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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 100

HAZARDOUS WASTE MANAGEMENT

Hazardous Waste Management System: General

340-100-0001

Purpose and Scope

(1) The Department finds that increasing quantities of hazardous waste are being generated in Oregon which, without adequate safeguards, can create conditions that threaten public health and the environment. It is therefore in the public interest to establish a comprehensive program to provide for the safe management of such waste.

(2) The purpose of the management program contained in OAR chapter 340, divisions 100 to 110, 120, 124 and 142 is to control hazardous waste from the time of generation through transportation, storage, treatment and disposal. Toxics use reduction, hazardous waste reduction, hazardous waste minimization, beneficial use, recycling and treatment are given preference to land disposal. To this end, the Department intends to minimize the number of disposal sites and to tightly control their operation.

(3) OAR chapter 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142 incorporated, by reference, hazardous waste management regulations of the federal program, included in 40 CFR Parts 260 to 266, 268, 270, 273 and Subpart A and Subpart B of Part 124, into Oregon Administrative Rules. Therefore, persons must consult these parts of 40 CFR in addition to OAR chapter 340, divisions 100 to 106, 109, 111, 113, 120, 124 and 142 to determine all applicable hazardous waste management requirements.

(4) A secondary purpose is to obtain EPA Final Authorization to manage hazardous waste in Oregon in lieu of the federal program.

Stat. Auth.: ORS 466.020, ORS 466.075, ORS 466.105, ORS 466.195 & 468.020
Stats. Implemented: ORS 466.010, ORS 466.035 & ORS 465.006
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 11-1998, f. & cert. ef. 6-26-98; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 13-2002, f. & cert. ef. 10-9-02

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 rules and regulations governing the management of hazardous waste, including its generation, transportation, treatment, storage, recycling and disposal, prescribed by the United States Environmental Protection Agency in Title 40 Code of Federal Regulations, Parts 260 to 266, 268, 270, 273 and Subpart A and Subpart B of Part 124 promulgated through July 1, 2007, and including the rules promulgated July 14, 2006 at 71 Federal Register 40254-40280 and July 28, 2006 at 71 Federal Register 42928-42949, except the amendments to 40 CFR Parts 124, 260, 261, 262, 264, 265, 267, and 270 as promulgated at 63 Federal Register 56710-56735, October 22, 1998, 65 Federal Register 30886-30913, May 15, 2000, 69 Federal Register 21737-21754, April 22, 2004, 69 Federal Register 62217-62224, October 25,2004, and 70 Federal Register 53420-53478, September 8, 2005, are adopted by reference and prescribed by the Commission to be observed by all persons subject to ORS 466.005 to 466.080 and 466.090 to 466.215.

(2) Except as otherwise modified or specified by OAR 340, division 111, the rules and regulations governing the standards for the management of used oil, prescribed by the United States Environmental Protection Agency in Title 40 Code of Federal Regulations, Part 279 promulgated through July 24, 2002, are adopted by reference into Oregon Administrative Rules and prescribed by the Commission to be observed by all persons subject to ORS 466.005 to 466.080 and 466.090 to 466.215.

COMMENT: The Department uses the federal preamble accompanying the federal regulations and federal guidance as a basis for regulatory decision-making.

Stat. Auth.: ORS 465.009, 466.020 & 465.505
Stat. Implemented: ORS 465.003, 465.009, 466.005, 466.075, 466.105 & 465.505
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 10-1987, f. & ef. 6-11-87; DEQ 23-1987, f. & ef. 12-16-87; DEQ 19-1988, f. & cert. ef. 7-13-88; DEQ 12-1989, f. & cert. ef. 6-12-89; 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 11-1993, f. & cert. ef. 7-29-93; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 31-1994(Temp), f. 12-6-94, cert. ef. 12-19-94; DEQ 11-1995, f. & cert. ef. 5-19-95; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 14-1997, f. & cert. ef. 7-23-97; DEQ 11-1998, f. & cert. ef. 6-26-98; DEQ 26-1998(Temp), f. & cert. ef. 11-3-98 thru 3-19-99; DEQ 4-1999, f. & cert. ef. 3-19-99; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03; DEQ 8-2005, f. & cert. ef. 7-14-05; DEQ 2-2009, f. & cert. ef. 6-25-09

340-100-0003

Public Disclosure and Confidentiality

(1) The provisions of this rule replace the provisions of 40 CFR 260.2.

(2) All records, reports, and information submitted pursuant to the hazardous waste statutes, rules, and regulations are open for public inspection and copying except as provided in sections (3) to (7) of this rule. Provided however, that nothing in this rule is intended to alter any exemption from public disclosure or public inspection provided by any provision of ORS Chapter 192 or other Oregon law.

(3)(a) Records, reports, and information submitted pursuant to the hazardous waste statutes, rules, and regulations may be claimed as trade secret by the submitted in accordance with ORS 192.410 through 192.505 and 466.090.

(b) The Department shall designate a Document Control Officer for the purpose of receiving, managing, and securing confidential information. The following information shall be secured by the Document Control officer:

(A) Claimed trade secret information until the claim is withdrawn by the submitter, determined not to be confidential under section (6) of this rule, or invalidated;

(B) information determined to be trade secret; and

(C) any other information determined by court order or other process to be confidential.

(c) All Uniform Hazardous Waste Manifest information submitted on any required report pursuant to the hazardous waste statutes, rules, and regulations is publicly available and is not subject to trade secret confidentiality claims.

(d) Claims of confidentially for the name and address of any permit applicant or pemittee will be denied.

(4) The following procedures shall be followed when a claim of trade secret is made:

(a) Each individual page of any submission that contains the claimed trade secret information must be clearly marked as "trade secret," "confidential," "confidential business information," or equivalent. If no claim by appropriate marking is made at the time of submission, the submitter may not afterwards make a claim of trade secret.

(b) A late submission of the trade secret substantiation will invalidate the trade secret claim. Written substantiation in accordance with paragraph (4)(d) of this rule:

(A) Must accompany any information submitted pursuant to OAR 340-102-0012, 340-102-0041, 340-104-0075, 340-105-0010, 340-105-0013, 340-105-0014, 340-105-0020, 340-105-0021, 40 CFR 262.12, 264.11, 265.11 or 270.42, or

(B) For all other information submitted to the Department, written substantiation must be provided pursuant to subsection 5 of this rule.

(c) Trade secret information must meet the following criteria:

(A) Not the subject of a patent;

(B) Only known to a limited number of individuals within an organization;

(C) Used in a business which the organization conducts;

(D) Of potential or actual commercial value; and

(E) Capable of providing the user with a business advantage over competitors not having the information.

(d) Written substantiation of trade secret claims shall address the following:

(A) Identify which portions of information are claimed trade secret.

(B) Identify how long confidential treatment is desired for this information.

(C) Identify any pertinent patent information.

(D) Describe to what extent the information has been disclosed to others, who knows about the information, and what measures have been taken to guard against undesired disclosure of the information to others.

(E) Describe the nature of the use of the information in business.

(F) Describe why the information is considered to be commercially valuable.

(G) Describe how the information provides a business advantage over competitors.

(H) If any of the information has been provided to other government agencies, identify which one(s).

(I) Include any other information that supports a claim of trade secret.

(e) A public version of the document containing the claimed trade secret information must be submitted at the time the trade secret substantiation is required as provided in subsection (4)(b)(A) and subsection (5)(a) of this rule.

(5)(a) Written trade secret substantiation as required under subsection (4)(b)(B) and a public version of the information as required by subsection (4)(e) shall be provided within 15 working days of receipt of any Department request for trade secret substantiation or the public version of the information. The Department may extend the time, either at the Department's initiative or the claimant's request, up to an additional 30 consecutive days in order to provide the substantiation and public version, if the complexity or volume of the claimed trade secret information is such that additional time is required for the claimant to complete the response. The Department shall request the written trade secret substantiation or the public information version if:

(A) A public records request is received which would reasonably include the information, if the information were not declared as trade secret, or

(B) It is likely that the Department eventually will be requested to disclose the information at some future time and thus have to determine whether the information is entitled to trade secret confidentiality. This includes information that relates to any permit, corrective action, or potential violation information.

(6) When evaluating a trade secret claim the Department shall review all information in its possession relating to the trade secret claim to determine whether the trade secret claim meets the requirements for trade secret as specified in paragraphs (4)(c) and (4)(d) of this rule. The Department shall provide written notification of any final trade secret decision and the reason for it to the person submitting the trade secret claim within 10 working days of the decision date.

(a) If the Department or the Attorney General determines that the information meets the requirements for trade secret, the information shall be maintained as confidential.

(b) If the Department determines that the information does not meet the requirements for trade secret, the Department shall request a review by the Attorney General. If the Attorney General determines that the information does not meet the requirements for trade secret, the Department may make the information available to the public no sooner than 5 working days after the date of the written notification to the person submitting the trade secret claim.

(c) A person claiming information as trade secret may request the Department to make a trade secret determination. The person must submit the written substantiation in accordance with paragraph (4)(d) of this rule and the public version in accordance with paragraph (4)(e) of this rule. The Department shall make the determination within 30 days after receiving the request, written substantiation, and the public version.

(7) Records, reports, and information submitted pursuant to these rules shall be made available to the Environmental Protection Agency (EPA) upon request. If the records, reports, or information has been submitted under a claim of confidentiality, the state shall make that claim of confidentiality to EPA for the requested records, reports or information. The federal agency shall treat the records, reports or information that is subject to the confidentiality claim as confidential in accordance with applicable federal law.

NOTE: It is suggested that claims of trade secret be restricted to that information considered absolutely necessary and that such information be clearly separated from the remainder of the submission.

Stat. Auth.: ORS 466.020, 468.020 & 646
Stats. Implemented: ORS 192.410 - 192.505, 466.015, 466.075 & 466.090
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 12-1996, f. & cert. ef. 7-31-96

340-100-0004

Table of Contents, Divisions 100 to 120

The following Divisions including the incorporation of regulations in 40 CFR, Parts 260 to 266, 268, 270 and 124, comprise the Oregon hazardous waste management program:

DIVISION - SUBJECT

100 - Hazardous Waste Management System: General

101 - Identification and Listing of Hazardous Waste

102 - Standards Applicable to Generators of Hazardous Waste

103 - Standards Applicable to Transporters of Hazardous Waste

104 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities

105 - Management Facility Permits

106 - Permitting Procedures

109 - Management of Pesticide Wastes

110 - Polychlorinated Biphenyls (PCBs)

120 - Additional Siting and Permitting Requirements for Hazardous Waste and PCB Treatment and Disposal Facilities

124 - Standards Applicable to Dry Cleaning Facilities and Dry Stores

142 - Oil and Hazardous Materials Emergency Response Requirements

Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.020, 466.075, 466.105 & 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 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03

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 of receipt of a request for records, under section (1) of this rule, the Department shall either grant or deny the request. If the Department fails to act within 20 days, the request shall be deemed to be denied.

(3) In the event that a request for records is denied, the Department shall notify the requestor, in writing, of the basis for the denial and of the requestor's right to appeal the denial to the Attorney General of the State of Oregon, as provided in ORS 192.450.

(4) In the event that a claim of confidentiality has been made, under OAR 340-100-0003, and such claim cannot be resolved within 20 days of receipt of a request for records, the Department shall notify the requestor within that 20-day period that the request is denied until the claim of confidentiality can be resolved.

(5) The Department shall consider the reduction or waiver of any fees required to provide copies of records, if the records are requested by the news media, a non-profit public interest group, or any other person or entity, and the requestor provides a written statement in support of reduction or waiver. The Department may reduce or waive fees, if the Department determines that reduction or waiver serves the public interest, taking into consideration the magnitude of the request, the Department's resources, whether the information would not be obtainable by the requestor without the reduction or waiver and any other factors relevant to the public interest.

Stat. Auth.: ORS 183, 466 & 468
Stats. Implemented: ORS 192.410 - 192.505 & 466.090
Hist.: DEQ 10-1987, f. & ef. 6-11-87

340-100-0010

Definitions

(1) The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 260.10.

(2) When used in divisions 100 to 110 and 120 of this chapter, the following terms have the meanings given below:

(a) "Administrator" means:

(A) The "Department", except as specified in paragraph (2)(a)(B) or (C) of this rule;

(B) The "Commission," when used in 40 CFR 261.10 and 261.11; or

(C) The Administrator of the U.S. Environmental Protection Agency, when used in 40 CFR 262.50.

(b) "Aquatic LC50 (median aquatic lethal concentration)" means that concentration of a substance which is expected in a specific time to kill 50 percent of an indigenous aquatic test population (i.e., fish, insects or other aquatic organisms). Aquatic LC50 is expressed in milligrams of the substance per liter of water;

(c) "Beneficiation of Ores and Minerals" means the upgrading of ores and minerals by purely physical processes (e.g., crushing, screening, settling, flotation, dewatering and drying) with the addition of other chemical products only to the extent that they are a non-hazardous aid to the physical process (such as flocculants and deflocculants added to a froth-flotation process);

(d) "Collection". See "Storage";

(e) "Commission" means the Environmental Quality Commission;

(f) "Demilitarization" means all processes and activities at the Umatilla Chemical Depot (OR 6213820917) and Umatilla Chemical Agent Disposal Facility (ORQ 000009431) from February 12, 1997, through Department approval of the closure of all permitted treatment, storage and disposal units and facility-wide corrective action;

(g) "Demilitarization Residue" means any solid waste generated by demilitarization processes and activities as defined in 340-100-0010(2)(f), except for (A) waste streams generated from processes or activities prior to the introduction of nerve or blister agent into the treatment unit; and (B) waste steams generated from maintenance or operation of non-agent contaminated process utility systems;

(h) "Department" means the Department of Environmental Quality except it means the Commission when the context relates to a matter solely within the authority of the Commission such as: The adoption of rules and issuance of orders thereon pursuant to ORS 466.020, 466.075, and 466.510; the making of findings to support declassification of hazardous wastes pursuant to ORS 466.015(3); the issuance of exemptions pursuant to ORS 466.095(2); the issuance of disposal site permits pursuant to ORS 466.140(2); and the holding of hearings pursuant to ORS 466.130, 466.140(2), 466.170, 466.185, and 466.190;

(i) "Director" means:

(A) The "Department", except as specified in paragraph (2)(g)(B) of this rule; or

(B) The "permitting body", as defined in section (2) of this rule, when used in 40 CFR 124.5124.6124.8124.10124.12124.14124.15 and 124.17.

(j) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste or hazardous substance into or on any land or water so that the hazardous waste or hazardous substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters of the state as defined in ORS 468.700;

(k) "Dry Cleaning Facility" means any facility as defined by 40 CFR 260.10 and adopted pursuant to OAR 340-100-0002, located in this state that is or was engaged in dry cleaning apparel and household fabrics for the general public, and dry stores, other than:

(a) A facility located on a United States military base;

(b) A uniform service or linen supply facility;

(c) A prison or other penal institution; or

(d) A facility engaged in dry cleaning operations only as a dry store and selling less than $50,000 per year of dry cleaning services.

(l) "Dry Cleaning Operator" means a person who has, or had, a business license to operate a dry cleaning facility or a business operation that a dry cleaning facility is a part of or any person that owns the dry cleaning business, leases the operation of the dry cleaning business from the owner, or makes any other kind of agreement or arrangement where by they operated the dry cleaning business.

(m) "Dry Cleaning Wastewater" means water from the solvent/water separation process of the dry cleaning machine.

(n) "EPA"or "Environmental Protection Agency" means the Department of Environmental Quality,

(o) "EPA Form 8700-12" means EPA Form 8700-12 as modified by the Department;

(p) "Existing Hazardous Waste Management (HWM) Facility" or "Existing Facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980, or is in existence on the effective date of statutory or regulatory changes under Oregon law that render the facility subject to the requirement to have a permit. A facility has commenced construction if:

(A) The owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction; and either

(B)(i) A continuous on-site, physical construction program has begun; or

(ii) The owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the facility to be completed within a reasonable time.

(q) "Extraction of Ores and Minerals" means the process of mining and removing ores and minerals from the earth;

(r) "Generator" means the person who, by virtue of owner-ship, management or control, is responsible for causing or allowing to be caused the creation of a hazardous waste;

(s) "Hazardous Substance" means any substance intended for use which may also be identified as hazardous pursuant to division 101;

(t) "Hazardous Waste" means a hazardous waste as defined in 40 CFR 2613, OAR 340-101-0033 and 340-102-0011;

(u) "Identification Number" means the number assigned by DEQ to each generator, transporter, and treatment, storage and disposal facility;

(v) "License." See "Permit";

(w) "Management Facility" means a hazardous waste treatment, storage or disposal facility;

(x) "Off-site" means any site which is not on-site;

(y) "Oxidizer" means any substance such as a chlorate, permanganate, peroxide, or nitrate, that yields oxygen readily or otherwise acts to stimulate the combustion of organic matter (see 40 CFR 173. 151);

(z) "Permitting Body" means:

(A) The Department of Environmental Quality, when the activity or action pertains to hazardous waste storage or treatment facility permits; or

(B) The Environmental Quality Commission, when the activity or action pertains to hazardous waste disposal facility permits.

(aa) "Permit" or "License" means the control document that contains the requirements of ORS Chapter 466 and OAR 340, divisions 104 to 106 and 120. Permit includes permit-by-rule and emergency permit. Permit does not include any permit which has not yet been the subject of final Department action, such as a draft permit or a proposed permit;

(bb) "RCRA" or "Resource Conservation and Recovery Act", when used to refer to a federal law, means Oregon law;

(cc) "RCRA Permit" means Oregon hazardous waste management facility permit;

(dd) "Regional Administrator" means:

(A) The "Department", except as specified in paragraph (2)(y)(B) or (C) of this rule;

(B) The "permitting body", as defined in section (2) of this rule when used in 40 CFR 124.5124.6124.8124.10124.12, 124.14, 124.15 and 124.17;

(C) The "Commission", when used in 40 CFR 260.30 through 260.41.

(ee) "Residue" means solid waste as defined in 40 CFR 261.2;

(ff) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity;

(gg) "Spill" means unauthorized disposal;

(hh) "Storage" or "Collection" means the containment of hazardous waste either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste;

(ii) "Waste Management Unit" means a contiguous area of land on or in which waste is placed. A waste management unit is the largest area in which there is a significant likelihood of mixing of waste constituents in the same area. Usually this is due to the fact that each waste management unit is subject to a uniform set of management practices (e.g., one liner and leachate collection and removal system). The provisions in the OAR 340, division 104 regulations (principally the technical standards in Subparts K–N of 40 CFR Part 264) establish requirements that are to be implemented on a unit-by-unit basis.

(3) When used in divisions 100 to 106, 109, 113 and 142 of this chapter, the following terms have the meanings given below:

(a) "Aeration" means a specific treatment for decontaminating an empty volatile substance container consisting of removing the closure and placing the container in an inverted position for at least 24 hours.

(b) "Beneficial Use" means the return of unused pesticide product (e.g., pesticide equipment rinsings, excess spray mixture) or empty pesticide container(s) without processing to the economic mainstream, as a substitute for raw materials in an industrial process or as a commercial product (e.g., melting a container for scrap metal).

(c) "Department" means the Department of Environmental Quality.

(d) "Empty Container" means a container from which:

(A) All the contents have been removed that can be removed using the practices commonly employed to remove materials from that type of container; and

(B)(i) No more than one inch of residue remains on the bottom of the container; or

(ii) No more than three percent of the total capacity of the container remains in the container if the container is less than or equal to 110 gallons in size; or

(iii) No more than 0.3% of the total capacity of the container remains in the container or inner liner if the container is greater than 110 gallons in size; or

(iv) If the material is a compressed gas, the pressure in the container is atmospheric.

(e) "Household Use" means use by the home or dwelling owner in or around households (including single and multiple residences, hotels and motels).

(f) "Jet Rinsing" means a specific treatment for an empty container using the following procedure:

(A) A nozzle is inserted into the container, or the empty container is inverted over a nozzle such that all interior surfaces of the container can be rinsed; and

(B) The container is thoroughly rinsed using an appropriate solvent.

(g) "Multiple Rinsing" means a specific treatment for an empty container repeating the following procedure a minimum of three times:

(A) An appropriate solvent is placed in the container in an amount equal to at least 10% of the container volume; and

(B) The container is agitated to rinse all interior surfaces; and

(C) The container is opened and drained, allowing at least 30 seconds after drips start.

(h) "Pesticide" means any substance or combination of substances intended for the purpose of defoliating plants or for the preventing, destroying, repelling, or mitigating of insects, fungi, weeds, rodents, or predatory animals; including but not limited to defoliants, desiccants, fungicides, herbicides, insecticides, and nematocides as defined by ORS 634.006.

(i) "Pesticide Equipment" means any equipment, machinery or device used in pesticide manufacture, repackaging, formulation, bulking and mixing, use, cleaning up spills, or preparation for use or application of pesticides, including but not limited to aircraft, ground spraying equipment, hoppers, tanks, booms and hoses.

(j) "Pesticide Residue" is a waste that is generated from pesticide operations and pesticide management, such as, from pesticide use (except household use), manufacturing, repackaging, formulation, bulking and mixing, and spills. Pesticide residue includes, but is not limited to, unused commercial pesticides, tank or container bottoms or sludges, pesticide spray mixture, container rinsings and pesticide equipment washings, and substances generated from pesticide treatment, recycling, disposal, and rinsing spray and pesticide equipment. Pesticide residue does not include pesticide-containing materials that are used according to label instructions, and substances such as, but not limited to treated soil, treated wood, foodstuff, water, vegetation, and treated seeds where pesticides were applied according to label instructions. Pesticide residue does not include wastes that are listed in 40 CFR Part 261 Subpart D or exhibit one or more of the characteristics identified in 40 CFR Part 261 Subpart C.

(k) "Public-Use Airport" means an airport open to the flying public which may or may not be attended or have service available.

(l) "Reuse" means the return of a commodity to the economic mainstream for use in the same kind of application as before without change in its identity (e.g., a container used to repackage a pesticide formulation).

Stat. Auth.: ORS 465.009 & 466.020
Stat. Implemented: ORS 465.003, 465.009, 466.005, 466.075 & 466.105
Hist.: DEQ 7-1984, f. & cert. ef. 4-26-84; DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 12-1996, f. & cert. ef. 7-31-96; Renumbered from 340-109-0002; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03

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 petitions.

(2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.20.

(3) After evaluating all public comments, the Department or Commission as appropriate will make a decision to grant or deny the petition. Persons commenting on the petition will be notified and the decision placed in the public record.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020 & 468.020
Hist.: DEQ 8-1985, f. & ef. 7-25-85

340-100-0021

Petitions for Equivalent Testing or Analytical Methods

(1) Any person seeking to add a testing or analytical method to OAR Chapter 340, Division 101, 104 or 105 shall petition under this rule and OAR 340-100-0020.

(2) Persons submitting petitions shall comply with the requirements of 40 CFR 260.21.

(3) If the Department permits use of a new testing or analytical method, the method will be made available for public inspection in the manner indicated in OAR 340-100-0011(2).

NOTE: In most instances, the Department will not consider approving a testing or analytical method until it has been approved by EPA.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020 & 468.020
Hist.: DEQ 8-1985, f. & ef. 7-25-85

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 submitting petitions shall comply with the requirements of 40 CFR 260.22.

(3) The Commission may (but shall not be required to) grant a temporary exclusion before making a final decision under 40 CFR 260.20(d) whenever it finds that there is a substantial likelihood that an exclusion will be finally granted. The Commission will place any such temporary exclusion in the public record.

Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020, 466.075 & 468.020
Hist.: DEQ 8-1985, f. & ef. 7-25-85

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