Current through Register Vol. 63, No. 3, March 1, 2024
Any person may apply to the Department for case-specific
approval for the beneficial use of a solid waste that is not a standing
beneficial use under OAR
340-093-0270.
A written application must include the information required under the tier in
sections (1), (2), or (3) of this rule that is most appropriate for the level
of Department review necessary to make a determination.
(1) Tier One, an application for the
beneficial use of a solid waste that does not contain hazardous substances
significantly exceeding the concentration in a comparable raw material or
commercial product and that will be used in a manufactured product, must
include:
(a) Name, address, and telephone
number of the applicant and the generator;
(b) Description of the material, manner of
generation, and estimated quantity to be used each year;
(c) A description of the proposed
use;
(d) A comparison of the
chemical and physical characteristics of the material proposed for use with the
material it will replace;
(e) A
demonstration of compliance with the performance criteria in OAR
340-093-0280
based on knowledge of the process that generated the material, properties of
the finished product, or testing; and
(f) Any other information the Department may
require to evaluate the proposal.
(2) Tier Two, an application for the
beneficial use of a solid waste that contains hazardous substances
significantly exceeding the concentration in a comparable raw material or
commercial product, or involves application on the land must include:
(a) The information required in section (1)
of this rule;
(b) Sampling and
analysis that provides chemical, physical, and where appropriate, biological
characterization of the material and potential contaminants in the material or
the end product, if applicable;
(c)
A risk screening comparing the concentration of hazardous substances in the
material to existing, Department approved, risk-based screening level values
and demonstrating compliance with acceptable risk levels;
(d) Location or type of land use where the
material will be applied, consistent with the risk scenarios used to evaluate
risk; and
(e) A description of how
the material will be managed to minimize potential adverse impacts to public
health, safety, welfare, or the environment.
(3) Tier Three, an application for the
beneficial use of a solid waste that requires research, such as a literature
review or risk assessment, or for a demonstration project to demonstrate
compliance with this rule, must include:
(a)
The information required in section (2) of this rule;
(b) A discussion of the justification for the
proposal;
(c) The expected length
of time that will be required to complete a demonstration; and
(d) The methods proposed to ensure safe and
proper management of the material during a demonstration.
(4) Upon receipt of an application, the
Department:
(a) May request additional
information necessary to determine whether the application meets the criteria
for approval under this rule, and
(b) Will determine the tier in sections (1),
(2), or (3) of this rule that applies to the application and require payment of
the associated fee in OAR
340-097-0120(2)(f).
(5) Upon completing review of the
information submitted, the Department will:
(a) Notify the applicant in writing that a
beneficial use determination has been made including any conditions for the
determination;
(b) Deny the request
for a case-specific beneficial use determination; or
(c) Authorize a demonstration project for an
innovative process or technology that is a proposed beneficial use.
(6) The Department will issue
demonstration project authorizations for a period of up to one year to
determine whether the proposed use meets the criteria for a beneficial use
determination. Within one year, the applicant must submit a progress report to
the Department. Upon completing review of the report, the Department will:
(a) Issue a case-specific beneficial use
determination for the proposed use;
(b) Extend the demonstration authorization
for up to an additional year; or
(c) Deny the request for a beneficial use
determination if the proposed use is not likely to meet the criteria for a
beneficial use determination within an additional one-year period.
(7) At the request of the
Department, a person managing solid waste under this rule must:
(a) Submit a material management plan that
specifies pre-use management requirements for department review and
approval;
(b) Document the current
and reasonably likely future land use, where the beneficial use involves land
application at a specific location;
(c) Allow the Department at any reasonable
time to inspect the location where the material is stored, used, or otherwise
located to ensure compliance with this rule; and
(d) Submit a report that confirms that the
material characterization and operating practices continue to comply with the
beneficial use as approved.
(8) The Department will publish a list of all
case-specific beneficial use determinations.
(9) The Department may modify or revoke a
case-specific beneficial use determination or a demonstration project
authorization if it determines that:
(a) The
application includes a material misrepresentation or false statement;
(b) The material has not been used in
accordance with the performance criteria listed in OAR
340-093-0280
and all specified conditions of approval;
(c) A violation of any statute, rule, order,
permit, ordinance, judgment or decree regarding the use has occurred;
or
(d) Based on new information or
changed conditions, the proposed beneficial use has the potential to cause an
adverse impact to public health, safety, welfare, or the environment.
(10) Upon denial or revocation of
a case-specific beneficial use determination or a demonstration project
authorization, the material is subject to regulation as a solid waste in
accordance with applicable provisions of ORS 459 and OAR chapter 340, divisions
93 through 97. In such a case, failure to comply with these provisions may be
cause for the assessment of civil penalties as provided in OAR chapter 340,
division 12 or for any other enforcement action provided by law.
Stat. Auth.: ORS 459.045, 459.215, 459.235, 459.A025 &
468.065
Stats. Implemented: ORS 459.045, 459.215 &
459.235