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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 101

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

 

340-101-0001

Purpose and Scope

(1) The purpose of this division is to identify 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) Persons must also consult 40 CFR Parts 124260 to 266268270273, and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

Stat. Auth.: ORS 183.325 - ORS 183.337, 459, 465.009, 466.020 & 468.020 
Stats. Implemented: ORS 465.009, 466.075 & 466.105
Hist.:DEQ 7-1984, f. & ef. 4-26-84; Superseded by DEQ 8-1985, f. & ef. 7-25-85 DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 13-2002, f. & cert. ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03

340-101-0004

Exclusions

(1) Residue described in 40 CFR 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 pursuant to 40 CFR 261.4(a)(1)(i) and (ii).

Stat. Auth.: ORS 466.020 & 466.180 
Stats. Implemented: ORS 466..015 & 466.195
Hist.: DEQ 7-1984, f. & ef. 4-26-84; Superseded by DEQ 8-1985; DEQ 8-1985, f. & ef. 7-25-85; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 4-1999, f. & cert. ef. 3-19-99; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2003, f. & cert. ef. 10-24-03

340-101-0007

Special Requirements For Hazardous Waste Generated By Conditionally Exempt Small Quantity Generators

(1) The provision of 40 CFR 261.5(f)(3)(iv) and (v) and 40 CFR 261.5(g)(3)(iv) and (v) and 40 CFR 261.5(j) do not apply to generators of hazardous waste, including dry cleaning wastewater, generated from dry cleaning operations at dry cleaning facilities.

(2) In addition to the requirements of 40 CFR 261.5(f)(2) and 40 CFR 261.5(g)(2), generators of hazardous waste, including dry cleaning wastewater, derived from dry cleaning operations at dry cleaning facilities shall comply with additional management requirements in OAR 340-124.

Stat. Auth.: ORS 466.015, 466.180 & ORS 465.505
Stats. Implemented: ORS 466.075, ORS 466.195 & ORS 465.505
Hist.: DEQ 13-2002, f. & cert. ef. 10-9-02

340-101-0030

Chemical Agent Munitions and Chemical Agent Bulk Items

Notwithstanding any otherwise applicable provisions of 40 CFR 260 to 270, or other provisions of these rules, chemical agent munitions and chemical agent bulk items in storage as of the effective date of this rule are residues, and listed hazardous wastes assigned the appropriate waste codes in OAR 340-102-0011(2)(c)(A)(i) and (ii).

Stat. Auth: ORS 466.005, ORS 466.010 to ORS 466.035, ORS 466.625 & ORS 466.630
Stats. Implemented: ORS 466.205 to ORS 466.225, ORS 466.605 to ORS 466.680, ORS 468.005 to ORS 468.075 & ORS 468.090 to ORS 468.140
Hist.: DEQ 3-2001, f. & cert. ef. 3-27-01

340-101-0033

Additional Hazardous Wastes

(1)(a) This section applies to residues that have been determined not to be hazardous waste under 40 CFR 261, Subparts C and D.

(b) This section does not apply to residues that have been identified as hazardous waste under 40 CFR 261, Subparts C and D.

(2) Except as provided in section (4) of this rule, the residues identified in subsections (2)(a) and (2)(b) of this rule are hazardous wastes and are added to and made a part of the list of hazardous wastes in 40 CFR 261.33.

(a) Any residue, including but not limited to manufacturing process wastes and unused chemicals that has either:

(A) A 3 percent or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(e);

(B) A 10 percent or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(f); or

(b) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water, of either:

(A) A residue identified in subsection (2)(a)(A) of this rule; or

(B) A residue identified in subsection (2)(a)(B) of this rule.

(3) A residue identified as a hazardous waste in subsections (2)(a) or (2)(b) of this rule, and not excluded under section (4) of this rule, has the hazardous waste letters "OR" followed by the corresponding hazardous waste number(s) in 40 CFR 261.33(e) and (f).

(4) The following residues are not additional hazardous wastes under section (2) of this rule:

(a) Mixtures of pesticides identified in section (2) of this rule that are listed in 40 CFR 261.33(e) and (f);

(b) Those substances or mixtures of substances with individual constituents only listed in both 40 CFR 261.24, Table 1, and 40 CFR 261.33(e) and (f); and

(c) U075 (Dichlorodifluoro-methane) and U121 (Trichloromonofluoromethane) when they are intended to be recycled.

NOTE: Pesticide mixtures excluded in Section (4)(a) of this rule are regulated as pesticide residue in Section (6) of this rule.

(5) The wastes identified in subsections (2)(a)(A) and 2 (b)(A) of this rule are identified as acutely hazardous wastes (H) and are subject to the small quantity exclusion defined in 40 CFR 261.5(e).

(6) Any pesticide residue, except residue listed in Table 1 of 40 CFR 261.24 and which passes the evaluation requirement of 40 CFR 261.24(a), is a hazardous waste and is added to and made a part of the list of hazardous waste in 40 CFR 261.31 until it is first managed in accordance with the standards in OAR 340-109-0010(2)(a).

Note: 340-101-0033(7) and 340-101-0033(8) have been moved to 340-102-0011(c).

(7) Except as otherwise specified in OAR 340-109-0010(4)(b) hazardous waste identified in this rule is not subject to 40 CFR Part 268.

Stat. Auth.: ORS 466.020 & ORS 466.180
Stats. Implemented: ORS 466..015 & ORS 466.195
Hist.: DEQ 7-1984, f. & ef. 4-26-84; DEQ 17-1984, f. & ef. 8-22-84; Superseded by DEQ 8-1985; DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 11-1992, f. & cert. ef. 6-9-92; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00

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 the "Department of Environmental Quality Aquatic Toxicity Test," whereby a representative sample of a pesticide residue exhibits a 96-hour aquatic toxicity LC50 equal to or less than 250 mg/l, are not subject to OAR 340, divisions 100 to 106, 109 and 142 provided:

(a) The waste is prevented from entering the environment; and:

[NOTE: The practices described in Appendix 1, "Best Pollution Prevention Practices for Abrasive Blast Media Waste from Shipyard Repair Facilities," provide guidance. The guidance in Appendix 1 or equivalent Best Pollution Prevention Practices should be used.]

(b) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(1)(c); and,

(c) The waste is recycled, disposed of according to OAR 340-093-0190(1)(f), or disposed of at a hazardous waste facility or other facility authorized to receive such waste.

(2) Pesticide Treated Wood. Spent treated wood that is used or reused for a purpose for which the material would be treated is exempt from OAR 340-101-0040(2). Waste resulting from the use of newly pesticide-treated wood (including scrap lumber, shavings and sawdust; waste resulting from shaping pesticide-treated wood, such as sawdust, shavings and chips; and treated wood removed from service) that does not meet the criteria specified in 40 CFR Part 261Subpart C; and is not a federal hazardous waste for any other reason; and is not otherwise excluded by 40 CFR 261.4(b)(9), and is not pesticide residue as defined in OAR 340-100-0010(3)(j) is not subject to Divisions 100 to 106, 109 and 142 provided:

(a) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(2)(b); and

(b) The waste is recycled or disposed of according to OAR 340-093-0190(1)(g) or is managed at a facility authorized to receive such waste.

[ED. NOTE: Appendices referenced in this rule are available from the agency.]

Stat. Auth.: ORS 183.325-337, 465.009, 466.020, 466.090 & 468.020
Stats. Implemented: ORS 466.020, 466.025, 466.075 & 466.100
Hist.: DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 11-1995, f. & cert. ef. 5-19-95; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 13-2003, f. & cert. ef. 10-24-03

340-101-0050

Standards for Materials Being Recycled

Reserved

Stat. Auth.: ORS 183.337, 465.009, 466.020, 468.020
Stats. Implemented: ORS 466.015, 466.075, 466.086
Hist.: DEQ 4-1999, f. & cert. ef. 3-19-99; DEQ 13-2003, f. & cert. ef. 10-24-03

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