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

 

DIVISION 135

TOXIC USE REDUCTION AND HAZARDOUS 
WASTEREDUCTION REGULATIONS 

340-135-0000

Purpose

The purpose of these rules is to reference the Oregon statute that describes the planning and reporting requirements for toxic use reduction and hazardous waste reduction. The rules are adopted pursuant to the authority of and are to be used in conjunction with ORS 465.003 through 465.037. Other federal, state and local programs may contain additional requirements.

Stat. Auth.: ORS 465.003 - 465.037 
Stats. Implemented: ORS 465.003 - 465.037 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0010

Policies

(1) The State places a high priority on reducing toxic substances use and hazardous waste whenever technically and economically practicable as described in ORS 465.006.

(2) The Department will attempt to coordinate with universities and other state and federal toxics use and hazardous waste programs, emphasizing data and information exchange, training programs, and technology transfer.

Stat. Auth.: ORS 465.003 - 465.037, 466 
Stats. Implemented: ORS 465.006, 465.012 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0020

Definitions

(1) Definitions in ORS 465.003(1) through 465.003(13) apply to OAR 340-135-0000 through 340-135-0110.

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

Stat. Auth.: ORS 465.003, 466.005, 466.015 & 468
Stats. Implemented: ORS 465.003 
Hist.: DEQ 35, 1990, f. & cert. ef. 8-21-90; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0030

Applicability

(1) OAR 340-135 applies to toxics users as defined in ORS 465.003, which include:

(a) Facilities required to submit a uniform toxic chemical release form under the federal Toxics Release Inventory (TRI) program, defined as large users in ORS 465.003(6);

(b) Large quantity generators of hazardous waste; and

(c) Small quantity generators of hazardous waste.

(2) OAR 340-135 does not apply to:

(a) Conditionally exempt generators. If you are a conditionally exempt generator and you are not also a large user;

(b) Toxics users. If you are a toxics user solely because you use or generate one or more of the following materials:

(A) Toxic substances used as a pesticide in routine commercial agricultural applications;

(B) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute, such as logs that contain naturally-occurring lead;

(C) Toxic substances that the Environmental Quality Commission removes by rule as defined in ORS 465.009.

(D) Hazardous waste generated from remedial or removal actions as defined in ORS 465.200, including, but not limited to, a spill or cleanup activity; and

(E) Hazardous waste generated from a one-time event, including, but not limited to, the cleaning out of a storage closet.

Stat. Auth.: ORS 465.003 - 465.037, 466.075 
Stats. Implemented: ORS 465.003, 465.009 & 465.034 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0040

Toxic Substances and Hazardous Wastes Identification

(1) Toxic substances as defined in ORS 465.003(9) and hazardous wastes as defined in 465.003(5) are subject to the planning and reporting requirements set forth in this rule, except those materials listed in 340-135-0030(2)(b) of this rule.

(2) The Environmental Quality Commission may add or delete toxic substances and hazardous wastes or modify the definition of large user as provided by ORS 465.009. The Commission will consider, at a minimum, the following conditions when adding, modifying, or deleting from the lists:

(a) Proportionate volume of toxic substance or hazardous waste unique to Oregon; or

(b) Amount of regional solid waste or hazardous waste off-site disposal or treatment capacity; or

(c) Impact on state-wide or regional air quality, surface water quality, groundwater quality, or other environmental qualities.

Stat. Auth.: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646 
Stats. Implemented: ORS 465.003, 465.009 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 24-1992, f. 10-23-92, cert. ef. 11-1-92; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0050

Planning and Notification

Toxics users must:

(1) Develop and implement a reduction plan or an environmental management system according to ORS 465.015 that includes the toxic substances and hazardous wastes specified in 465.015(4). Toxics users that have already met the requirements in this subsection must also meet the requirements in subsections (2), (3) and (4).

(2) Notify the Department after completing a reduction plan or environmental management system following ORS 465.015(1) and 465.018(1);

(3) Maintain the reduction plan or environmental management system on site as provided in ORS 465.015(6); and

(4) Update the reduction plan or environmental management system to ensure it meets the requirements in ORS 465.015(4), 465.015(5) and 465.015(7).

Stat. Auth.: ORS 465.003 - 465.037 
Stats. Implemented: ORS 465.015 & 465.018 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0055

Implementation Summary

(1) Toxics users that were in compliance with the Toxics Use Reduction and Hazardous Waste Reduction law and rules before June 9, 2005 must complete one implementation summary as provided in ORS 465.018 and 465.032.

(2) Toxics users that were not in compliance with the Toxics Use and Hazardous Waste Reduction law and rules before June 9, 2005 as defined in ORS 465.018 or are new toxics users after June 9, 2005 must complete two implementation summaries according to 465.018(2), 465.018(3) and 465.032.

(3) Using a Web-based system provided by the Department, toxics users must submit an implementation summary that meets the four minimum requirements described in ORS 465.032.

Stat. Auth.: ORS 465.003 - 465.037, 466 
Stats. Implemented: ORS 465.018 & 465.032 
Hist.: DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0090

Information Access

(1) Toxics users must keep the reduction plan and environmental management system on site in accordance with ORS 465.015(6), and available for review by the Department in accordance with 465.018(4).

(2) Reduction plans and environmental management systems are confidential, except as provided for in (1) of this section and by ORS 465.015(6).

(3) The Department will make implementation summaries available to the public by placing them on the World Wide Web in accordance with ORS 465.018(5).

Stat. Auth.: ORS 192.501, ORS 192.502, 65.003 - 465.037, 466 
Stats. Implemented: ORS 465.015 & 465.018 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0105

Technical Assistance and Restrictions on Enforcement

(1) According to ORS 465.012, the Department will provide toxics users, including conditionally exempt generators as defined by 465.003(1), with technical assistance.

(2) The Department will coordinate its technical assistance efforts with industry trade associations, local colleges and universities, and local agencies in accordance with ORS 465.012(3) and 465.027.

(3) In accordance with ORS 465.012, technical assistance services provided by the Department will not result in compliance inspections or other enforcement actions, unless there is reasonable cause to believe there exists a clear and immediate danger to the public health and safety or to the environment:

(a) For the purpose of initiating enforcement, the term "clear" means plain, evident, free from doubt, and the term "immediate danger" means a situation where there is substantial likelihood that serious harm may be experienced within the time frame necessary for the Department to pursue an enforcement action (e.g., observation of a leaking drum).

(b) In the case of a "clear and immediate danger", the Department may initiate a compliance and enforcement action immediately.

Stat. Auth.: ORS 183.745 & 465.003 - 465.037 
Stats. Implemented: ORS 465.003, 465.012 & 465.027 
Hist.: DEQ 9-2006, f. & cert. ef. 8-15-06

340-135-0110

Compliance and Enforcement Procedures

(1) The Department may review and determine the adequacy of a plan, environmental management system or implementation summary during compliance inspections in accordance with ORS 465.021(1) and 465.021(5).

(2) If a toxics user fails to complete an adequate plan, environmental management system, or implementation summary, the Department may notify and work with the toxics user to achieve compliance as provided in ORS 465.021(2), 465.021(3) and 465.021(5).

(3) If after receiving notice of specified deficiencies described in ORS 465.021(2) and 465.021(3) that provided at least 90 days for a toxics user to achieve compliance, the Department may assess a civil penalty in an amount not to exceed $500 for each day a toxics user fails to develop an adequate plan or environmental management system and an implementation summary as provided in 456.021(4).

Stat. Auth.: ORS 183.745, 465.003 - 465.037 & 466.090 
Stats. Implemented: ORS 465.015, 465.021 & 465.032 
Hist.: DEQ 35-1990, f. & cert. ef. 8-21-90; DEQ 9-2006, f. & cert. ef. 8-15-06

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