Per OAR 837-085-0040 (31) a Hazardous Substance is defined by:
(31) "Hazardous Substance" means:
(a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal; or
(b) Any substance required to have a Safety Data Sheet (SDS) pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienist (ACGIH); or
(c) Any substance required to have an SDS pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, except:
(A) Substances exempted by designation of the State Fire Marshal; or
(B) Substances which are solids and do not react or dissolve and are stored in unprotected areas; or
(C) Substances exempted by the rules of OAR chapter 837, division 085; or
(D) Gases intended and used for human or animal ingestion or inhalation either directly or added to a product, if the gas is present at the site where ingestion or inhalation occurs; and the gas is not being used in a manufacturing process; and the gas is not a cryogenic; and the gas is not being stored at the site in a quantity that exceeds 1,000 cubic feet.
(d) Any substance for which a manufacturer is required to develop an SDS, that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or
(e) Any waste substance that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or
(f) Any radioactive waste or radioactive material as defined in ORS 469.300(19) and radioactive substance as defined in 453.005; or
(g) Any substance for which an actual or potential physical or health hazard is identified on the manufacturer’s SDS.
Waste Hazardous Substance is defined by OAR 837-085-0040 (68):
(68) "Waste Hazardous Substance" means any substance, which meets the Department of Environmental Quality's definition of "hazardous waste".
If you have additional questions, please submit a Help Desk ticket or call the Hazardous Substance Information Hotline 503-378-6835 or 800-454-6125.