340-110-0001
Purpose, Scope and Applicability

(1) The purpose of this division is to establish requirements for the storage, treatment, disposal and marking prior to disposal of PCB and PCB items.

(2) These regulations are in addition to and do not preempt any local, state or federal statutes or regulations.

(3) This division incorporates, by reference, PCB management regulations of the federal program, included in 40 CFR Part 761 as of July 1, 2004, into Oregon Administrative Rules. Persons must consult 40 CFR Part 761 in addition to this division to determine all applicable PCB management requirements. Persons must also consult division 120 of this chapter for additional siting and permitting requirements for PCB disposal.

Statutory/Other Authority: ORS 183, 459, 466.020, 466.075, 466.105, 466.195 & 468
Statutes/Other Implemented: ORS 466.020, 466.025, 466.030 & 466.505
History:
DEQ 1-2006, f. & cert. ef. 3-15-06
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0003
Definitions

(1) The definitions of the following sections are added to 40 CFR 761.3.

(2) The definitions of OAR 340-100-0010.

(3) For the purpose of this Division:

(a) “Agency’s Regional Administrator in the EPA Region in Which the PCBs are Located” means the Department;

(b) “Agency” means the Department;

(c) “Approve” means permit;

(d) “Approved” means permitted;

(e) “Approval” means permit;

(f) “Assistant Administrator for Pesticides and Toxic Substances” means the Department;

(g) “Appropriate Regional Administrator” means the Department;

(h) “Chemical Waste Landfill” means PCB landfill;

(i) “Environmental Protection Agency” and “EPA” means the Department;

(j) “Initial Report” means application;

(k) “Receive Written Approval” means obtain a permit;

(l) “Regional Administrator” means the Department.

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.005
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0020
Manufacturing, Processing, Distribution in Commerce and Use of PCB and PCB Items

The provisions of 40 CFR 761.20 through 761.35 are deleted.

NOTE: 40 CFR 761.20(e) is adopted by reference with the adoption of 40 CFR, Part 279 (Used Oil Management Regulations) in OAR 340-100-0002. 40 CFR 279.10(i) requires used oil marketers and burners of used oil containing quantifiable levels of PCBs to meet the standards in 40 CFR 761.20(e).

Statutory/Other Authority: ORS 192, 465.009, 466.015, 466.020, 466.075, 466.090, 468.020 & 646
Statutes/Other Implemented: ORS 466.510 & 466.515
History:
DEQ 1-2006, f. & cert. ef. 3-15-06
DEQ 6-1994, f. & cert. ef. 3-22-94
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 12-1986, f. & ef. 5-20-86

340-110-0040
Marking of PCB and PCB Items

The provisions of 40 CFR 761.40 through 761.59 are applicable only as they relate to items removed from service for disposal.

Statutory/Other Authority: ORS 183 & 459
Statutes/Other Implemented: ORS 466
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0060
Treatment and Disposal

(1) Sections (2)–(4) of this rule are added to the provisions of 40 CFR 761.60(a).

(2) “PCB disposal facility” includes a facility for treatment or disposal of PCB or PCB items.

(3) No person shall treat or dispose of PCB or PCB items except at a PCB disposal facility permitted by the Department.

(4) No person shall establish, construct or operate a PCB disposal facility without a permit issued by the Department.

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.025, 466.030 & 466.255
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0061
Additional Disposal Requirements

(1) Section (2) of this rule is added to the provisions of 40 CFR 761(a).

(2) Spills, leaks and other uncontrolled discharges of PCB constitute disposal of PCB and shall be reported and managed in accordance with division 142.

(3) Section (4) of this rule is added to the provisions of 40 CFR 761.60(e).

(4) The permit shall be issued in accordance with divisions 106 and 120 and may contain conditions and provisions as the Department deems appropriate.

(5) Section (6) of this rule is added to 40 CFR 761.60.

(6) Waste Oil. The use of waste oil that contains any detectable concentration of PCB as a sealant coating or dust control agent is prohibited. Prohibited uses include, but are not limited to, road oiling, general dust control, use as a pesticide carrier and use as a rust preventative on pipes.

Statutory/Other Authority: ORS 466 & 468
Statutes/Other Implemented: ORS 459A.595 & 466.635
History:
DEQ 1-2006, f. & cert. ef. 3-15-06
DEQ 13-2003, f. & cert. ef. 10-24-03
DEQ 6-1987, f. & ef. 3-5-87

340-110-0065
Storage for Disposal

(1) The provisions of 40 CFR 761.65(c)(7)(ii) are replaced by section (2) of this rule.

(2) The owners or operators of any facility using containers described in CFR 761.65(c)(7)(i) shall prepare and implement a Spill Prevention Control and Countermeasure (SPCC) plan as described in 40 CFR Part 112. In complying with 40 CFR Part 112, the owner or operator shall read “oil(s)” as “PCB(s)” whenever it appears.

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.265
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0070
Incineration

(1) The Commission shall not issue a permit for any facility designed to dispose of PCB by incineration unless:

(a) The facility is also equipped to incinerate hazardous waste; and

(b) The applicant has received all federal and state permits required to operate a hazardous waste incinerator.

(2) An incinerator that disposes of PCB or PCB items must incinerate more hazardous waste than PCB. Any permit issued by the Commission for the incineration of PCB or PCB items shall contain a condition requiring the incineration of at least this level of hazardous waste.

(3) An incinerator used for the incineration of PCB or PCB items shall be permitted by the Department pursuant to divisions 106 and 120.

NOTE: The owner or operator of an incinerator may also have to obtain an Air Contaminant Discharge Permit from the Department and such permit may establish standards and requirements more stringent than those of 40 CFR 761.70 or this Division.

(4) Section (5) of this rule is added to the provisions of 40 CFR 761.70(d)(1).

(5) Information which shows that Subparts B, C, D, F, G and H of 40 CFR 264 will be met when applied to the incineration of PCB and PCB items.

(6) The provisions of 40 CFR 761.70(d)(8) are replaced by section (7) of this rule.

(7) Transfer of Property. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with OAR 340-105-0010(2)(d)(B)(iv).

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.300 & 466.320
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0075
Landfilling

(1) Section (2) of this rule is added to the provisions of 40 CFR 761.75(c)(1).

(2) Information which shows that Subparts B, C, D, F, G, H and N of 40 CFR 264 will be met when applied to PCB landfills.

(3) The provisions of 40 CFR 761.75(c)(7) are replaced by section (4) of this rule.

(4) Transfer of property. The permit is personal to the permittee and is nontransferable. A new owner or operator shall comply with OAR 340-105-0010(2)(d)(B)(iv).

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.255 & 466.265
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0077
Permits

(1) The procedures and requirements of divisions 105 and 120 shall be followed by an applicant for a PCB disposal facility permit.

(2) The procedures of divisions 106 and 120 will be followed when issuing permits required by this Division.

Statutory/Other Authority: ORS 183, 459 & 468
Statutes/Other Implemented: ORS 466.275 & 466.295
History:
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84

340-110-0080
Records and Monitoring

The provisions of 40 CFR 761.185 through 761.193 are deleted.

Statutory/Other Authority: ORS 466.020, 466.075 & 468.020
Statutes/Other Implemented: ORS 466.105 & 466.195
History:
DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91)
DEQ 12-1986, f. & ef. 5-20-86
DEQ 7-1984, f. & ef. 4-26-84