Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Conversion technology facilities subject to this rule must prepare a conversion
technology facility Operations Plan for review and approval by the department
that describes how the conversion technology facility will be designed and
operated to meet the performance standards in OAR
340-096-0170.
The Operations Plan Approval fee required by OAR
340-097-0120(4)
must be submitted to the department with the proposed plan.
(2) Except as provided in OAR
340-096-0160(9),
a conversion technology facility subject to this rule may not begin or continue
operation until the department approves the facility Operations Plan. All
conversion technology facilities subject to this rule must operate in
compliance with the Operations Plan approved by the department. Any significant
changes in the Operations Plan must be approved by the department.
(3) If the department determines that an
approved Operations Plan is incomplete, inadequate, or otherwise fails to
provide the necessary information and assurances that the conversion technology
facility will comply with the performance standards of OAR
340-096-0170
or with section (5) of this rule, the department may require the conversion
technology facility to revise the Operations Plan.
(4) All Operations Plans subject to this rule
must address each element of this section.
(a) Feedstocks and products. The Operations
Plan must describe the types and volumes of feedstocks the facility will
accept, the manner in which feedstocks will be accepted and stored, the
conversion technology process to be used to produce products, the manner in
which products will be stored, the proposed uses of products, any wastes that
will be produced, how those wastes are, or will be, characterized according to
hazardous waste rules and the manner in which those wastes will be disposed.
(b) Protection of surface water.
The Operations Plan must describe how the facility will be designed and
operated to comply with OAR
340-096-0170(1)
and (2) by describing the operational
procedures and any structures the facility will use to manage any process
water, leachate or stormwater generated at the facility. Any facility that
manages process water, leachate or stormwater in an engineered structure must
submit detailed plans and specifications for any such structures and comply
with the same leachate and stormwater collection requirements that apply to
compost facilities under OAR
340-096-0130.
(c) Protection of groundwater. The
Operations Plan must describe how the facility will be designed and operated to
comply with OAR
340-096-0170(3).
Any facility that manages process water, leachate or stormwater through
infiltration into soil must comply with the same groundwater protection
requirements that apply to compost facilities under OAR
340-096-0120.
(d) Odor control. The Operations
Plan must describe the methods and procedures the facility will use to comply
with OAR
340-096-0170(4).
(e) Vector attraction. The
Operations Plan must describe methods the facility will use to comply with OAR
340-096-0170(5)
to minimize the attraction of vectors such
as rats, birds and flies.
(f)
Closure. The Operations Plan must include a Closure Plan that addresses:
(A) Removal of equipment and materials used
to operate and maintain the facility;
(B) Disposal of unused feedstocks, partially
processed residues, finished products that cannot be marketed or used for
beneficial purposes and wastes; and
(C) Abandonment of the facility, including
ponds and lagoons, buildings, emission controls, waste treatment or other
pollution control facilities and removal of residues, including a preliminary
evaluation of potential impacts to soil and groundwater.
(g) Post Closure. When required by the
department, the Operations Plan must include a Post-Closure Plan to address
potential or actual contamination to groundwater and surface water or impacts
to soil or any corrective action needed to address environmental issues after
the facility is closed.
(h)
Recordkeeping. The Operations Plan must describe the methods the facility will
use for keeping records of:
(A) Weight and
volumes of incoming feedstocks;
(B) Testing, if any, of feedstocks received
at the facility and materials and wastes produced by the facility;
(C) Complaints and actions taken to address
complaints;
(D) Spill response;
(E) Any upsets or violations of
the Operations Plan or any department rules;
(F) The quantities of materials and wastes
produced by the facilities, and the disposition of those materials and wastes;
and
(G) Staff training records
related to facility operations.
(i) Screening and Training requirements. If
the proper operation of the facility requires the identification and removal of
materials that could threaten human health or the environment, or that could
interfere with the conversion technology process or increase the toxicity of
materials produced by the facility, then the Operations Plan must specify the
methods that will be used to exclude potentially harmful material from entering
and being processed by the conversion technology, and must also specify the
training that will be provided so that facility staff can properly identify and
remove prohibited or potentially damaging materials.
(5) As part of the Operations Plan approval
process, the department will review with the conversion technology facility the
matters listed in this section. The department may require, either in its
initial Operations Plan review or under section (3) of this rule, that an
Operations Plan include any of the additional matters listed below if the
department determines that such measures are necessary for the facility to meet
the performance standards requirements of OAR
340-096-0170,
to comply with any other laws or regulations, or to correct other unacceptable
conditions at a facility.
(a) Process
controls.
(A) Describe how the facility will
monitor and record processing parameters including but not limited to
temperature, contamination levels, storage and retention time for products, and
product quality.
(B) Include a
mass balance calculation showing all feedstocks and all products produced. The
mass balance calculation must be detailed and use a standard unit of
measurement throughout.
(C)
Include any other information the department may deem necessary to determine
whether the proposed facility and the operation thereof will comply with
performance standards and all applicable rules of the department.
(b) Removal of finished products.
(A) Provide for removal of finished products
from the facility as frequently as possible, but not later than six months
after processing has begun, unless the facility demonstrates a need to store
finished product for a longer period of time and the department approves the
longer period of time; and
(B)
Describe how the facility will manage and dispose of products that due to
concentrations of contaminants cannot be marketed or used for beneficial
purposes.
(c)
Processing and management of feedstocks. Provide a feedstock management plan
that includes a feedstock acceptance process to prevent acceptance of
unauthorized, contaminated, incompatible or otherwise unusable feedstocks and a
schedule for processing of feedstocks to prevent accumulation of unprocessed
material.
(d) Storage of
feedstocks.
(A) Identify designated areas
where all feedstocks deposited at the site will be confined;
(B) Provide that accumulation of feedstocks
does not create odor or vector problems, or create other nuisance conditions;
(C) Provide that undisposed
residues are kept to minimum practical quantities; and
(D) Provide for facilities and procedures for
handling, recycling or disposing of feedstocks that are unauthorized,
contaminated, not compatible with the conversion technology process or
otherwise unusable.
(e)
Salvage. Describe procedures for recovery of materials such as metal, paper and
glass so that recovery does not interfere with conversion technology
operations, or create unsightly conditions or vector harborage.
(f) Access Roads.
(A) Provide for all-weather roads from the
public highway or roads to, and within, the facility that are designed and
maintained to prevent traffic congestion, traffic hazards and dust; and
(B) Provide for effective barriers
to unauthorized entry and dumping, such as fences, gates and locks.
(g) Fire Protection. Provide for
fire protection in compliance with applicable state and local fire regulations.
(h) Dust and litter. Provide for
effective methods to reduce or avoid dust, and litter, and to prevent tracking
of mud or other materials off the facility;
(i) Containers. Describe how the facility
will clean and manage all containers at the facility.
(j) Vehicles. Describe how all vehicles and
devices operated by facility will be maintained and operated to prevent leaking
or spilling of feedstocks or finished products while in transit.
(k) Truck Covers. Describe how the facility
will notify all incoming feedstock haulers that trucks must be covered or
suitably cross-tied to prevent any load loss during shipment.
Stat. Auth.: ORS 459.045, 459A.025 & 468.020
Stats. Implemented: ORS 459.005, 459.015 &
459.205
