1. (1) When reviewing a petition to include additional hazardous wastes as universal wastes the Department will consider the factors listed in 40 CFR 273.81.

2. (2)

   1. (a) In addition to adding new wastes in the universal waste rule, the petition process may be used to remove wastes from the rule.

   2. (b) Factors to be considered by the Department when reviewing a petition to remove a waste from the universal waste rule include but not be limited to the following:

      1. (A) The collection and proper management of the waste has not been enhanced by being classified as a universal waste;
      2. (B) Environmental or public health impact from the management of the waste as a universal waste is greater than management as a hazardous waste; and
      3. (C) The waste is no longer a hazardous waste.

Statutory/Other Authority

ORS 183.325 - 183.335, 465.009, 466.020, 466.025 & 468.020

Statutes/Other Implemented

ORS 466.015 & 466.075

History

DEQ 12-1996, f. & cert. ef. 7-31-96