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DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION 113
UNIVERSAL WASTE MANAGEMENT
340-113-0000
Purpose and Scope
(1) The purpose of the Division is to establish universal waste management standards for handlers, transporters and destination facilities of universal wastes.
(2) Persons must consult 40 CFR Part 273, which is incorporated by reference in OAR 340-100-0002, and associated Federal Register preambles, in addition to Division 113 of these rules to determine all applicable universal waste management requirements.
Stat. Auth.: ORS 4465.009 & ORS 466.020
Stats. Implemented: ORS 465.003, ORS 465.009, ORS 466.075 & ORS 466.105
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00
340-113-0010
Applicability
(1) In addition to provisions under 40 CFR 273.1, the following wastes are subject to universal waste management standards but are not "Universal Wastes" as defined in OAR 340-113-0020(4):
(a) Waste pesticides as defined in OAR 340-109-0010(2)(a), and pesticide residues as defined in OAR 340-100-0010, that are collected and managed as part of any pesticide collection program that has notified the Department.
Stat. Auth.: ORS 183.325 - 183.335, 465.009, 466.020 & 468.020
Stats. Implemented: ORS 466.015, 466.020 & 466.075
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2003, f. & cert. ef. 10-24-03
340-113-0020
Definitions
The definitions of terms contained in this rule modify, or are in addition to, the definitions contained in 40 CFR 273.9, 40 CFR 260.10, and OAR 340-100-0010. When used in Divisions 109 and 113 of this chapter, the following terms have the meanings below:
(1) "Destination Facility" means a facility that treats, disposes of, or recycles universal waste. Facilities treating universal waste as allowed under 40 CFR 273.13 and 273.33 are not considered to be destination facilities for purposes of this rule. A facility at which universal waste is only accumulated, is not a destination facility for purposes of managing universal waste.
(2) "Off-site Collection Site" means a site that receives and accumulates universal waste from off-site.
(3) "Pesticide Collection Program" means a pesticide collection program that has notified the Department of activity as required in OAR 340-113-0070 and has received acknowledgment from the Department of Environmental Quality that such notification information is complete.
(4) "Universal Waste" means any waste that is a universal waste listed in 40 CFR 273.1 and subject to the universal waste requirements of 40 CFR Part 273 and OAR 340 Division 113.
Stat. Auth.: ORS 465.009 & 466.020
Stats. Implemented: ORS 465.003, 465.009, 466.075 & 466.105
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2003, f. & cert. ef. 10-24-03
340-113-0030
Standards for Small and Large Quantity Handlers of Universal Waste
(1) The standards in this rule apply to small quantity handlers of universal waste as defined in 40 CFR 273.9. The standards in this rule modify or are in addition to provisions in 40 CFR Part 273 Subpart B.
(2) The standards in this rule apply to large quantity handlers of universal waste as defined in 40 CFR 273.9. The standards in this rule modify or are in addition to provisions in 40 CFR Part 273, Subpart C.
(3) Treatment Prohibition:
(a) In addition to the provisions in 40 CFR 273.11 and 40 CFR 273.31, handlers of universal waste shall not treat universal waste, except as allowed the applicable portions of in 40 CFR 273.13, 40 CFR 273.33.
Stat. Auth.: ORS 4465.009 & 466.020
Stats. Implemented: ORS 465.003, 465.009, 466.075 & 466.105
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2003, f. & cert. ef. 10-24-03
340-113-0040
Standards for Off-Site Collection Sites
(1) Applicability.
(a) In addition to the applicable provisions of 40 CFR 273, Subparts B and C, and OAR 340-113-0030, the standards of this section apply to owners and operators of Off-site Collection Sites as defined in OAR 340-113-0020(4), accumulating more than 1,000 kilograms of universal waste at any one time.
(b) The requirements of this section do not apply to persons who collect, store or transport universal waste batteries described in Public Law 104-142 Section 3(5)(C), Title II of the law, or used rechargeable consumer products containing rechargeable batteries that are not easily removable.
(2) Notification.
(a) Pesticide collection programs are not subject to notification requirements in 40 CFR 273.32 and 340-113-0040(2)(b), but instead must comply with requirements of OAR 340-113-0070.
(b) Owners or operators of Off-site Collection Sites accumulating more than 1,000 kilograms of non-pesticide universal waste at any time must:
(A) Follow 40 CFR 273.32 (notification requirements for large quantity handlers) with the following exception: The notification requirement of 40 CFR 273.32(b)(5) is replaced with (B)(v) below.
(B) Off-site handlers must include at a minimum the following with their notification:
(i) Schedule of collection activity (i.e., daily, monthly, etc.);
(ii) An explanation of how the collection site will meet the applicable requirements for off-site. Handlers accumulating more than 1,000 kilograms of universal waste;
(iii) Names and addresses of all Off-site Collection Sites that will manage the universal wastes prior to shipment to a destination facility;
(iv) Names and addresses of destination facilities that have agreed to accept the universal wastes collected by the off-site handler;
(v) Maximum quantity of universal waste by type that will be accumulated at the collection site;
(vi) Any additional information requested by the Department; and
(vii) Certification statement that the information submitted to the Department is correct and the Off-site Collection Site is operating in compliance with the universal waste rule.
(c) Once the notification information has been submitted to the Department, a letter will be sent to the off-site handler acknowledging the receipt of the completed notification form.
(3) Accumulation time limits.
(a) For Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste, the provisions in 40 CFR 273.15(a) and (b) and 273.35(a) and (b) are deleted and replaced with Section (3)(b) of this rule.
(b) Off-site Collection Sites may accumulate universal waste for no more than six months from the date the waste was first shipped to the first Off-site Collection Site, unless the handler has received written approval from the Department extending the accumulation time. (Note: Extensions may be granted if the handler can demonstrate that additional time is needed to facilitate proper recovery, treatment or disposal of the waste.)
(4) Tracking universal waste shipments.
(a) Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste, must follow the tracking requirements in 40 CFR 273.39 with the following exception: Off-site Collection Sites accumulating more than 1,000 kilograms, but not more than 5,000 kilograms of universal waste at any time, are not required to record the name and address of the originating universal waste handler (generator).
(b) In addition to the provisions in 40 CFR 273.39(a) an Off-site Collection Site accumulating more than 1,000 kilograms of universal waste must also record the date the universal waste was received by the initial off-site handler.
(5) Reporting. Off-site Collection Sites accumulating more than 1,000 kilograms of universal waste at any time shall report to the Department by March 1 of each year, on forms provided by the Department. At a minimum, the following information shall be submitted for the previous calendar year:
(a) The DEQ identification number, name and address of the universal waste handler;
(b) Total quantity of each type of universal waste received; and
(c) Locations of universal waste handlers and destination facilities waste was shipped to.
Stat. Auth.: ORS 465.009 & ORS 466.020
Stats. Implemented: ORS 465.003, ORS 465.009, ORS 466.075 & ORS 466.105
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 11-1998, f. & cert. ef. 6-26-98; DEQ 10-2000, f. & cert. ef. 7-21-00
340-113-0050
Standards for Destination Facilities
(1) Applicability. In addition to the provisions in 40 CFR 273.60, for purposes of this rule, a destination facility can include:
(a) A permitted hazardous waste facility or a hazardous waste recycling facility; or
(b) A facility that has obtained a solid waste management permit for the sole purpose of reclaiming universal waste lamps.
(2) Reporting. All destination facilities that receive universal waste from off-site shall report to the Department by March 1 of each year, on forms provided by the Department. The following information shall be submitted for the previous calendar year:
(a) The DEQ identification number, name and address of the universal waste destination facility;
(b) Total amount of each type of universal waste received;
(c) The manner in which each type of universal waste was managed at the destination facility; and,
(d) Locations of universal waste handlers and destination facilities waste was shipped to.
Stat. Auth.: ORS 4465.009 & ORS 466.020
Stats. Implemented: ORS 465.003, ORS 465.009, ORS 466.075 & ORS 466.105
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00
340-113-0060
Petitions to Include Other Wastes Under OAR-340-113
(1) When reviewing a petition to include additional hazardous wastes as universal wastes the Department will consider the factors listed in 40 CFR 273.81.
(2)(a) In addition to adding new wastes in the universal waste rule, the petition process may be used to remove wastes from the rule.
(b) Factors to be considered by the Department when reviewing a petition to remove a waste from the universal waste rule include but not be limited to the following:
(A) The collection and proper management of the waste has not been enhanced by being classified as a universal waste;
(B) Environmental or public health impact from the management of the waste as a universal waste is greater than management as a hazardous waste; and,
(C) The waste is no longer a hazardous waste.
Stat. Auth.: ORS 183.325 - ORS 183.335, ORS 465.009, ORS 466.020, ORS 466.025 & ORS 468.020
Stats. Implemented: ORS 466.015 & ORS 466.075,
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96
340-113-0070
Pesticide Collection Programs
(1) In addition to this section, pesticide collection programs accumulating more than 1,000 kilograms of pesticide waste at any time must also comply with the applicable requirements of OAR 340-113-0040 (standards for off-site collection sites).
(2) Pesticide collection programs may be operated by federal, state or local municipal entities as well as persons in private industry.
(3) Prior to initial collection of any unused pesticides or pesticide residues, the collection program sponsors must submit, in writing, to the Department, a summary of how the collection program will be operated. Information, at a minimum, shall include:
(a) Name of the person(s) who will be responsible for the operation of the pesticide collection program;
(b) Location(s) of collection site(s);
(c) A description of how the pesticide collection program will operate to comply with the applicable universal waste rule requirements;
(d) Type(s) of pesticides to be collected;
(e) Schedule of collection activity (i.e., annually, quarterly, as needed, etc.);
(f) Names and locations of all off-site handlers or destination facilities which will receive the waste pesticides collected by the program;
(g) Measures to be taken to insure safety of the public and employees or volunteers working for the pesticide collection program;
(h) Measures to be taken to prevent spills or releases of materials collected and a plan to respond to a spill or release if one occurs;
(i) A description of how difficult-to-manage waste pesticides will be managed (i.e., dioxin-containing pesticides (federal waste codes F020-F023 and F026-F028), mercury-containing pesticides or unknown waste pesticides);
(j) Any additional information that is needed to assure that adequate provisions have been taken to protect the public health, safety and the environment; and,
(k) A signed certification statement from the person responsible for the operation of the collection program that it will be operated in compliance with the universal waste rule and in the manner described in the operating information provided in the submitted notification.
(4) Before accepting waste from off-site, pesticide collection programs shall receive acknowledgment from the Department indicating that a complete application has been received.
(5) Pesticide collection programs, in addition to submitting the information required in section 3, shall comply with all applicable universal waste handler requirements.
Stat. Auth.: ORS 183.325 - ORS 183.335, ORS 466.020, ORS 466.030 & ORS 468.020
Stats. Implemented: ORS 466.015, ORS 466.030, ORS 466.075, ORS 466.180 & ORS 466.195
Hist.: DEQ 12-1996, f. & cert. ef. 7-31-96
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