Oregon Administrative Code

340-105-0125 Corrective Action Cost Recovery (1) Each permittee required by the Department to perform corrective action elements, including but not limited to: obtaining a permit pursuant to hazardous waste requirements; permit changes, revisions, substitutions, equivalency demon…

340-105-0130 Facility Fee Late Charges and Collections (1) For all fees and charges set forth in chapter 340, division 105, a late charge equal to ten percent of the fee due shall be assessed if the fees are not received by the Department on the due date shown on the invoice. An …

340-105-0140 General Inspection Provisions (1) The provisions of 40 C.F.R. § 265.15(b)(4) and (5) that reference Performance Track are deleted. (2) The provisions of 40 C.F.R. § 265.174 that reference Performance Track are deleted. (3) The provisions of 40 C.F.R. § 265.195(d) tha…

340-106-0001 Purpose and Scope (1) This division establishes the procedures for issuing, modifying, revoking and reissuing, or terminating, all hazardous waste permits other than hazardous waste emergency permits and hazardous waste permits by rule. NOTE: Although the permit appl…

340-106-0002 Requirements Not Applicable The provisions of 40 CFR 124.1, 124.4, 124.9, 124.10(e), 124.13, 124.14(c), 124.15(b), 124.16, 124.17(b), 124.18, 124.19, 124.20 and 124.21 are deleted and not part of Division 106. Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Ot…

340-106-0003 Recommendations by State Agencies on Waste Disposal Facility Applications (1) In addition to the requirements of 40 CFR 124.3 applicable to RCRA permits, the provisions of section (2) of this rule shall be followed. (2) The Commission shall cause copies of disposal s…

340-106-0004 Application Review The requirements of 40 C.F.R. §124.3 are amended as specified by sections (1), (2), and (3) of this rule: (1) Each application from either an existing or new hazardous waste management facility for a permit will be reviewed for completeness by the …

340-106-0005 Modification, Revocation and Reissuance, or Termination of Permits (1) The provisions of 40 CFR 124.5(b) are deleted and replaced with subsections (1)(a), (b), and (c) of this rule: (a) If the permitting body decides the request is not justified, it shall send the re…

340-106-0006 Draft Permits The requirements of 40 CFR 124.6(e) are modified by deleting the sentence “For RCRA, UIC or PSD permits, … under 124.74.” Statutory/Other Authority: ORS 183, 459 & 468 Statutes/Other Implemented: ORS 466.140 History: DEQ 8-1985, f. & ef. 7-25-85

340-106-0012 Public Hearings on Disposal Facility Draft Permits In addition to the provisions of 40 CFR 124.12, the requirements of sections (1) and (2) of this rule are applicable to hazardous waste disposal facilities: (1) The Commission shall conduct a public hearing in the co…

340-109-0001 Purpose and Applicability (1) This division specifies procedures for managing pesticide residues and empty pesticide containers. This division does not apply to any federally regulated pesticide waste, including waste regulated under 40 C.F.R. Part 273. NOTE: Althoug…

340-109-0010 Pesticide Residue Waste Management (1) A person producing pesticide-containing material from any pesticide operation or pesticide management shall make every effort to beneficially use or reuse such material to the extent permissible under federal and state law. Pers…

340-109-0020 Empty Container Management (1) Empty rigid pesticide containers, including but not limited to cans, pails, buckets or drums constructed of metal, plastic, glass, or fiber may be managed as ordinary solid waste and decontaminated, verified and altered as follows: (a) …

340-110-0001 Purpose, Scope and Applicability (1) The purpose of this division is to establish requirements for the storage, treatment, disposal and marking prior to disposal of PCB and PCB items. (2) These regulations are in addition to and do not preempt any local, state or fed…

340-110-0003 Definitions (1) The definitions of the following sections are added to 40 CFR 761.3. (2) The definitions of OAR 340-100-0010. (3) For the purpose of this Division: (a) “Agency’s Regional Administrator in the EPA Region in Which the PCBs are Located” means the Departm…

340-110-0020 Manufacturing, Processing, Distribution in Commerce and Use of PCB and PCB Items The provisions of 40 CFR 761.20 through 761.35 are deleted. NOTE: 40 CFR 761.20(e) is adopted by reference with the adoption of 40 CFR, Part 279 (Used Oil Management Regulations) in OAR …

340-110-0040 Marking of PCB and PCB Items The provisions of 40 CFR 761.40 through 761.59 are applicable only as they relate to items removed from service for disposal. Statutory/Other Authority: ORS 183 & 459 Statutes/Other Implemented: ORS 466 History: DEQ 12-1986, f. & ef. 5-20…

340-110-0060 Treatment and Disposal (1) Sections (2)–(4) of this rule are added to the provisions of 40 CFR 761.60(a). (2) “PCB disposal facility” includes a facility for treatment or disposal of PCB or PCB items. (3) No person shall treat or dispose of PCB or PCB items except at…

340-110-0061 Additional Disposal Requirements (1) Section (2) of this rule is added to the provisions of 40 CFR 761(a). (2) Spills, leaks and other uncontrolled discharges of PCB constitute disposal of PCB and shall be reported and managed in accordance with division 142. (3) Sec…

340-110-0065 Storage for Disposal (1) The provisions of 40 CFR 761.65(c)(7)(ii) are replaced by section (2) of this rule. (2) The owners or operators of any facility using containers described in CFR 761.65(c)(7)(i) shall prepare and implement a Spill Prevention Control and Count…

340-110-0070 Incineration (1) The Commission shall not issue a permit for any facility designed to dispose of PCB by incineration unless: (a) The facility is also equipped to incinerate hazardous waste; and (b) The applicant has received all federal and state permits required to …

340-110-0075 Landfilling (1) Section (2) of this rule is added to the provisions of 40 CFR 761.75(c)(1). (2) Information which shows that Subparts B, C, D, F, G, H and N of 40 CFR 264 will be met when applied to PCB landfills. (3) The provisions of 40 CFR 761.75(c)(7) are replace…

340-110-0077 Permits (1) The procedures and requirements of divisions 105 and 120 shall be followed by an applicant for a PCB disposal facility permit. (2) The procedures of divisions 106 and 120 will be followed when issuing permits required by this Division. Statutory/Other Aut…

340-110-0080 Records and Monitoring The provisions of 40 CFR 761.185 through 761.193 are deleted. Statutory/Other Authority: ORS 466.020, 466.075 & 468.020 Statutes/Other Implemented: ORS 466.105 & 466.195 History: DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91) DEQ 12…

340-111-0000 Purpose and Scope (1) The purpose of this Division is to provide used oil management standards for generators, transporters, transfer facilities, processors and re-refiners, burners and marketers of used oil. (2) Persons must consult 40 CFR, Part 279 and associated F…

340-111-0010 Applicability (1) In addition to provisions under 40 C.F.R. § 279.10, the following provisions under sections (2) through (5) of this rule shall apply. (2) Mixtures and residues of used oil and other wastes: (a) Used oil or materials containing used oil destined for …

340-111-0020 Definitions (1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 279.1, OAR 340-100-0010 and 340-142-0005. (2) When used in Division 111 of this Chapter, the following terms have the meanings given bel…

340-111-0030 Prohibitions In addition to the provisions in 40 CFR 279.12, the following provisions shall apply: (1) The use of used oil as a pesticide is prohibited. (2) Disposal at a solid waste disposal facility of liquid used oil or used oil purposely mixed with other material…

340-111-0032 Used Oil Storage In addition to the provisions in 40 CFR 279.22, used oil generators shall comply with sections (1) and (2) of this rule: (1) Used oil shall be stored following applicable state and local Fire Marshal regulations. (2) Containers and tanks used to stor…

340-111-0035 On-Site Burning in Space Heaters In addition to the provisions in 40 CFR 279.23, used oil generators shall comply with the following: The on-site space heater is operated according to manufacturers specifications. Statutory/Other Authority: ORS 192, 465.009, 466.015,…

340-111-0037 Off-Site Shipments The provisions in 40 CFR 279.24(a)(1) and (b)(1) are replaced with the following: The generator transports the used oil in a vehicle owned or leased by the generator or owned by an employee of the generator. Statutory/Other Authority: ORS 192, 465.…

340-111-0040 Notification 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 ha…

340-111-0050 Used Oil Discharges and Releases 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. Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075…

340-111-0060 Reporting 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 activitie…

340-111-0070 Disposal (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 additio…

340-113-0000 Purpose and Scope (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 340-1…

340-113-0010 Applicability 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): Waste pesticides as defined in OAR 340-109-0010(2)(a), and pesticide…

340-113-0020 Definitions 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:…

340-113-0030 Standards for Small and Large Quantity Handlers of Universal Waste (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 Sub…

340-113-0040 Standards for Off-Site Collection Sites (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 3…

340-113-0050 Standards for Destination Facilities (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 …

340-113-0060 Petitions to Include Other Wastes Under OAR 340-113 (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 was…

340-113-0070 Pesticide Collection Programs (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…

340-120-0001 Purpose and Applicability (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 div…

340-120-0005 Permitting Procedure (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 U…

340-120-0010 Contents of an Authorization to Proceed Request (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…

340-120-0015 Land Use Compatibility Findings (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, …

340-120-0020 Community Participation (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 i…

340-120-0025 Off-Site Transportation Emergencies 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 mil…

340-122-0010 Purpose (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, an…