treatment Facilities The requirements of 40 CFR 270.20(d) and (e) are applicable to animal feed crops. NOTE: The Department does not allow food-chain crops to be grown in or on the treatment zone of a hazardous waste …

340-105-0021 Specific Part B Information Requirements for Landfills In addition to the information required by 40 CFR 270.21 the following additional information shall be submitted in a Part B application. A detailed report with supporting information justifying the need for the …

340-105-0030 Conditions Applicable to All Permits (1) The phrase “…the appropriate Act…” in the second sentence of 40 CFR 270.30(a) is deleted and replaced with the phrase “…ORS Chapter 466 and OAR 340….” (2)(a) The provisions of 40 CFR 270.30(1)(6)(i) preceding 40 CFR 270.30(1)(…

340-105-0040 Permit Transfers (1) The provisions of 40 CFR 270.40 are amended as follows. (2) In the first sentence in 40 CFR 270.40(b), amend “May be made as a Class 1 modification” to “will be made as a Class 3 modification,” delete the phrase “with prior written approval of th…

340-105-0041 Modification or Revocation and Reissuance of Permits (1) The phrase “or except when Division 120 applies” is added to the end of and made part of the provision in 40 CFR 270.41(c). (2) The duties of the “Director” as described in 40 CFR 270.42 shall be assumed by the…

340-105-0051 Continuation of Expiring Permits (1) The provisions of 40 CFR 270.51 are deleted and replaced with sections (2) and (3) of this rule. (2) The conditions of an expired permit continue in force until the effective date of a new permit if: (a) The permittee has submitte…

340-105-0061 Emergency Permits (1) The provisions of 40 CFR 270.61(b)(4) are deleted and replaced with section (2) of this rule. (2) May be suspended or renewal refused by the Department at any time without prior hearing if it finds a serious danger to the public health, safety o…

340-105-0110 Facility Permit Charges and Fees (1) Any person who is required to have a permit (including new applicants, applicants with permit applications on file as of the effective date of this rule, and permittees with expiring permits) for a Hazardous Waste Management Facil…

340-105-0113 Fee Schedules (1) Management Facility Annual Compliance Determination Fee: (a) Each permitted or interim status Hazardous Waste Management Facility subject to 40 C.F.R. Sections 264, 265, 270 and OAR 340, with an active operating hazardous waste management unit(s), a…

340-105-0115 Interim Status The provisions of 40 CFR 270.70 to 270.73, pertaining to interim status, are not included in the State’s hazardous waste management program. NOTE: State requirements applicable to existing hazardous waste management facilities are identified in rule 34…

340-105-0120 Hazardous Waste Management Fee (1) Every person who operates a facility for the purpose of disposing of hazardous waste or polychlorinated biphenyl (PCB) that is subject to interim status or a permit issued under ORS Chapter 466 shall pay a monthly hazardous waste ma…