Department of Environmental Quality, Chapter 340
Rule Caption: Hazardous Waste F Listing of Demilitarization Residue — Temporary
Adm. Order No.: DEQ 6-2013(Temp)
Filed with Sec. of State: 8-14-2013
Certified to be Effective: 8-14-13 thru 2-10-14
Notice Publication Date:
Rules Amended: 340-102-0011
Subject: DEQ proposes a temporary rulemaking to modify when the hazardous waste “F” listing applies to demilitarization residue that is determined to be free of blister and nerve agents as determined in accordance with the facility permit.
Rules Coordinator: Maggie Vandehey—(503) 229-6878
Hazardous Waste Determination
(1) The provisions of this rule replace the requirements of 40 CFR 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 CFR 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 CFR 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 CFR 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 CFR 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 generator still has an opportunity under OAR 340-100-0022 to demonstrate to the Commission that the waste from his/her particular facility or operation is not a hazardous waste.
(C) Notwithstanding OAR 340-100-0010(2)(g) and 340-102-0011(2)(c)(B)(i) and (ii), debris, as defined in 40 CFR 268.2(g), generated from demolition during closure processes and activities at the Umatilla Chemical Agent Disposal Facility (ORQ 000009431) is not F998 or F999 hazardous waste until containerized, provided the following conditions are met:
(i) The debris is free of blister and nerve agent, as determined in accordance with the facility permit;
(ii) The debris does not contain hazardous constituents at levels above otherwise applicable treatment standards; and
(iii) The debris is containerized before leaving the facility.
(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 CFR Part 261 by either:
(A) Testing the waste according to the methods set forth in Subpart C of 40 CFR 261, or according to an equivalent method approved by the Department under OAR 340-100-0021.
NOTE: In most instances, the Department will not consider approving a test method until it has been approved by EPA.
(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 generator must refer to Divisions 100-106 and 40 CFR Parts 264, 265, 268 and 273 for possible exclusions or restrictions pertaining to management of his/her specific waste.
NOTE: 40 CFR 268.3 prohibits dilution of 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.
(3) A person who generates a residue, as defined in OAR 340-100-0010(2)(ee), must keep a copy of the documentation used to determine whether the residue is a hazardous waste, under section (2) of this rule, for a minimum of three years after the waste stream is no longer generated, or as prescribed in 40 CFR 262.40(c). If no documentation is created in making the wastestream determination, then no new documentation need be created.
Stat. Auth.: ORS 466.020 & 466.180
Stats. Implemented: ORS 466.015 & 466.195
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 24-1992, f. 10-23-92, cert. ef. 11-1-92; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03; DEQ 6-2013(Temp), f. & cert. ef. 8-14-13 thru 2-10-14
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