The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 109
HAZARDOUS WASTE MANAGEMENT


Management of Pesticide Waste

General


340-109-0001
Purpose and Applicability
(1) This division specifies procedures
for managing pesticide residues and empty pesticide containers. This division does
not apply to any federally regulated pesticide waste, including waste regulated
under 40 C.F.R. Part 273.
NOTE: Although the permit applicant
or permittee will interface primarily with the Department as is indicated by these
rules, hazardous waste disposal facility permits are issued by the Environmental
Quality Commission while hazardous waste storage and treatment facility permits
are issued by the Department.
(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.
NOTE: 40 C.F.R. Part 124 includes requirements
applicable to several programs, including UIC, NPDES, 404. Only the provisions of
40 C.F.R. Part 124 Subparts A and B that apply to hazardous waste or "RCRA" permits
are incorporated by reference in OAR 340-100-0002, as modified by division 106.
Stat. Auth.: ORS 183.325 - 183.335,
466.02 & 468.020
Stats Implemented: ORS 466.005
& 466.075,
Hist.: DEQ 7-1984, f. &
ef. 4-26-84; DEQ 17-1984, f. & ef. 8-22-84; DEQ 12-1996, f. & cert. ef.
7-31-96; DEQ 13-2003, f. & cert. ef. 10-24-03; DEQ 5-2015, f. & cert. ef.
4-15-15

Pesticides

340-109-0010
Pesticide Residue Waste Management
(1) A person producing pesticide-containing material from any pesticide operation or pesticide management shall make every effort to beneficially use or reuse such material to the extent permissible under federal and state law. Persons accumulating pesticide-containing material for use or reuse, shall contain these materials according to industry standards for containing commercial pesticides for use or reuse, and the container shall be labeled as to its contents and marked with the EPA Registration Number(s) for the pesticide(s).
(2) A person producing pesticide residue at a public-use airport, pesticide dealership or other permanent base of operation, and who does not beneficially use or reuse such residue, must manage the pesticide residue:
(a) According to the universal waste management standards in 40 CFR Part 273 and OAR 340 Division 113, and standards in this Division, whereby such residues are designated "waste pesticide." A waste pesticide designation occurs only when the owner or manager of the residue:
(A) Contains the wastes; and
(B) Labels the container with the words "waste pesticide," and
(C) Marks the container(s) with the date the wastes are created, and
(D) Manages the contained wastes according to the universal waste management standards in 40 CFR Part 273 and OAR 340 Division 113; or
(b) Under a Water Pollution Control Facility (WPCF) permit issued pursuant to OAR 340 Division 14; or
(c) As otherwise authorized by the Department. Such management shall be in conformance with the following performance standards:
(A) Containment by any one or combination of: physical means (e.g., natural or man-made liners), chemical means (e.g., adsorption-absorption layers), or other equivalent means;
(B) Detoxification by any one or combination of: physical means (e.g., solar radiation), chemical means (e.g., hydrolysis), biological means (e.g., microbial degradation), or other equivalent means;
(C) Volume reduction by any one or combination of: evaporation, evapo-transpiration, use for new product makeup, or other equivalent means; and
(D) Protection of groundwater and surface waters by any one or combination of: system design, construction materials, or a groundwater monitoring program.
(3) Pesticide residue managed other than as specified in this Division, or by the Department remains a hazardous waste and is subject to OAR 340, Divisions 100 to 106 and 142.
(4) Waste pesticide may be managed in:
(a) A RCRA Subtitle C hazardous waste facility meeting the requirements of Division 100 to 106 and 142; or
(b) A permitted RCRA Subtitle D facility meeting the requirements of OAR 340 Division 94 provided either the applicable land disposal concentration-based standards in 40 CFR 268.40 are met for waste pesticide containing any pesticide active ingredient(s) listed in 40 CFR 261.33(e) and (f), or if standards do not exist, the wastes do not fail the "Department of Environmental Quality Aquatic Toxicity Test," whereby a representative sample of a pesticide residue exhibits a 96-hour aquatic toxicity LC 50 equal to or less than 250 mg/l; or
(c) A facility having a Water Pollution Control Facility (WPCF) permit issued pursuant to OAR 340, Division 14; or
(d) As otherwise authorized by the Department. Such management shall be in conformance with the following performance standards:
(A) Containment by any one or combination of: physical means (e.g., natural or man-made liners), chemical means (e.g., adsorption-absorption layers), or other equivalent means, and
(B) Detoxification by any one or combination of: physical means (e.g., solar radiation), chemical means (e.g., hydrolysis), biological means (e.g., microbial degradation), or other equivalent means, and
(C) Volume reduction by any one or combination of: evaporation, evapo-transpiration, use for new product makeup, or other equivalent means, and
(D) Protection of groundwater and surface waters by any one or combination of: system design, construction materials, or a groundwater monitoring program.
(5) A person producing pesticide residue at a temporary base of operation, and who does not beneficially use or reuse such residue, must manage such residue either:
(a) At a permitted facility or site participating in a pesticide collection program; or
(b) By spraying on the ground, provided:
(A) The residue is sprayed under pressure through a nozzle which is moving at a sufficient rate of speed so as not to saturate the ground with waste;
(B) The person doing the spraying owns or controls the management of the ground, or receives permission from the manager, owner, or controller of the ground;
(C) The spray site location will not endanger surface water or groundwater, or pose a hazard to humans, wildlife (game and non-game animals) or domestic animals; and
(D) If applied to agriculture land, the pesticide residue will not result in excessive or prohibited residuals in current or subsequent crops.
(6) A person who spills pesticide residue shall:
(a) Report and clean up such spill in accordance with OAR 340, Division 142.
Stat. Auth.: ORS 183.325 - 183.335, 466.020, 468.020 & 468 

Stat Implemented: ORS 466.025 & 466.075

Hist.: DEQ 7-1984, f. & ef. 4-26-84; DEQ 17-1984, f. & ef. 8-22-84; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 13-2003, f. & cert. ef. 10-24-03

Empty Containers

340-109-0020
Empty Container Management
(1) Empty rigid pesticide containers, including but not limited to cans, pails, buckets or drums constructed of metal, plastic, glass, or fiber may be managed as ordinary solid waste and decontaminated, verified and altered as follows:
(a) Decontamination consists of removing any residual by:
(A) Jet or multiple rinsing;
(B) Aeration of volatile substances;
COMMENT: For purposes of this rule, all fumigants are considered to be volatile.
(C) Chemical washing methods such as those used to recondition metal drums; or
(D) Other methods that have been shown in the scientific literature, or by generator tests, to achieve equivalent removal.
(b) Verification consists of observing no residue on the interior surface of the container, or no turbidity (less than 5 Nephelometric turbidity units) in a sample rinse when a diluent, which does not solubilize the residue, is placed in the container to fill five percent of its volume and agitated for 30 seconds.
(c) Alteration consists of puncturing or removing both ends and crushing the container except that:
(A) 30-gallon or larger containers shall be punctured or have their ends removed but need not be crushed;
(B) Containers to be beneficially used or reused need not be altered if alteration would interfere with such use or reuse; and
(C) Gas cylinders shall be altered by removing the closure valve or valve stem to ensure venting.
COMMENT: Extreme caution should be exercised in altering containers having held flammable pesticides or solvents.
(2) Empty non-rigid pesticide containers, including paper, paper-laminated and paper-laminated foil bags, may be managed as ordinary solid waste and disposed as follows:
(a) In a permitted solid waste landfill; or
(b) Burned in an incinerator or boiler which has been permitted by the Department; or
(c) Open burned in less than 50 pound lots on-site on the day of generation or as soon thereafter as feasible provided the site is not a public-use airport, distributorship or other permanent base of operation and the burning does not emit dense smoke, noxious odor or creates a public nuisance. Open burning shall be in compliance with OAR Chapter 340, Division 23, local fire district requirements, and in such a manner as to protect public health and the environment. The ash and foil liners must be buried after burning.
(3) Farmers may bury empty non-rigid or decontaminated rigid pesticide containers on their own property provided:
(a) The containers were generated from their own use; and
(b) The burial site is on flat ground, not in a swale, and at least 500 feet from surface water or any well.
(4) No person shall use or provide for use empty or decontaminated pesticide containers to store food, fiber or water intended for human or animal consumption.
Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.020 & ORS 466.075

Hist.: DEQ 7-1984, f. & ef. 4-26-84; DEQ 17-1984, f. & ef. 8-22-84

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