(1)
The provisions of this rule replace 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.
(3) A person who generates a
residue, as defined in OAR
340-100-0010(2)(ee),
must keep a copy of all documentation used or created in determining whether
the residue is a hazardous waste, under section (2) of this rule, for a minimum
of three years after the waste stream is no longer generated, or as prescribed
in 40 C.F.R. §
262.40(c). The person is not
required to create new documentation if no documentation is created in making
the waste stream determination.
Notes
Or. Admin. Code
§
340-102-0011
DEQ 8-1985, f. & ef.
7-25-85; DEQ 4-1991, f. & cert. ef. 3-15-91 (and corrected 6-20-91); DEQ
24-1992, f. 10-23-92, cert. ef. 11-1-92; DEQ 6-1994, f. & cert. ef.
3-22-94; DEQ 10-2000, f. & cert. ef. 7-21-00; DEQ 13-2002, f. & cert.
ef. 10-9-02; DEQ 13-2003, f. & cert. ef. 10-24-03; DEQ 6-2013(Temp), f.
& cert. ef. 8-14-13 thru 2-10-14; Reverted to DEQ 13-2003, f. & cert.
ef. 10-24-03,
DEQ
5-2015, f. & cert. ef.
4/15/2015; DEQ 87-2018, minor correction filed
04/10/2018, effective 04/10/2018;
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
