Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 100 - HAZARDOUS WASTE MANAGEMENT
Section 340-100-0010 - Definitions
Universal Citation: OR Admin Rules 340-100-0010
Current through Register Vol. 63, No. 3, March 1, 2024
(1) The definitions in this rule modify, or are in addition to, the definitions contained in 40 C.F.R. § 260.10 and as specified below.
(2) When used in divisions 100 to 110 and 120 of this chapter, the following terms have the meanings given below:
(a) "Administrator" means:
(A) The "Department", except as specified in
paragraph (2)(a)(B) or (C) of this rule;
(B) The "Commission," when used in
40 C.F.R. §§
261.10 and
261.11; or
(C) The Administrator of the U.S.
Environmental Protection Agency, when used in
40 C.F.R. §
262.50.
(b) "Aquatic LC50" (median aquatic lethal
concentration) means that concentration of a substance which is expected in a
specific time to kill 50 percent of an indigenous aquatic test population
(e.g., fish, insects or other aquatic organisms). Aquatic LC50 is expressed in
milligrams of the substance per liter of water.
(c) "Beneficiation of Ores and Minerals"
means upgrading ores and minerals by purely physical processes (e.g., crushing,
screening, settling, flotation, dewatering and drying) with the addition of
other chemical products only to the extent that they are a non-hazardous aid to
the physical process (such as flocculants and deflocculants added to a
froth-flotation process).
(d) "CEG"
or "conditionally exempt generator" or "conditionally exempt small quantity
generator" is equivalent to very small quantity generator as defined under
40 C.F.R.
260.10.
(e) "Collection." See "Storage."
(f) "Commission" means the Environmental
Quality Commission.
(g)
"Demilitarization" means all processes and activities at the Umatilla Chemical
Depot (OR 6213820917) and Umatilla Chemical Agent Disposal Facility (ORQ
000009431) from February 12, 1997, through Department approval of the closure
of all permitted treatment, storage and disposal units and facility-wide
corrective action.
(h)
"Demilitarization Residue" means any solid waste generated by demilitarization
processes and activities as defined in 340-100-0010(2)(f), except for:
(A) Waste streams generated from processes or
activities prior to the introduction of nerve or blister agent into the
treatment unit; and
(B) Waste
steams generated from maintenance or operation of non-agent contaminated
process utility systems.
(i) "Department" means the Department of
Environmental Quality except it means the Commission when the context relates
to a matter solely within the authority of the Commission such as: The adoption
of rules and issuance of orders thereon pursuant to ORS
466.020,
466.075, and
466.510; the making of findings
to support declassification of hazardous wastes pursuant to ORS
466.015(3); the
issuance of exemptions pursuant to ORS
466.095(2); the
issuance of disposal site permits pursuant to ORS
466.140(2); and
the holding of hearings pursuant to ORS
466.130,
466.140(2),
466.170,
466.185, and
466.190.
(j) "Director" means:
(A) The "Department", except as specified in
paragraph (2)(i)(B) of this rule; or
(B) The "permitting body", as defined in
section (2) of this rule, when used in
40 C.F.R. §§
124.5,
124.6,
124.8,
124.10,
124.12,
124.14,
124.15 and
124.17.
(k) "Disposal" means the discharge, deposit,
injection, dumping, spilling, leaking, or placing of any hazardous waste or
hazardous substance into or on any land or water so that the hazardous waste or
hazardous substance or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters of the state as defined in
ORS 468B.005.
(l) "Dry Cleaning Facility" means any
facility as defined by 40
C.F.R. §
260.10 and adopted under OAR
340-100-0002, located in this state that is or was engaged in dry cleaning
apparel and household fabrics for the general public, and dry stores, other
than:
(A) A facility located on a United
States military base;
(B) A uniform
service or linen supply facility;
(C) A prison or other penal institution;
or
(D) A facility engaged in dry
cleaning operations only as a dry store and selling less than $50,000 per year
of dry cleaning services.
(m) "Dry Cleaning Operator" means a person
who has, or had, a business license to operate a dry cleaning facility or a
business operation that a dry cleaning facility is a part of or any person that
owns the dry cleaning business, leases the operation of the dry cleaning
business from the owner, or makes any other kind of agreement or arrangement
whereby they operated the dry cleaning business.
(n) "Dry Cleaning Wastewater" means water
from the solvent/water separation process of the dry cleaning
machine.
(o) "EPA" or
"Environmental Protection Agency" means the Department of Environmental
Quality.
(p) "EPA Form 8700-12"
means EPA Form 8700-12 as modified by the Department.
(q) "Existing Hazardous Waste Management
(HWM) Facility" or "Existing Facility" means a facility which was in operation
or for which construction commenced on or before November 19, 1980, or is in
existence on the effective date of statutory or regulatory changes under Oregon
law that render the facility subject to the requirement to have a permit. A
facility has commenced construction if:
(A)
The owner or operator has obtained the federal, state, and local approvals or
permits necessary to begin physical construction; and either
(B)
(i) A
continuous on-site, physical construction program has begun; or
(ii) The owner or operator has entered into
contractual obligations - which cannot be canceled or modified without
substantial loss - for physical construction of the facility to be completed
within a reasonable time.
(r) "Extraction of Ores and Minerals" means
the process of mining and removing ores and minerals from the earth.
(s) "Generator" means the person who, by
virtue of ownership, management or control, is responsible for causing or
allowing to be caused the creation of a hazardous waste.
(t) "Hazardous Substance" means any substance
intended for use which may also be identified as hazardous under division
101.
(u) "Hazardous Waste" means a
hazardous waste as defined in
40 C.F.R.
261.3, OAR 340-101-0033 and
340-102-0011.
(v) "Identification
Number" means the number assigned by DEQ to each generator, transporter, and
treatment, storage and disposal facility.
(w) "Ignitable" or "exhibits the
characteristic of ignitability" means it is a liquid, other than a solution
containing less than 24 percent ethyl alcohol by volume, at least 50 percent
water by weight, and no other ignitable constituents, that has a flash point
less than 60°C (140°F) as determined under
40 C.F.R.
261.21(a)(1). Or if a
representative sample of the waste has any of the properties referenced in
40 C.F.R. §§
261.21(a)(2) through
262.21(a)(4).
(x) "License." See "Permit."
(y) "Management Facility" means a hazardous
waste treatment, storage or disposal facility.
(z) "Off-site" means any site which is not
on-site.
(aa) "Oxidizer" means any
substance such as a chlorate, permanganate, peroxide, or nitrate, that yields
oxygen readily or otherwise acts to stimulate the combustion of organic matter
(see 49 C.F.R.
173.127).
(bb) "Permitting Body" means:
(A) The Department of Environmental Quality,
when the activity or action pertains to hazardous waste storage or treatment
facility permits; or
(B) The
Environmental Quality Commission, when the activity or action pertains to
hazardous waste disposal facility permits.
(cc) "Permit" or "License" means the control
document that contains the requirements of ORS Chapter 466 and OAR 340,
divisions 104 to 106 and 120. Permit includes permit-by-rule and emergency
permit. Permit does not include any permit which has not yet been the subject
of final Department action, such as a draft permit or a proposed
permit.
(dd) "RCRA" or "Resource
Conservation and Recovery Act", when used to refer to a federal law, means
Oregon law.
(ee) "RCRA Permit"
means Oregon hazardous waste management facility permit.
(ff) "Regional Administrator" means:
(A) The "Department", except as specified in
paragraph (2)(dd)(B) or (C) of this rule;
(B) The "permitting body", as defined in
section (2) of this rule when used in
40 C.F.R. §§
124.5,
124.6,
124.8,
124.10,
124.12,
124.14,
124.15 and
124.17;
(C) The "Commission", when used in
40 C.F.R. §§
260.30 through
260.41.
(gg) "Residue" means solid waste as defined
in 40 C.F.R. §
261.2.
(hh) "Site" means the land or water area
where any facility or activity is physically located or conducted, including
adjacent land used in connection with the facility or activity.
(ii) "Spill" means unauthorized
disposal.
(jj) "Storage" or
"Collection" means the containment of hazardous waste either on a temporary
basis or for a period of years, in a manner that does not constitute disposal
of the hazardous waste.
(kk) "Waste
Management Unit" means a contiguous area of land on or in which waste is
placed. A waste management unit is the largest area in which there is a
significant likelihood of mixing of waste constituents in the same area.
Usually, but not always, this is because each waste management unit is subject
to a uniform set of management practices (e.g., one liner and leachate
collection and removal system). The provisions in the OAR 340, Division 104
regulations (principally the technical standards in Subparts K-N of 40 C.F.R.
Part 264) establish requirements that a person subject to these rules must
implement on a unit-by-unit basis.
(3) When used in divisions 100 to 106, 109, 113 and 142 of this chapter, the following terms have the meanings given below:
(a) "Aeration" means a specific treatment for
decontaminating an empty volatile substance container by removing the closure
and placing the container in an inverted position for at least 24
hours.
(b) "Beneficial Use" means
returning without processing unused pesticide product (e.g., pesticide
equipment rinsing, excess spray mixture) or empty pesticide containers to the
economic mainstream as a substitute for raw materials in an industrial process
or as a commercial product (e.g., melting a container for scrap
metal).
(c) "Department" means the
Department of Environmental Quality.
(d) "Empty Container" means a container from
which:
(A) All the contents have been removed
that can be removed using the practices commonly employed to remove materials
from that type of container; and
(B)
(i) No
more than one inch of residue remains on the bottom of the container;
or
(ii) No more than three percent
of the total capacity of the container remains in the container if the
container is less than or equal to 110 gallons in size; or
(iii) No more than 0.3% of the total capacity
of the container remains in the container or inner liner if the container is
greater than 110 gallons in size; or
(iv) If the material is a compressed gas, the
pressure in the container is atmospheric.
(e) "Household Use" means use by the home or
dwelling owner in or around households (including single and multiple
residences, hotels and motels).
(f)
"Jet Rinsing" means a specific treatment for an empty container using the
following procedure:
(A) A nozzle is inserted
into the container, or the empty container is inverted over a nozzle such that
all interior surfaces of the container can be rinsed; and
(B) The container is thoroughly rinsed using
an appropriate solvent.
(g) "Multiple Rinsing" means a specific
treatment for an empty container repeating the following procedure a minimum of
three times:
(A) An appropriate solvent is
placed in the container in an amount equal to at least 10% of the container
volume; and
(B) The container is
agitated to rinse all interior surfaces; and
(C) The container is opened and drained,
allowing at least 30 seconds after drips start.
(h) "Pesticide" means any substance or
combination of substances intended to defoliate plants or to prevent, destroy,
repel, or mitigate insects, fungi, weeds, rodents, or predatory animals.
Pesticide includes but is not limited to defoliants, desiccants, fungicides,
herbicides, insecticides, and nematocides as defined by ORS
634.006.
(i) "Pesticide Equipment" means any
equipment, machinery or device used in pesticide manufacture, repackaging,
formulation, bulking and mixing, use, cleaning up spills, or preparation for
use or application of pesticides, including but not limited to aircraft, ground
spraying equipment, hoppers, tanks, booms and hoses.
(j) "Pesticide Residue" is a waste that is
generated from pesticide operations and pesticide management, such as from
pesticide use (except household use), manufacturing, repackaging, formulation,
bulking and mixing, and spills.
(A) Pesticide
residue includes, but is not limited to, unused commercial pesticides, tank or
container bottoms or sludges, pesticide spray mixture, container rinsings\ and
pesticide equipment washings, and substances generated from pesticide
treatment, recycling, disposal, and rinsing spray and pesticide
equipment.
(B) Pesticide residue
does not include pesticide-containing materials that are used according to
label instructions, and substances such as, but not limited to, treated soil,
treated wood, foodstuff, water, vegetation, and treated seeds where pesticides
were applied according to label instructions. Pesticide residue does not
include wastes that are listed in 40 C.F.R. Part 261 Subpart D or that exhibit
one or more of the characteristics identified in 40 C.F.R. Part 261 Subpart
C.
(k) "Public-Use
Airport" means an airport open to the flying public which may or may not be
attended or have service available.
(l) "Reuse" means the return of a commodity
to the economic mainstream for use in the same kind of application as before
without change in its identity (e.g., a container used to repackage a pesticide
formulation).
Statutory/Other Authority: ORS 465.009 & 466.020
Statutes/Other Implemented: ORS 465.003, 465.009, 466.005, 466.075 & 466.105
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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