1. (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:

   1. (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.

   2. (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,
   3. (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. (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:

   1. (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

   2. (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.]

      [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

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

History

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