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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 102

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

340-102-0010

Purpose, Scope and Applicability

(1) The purpose of this Division is to establish standards for generators of hazardous waste.

(2) Persons must also consult 40 CFR Parts 124, 260 to 266, 268, 270, 273 and 279 which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

(3) Any person identified in section (4) of this rule is exempt from compliance with Divisions 100 to 106 provided such person complies with the requirements of Division 109.

(4) Exemptions under section (3) of this rule: Any person who produces an unwanted pesticide residue other than unused commercial chemical product pesticide from:

(a) Pesticide manufacturing, repackaging, formulating, bulking, mixing, application, use, and cleaning up spilled material;

(b) Agricultural pest control (for example, on crops, livestock, Christmas trees, commercial nursery plants or grassland);

(c) Industrial pest control (for example, in warehouses, grain elevators, tank farms or rail yards);

(d) Structural pest control (for example, in human dwellings);

(e) Ornamental and turf pest control (for example, on ornamental trees, shrubs, flowers or turf);

(f) Forest pest control;

(g) Recreational pest control (for example, in parks or golf courses);

(h) Governmental pest control (for example, for clearing a right-of-way or vector, predator, and aquatic pest control);

(i) Seed treatment;

(j) Pesticide demonstration and research; or

(k) Wood treatment (for example, lumber, poles, ties and other wood products).

(5) A person who generates a hazardous waste as defined by 40 CFR 261.3 must comply with the requirements of this Division. Failure to comply will subject a person to the compliance requirements and penalties prescribed by ORS 466.185 to 466.210, 459.992 and 466.995, 459.995, 466.880, 466.890, 466.895, 466.900 and OAR Chapter 340, Division 12.

Stat. Auth.: ORS 183.325 to ORS 183.337, ORS 459, ORS 465.009, ORS 466.020, ORS 465.009 & ORS 468.020
Stats.Implemented: ORS 466.010, ORS 466.015, ORS 466.020, ORS 466.075 & ORS 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 12-1996, f. & cert. ef. 7-31-96

340-102-0011

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.

(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; Administrative correction, 2-24-14

340-102-0012

Identification Number and Verification

In addition to the provisions of 40 CFR 262.12, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and identification numbering system (Dun and Bradstreet) for generators who register in the future. Effective January 1, 1991, and annually thereafter, hazardous waste generators and hazardous waste management and recycling facilities shall verify registration information on a form provided by the Department.

Stat. Auth.: ORS 183, 459, 466.020, 466.075, 466.165, 466.195 & 468
Stats. Implemented: ORS 466.075
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 13-1991, f. & cert. ef. 8-5-91

340-102-0034

Accumulation Time, Container and Tank Management Standards

(1) In addition to the requirements of 40 CFR 262.34, a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that, if storing in excess of 100 containers, the waste is placed in a storage unit that meets the requirements of 40 CFR 264.175.

(2) A generator shall comply with provisions found in 40 CFR, Part 262 and each applicable requirement of 40 CFR 262.34(a), (b), (c), (d), (e), and (f).

Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Stats. Implemented: ORS 466.075
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 23-1987, f. & ef. 12-16-87; DEQ 6-1994, f. & cert. ef. 3-22-94

340-102-0040

Recordkeeping

(1) The provisions of section (2) of this rule replace the requirements of 40 CFR 262.40(b).

(2) A generator must keep a copy of reports submitted to the Department under OAR 340-102-0041 and under 40 CFR 262.42(b) for a period of at least three years from the due date of the report.

(3) The record retention requirement of section (2) of this rule applies to the provisions of 40 CFR 262.44.

Stat. Auth.: ORS 183.325 - 183.337, 459, 465.009, 466.020, 465.009, 468.020 & 468
Stats.Implemented: ORS 466.075 & 466.090
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 13-1991, f. & cert. ef. 8-5-91; DEQ 12-1996, f. & cert. ef. 7-31-96

340-102-0041

Generator Reporting

(1) The provisions of this rule replace the requirements of 40 CFR 262.41.

(2) A person producing at any time more than one kilogram of acutely hazardous waste, a total of more than 100 kilograms of hazardous waste in a calendar month, or who accumulates on-site at any time a total of more than 1,000 kilograms of hazardous waste, shall submit Quarterly Reports through the period ending December 31, 1991 to the Department. Effective January 1, 1992, and annually thereafter, a report shall be submitted to the Department, on a form provided by the Department, or by other means agreed to by the Department, by persons defined as small quantity hazardous waste generators, large quantity hazardous waste generators, and/or hazardous waste recyclers. The report shall contain information required by the Department covering activities from the preceding calendar year. Reports shall be submitted by March 1, or within 65 days of mailing by the Department, whichever is later. Upon written request and reasonable justification, the Department may grant an extension to the reporting deadline of up to 30 days. The annual report shall contain:

(a) Information required for purposes of notification of hazardous waste activity and/or annual verification of hazardous waste generator status;

(b) Information required for purposes of describing hazardous waste generator and waste management activity, including information pertaining to hazardous waste storage, treatment, disposal, and recycling efforts and practices;

(c) Information required for the assessment of fees; and

(d) Information required for the Department's preparation and completion of the Biennial Report and Capacity Assurance Plan.

(3) Quarterly Reports are due within 45 days after the end of each calendar quarter for 1991 (the final quarterly report will be due February 15, 1992). The quarterly reporting requirement will sunset on December 31, 1991:

(a) The Quarterly Report shall include, but not be limited to the following information:

(A) A copy of the completed manifest or a listing of the information from each manifest for each shipment made during the calendar quarter;

(B) A listing of all additional hazardous waste generated during the quarter that was sent off-site without a manifest or was used, reused or reclaimed on-site, on a form provided by the Department. The listing shall include, but not be limited to:

(i) The generator's name and address;

(ii) The generator's U.S. EPA/DEQ Identification Number;

(iii) Identification of the calendar quarter in which the waste was generated;

(iv) The type and quantity of each waste generated, by EPA code number; and

(v) The disposition of each waste, including the identity of the receiving party for wastes shipped off-site and handling method; and

(C) If no hazardous waste was generated during the quarter, a statement to that effect, on a form provided by the Department.

(b) Reports submitted to the Department must be accompanied by the following certification signed and dated by the generator or his/her authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(4) Any generator who is receiving hazardous waste from off-site, generating or managing hazardous waste on-site, including recycling, except closed-loop recycling must submit an annual report covering those wastes and activities in accordance with the provisions of OAR 340-104-0075 and of 40 CFR, Part 266.

(5) Dry cleaning operators of dry cleaning facilities must complete an annual dry cleaner hazardous waste and air quality compliance report pursuant to OAR 340-124.

Stat. Auth.: ORS 183, 466.020, 466.075, 466.105, 466.165, 466.195 & 468
Stats. Implemented: ORS 466.075 & 466.090
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 10-1987, f. & ef. 6-11-87; DEQ 19-1988, f. & cert. ef. 7-13-88; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ 13-1991, f. & cert. ef. 8-5-91; DEQ 13-2002, f. & cert. ef. 10-9-02

340-102-0050

International Shipments

(1) Any person who is required to comply with 40 CFR 262.50 through 262.58 shall also comply with section (2) of this rule.

(2) When shipping hazardous waste outside the United States, the generator must notify the Department in writing in accordance with 40 CFR 262.53.

(3) These notices must be sent to Department of Environmental Quality, Hazardous Waste Section.

Stat. Auth.: ORS 183, 459, 466 & 468
Stats. Implemented: ORS 466.075
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 19-1988, f. & cert. ef. 7-13-88

340-102-0065

Hazardous Waste Generator Fees

(1) Each person generating more than 100 kilograms (220 pounds) of hazardous waste, or more than 1 kilogram (2.2 pounds) of acutely hazardous waste, in any calendar month, or accumulating more than 1,000 kilograms (2,200 pounds) of hazardous waste at any time in a calendar year, shall be subject to an annual hazardous waste generation fee. Fees shall be assessed annually for hazardous waste management activities in the previous year.

(2) A late charge equal to ten percent of the fee due shall be assessed if the fees are not received by the Department by the due date shown on the invoice. An additional late charge of ten percent of the unpaid amount shall also be assessed each 30 days that the invoice remains unpaid. After 90 days no further Department late charges shall be assessed; however, such invoices may be referred to the Department of Revenue for collection or collected in Small Claims Court. Accounts referred to the Department of Revenue for collection or collected in Small Claims Court shall be increased by 20 percent of the unpaid amount or $100, whichever is greater, to recover a portion of the costs for referral or collection.

(3) The base hazardous waste generation fee is set at ORS 466.165. Each person's hazardous waste generation fee shall be calculated by multiplying the base fee by the weight of each hazardous waste stream and by the fee factors listed below for the management method reported in the annual generation report (OAR 340-102-0041) as follows:

Management Method -- Fee Factor

Metals Recovery (For Reuse) -- 0.50

Solvents Recovery -- 0.50

Other Recovery -- 0.50

Hazardous wastewater that is not managed immediately upon generation only in on-site elementary neutralization unit(s) (ENU) or wastewater treatment unit(s) (WWTU) -- 0.50

Incineration -- 1.00

Energy Recovery (Reuse as Fuel) -- 0.75

Fuel Blending -- 0.75

Aqueous Inorganic Treatment -- 1.00

Aqueous Organic Treatment -- 1.00

Aqueous Organic and Inorganic Treatment (Combined) -- 1.00

Sludge Treatment -- 1.00

Other Treatment -- 1.00

Stabilization -- 1.00

Neutralization (offsite) -- 0.75

Land Disposal -- 1.50

Management method unknown or not reported -- 2.00

RCRA-Exempt Management Elementary Neutralization Unit(s) on-site (Includes only corrosive characteristic hazardous waste that is managed immediately upon generation only in an on-site elementary neutralization unit(s)) -- 0.00

Permitted Discharge under Clean Water Act Section 402 or 307b (Includes only hazardous wastewater that is managed immediately upon generation only in an on-site wastewater treatment unit(s)) -- 0.00

In order to determine annual hazardous waste generation fees, the Department may use generator reports required by OAR 340-102-0041; facility reports required by OAR 340-104-0075; information derived from manifests required by 40 CFR 262.20; and any other relevant information. Unless density information is reported, the Department will use the following conversion factors: I metric ton = 1,000 kilograms 2,205 pounds 1.10 short tons = 1.31 cubic yards = 264.23 gallons = 4.80 drums (55 gallon).

(4) Effective January 1, 1997, in addition to the annual hazardous waste generation fee, each hazardous waste generator shall be subject to an annual hazardous waste activity verification fee, upon billing by the Department, as follows:

(a) Large Quantity Generator: $525;

(b) Small Quantity Generator: $300;

(c) Conditionally Exempt Small Quantity Generator: No Fee.

Stat. Auth.: ORS 466.165 & 468.020
Stats. Implemented: ORS 466.165
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 14-1987, f. & ef. 7-28-87; DEQ 11-1988, f. & cert. ef. 5-19-88; DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89); DEQ 33-1989, f. & cert. ef. 12-14-89; DEQ 13-1991, f. & cert. ef. 8-5-91; DEQ 11-1992, f. & cert. ef. 6-9-92; DEQ 2-1994, f. & cert. ef. 2-2-94; DEQ 14-1997, f. & cert. ef. 7-23-97; DEQ 11-1998, f. & cert. ef. 6-26-98; DEQ 8-2005, f. & cert. ef. 7-14-05; DEQ 2-2009, f. & cert. ef. 6-25-09

340-102-0070

Farmers

In addition to the provisions of 40 CFR 262.70, a farmer disposing of waste pesticides from his/her own use which are hazardous wastes shall comply with the requirements of division 109 of these rules.

Stat. Auth.: ORS 183, ORS 459, ORS 466.020, ORS 466.075, ORS 466.105, ORS 466.195 & ORS 468
Stats. Implemented: ORS 466.020 & ORS 466.075
Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 19, 1988, f. & cert. ef. 7-13-88; Renumbered from 340-102-0051; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)

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