Or. Admin. R. 340-101-0040

Current through Register Vol. 63, No. 6, June 1, 2024

Section 340-101-0040 - Wastes Requiring Special Management

(1) Abrasive Blast Waste Containing Pesticides. Abrasive blast waste which contains pesticides that do not meet the criteria specified in 40 CFR Part 261, Subpart C, is not a federal hazardous waste for any other reason, and fails the "Department of Environmental Quality Aquatic Toxicity Test," whereby a representative sample of a pesticide residue exhibits a 96-hour aquatic toxicity LC50 equal to or less than 250 mg/l, are not subject to OAR 340, divisions 100 to 106, 109 and 142 provided:

(a) The waste is prevented from entering the environment; and:

NOTE: The practices described in Appendix 1, "Best Pollution Prevention Practices for Abrasive Blast Media Waste from Shipyard Repair Facilities," provide guidance. The guidance in Appendix 1 or equivalent Best Pollution Prevention Practices should be used.

(b) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(1)(c); and,

(c) The waste is recycled, disposed of according to OAR 340-093-0190(1)(f), or disposed of at a hazardous waste facility or other facility authorized to receive such waste.

(2) Pesticide Treated Wood. Spent treated wood that is used or reused for a purpose for which the material would be treated is exempt from OAR 340-101-0040(2). Waste resulting from the use of newly pesticide-treated wood (including scrap lumber, shavings and sawdust; waste resulting from shaping pesticide-treated wood, such as sawdust, shavings and chips; and treated wood removed from service) that does not meet the criteria specified in 40 CFR Part 261, Subpart C; and is not a federal hazardous waste for any other reason; and is not otherwise excluded by 40 CFR 261.4(b)(9), and is not pesticide residue as defined in OAR 340-100-0010 is not subject to Divisions 100 to 106, 109 and 142 provided:

(a) The waste is not stored for more than six months unless the generator demonstrates that a longer storage time is necessary to meet the management standards in OAR 340-101-0040(2)(b); and

(b) The waste is recycled or disposed of according to OAR 340-093-0190(1)(g) or is managed at a facility authorized to receive such waste.

[NOTE: View a PDF of Appendix 1 by clicking on "Tables" link below.]

Or. Admin. R. 340-101-0040

DEQ 6-1994, f. & cert. ef. 3-22-94; DEQ 11-1995, f. & cert. ef. 5-19-95; DEQ 12-1996, f. & cert. ef. 7-31-96; DEQ 13-2003, f. & cert. ef. 10-24-03; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019; DEQ 22-2022, minor correction filed 11/21/2022, effective 11/21/2022

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 183.325-337, 465.009, 466.020, 466.090 & 468.020

Statutes/Other Implemented: ORS 466.020, 466.025, 466.075 & 466.100