(1) Abrasive Blast Waste Containing
Pesticides. Abrasive blast waste which contains pesticides that do not meet the
criteria specified in 40 CFR Part
261, Subpart C, is not a federal hazardous
waste for any other reason, and fails the "Department of Environmental Quality
Aquatic Toxicity Test," whereby a representative sample of a pesticide residue
exhibits a 96-hour aquatic toxicity LC50 equal to or less than 250 mg/l, are
not subject to OAR 340, divisions 100 to 106, 109 and 142 provided:
(a) The waste is prevented from entering the
environment; and:
NOTE: The practices described in Appendix 1, "Best Pollution
Prevention Practices for Abrasive Blast Media Waste from Shipyard Repair
Facilities," provide guidance. The guidance in Appendix 1 or equivalent Best
Pollution Prevention Practices should be used.
(b) The waste is not stored for more than six
months unless the generator demonstrates that a longer storage time is
necessary to meet the management standards in OAR
340-101-0040(1)(c);
and,
(c) The waste is recycled,
disposed of according to OAR
340-093-0190(1)(f),
or disposed of at a hazardous waste facility or other facility authorized to
receive such waste.
(2)
Pesticide Treated Wood. Spent treated wood that is used or reused for a purpose
for which the material would be treated is exempt from OAR
340-101-0040(2).
Waste resulting from the use of newly pesticide-treated wood (including scrap
lumber, shavings and sawdust; waste resulting from shaping pesticide-treated
wood, such as sawdust, shavings and chips; and treated wood removed from
service) that does not meet the criteria specified in 40 CFR Part
261, Subpart
C; and is not a federal hazardous waste for any other reason; and is not
otherwise excluded by 40 CFR
261.4(b)(9), and is not
pesticide residue as defined in OAR
340-100-0010 is not subject to
Divisions 100 to 106, 109 and 142 provided:
(a) The waste is not stored for more than six
months unless the generator demonstrates that a longer storage time is
necessary to meet the management standards in OAR
340-101-0040(2)(b);
and
(b) The waste is recycled or
disposed of according to OAR
340-093-0190(1)(g)
or is managed at a facility authorized to receive such waste.
[NOTE: View a PDF of Appendix 1 by clicking on "Tables" link
below.]
Notes
Or. Admin. Code
§
340-101-0040
DEQ 6-1994, f. & cert.
ef. 3-22-94; DEQ 11-1995, f. & cert. ef. 5-19-95; DEQ 12-1996, f. &
cert. ef. 7-31-96; DEQ 13-2003, f. & cert. ef. 10-24-03;
DEQ
13-2019, amend filed 05/16/2019, effective
5/16/2019;
DEQ
22-2022, minor correction filed 11/21/2022, effective
11/21/2022
Statutory/Other Authority: ORS
183.325-337,
465.009,
466.020,
466.090 &
468.020
Statutes/Other Implemented: ORS
466.020,
466.025,
466.075 &
466.100
