Current through Register Vol. 63, No. 3, March 1, 2024
(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.
