HomeMy WebLinkAboutAdmin Order 52-00-04-F
ADMINISTRATIVE ORDER NO. 52-00-04-F
of the
City Manager of the City of Eugene
ADOPTION OF HAZARDOUS SUBSTANCES
REQUIREMENTS ADMINISTRATIVE RULE R-3.696.
REPORTING
The City Manager of the City of Eugene finds as follows:
A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules
for administration and implementation of any provisions of that Code. In addition, Section 3.696
of that Code specifically authorizes the City Manager, after considering the advice of the Toxics
Board, to adopt an administrative rule to add chemicals to the list of substances required to be
reported under Amendment IV to the Eugene Charter of 1976 (the "Amendment"); to establish
reporting and material accounting thresholds for each chemical added, together with the date when
the additional chemical(s) shall be subject to the reporting requirements; and to reduce the reporting
and material accounting thresholds for chemicals already subject to the reporting requirements.
B. The Toxics Board has recommended that certain chemicals that have been added
during the last year to the lists referenced in Article III, A and E of the Amendment by the Federal
government should be required to be reported.
C. The Toxics Board has also recommended, based on recent Federal findings that
certain chemicals already required to be reported under the Amendment are persistent
bioaccumulative toxins, that the reporting and material accounting thresholds previously established
under the 2000 Hazardous Substance Tracking Instructions should be reduced for those chemicals.
D. In accordance with the procedures set forth in Section A above, and based upon
recommendations by the Toxics Board with which I concur, on October 31, 2000, I issued
Administrative Order No. 52-00-04. Notice was provided to interested parties, and by publication
in the Register Guard, a newspaper of general circulation within the City, for at least five
consecutive days, to-wit, on November 6, 7, 8, 9 and 10, 2000, and made available for inspection
by interested persons at the office of the Toxics "Right to Know" Program Section of the City's Fire
& Emergency Medical Services Department, 99 West 1 oth Avenue, Room 396, Eugene, Oregon
97401 during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of
holidays ).
E. The Notice provided that interested persons could submit written comments thereon
for a period of 15 days from the first date of publication. Two written comments were received. In
response to the comments, I make the following findings:
Comment 1. Testimony received from Clyde Carson, a member of the Toxics Board
representing Williams' Bakery, a business required to report under Amendment IV to the Eugene
Charter of 1976, stated that the Administrative Order exceeds the City's authority under City Charter
Administrative Order - 1
c:\U ser\ TOXIC S\ao final. wpd
Amendment IV, in that it establishes a reporting threshold of 0.1 grams for certain substances, while
the Charter Amendment provides a minimum threshold of 0.022 pounds.
Finding. Adoption of the Administrative Order is authorized by Section 3.696 of the Eugene
Code, 1971 to implement Sections 3.690 to 3.696 of that Code. No provision of Amendment IV
restricts the Council's authority to adopt and implement those sections. Therefore, no change is
being made to the Rule as a result of this comment.
Comment 2. Testimony received from Paula Holloway representing Willamette Valley
Company, a business required to report under Amendment IV to the Eugene Charter of 1976, stated
that: (1) the Administrative Order exceeds the City's authority under City Charter Amendment IV,
in that it establishes a reporting threshold of 0.1 grams for certain substances, while the Charter
Amendment provides a minimum threshold of 0.022 pounds; (2) the term "dioxin and dioxin-like
compounds" is undefined; and (3) the Administrative Order should provide a concentration factor
for polychlorinated biphenyls (PCBs) in oils.
Findings. (1) The Finding in response to Comment 1 responds to this comment. (2) In lieu
of the term "dioxin and dioxin-like compounds," specific chemicals in Section R-3.696-B of the
Administrative Rule R-3.696 should be listed. (3) A concentration factor would not be consistent
with the reporting requirements already in existence for those chemicals required to be reported.
Instead, reporting and materials accounting thresholds are applied on the basis of weight of the
reportable substance as ifit were in pure form. However, the term "oils" should be deleted from the
text of the Administrative Order, and further, specific PCBs should be listed in Section R-3.696-C.
Therefore, based upon the above findings, and the findings in Administrative Order No. 52-
00-04, I hereby adopt Hazardous Substances Reporting Requirements Administrative Rule R-3.696
as proposed in Administrative Order No. 52-00-04 and modified as reflected in the Findings to
Comment 2, to provide as follows:
HAZARDOUS SUBSTANCES REPORTING
REQUIREMENTS ADMINISTRATIVE RULE R-3.696
R-3.696-A
Purpose.
This Rule implements the provisions of Amendment IV to the Eugene Charter of 197 6 (the
"Amendment") and the Eugene Code, 1971 by adding chemicals to the list of substances required
to be reported under the Amendment; establishing reporting thresholds and material accounting
thresholds for each chemical added; and by changing previously established reporting thresholds and
material accounting thresholds for certain chemicals already subject to the reporting requirements.
R-3.696-B
Addition of Reportable Chemicals under Amendment IV to the Eugene Charter
of 1976 and Establishment of Reporting Thresholds and Material Accounting
Thresholds.
Based on the recommendation of the Toxics Board, the following chemicals are added to the
Administrative Order - 2
c: \U ser\ TOXICS\aofinal. wpd
list subject to the reporting requirements of Amendment IV to the Eugene Charter of 1976, effective
January 1,2001, and the reporting threshold and material accounting threshold shown opposite each
chemical are also adopted:
Chemical/Category
1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin
1,2,3,4,7,8-hexachlorodibenzo-p-dioxin
1,2,3,6,7,8-hexachlorodibenzo-p-dioxin
1,2,3,7,8,9-hexachlorodibenzo-p-dioxin
1,2,3,4,6,7,8,9-octachlorodibenzo-p-dioxin
1,2,3,7,8-pentachlorodibenzo-p-dioxin
2,3,7,8-tetrachlorodibenzo-p-dioxin
1,2,3,4,6,7,8-heptachlorodibenzofuran
1,2,3,4,7,8,9-heptachlorodibenzofuran
1,2,3,4,7,8-hexachlorodibenzofuran
1,2,3,6,7,8-hexachlorodibenzofuran
1,2,3,7,8,9-hexachlorodibenzofuran
2,3,4,6,7,8-hexachlorodibenzofuran
1,2,3,4,6,7,8,9-octachlorodibenzofuran
1,2,3,7,8-pentachlorodibenzofuran
2,3,4,7,8-pentachlorodibenzofuran
2,3,7,8-tetrachlorodibenzofuran
Octachlorostyrene
Benzo(j,k) fluorene (fluoroanthene)
3 - methylcholanthrene
Tetrabromobisphenol A
Vanadium compounds
R-3.696-C
Reporting
Threshold
Material
Accounting
Threshold
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.022 lbs.
2.2 lbs
2.2 lbs
2.21bs
2.21bs
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
0.1 gram
5lbs.
50 lbs.
50 lbs.
50 lbs.
50 lbs.
Reductions to the Reporting Thresholds and Material Accounting Thresholds
for Chemicals under the 2000 Hazardous Substance Tracking Instructions.
Based on the recommendation of the Toxics Board, the reporting threshold and material
accounting threshold under the 2000 Hazardous Substance Tracking Instructions adopted by
Ordinance No. 20188 are reduced, and effective January 1, 2001, the new reporting threshold and
material accounting threshold for the following chemicals are as follows:
Chemical/Category
Benzo(g,h,i) perylene
Heptachlor
Administrative Order - 3
c: \U ser\ TOXI CS\aofinal. wpd
Reporting
Threshold
Material
Accounting
Threshold
0.022 lbs.
0.022 lbs.
5lbs.
5lbs.
Hexachlorobenzene
Pentachlorobenzene
2,3,3' ,4,4',5,5' -heptachlorobiphenyl
2,3,3' ,4,4' ,5-hexachlorobiphenyl
2,3,3' ,4,4' ,5'-hexachlorobiphenyl
2,3' ,4,4',5 ,5'-hexachlorobiphenyl
3,3' ,4,4',5 ,5'-hexachlorobiphenyl
2,3,3' ,4,4'-pentachlorobiphenyl
2,3,4,4' ,5-pentachlorobiphenyl
2,3' ,4,4' ,5-pentachlorobiphenyl
2',3,4,4' ,5-pentachlorobiphenyl
3,3' ,4,4' ,5-pentachlorobiphenyl
3,3' ,4,4'-tetrachlorobiphenyl
Mercury
Mercury compounds
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022Ibs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
0.022 lbs.
'- ,,~
Dated this ~ day of December, 2000.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
5lbs.
~~
YI
Administrative Order - 4
c: \U ser\ TOXICS\aofinal. wpd
James R. Johnson
City Manager
t;