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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 104
STANDARDS FOR OWNER AND OPERATORS OF HAZARDOUS WASTE TREATMENT
Storage and Disposal Facilities

340-104-0001
Purpose, Scope and Applicability
(1) This division establishes minimum
State standards that define the acceptable management of hazardous waste.
(2) A person must also consult
40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in
OAR 340-100-0002, to determine all applicable hazardous waste management requirements.
(3)(a) The provisions of
subsection (3)(b) of this rule replace the requirements of 40 C.F.R. § 264.1(d).
(b) This division’s
requirements apply to a person disposing of hazardous waste by means of underground
injection subject to a permit issued under an Underground Injection Control (UIC)
program approved or promulgated under the Safe Drinking Water Act only to the following
extent:
(A) 40 C.F.R. Sec. 264.11
(identification number);
(B) 40 C.F.R. Sec. 264.16
(personnel training);
(C) 40 C.F.R. Sec. 264.71
(manifest system);
(D) 40 C.F.R. Sec. 264.72
(manifest discrepancies);
(E) 40 C.F.R. Sec. 264.73(a),
(B)(1) and (B)(2) (operating record);
(F) 40 C.F.R. Sec. 264.75
(periodic report); and
(G) 40 C.F.R. Sec. 264.76
(unmanifested waste report).
(c) When abandonment is complete,
the owner or operator must submit to the Department certification by the owner or
operator and by an independent registered professional engineer. The certification
must state that the facility has been closed in a manner that will ensure that plugging
and abandoning the well will not allow the movement of fluids either into an underground
source of drinking water or from one underground source of drinking water to another.
(4) The provisions of 40
C.F.R. Sec. 264.1(f) are deleted.
(5) In addition to the requirements
of 40 C.F.R. Section 264.1(g)(8)(iii), any person covered by 40 C.F.R. Section 264.1(g)(8)(iii)
must comply with the applicable requirements of OAR 340, divisions 100 to 106 and
142.
(6) Persons receiving from
off-site solid waste which becomes hazardous waste by virtue of federal or state
statute or regulation and who treat or dispose of such waste must comply with the
applicable requirements of OAR 340, divisions 100 to 106, 120, and 40 C.F.R. Parts
264 and 265 and must receive a final permit before managing the waste.
Stat. Auth.: ORS 183, 459, 466.020,
466.075, 466.105, 466.195 & 468
Stats. Implemented: ORS 466.020
& 466.095
Hist.: DEQ 8-1985, f. &
ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ
13-2003, f. & cert. ef. 10-24-03; DEQ 5-2015, f. & cert. ef. 4-15-15
340-104-0003
Relationship to Interim Status
(1) The provisions of 40 CFR 264.3 are deleted.
(2) An owner or operator of an existing facility which has not been issued a RCRA permit shall comply with the requirements of OAR 340-105-0010.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.020 & ORS 466.105

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0004
Imminent Hazard Action
(1) The provisions of section (2) of this rule replace the provisions of 40 CFR 264.4.
(2) Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to ORS 466.185 to 466.210.
Stat. Auth.: ORS 183, ORS 459, ORS 466.020, ORS 466.075, ORS 466.105, ORS 466.195 & ORS 468

Stats. Implemented: ORS 466.185 - ORS 466.210

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
340-104-0011
Identification Number
In addition to the provisions of 40 CFR 264.11, as a matter of policy, the Department will accept EPA identification numbers already assigned, use an amended EPA registration form, and use EPA's identification numbering system (Dun and Bradstreet) for owners and operators who register in the future.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.020 & ORS 466.115

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0012
Required Notices
The provisions of 40 CFR 264.12(c) regarding transfers of ownership are hereby deleted.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.015 & ORS 466.020

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0021
General Inspection Provisions
(1) The provisions of 40 CFR 264.15(b)(4) and (5) that reference Performance Track are deleted.
(2) The provisions of 40 CFR 264.174 that reference Performance Track are deleted.
(3) The provisions of 264.195(e) that reference Performance Track are deleted.
Stat. Auth.: ORS 183, 459 & 468

Stats. Implemented: ORS 466.195 & 466.150

Hist.: DEQ 2-2009, f. & cert. ef. 6-25-09
340-104-0029
Unsaturated Zone Monitoring Program
An owner or operator may be required to establish an unsaturated zone monitoring program consisting of soil-pore liquid monitoring in the zone immediately below a facility to determine whether hazardous constituents have migrated out of the facility. The Department will approve the components of this program based on a consideration of the construction and operation of the facility and the type and amount of waste being managed therein.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.195 & ORS 466.150

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0056
Emergency Procedures
(1) In 40 CFR 264.56(d) prior to paragraph (1), the phrase "outside the facility" is deleted.
(2)(a) The requirements of subsection (2)(b) of this rule replace the provisions of 40 CFR 264.56(d)(2);
(b) He must immediately notify either the Department or the Oregon Emergency Management Division (using their 24-hour toll-free number 1-800-452-0311).
(3) In addition to the requirements of 40 CFR 264.56(j), the owner or operator's report must include:
(a) The steps taken to prevent a recurrence of the incident; and
(b) Any changes required in the contingency plan.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.150 & ORS 466.635

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0074
Availability of Records
(1) The provisions of 40 CFR 264.74(a) are replaced with section (2) of this rule.
(2) All records, including plans, required under this Division must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the Department as authorized by ORS 466.185.
Stat. Auth.: ORS 183, ORS 459, ORS 466.020, ORS 466.075, ORS 466.105, ORS 466.195 & ORS 468

Stats. Implemented: ORS 466.150 & 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)
340-104-0075
Periodic Report
(1) The provisions of this rule replace the requirements of 40 CFR 264.75 and 40 CFR 265.75.
(2) Through December 31, 1991, the owner or operator of a hazardous waste management facility or recycling facility must prepare and submit an operating report to the Department on a form provided by the Department. Disposal facility reports are due monthly within 45 days after the end of each calendar month, and treatment and storage facility reports are due within 45 days after the end of each calendar quarter. The report must cover facility activities during the previous month or quarter, as appropriate, and must include, but not limited to the following information:
(a) The EPA identification number, name, and address of the facility;
(b) The period covered by the report;
(c) For off-site facilities, the EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the period; for imported shipments, the report must give the name and address of the foreign generator;
(d) A description of the quantity of each hazardous waste the facility received during the period and the final handling method by EPA handling code for each waste. For off-site facilities, this information must be listed by EPA identification number of each generator;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) The most recent closure cost estimate under 40 CFR 264.142, or 40 CFR 265.142, as appropriate, and, for disposal facilities, the most recent post-closure cost estimate under 40 CFR 264.144 or 40 CFR 265.144, as appropriate;
(g) A certification signed by the owner or operator of the facility or his authorized representative as required by 40 CFR 270.11(b);
(h) Copies of manifests or other shipping documents for all hazardous wastes received or a listing of the information from each manifest or shipping document; and
(i) Monitoring data under 40 CFR 265.94(a)(2)(ii) and (iii), and (b)(2), where required.
(3) 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 hazardous waste treatment, storage, disposal facilities, and off-site hazardous waste recycling and non-RCRA permitted hazardous waste management or recycling facilities. The report shall contain information required by the Department covering the 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 or management or recycling facility status;
(b) Information required for purposes of describing hazardous waste management and facility information, including information pertaining to storage, treatment, disposal, and recycling of hazardous waste received, or generated on-site; and
(c) Information required for the assessment of fees;
(d) Information required for the Department's preparation and completion of the Biennial Report and capacity Assurance Plan;
(e) The most recent closure cost estimate under 40 CFR 264.142, or 40 CFR 265.142, as appropriate, and, for disposal facilities, the most recent post-closure cost estimate under 40 CFR 264.144, or 40 CFR 265.144, as appropriate;
(f) A certification signed by the owner or operator of the facility or his authorized representative as required by 40 CFR 270.11(b); and
(g) Monitoring data under 40 CFR 265.94(a)(2)(ii) and (iii), and (b)(2), where required.
Stat. Auth.: ORS 183, ORS 459, ORS 466.020, ORS 466.075, ORS 466.165, ORS 466.195 & ORS 468

Stats. Implemented: ORS 466.020, ORS 466.150 & ORS 466.160

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 19-1988, f. & cert. ef. 7-13-88; DEQ 13-1991, f. & cert. ef. 8-5-91
340-104-0143
Financial Assurance for Facility Closure
(1) This rule amends the requirements of 40 CFR 264.143.
(2) An owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or other equivalent financial assurance as specified in 40 CFR 264.143(a) to 264.143(h).
(3)(a) If an owner or operator uses the trust fund option specified in 40 CFR 264.143(a) to establish financial assurance for closure of the facility, the owner or operator must also comply with subsection (3)(b) of this rule;
(b) During the period the current closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 CFR 264.143(b) to 264.143(f).
(4) The phrase ". . . term of the initial RCRA permit. . ." in the first sentence of 40 CFR 264.143(a)(3) is deleted and replaced with the phrase ". . . initial 10 years the facility is permitted under Divisions 105 and 106 . . .".
(5) The phrase ". . . in one or more States" in the last sentence of 40 CFR 264.143(e)(1) is deleted and replaced with the phrase ". . . in Oregon".
(6) The phrase "Except as may be required by 40 CFR 264.143(f)(10)", is added to the beginning of the first sentence of 40 CFR 264.143(f)(1).
(7) The phrase "An owner or operator that has a parent corporation may only meet . . ." replaces the phrase "An owner or operator may meet . . ." in the first sentence of 40 CFR 264.143(f)(10).
Stat. Auth.: ORS 183, ORS 459, ORS 466.020(1), ORS 466.020(2), ORS 466.020(7) & ORS 468

Stats. Implemented: ORS 466.020, ORS 466.150 & ORS 466.160

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 11-1993, f. & cert. ef. 7-29-93
340-104-0145
Financial Assurance for Post-Closure Care
(1) This rule amends the requirements
of 40 C.F.R. § 264.145.
(2)(a) The owner or operator
of a disposal facility may choose a cash bond as specified in ORS 466.150(6) or
other equivalent financial assurance as specified in 40 C.F.R. Sec. 264.145(a)
through (h);
(b) The owner or operator
of a treatment or storage facility subject to post-closure monitoring or maintenance
requirements must establish financial assurance for post-closure care in accordance
with the approved post-closure plan for the facility and must choose one of the
options specified in 40 C.F.R. Sec. 264.145(a) through (h).
(3)(a) If an owner or operator
uses the trust fund option specified in 40 C.F.R. Sec. 264.145(a) to establish
financial assurance for post-closure care of a facility, the owner or operator must
also comply with subsection (3)(b) of this rule;
(b) During the period the
current post-closure cost estimate (CE) exceeds the current value of the trust fund
(CV), the owner or operator must also establish supplemental financial assurance
in the amount CE-CV by choosing one of the options specified in 40 C.F.R. Sec.
264.145(b) to 264.145(f).
(4) The phrase "Except as
may be required by 40 C.F.R. Sec. 264.145(f)(11)", is added to the beginning of
the first sentence of 40 C.F.R. Sec. 264.145(f)(1).
(5) The phrase "An owner
or operator that has a parent corporation may only meet . " replaces the phrase
"An owner or operator may meet . " in the first sentence of 40 C.F.R. Sec. 264.145(f)(11).
Stat. Auth.: ORS 183, 459, 466.020(1)&(2),
466.020(7) & 468
Stats. Implemented: ORS 466.020,
466.150 & 466.160
Hist.: DEQ 8-1985, f. &
ef. 7-25-85; DEQ 11-1993, f. & cert. ef. 7-29-93; DEQ 5-2015, f. & cert.
ef. 4-15-15
340-104-0147
Liability Requirements
(1) This rule amends the requirements of 40 CFR 264.147.
(2) The phrase ". . . in one or more States" at the end of 40 CFR 264.147(a)(1)(ii) is deleted and replaced with the phrase ". . . in Oregon".
(3) The phrase ". . . in one or more States" at the end of 40 CFR 264.147(b)(1)(ii) is deleted and replace with the phrase ". . . in Oregon".
Stat. Auth.: ORS 183, ORS 459, ORS 466 & ORS 468

Stats. Implemented: ORS 466.020

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89
340-104-0149
Use of State-Required Mechanisms
The provisions of 40 CFR 264.149 are
deleted.
Stat. Auth.: ORS 183, 459 & 468
Stats. Implemented: ORS 466.020
Hist.: DEQ 8-1985, f. &
ef. 7-25-85; DEQ 5-2015, f. & cert. ef. 4-15-15
340-104-0150
State Assumption of Responsibility
The provisions of 40 CFR 264.150 are deleted.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.015 & ORS 466.020

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0151
Wording of the Instruments
(1) This rule amends 40 CFR 264.151.
(2) When used in 40 CFR 264.151, the references specified in section (2) of this rule shall be changed as indicated in this section:
(a) "The United States Environmental Protection Agency", "The U.S. Environmental Protection Agency", or "EPA" shall be "the Oregon Department of Environmental Quality" (hereinafter called "Department");
(b) "The United States Government" shall be "the State of Oregon";
(c) "The EPA Regional Administrator" shall be "the Department";
(d) "The appropriate EPA Regional Administrator" shall be "the Department";
(e) "The Resource Conservation and Recovery Act as amended (RCRA)" or "The Resource Conservation and Recovery Act of 1976 (as amended)" shall be "Oregon law";
(f) "Where EPA is not administering the financial requirements of Subpart H of 40 CFR, Parts 264 and 265" shall be "other than Oregon".
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.020

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0220
Applicability to Surface Impoundments
(1) The provisions of 40 CFR 264.220 are deleted and replaced with the requirements of section (2) of this rule.
(2) The regulations in Subpart K of 40 CFR, Part 264 apply to owners and operators of facilities that use surface impoundments to treat or store hazardous waste, except as 40 CFR 264.1 provides otherwise.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.030

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0228
Closure and Post-Closure Care of Surface Impoundments
(1) The provisions of 40 CFR 264.228(a)(1), and (c) are deleted and replaced with the requirements of sections (2), (3) and (4) of this rule.
(2) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 40 CFR 261.3(d) applies.
NOTE: The state program is more stringent than the federal program in that it requires the removal of all wastes, etc., at closure whereas the federal program gives the option of closing with wastes left in place.
(3) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in section (2) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility in accordance with the closure requirements of 40 CFR 264.228(a)(2) and perform post-closure care in accordance with the closure and post-closure care requirements of 40 CFR 264.228(b).
(4)(a) The owner or operator of a surface impoundment that does not comply with the liner requirements of 40 CFR 264.221(a) and is not exempt from them in accordance with 40 CFR 264.221(b) must:
(A) Include in the closure plan for the surface impoundment under 40 CFR 264.112 both a plan for complying with section (2) of this rule and a contingency plan for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure; and
(B) Prepare a contingent post-closure plan under 40 CFR 264.118 for complying with section (3) of this rule in case not all contaminated subsoils can be practicably removed at closure.
(b) The cost estimates calculated under 40 CFR 264.142 and 264.144 for closure and post-closure care of a surface impoundment subject to this section must include the cost of complying with the contingent closure plan and the contingent post-closure plan.
Stat. Auth.: ORS 192, ORS 466.020 & ORS 646

Stats. Implemented: ORS 466.150 & ORS 466.215

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 11-1995, f. & cert. ef. 5-19-95
340-104-0258
Closure and Post-Closure Care for Waste Piles
The phrase ". . . but are not required to include the cost of expected closure under paragraph (a) of this section" at the end of 40 CFR 264.258(c)(2) is deleted.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.150 & ORS 466.215

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0276
Food-Chain Crops
(1) In 40 CFR 264.276, the term "animal feed crops" is substituted for the term "food chain crops".
(2) The provisions of 40 CFR 264.276(b)(1) are deleted.
NOTE: The state program is more stringent than the federal program in that it does not permit crops intended for human consumption to be grown on a land treatment facility.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.015 & ORS 466.020

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0339
Procedure For Prohibiting the Land Disposal of Any Hazardous Waste
(1) The Department may prohibit the Land Disposal of any hazardous waste if in the Department's judgment there are more environmentally sound beneficial use, reuse, recycle, reclamation, treatment or disposal options. In making such a judgment, the Department shall consider but not be limited to storage, transportation and other appropriate risks.
(2) For wastes identified under section (1) of this rule, the Department shall notify any affected generators and land disposal owners or operators, in writing, that land disposal of a specified waste is prohibited. Such notice shall indicate the specific waste affected by name and EPA Hazardous Waste Number, and shall also indicate the alternative means of beneficial use, reuse, recycle, reclamation, treatment or disposal deemed to be more environmentally sound. The Department shall provide that the prohibition is effective for the waste listed in the notice 90 days after receipt of the notice. The generator or disposal facility shall have 30 days from the receipt of notice to appeal the prohibition to the Department. The Department shall make a final determination within 60 days of the original notice if a timely appeal has been filed.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.025 & ORS 466.030

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-0340
Applicability to Incinerators
The provisions of 40 CFR 264.340(e) are deleted.
NOTE: The Department may require the owner or operator to obtain an Air Contaminant Discharge Permit and such permit may establish standards more stringent than required under Subpart 0 of 40 CFR Part 264.
Stat. Auth.: ORS 183, 459 & 468

Stats. Implemented: ORS 466.020 & 466.030

Hist.: DEQ 8-1985, f. & ef. 7-25-85; DEQ 13-2003, f. & cert. ef. 10-24-03
340-104-0343
Performance Standards
The provisions of 40 CFR 264.343(d) are deleted.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.020 & ORS 466.150

Hist.: DEQ 8-1985, f. & ef. 7-25-85
340-104-1201
Design and Operating Standards
(1) The following provisions are added to and made part of the design and operating standards in 40 CFR 264 Subpart EE for units used for the storage of chemical agent munitions and chemical agent bulk items:
(a) No later than April 30, 2001, a storage unit operations and management plan, including a description of applicable vapor and liquid chemical agent containment mechanisms, and monitoring/inspection programs, must be submitted to the Department for approval; and
(b) Storage units used for the storage of nerve agent (such as GB and VX) must be equipped with vapor containment mechanisms.
(2) The provisions of 40 CFR 264.1201(b)(3) are deleted for purposes of storage of chemical agent munitions and chemical agent bulk items.
(3) As used in 40 CFR 264.1201(f) for purposes of storage of chemical agent munitions and chemical agent bulk items, "no migration" of chemical agent from the storage unit shall mean:
(a) No detectable concentration of chemical agent outside the containment mechanisms of the storage unit, as measured by sampling and analytical methods specified in the approved management plan of OAR 340-104-1201(1)(a).
Stat. Auth: ORS 466.010 - 466.035, 466.625 & 466.630

Stats. Implemented: ORS 466.205 - 466.225, 466.605 - 466.680, 468.005 - 468.075 & 468.090 - 468.140

Hist.: DEQ 3-2001, f. & cert. ef. 3-27-01

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