340-102-0010
Purpose, Scope and Applicability

(1) This division establishes standards for hazardous waste generators.

(2) A person must also consult 40 C.F.R. Parts 124, 260 to 268, 270, 273 and 279, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements.

(3) Any person identified in section (4) of this rule is exempt from compliance with Divisions 100 to 106 provided such person complies with the requirements of Division 109.

(4) A person is exempt under section (3) of this rule if that person produces an unwanted pesticide residue other than unused commercial chemical product pesticide from:

(a) Pesticide manufacturing, repackaging, formulating, bulking, mixing, application, use, and cleaning up spilled material;

(b) Agricultural pest control (for example, on crops, livestock, Christmas trees, commercial nursery plants or grassland);

(c) Industrial pest control (for example, in warehouses, grain elevators, tank farms or rail yards);

(d) Structural pest control (for example, in human dwellings);

(e) Ornamental and turf pest control (for example, on ornamental trees, shrubs, flowers or turf);

(f) Forest pest control;

(g) Recreational pest control (for example, in parks or golf courses);

(h) Governmental pest control (for example, for clearing a right-of-way or vector, predator, and aquatic pest control);

(i) Seed treatment;

(j) Pesticide demonstration and research; or

(k) Wood treatment (for example, lumber, poles, ties and other wood products).

(5) A person who generates a hazardous waste as defined by 40 C.F.R. § 261.3 must comply with this division’s requirements. A person who fails to comply with these rules is subject to the compliance requirements and penalties prescribed by ORS 466.185 to 466.210, 459.992 and 466.995, 459.995, 466.880, 466.890, 466.895, 466.900 and OAR chapter 340, division 12.

Statutory/Other Authority: ORS 183.325-337, 459, 465.009, 466.020, 465.009 & 468.020
Statutes/Other Implemented: 466.010, 466.015, 466.020, 466.075 & 466.195
History:
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 12-1996, f. & cert. ef. 7-31-96
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 8-1985, f. & ef. 7-25-85

340-102-0011
Hazardous Waste Determination

(1) The provisions of this rule are in addition to the requirements of 40 C.F.R. §262.11.

(2) A person who generates a residue as defined in OAR 340-100-0010 must determine if that residue is a hazardous waste using the following method:

(a) Persons should first determine if the waste is excluded from regulation under 40 C.F.R. §261.4 or OAR 340-101-0004;

(b) Persons must then determine if the waste is listed as a hazardous waste in Subpart D of 40 C.F.R. Part 261;

(c) Persons must then determine if the waste is listed under the following listings:

(A) The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates identified in 340-102-0011(2)(c)(A)(i) and (ii) are added to and made a part of the list in 40 C.F.R. §261.33(e).

(i) P998...Blister agents (such as Mustard agent)

(ii) P999…Nerve agents (such as GB (Sarin) and VX); or

(B) Hazardous waste identified in 340-102-0011(2)(c)(B)(i) and (ii) are added to and made a part of the list in 40 C.F.R. § 261.31.

(i) F998…Residues from demilitarization, treatment, and testing of blister agents (such as Mustard agent).

(ii) F999…Residues from demilitarization, treatment, and testing of nerve agents (such as GB (Sarin) and VX).

NOTE: Even if the waste is listed, the person still has an opportunity under OAR 340-100-0022 to demonstrate to the Commission that the waste from their particular facility or operation is not a hazardous waste.

(d) Regardless of whether a hazardous waste is listed through application of subsections (2)(b) or (2)(c) of this rule, persons must also determine whether the waste is hazardous under Subpart C of 40 C.F.R. Part 261 by either:

(A) Testing the waste according to the methods set forth in Subpart C of 40 C.F.R. Part 261, or according to an equivalent method the Department approves under OAR 340-100-0021, or

NOTE: In most instances, the Department will not consider approving a test method until the EPA approves it.

(B) Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.

(e) If the waste is determined to be hazardous, the person must refer to Divisions 100–106 and 40 C.F.R. Parts 264, 265, 268 and 273 for possible exclusions or restrictions pertaining to management of the specific waste.

NOTE: 40 C.F.R. § 268.3 prohibits diluting a hazardous waste to meet Land Disposal Restriction treatment standards. Diluting waste without a permit to meet any hazardous waste standard is prohibited.

(f) If the waste is not identified as hazardous by application of subsection (2)(b) or (2)(c), and/or (2)(d) of this rule, persons must determine if the waste is listed under OAR 340-101-0033.

Statutory/Other Authority: ORS 466.020 & 466.180
Statutes/Other Implemented: ORS 466.015 & 466.195
History:
DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 87-2018, minor correction filed 04/10/2018, effective 04/10/2018
DEQ 5-2015, f. & cert. ef. 4-15-15
Reverted to DEQ 13-2003, f. & cert. ef. 10-24-03
DEQ 6-2013(Temp), f. & cert. ef. 8-14-13 thru 2-10-14
DEQ 13-2003, f. & cert. ef. 10-24-03
DEQ 13-2002, f. & cert. ef. 10-9-02
DEQ 10-2000, f. & cert. ef. 7-21-00
DEQ 6-1994, f. & cert. ef. 3-22-94
DEQ 24-1992, f. 10-23-92, cert. ef. 11-1-92
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 8-1985, f. & ef. 7-25-85

340-102-0018
Identification Number and Verification

In addition to the provisions of 40 C.F.R. 262.18, as a matter of policy, the Department will accept EPA identification numbers already assigned and use a modified EPA registration form and identification numbering system (Dun and Bradstreet) for generators who register in the future. Effective January 1, 1991, and annually thereafter, hazardous waste generators and hazardous waste management and recycling facilities shall verify registration information on a form provided by the Department.

Statutory/Other Authority: ORS 183, 459, 466.020, ORS 466.075, 466.165, 466.195 & 468
Statutes/Other Implemented: ORS 466.075
History:
DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022

340-102-0034
Accumulation Time, Container and Tank Management Standards

(1) In addition to the requirements of 40 C.F.R. 262.17, a generator may accumulate hazardous waste on-site for 90 days or less without a permit provided that, if storing in excess of 100 containers, the waste is placed in a storage unit that meets the requirements of 40 C.F.R. 264.175.

(2) A generator shall comply with provisions found in 40 C.F.R. 262.

Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Statutes/Other Implemented: ORS 466.075
History:
DEQ 23-2023, minor correction filed 12/01/2023, effective 12/01/2023
DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 6-1994, f. & cert. ef. 3-22-94
DEQ 23-1987, f. & ef. 12-16-87
DEQ 8-1985, f. & ef. 7-25-85

340-102-0040
Recordkeeping

(1) The provisions of section (2) of this rule replace the requirements of 40 CFR 262.40(b).

(2) A generator must keep a copy of reports submitted to the Department under OAR 340-102-0041 and under 40 CFR 262.42(b) for a period of at least three years from the due date of the report.

(3) The record retention requirement of section (2) of this rule applies to the provisions of 40 CFR 262.44.

Statutory/Other Authority: ORS 183.325-337, 459, 465.009, 466.020, 465.009, 468.020 & 468
Statutes/Other Implemented: 466.075 & 466.090
History:
DEQ 12-1996, f. & cert. ef. 7-31-96
DEQ 13-1991, f. & cert. ef. 8-5-91
DEQ 8-1985, f. & ef. 7-25-85

340-102-0041
Generator Reporting

(1) The provisions of this rule replace the requirements of 40 C.F.R. 262.41 and 262.18.

(2) A person producing at any time more than one kilogram of acutely hazardous waste, a total of more than 100 kilograms of hazardous waste in a calendar month, or who accumulates on-site at any time a total of more than 1,000 kilograms of hazardous waste, shall submit Quarterly Reports through the period ending December 31, 1991 to the Department. 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 persons defined as small quantity hazardous waste generators, large quantity hazardous waste generators, reverse distributors, as well as very small quantity generators conducting an episodic event in compliance with OAR 340-102-0230, and/or hazardous waste recyclers. The report shall contain information required by the Department covering 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 status;

(b) Information required for purposes of describing hazardous waste generator and waste management activity, including information pertaining to hazardous waste storage, treatment, disposal, and recycling efforts and practices;

(c) Information required for the assessment of fees; and

(d) Information required for the Department’s preparation and completion of the Biennial Report and Capacity Assurance Plan.

(3) Quarterly Reports are due within 45 days after the end of each calendar quarter for 1991 (the final quarterly report will be due February 15, 1992). The quarterly reporting requirement will sunset on December 31, 1991:

(a) The Quarterly Report shall include, but not be limited to the following information:

(A) A copy of the completed manifest or a listing of the information from each manifest for each shipment made during the calendar quarter;

(B) A listing of all additional hazardous waste generated during the quarter that was sent off-site without a manifest or was used, reused or reclaimed on-site, on a form provided by the Department. The listing shall include, but not be limited to:

(i) The generator’s name and address;

(ii) The generator’s U.S. EPA/DEQ Identification Number;

(iii) Identification of the calendar quarter in which the waste was generated;

(iv) The type and quantity of each waste generated, by EPA code number; and

(v) The disposition of each waste, including the identity of the receiving party for wastes shipped off-site and handling method; and

(C) If no hazardous waste was generated during the quarter, a statement to that effect, on a form provided by the Department.

(b) Reports submitted to the Department must be accompanied by the following certification signed and dated by the generator or his/her authorized representative:

“I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

(4) Any generator who is receiving hazardous waste from off-site, generating or managing hazardous waste on-site, including recycling, except closed-loop recycling must submit an annual report covering those wastes and activities in accordance with the provisions of OAR 340-104-0075 and of 40 C.F.R., Part 266.

(5) Dry cleaning operators of dry cleaning facilities must complete an annual dry cleaner hazardous waste and air quality compliance report pursuant to OAR 340-124.

Statutory/Other Authority: ORS 183, 466.020, 466.075, 466.105, 466.165, 466.195 & 468
Statutes/Other Implemented: ORS 466.075 & 466.090
History:
DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 13-2002, f. & cert. ef. 10-9-02
DEQ 13-1991, f. & cert. ef. 8-5-91
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 19-1988, f. & cert. ef. 7-13-88
DEQ 10-1987, f. & ef. 6-11-87
DEQ 8-1985, f. & ef. 7-25-85

340-102-0050
International Shipments

(1) Any person who is required to comply with 40 CFR 262.50 through 262.58 shall also comply with section (2) of this rule.

(2) When shipping hazardous waste outside the United States, the generator must notify the Department in writing in accordance with 40 CFR 262.53.

(3) These notices must be sent to Department of Environ-mental Quality, Hazardous Waste Section.

Statutory/Other Authority: ORS 183, 459, 466 & 468
Statutes/Other Implemented: ORS 466.075
History:
DEQ 19-1988, f. & cert. ef. 7-13-88
DEQ 8-1985, f. & ef. 7-25-85

340-102-0065
Hazardous Waste Generator Fees

(1)(a) A person must pay an annual hazardous waste generation fee if that person:

(A) Generates more than 100 kilograms (220 pounds) of hazardous waste in any calendar month, or

(B) Generates more than 1 kilogram (2.2 pounds) of acutely hazardous waste in any calendar month, or

(C) Accumulates more than 1,000 kilograms (2,200 pounds) of hazardous waste at any time in a calendar year.

(b) The Department will assess fees annually for hazardous waste management activities conducted in the previous year.

(2)(a) The Department will assess a late charge equal to ten percent of the fee due if the Department does not receive the fees by the due date on the invoice.

(b) The Department will assess an additional late charge of ten percent of the unpaid amount for each 30 days that the invoice remains unpaid.

(c) The Department will not assess any additional late charges after 90 days. However, the Department may take whatever action it determines necessary to collect the outstanding amount. This may include, but is not limited to, referring such invoices to the Department of Revenue for collection or collecting in Small Claims Court. The Department will increase accounts referred to the Department of Revenue for collection or collected in Small Claims Court by 20 percent of the unpaid amount or $100, whichever is greater, to recover a portion of the costs for referral or collection.

(3)(a) ORS 466.165 sets the base hazardous waste generation fee.

(b) In order to determine annual hazardous waste generation fees, the Department may use generator reports required by OAR 340-102-0041, facility reports required by OAR 340-104-0075, information derived from manifests required by 40 C.F.R. Section 262.20, and any other relevant information.

(c) Unless density information is reported, the Department will use the following conversion factors: one metric ton = 1,000 kilograms = 2,205 pounds = 1.10 short tons = 1.31 cubic yards = 264.23 gallons = 4.80 drums (55 gallon).

(d) The Department will calculate each person's hazardous waste generation fee by multiplying the base fee by the weight of each hazardous waste stream and by the fee factors listed in Table 1 for the management method the person reports in the annual generation report (OAR 340-102-0041).

 (4) As of July 19, 2019, and January 1 every year after that date, each hazardous waste generator, as defined in subsection 1(a), must pay an annual hazardous waste activity verification fee. This fee is in addition to the annual hazardous waste generation fee. Table 2 sets the amount of the fee. The fee is due when the Department bills for that fee.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Statutory/Other Authority: ORS 466.165 & 468.020
Statutes/Other Implemented: ORS 466.165
History:
DEQ 17-2019, amend filed 07/18/2019, effective 07/19/2019
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 2-2009, f. & cert. ef. 6-25-09
DEQ 8-2005, f. & cert. ef. 7-14-05
DEQ 11-1998, f. & cert. ef. 6-26-98
DEQ 14-1997, f. & cert. ef. 7-23-97
DEQ 2-1994, f. & cert. ef. 2-2-94
DEQ 11-1992, f. & cert. ef. 6-9-92
DEQ 13-1991, f. & cert. ef. 8-5-91
DEQ 33-1989, f. & cert. ef. 12-14-89
DEQ 19-1989(Temp), f. & cert. ef. 7-31-89 (and corrected 8-3-89)
DEQ 11-1988, f. & cert. ef. 5-19-88
DEQ 14-1987, f. & ef. 7-28-87
DEQ 8-1985, f. & ef. 7-25-85

340-102-0070
Farmers

In addition to the provisions of 40 C.F.R. § 262.70, a farmer disposing of waste pesticides from the farmer’s own use which are hazardous wastes must comply with the requirements of division 109 of these rules.

Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Statutes/Other Implemented: ORS 466.020 & 466.075
History:
DEQ 5-2015, f. & cert. ef. 4-15-15
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 19-1988, f. & cert. ef. 7-13-88, Renumbered from 340-102-0051
DEQ 8-1985, f. & ef. 7-25-85

340-102-0200
Academic Laboratories

(1) The reporting provisions of 40 C.F.R 262.41 are deleted and replaced by OAR 340-102-0041(2).

(2) The phrase “associated with the container” regulated under 40 C.F.R. 262.206(a)(2), § 262.208(d)(1)(i), § 262.208(d)(2)(i), § 262.210(b)(2), § 262.211(e)(2), § 262.212(e)(2), and § 262.214(a)(1)(ii) is deleted.

(3) A Department or EPA Identification Number is required for all academic entities who opt into Subpart K by the provisions of OAR 340-102-0012 replacing the requirements of 40 C.F.R. 262.203(a);

(4) When notifying the Department as 40 C.F.R. 262.203(a) requires, to opt-in to Subpart K, an eligible academic entity is required to submit their completed Laboratory Management Plan as defined in 40 C.F.R. 262.214.

Statutory/Other Authority: ORS 183, 192, 459, 465.009, 466.015, 466.020, 466.075, 466.090, 466.105, 466.165, 466.195, 468 & 646
Statutes/Other Implemented: ORS 466.075
History:
DEQ 5-2017, f. & cert. ef. 7-12-17

340-102-0230
Episodic Generation

(1) The provisions of this rule are in addition to the requirements of 40 C.F.R. 262 Subpart L.

(2) All episodic generators are required to submit an annual hazardous waste generator report and pay hazardous waste generation fees as required by OAR 340-102-0041 and OAR 340-102-0065.

(3) Planned events require prior written Department approval to qualify as episodic.

(4) Generators must submit written notification on the form provided by the Department to DEQ within five days of submitting the initial 72-hour notification for unplanned events.

Statutory/Other Authority: ORS 183, 459, 466.020, ORS 466.075, 466.105, 466.165, 466.195 & 468
Statutes/Other Implemented: ORS 466.075 & 466.090
History:
DEQ 20-2022, amend filed 11/21/2022, effective 01/01/2023
DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022

340-102-0500
Healthcare Facilities and Reverse Distributors

(1) The notification requirements of 40 C.F.R. 266.502(a)(1)(i) and (ii), and 40 C.F.R. 266.510(a)(1)(i) and (ii), are deleted and replaced by DEQ notification requirements for healthcare facilities or reverse distributors to notify within 60 days of being subject to 40 C.F.R. 266 Subpart P as required under OAR 340-100-0010.

(2) The reporting provisions of 40 C.F.R 266.510(c)(9)(i) are deleted and replaced by OAR 340-102-0041(2).

(3) In addition to the provisions of 40 C.F.R. 266.507(c) & (d), empty container(s) and empty container residue(s) definitions are added as specified under OAR 340-100-0010.

Statutory/Other Authority: ORS 183, 192, 459, 465.009, 466.015, 466.020, ORS 466.075, 466.090, 466.105, 466.165, 466.195, 468 & 646
Statutes/Other Implemented: ORS 466.075
History:
DEQ 21-2022, minor correction filed 11/21/2022, effective 11/21/2022
DEQ 20-2021, adopt filed 11/18/2021, effective 01/01/2022