Oregon Administrative Rules
Chapter 837 - DEPARTMENT OF THE STATE FIRE MARSHAL
Division 90 - HAZARDOUS MATERIALS
Section 837-090-1020 - Hazardous Classification
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Hazardous substances shall be classified according to the hazard(s) they present.
(2) Hazardous substances shall be classified as generally hazardous unless they meet the criteria for classification as minimally hazardous, very hazardous or are subject only to a registration fee.
(3) For purposes of the Hazardous Substance Possession Fee, the most hazardous classification that can be assigned to a substance will be used.
(4) A hazardous substance shall be classified as subject only to a registration fee if, under normal or reasonably expected conditions:
(5) A hazardous substance may be classified as minimally hazardous if, under normal or reason-ably expected conditions:
(6) A hazardous substance will be classified as very hazardous if, under normal or reasonably expected conditions:
(7) The Department of the State Fire Marshal shall make an initial hazard classification of hazardous substances:
(8) If the Material Safety Data Sheet (MSDS) states, or indicates by content a mixture of hazardous substances has been tested as a whole to determine its hazards, the results of such testing shall be used to determine the mixture's hazard classification. If there is other documentation available that indicates there may be other hazards associated with the substance being evaluated, the State Fire Marshal may also consider that information to assist in determining the hazard rank classification.
(9) If a mixture of hazardous substances has not been tested as a whole, the health hazard established for the product will be the same as the most hazardous ingredient that makes up 20 percent (by weight or volume) or more of the mixture. The mixture shall be considered to have carcenogenic hazards if it contains a listed carcinogen in amounts of 5 percent or more.
(10) If the MSDS indicates the ingredients of a mixture are neutralized or would not create a hazard under normal or reasonably expected conditions due to a chemical reaction of ingredients, by encapsulation or bound in a compound, the potential hazard will be evaluated using the MSDS and any other applicable documents.
(11) If a mixture of hazardous substances has not been tested as a whole to determine whether the mixture is a physical hazard, the Department of the State Fire Marshal may use whatever scientifically valid data is available to evaluate the physical hazard potential of the mixture and its hazard classification.
(12) If there is evidence to indicate that a component present in the mixture in concentrations of less than 30 percent (or in the case of carcinogens, less than 10 percent) could be released in concentrations which would exceed an established Permissible Exposure Limit, ACGIH Threshold Limit Value, or Recommended Exposure Limit, or could present a health hazard in those concentrations, the mixture shall be assumed to present the same hazard as the component.
Statutory/Other Authority: ORS 453.408
Statutes/Other Implemented: ORS 453.402(2)