OAR 340-105-0001: Purpose, Scope and Applicability

(1) This division establishes basic permitting requirements, such as application requirements, standard permit conditions, monitoring and reporting requirements, and management requirements for existing facilities which have not been issued a RCRA permit. (2) A person must also consult 40 C.F.R. Parts 260 to 268, 270 and 124, which are incorporated by reference in OAR 340-100-0002, to determine all applicable hazardous waste management requirements. (3) The provisions of section (4) of this rule replace the contents of 40 C.F.R. §§ 270.1(a), 270.1(b) and 270.1(c) prior to paragraph (c)(1). (4)(a) Technical regulations. The hazardous waste permit program has separate additional regulations that contain technical requirements. The Department uses these separate regulations to determine what requirements permits must include if they are issued. These separate regulations are located in 40 C.F.R. Part 264 and OAR Chapter 340, Division 104. NOTE: Although the permit applicant or permittee will interface primarily with the Department as is indicated by these rules, hazardous waste disposal facility permits are technically issued by the Environmental Quality Commission while hazardous waste storage and treatment facility permits are issued by the Department. (b)(A)Applicability. The state hazardous waste program requires a permit for the "treatment," "storage" or "disposal" of any "hazardous waste" as identified or listed in OAR Chapter 340, Division 101. The terms "storage," "disposal" and "hazardous waste" are defined in OAR 340-100-0010. The term "treatment" is defined in 40 C.F.R. § 260.010. (B) Owners and operators of hazardous waste management units must have permits: (i) During the active life (including the closure period) of the unit, and (ii) For any unit which closes after the effective date of these rules, during any post-closure care period required under 40 C.F.R. § 264.117, and (iii) During any compliance period specified under 40 C.F.R. § 264.96, including any extension of the compliance period under 40 C.F.R. § 264.96(c).