1. (1)

   1. (a) This section applies to residues that have been determined not to be hazardous waste under 40 C.F.R. 261, Subparts C and D.
   2. (b) This section does not apply to residues that have been identified as hazardous waste under 40 C.F.R. 261, Subparts C and D.

2. (2) Except as provided in section (4) of this rule, the residues identified in subsections (2)(a) and (2)(b) of this rule are hazardous wastes and are added to and made a part of the list of hazardous wastes in 40 C.F.R. 261.33.

   1. (a) Any residue, including but not limited to manufacturing process wastes and unused chemicals that has either:

      1. (A) A 3 percent or greater concentration of any substance or mixture of substances listed in 40 C.F.R. 261.33(e);
      2. (B) A 10 percent or greater concentration of any substance or mixture of substances listed in 40 C.F.R. 261.33(f); or

   2. (b) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water, of either:

      1. (A) A residue identified in subsection (2)(a)(A) of this rule; or
      2. (B) A residue identified in subsection (2)(a)(B) of this rule.
3. (3) A residue identified as a hazardous waste in subsections (2)(a) or (2)(b) of this rule, and not excluded under section (4) of this rule, has the hazardous waste letters “OR” followed by the corresponding hazardous waste number(s) in 40 C.F.R. 261.33(e) and (f).

4. (4) The following residues are not additional hazardous wastes under section (2) of this rule:

   1. (a) Mixtures of pesticides identified in section (2) of this rule that are listed in 40 C.F.R. 261.33(e) and (f);
   2. (b) Those substances or mixtures of substances with individual constituents only listed in both 40 C.F.R. 261.24, Table 1, and 40 C.F.R. 261.33(e) and (f); and

   3. (c) U075 (Dichlorodifluoro-methane) and U121 (Trichloromonofluoromethane) when they are intended to be recycled.

      NOTE: Pesticide mixtures excluded in Section (4)(a) of this rule are regulated as pesticide residue in Section (6) of this rule.

5. (5) The wastes identified in subsections (2)(a)(A) and 2 (b)(A) of this rule are identified as acutely hazardous wastes (H) and are subject to the very small quantity generator exclusion defined in 40 C.F.R. 262.13 and § 262.14.

6. (6) Any pesticide residue, except residue listed in Table 1 of 40 C.F.R. 261.24 and which passes the evaluation requirement of 40 C.F.R. 261.24(a), is a hazardous waste and is added to and made a part of the list of hazardous waste in 40 C.F.R. 261.31 until it is first managed in accordance with the standards in OAR 340-109-0010(2)(a).

   NOTE: 340-101-0033(7) and 340-101-0033(8) have been moved to 340-102-0011(c).

7. (7) Except as otherwise specified in OAR 340-109-0010(4)(b) hazardous waste identified in this rule is not subject to 40 C.F.R. Part 268.

Statutory/Other Authority

ORS 466.020 & 466.180

Statutes/Other Implemented

ORS 466.015 & 466.195

History

DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 10-2000, f. & cert. ef. 7-21-00
DEQ 12-1996, f. & cert. ef. 7-31-96
DEQ 6-1994, f. & cert. ef. 3-22-94
DEQ 11-1992, f. & cert. ef. 6-9-92
DEQ 4-1991, f. & cert. ef. 3-15-91
DEQ 12-1989, f. & cert. ef. 6-12-89
DEQ 8-1985, f. & cert. ef. 7-25-85
DEQ 17-1984, f. & cert. ef. 8-22-84
DEQ 7-1984, f. & cert. ef. 4-26-84