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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 of Environmental
Quality finds that increasing quantities of hazardous waste are being generated
in Oregon. That waste, 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 safely managing this waste.
(2) The purpose of the management
program 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 preferred over 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 incorporate by reference, hazardous
waste management regulations of the federal program, included in 40 C.F.R. Parts
260 to 268, 270, 273 and Subpart A and Subpart B of Part 124, into Oregon Administrative
Rules. Therefore, a person must consult these parts of 40 C.F.R. 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 of
this program is to obtain EPA Final Authorization to manage hazardous waste in Oregon
in lieu of the federal program.
Stat. Auth.: ORS 466.020, 466.075, 466.105,
466.195 & 468.020
Stats. Implemented: ORS 466.010,
466.035 & 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; DEQ 5-2015, f. & cert. ef. 4-15-15
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
Environmental Quality Commission adopts by reference and requires every person subject
to ORS 466.005 to 466.080 and 466.090 to 466.215 to comply with the rules and regulations
governing the management of hazardous waste, including its generation, transportation,
treatment, storage, recycling and disposal, as the United States Environmental Protection
Agency prescribes in 40 C.F.R. Parts 260 to 268, 270, 273 and Subpart A and Subpart
B of Part 124, as enacted through June 30, 2014.
(2) The Commission excludes
from the rules adopted in Section (1) of this rule, and does not adopt by reference,
40 C.F.R. § 260.2 and the amendments to 40 C.F.R. Parts 124, 260 to 268, 270
and 273 as enacted at:
(a) 63 Federal Register 56710-56735
(c174), October 22, 1998;
(b) 65 Federal Register 30886-30913
(c186), May 15, 2000;
(c) 69 Federal Register 21737-21754
(c204), April 22, 2004;
(d) 69 Federal Register 62217-62224
(c204.1), October 25, 2004;
(e) 73 Federal Register 57-72
(c216), January 2, 2008;
(f) 73 Federal Register 64668-64788
(c219), October 30, 2008;
(g) 73 Federal Register 72912-72960
(c220), December 1, 2008;
(h) 73 Federal Register 77954-78017
(c221), December 19, 2008;
(i) 75 Federal Register 33712-33724
(c224), June 15, 2010;
(j) 75 Federal Register 79304-79308
(c226), December 20, 2010;
(k) 78 Federal Register 46448-46485
(c229), July 31, 2013; and
(l) 79 Federal Register 350-364
(c230), January 3, 2014.
(3) Except as otherwise modified
or specified by OAR 340, division 111, the Commission adopts by reference and requires
every person subject to ORS 466.005 to 466.080 and 466.090 to 466.215 to comply
with the rules and regulations governing the standards for managing used oil, the
United States Environmental Protection Agency prescribes in 40 C.F.R. Part 279,
enacted through July 30, 2003.
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; DEQ 5-2015, f. & cert. ef. 4-15-15
340-100-0003
Public Disclosure and Confidentiality
(1) The provisions of this rule replace
the provisions of 40 C.F.R. § 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) A person may claim
the submitted records, reports, or information are a trade secret in accordance
with ORS 192.410 through 192.505 and 466.090.
(b) The Department will designate
a Document Control Officer for the purpose of receiving, managing, and securing
confidential information. The Document Control Officer will secure the following
information:
(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 under the hazardous
waste statutes, rules, and regulations is publicly available and is not subject
to trade secret confidentiality claims.
(d) The Department will deny
confidentiality claims for the name and address of any permit applicant or permittee.
(4) The following procedures
shall be followed when a claim of trade secret is made:
(a) A person claiming trade
secret must clearly mark each individual page of any submission that contains the
claimed trade secret information as "trade secret," "confidential," "confidential
business information," or the 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 C.F.R. §§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) The person must submit
a public version of the document containing the claimed trade secret information
at the time the trade secret substantiation is required as provided in subsection
(4)(c)(B)(b)(A) and subsection (5)(a) of this rule.
(5) 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 the Department will 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 the Department mails 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 under 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 192.410-505,
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; DEQ
5-2015, f. & cert. ef. 4-15-15
340-100-0004
Table of Contents, Divisions 100
to 120
The following Divisions including the
incorporation of regulations in 40 C.F.R. Parts 260 to 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; DEQ 5-2015, f. & cert. ef. 4-15-15
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 in this rule modify,
or are in addition to, the definitions contained in 40 C.F.R. § 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 C.F.R. §§ 261.10 and 261.11; or
(C) The Administrator of
the U.S. Environmental Protection Agency, when used in 40 C.F.R. § 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 (e.g., 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 upgrading 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)(i)(B) of this rule; or
(B) The "permitting body",
as defined in section (2) of this rule, when used in 40 C.F.R. §§ 124.5,
124.6, 124.8, 124.10, 124.12, 124.14, 124.15 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 C.F.R. § 260.10 and adopted under 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 whereby 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 ownership, 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 under
division 101.
(t) "Hazardous Waste" means
a hazardous waste as defined in 40 C.F.R. § 261.3, 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
C.F.R. § 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)(dd)(B) or (C) of this rule;
(B) The "permitting body",
as defined in section (2) of this rule when used in 40 C.F.R. §§ 124.5,
124.6, 124.8, 124.10, 124.12, 124.14, 124.15 and 124.17;
(C) The "Commission", when
used in 40 C.F.R. §§260.30 through 260.41.
(ee) "Residue" means solid
waste as defined in 40 C.F.R. § 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, but not always, this is because 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 a person subject to these rules
must implement 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 by removing
the closure and placing the container in an inverted position for at least 24 hours.
(b) "Beneficial Use" means
returning without processing unused pesticide product (e.g., pesticide equipment
rinsings, excess spray mixture) or empty pesticide containers 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 to defoliate plants or to prevent,
destroy, repel, or mitigate insects, fungi, weeds, rodents, or predatory animals.
Pesticide includes but is 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.
(A) 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.
(B) 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 C.F.R. Part 261 Subpart D or that exhibit one or more of the characteristics
identified in 40 C.F.R. 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; DEQ 5-2015, f. & cert. ef. 4-15-15
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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