Or. Admin. R. 340-101-0033 - Additional Hazardous Wastes

(1)

(a) This section applies to residues that have been determined not to be hazardous waste under 40 CFR 261, Subparts C and D.

(b) This section does not apply to residues that have been identified as hazardous waste under 40 CFR 261, Subparts C and D.

(2) Except as provided in section (4) of this rule, the residues identified in subsections (2)(a) and (2)(b) of this rule are hazardous wastes and are added to and made a part of the list of hazardous wastes in 40 CFR 261.33.

(a) Any residue, including but not limited to manufacturing process wastes and unused chemicals that has either:

(A) A 3 percent or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(e);

(B) A 10 percent or greater concentration of any substance or mixture of substances listed in 40 CFR 261.33(f); or

(b) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water, of either:

(A) A residue identified in subsection (2)(a)(A) of this rule; or

(B) A residue identified in subsection (2)(a)(B) of this rule.

(3) A residue identified as a hazardous waste in subsections (2)(a) or (2)(b) of this rule, and not excluded under section (4) of this rule, has the hazardous waste letters "OR" followed by the corresponding hazardous waste number(s) in 40 CFR 261.33(e) and (f).

(4) The following residues are not additional hazardous wastes under section (2) of this rule:

(a) Mixtures of pesticides identified in section (2) of this rule that are listed in 40 CFR 261.33(e) and (f);

(b) Those substances or mixtures of substances with individual constituents only listed in both 40 CFR 261.24, Table 1, and 40 CFR 261.33(e) and (f); and

(c) U075 (Dichlorodifluoro-methane) and U121 (Trichloromonofluoromethane) when they are intended to be recycled.

NOTE: Pesticide mixtures excluded in Section (4)(a) of this rule are regulated as pesticide residue in Section (6) of this rule.

(5) The wastes identified in subsections (2)(a)(A) and 2 (b)(A) of this rule are identified as acutely hazardous wastes (H) and are subject to the small quantity exclusion defined in 40 CFR 261.5(e).

(6) Any pesticide residue, except residue listed in Table 1 of 40 CFR 261.24 and which passes the evaluation requirement of 40 CFR 261.24(a), is a hazardous waste and is added to and made a part of the list of hazardous waste in 40 CFR 261.31 until it is first managed in accordance with the standards in OAR 340-109-0010(2)(a).

NOTE: 340-101-0033(7) and 340-101-0033(8) have been moved to 340-102-0011(c).

(7) Except as otherwise specified in OAR 340-109-0010(4)(b) hazardous waste identified in this rule is not subject to 40 CFR Part 268 .

Notes

Or. Admin. R. 340-101-0033

DEQ 7-1984, f. & ef. 4-26-84; DEQ 17-1984, f. & ef. 8-22-84; Superseded by DEQ 8-1985; DEQ 8-1985, f. & ef. 7-25-85; DEQ 12-1989, f. & cert. ef. 6-12-89; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91 ); DEQ 11-1992, f. & cert. ef. 6-9-92; DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 20-2021, amend filed 11/18/2021, effective 1/1/2022

Statutory/Other Authority: ORS 466.020 & 466.180

Statutes/Other Implemented: ORS 466.015 & 466.195