837-090-1015 Definitions (1) "Aerosol" means any material which is dispensed from its container as a mist, spray or foam by propellant under pressure. (2) "Blasting Agent" means any material or mixture consisting of a fuel and oxidizer intended for blasting, not otherwise classified as an explosive, in which none of the ingredients are classified as explosives, provided that the finished product as mixed and packaged for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitrocarbonitrates by the Department of Transportation regulations shall be included in this definition. (3) "Carcinogen" means any substance that causes the development of cancerous growths in living tissue. A chemical is considered to be a carcinogen if: (a) It has been evaluated by the International Agency for Research on Cancer (IARC) and found to be carcinogenic; or (b) It is listed as a carcinogen in the latest edition of the Annual Report on Carcinogens published by the National Toxicology Program (NTP); or (c) It is regulated by the Occupational Safety and Health Administration (OSHA) as a carcinogen. (4) "Combustible Liquid" means any liquid having a flash point at or above 100° F. Combustible liquids shall be subdivided as follows: (a) Class II liquids shall include those having flash points at or above 100° F. and below 140° F.; (b) Class III-A liquids shall include those having flash points at or above 140° F. and below 200° F.; (c) Class III-B liquids shall include those having flash points at or above 200° F. (5) "Compressed Gas" means: (a) A gas or mixture of gases having, in a container, an absolute pressure exceeding 40 psi at 70° F.; or (b) A gas or mixture of gases having, in a container, an absolute pressure exceeding 104 psi at 130° F. regardless of the pressure at 70° F.; or (c) A liquid having a vapor pressure exceeding 40 psi at 100° F. as determined by U.F.C. Standard No. 9-5. (6) "Corrosive" means any chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the site of contact. A chemical is considered to be corrosive if, when tested on the intact skin of albino rabbits by the method described in the U.S. Department of Transportation in Appendix A to CFR 49 Part 173, it destroys or changes irreversibly the structure of the tissue at the site of contact following an exposure period of four hours. This term shall not refer to action on inanimate surfaces. (7) "Corrosive Liquid" means any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action. Examples include acid, alkaline or caustic materials. (8) "Cryogenic Fluids" means those fluids having a normal boiling point below 150° F. (See Table No. 75.102-B of the Uniform Fire Code). (9) "Cutaneous Hazard" means a substance that dames or causes sensitization of the dermal layer of the body. (10) "Department" means the Department of Revenue. (11) "Dust" means pulverized particles which, if mixed with air in the proper proportions, become explosive and may be ignited by a flame or spark or other source of ignition. (12) "Entity" means any individual, trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, and the Federal Government and any agency thereof. (13) "Explosive" means: (a) A chemical which causes a sudden, almost instantaneous release of pressure, gas and heat when subjected to sudden shock, pressure, or high temperatures; or (b) A material or chemical, other than a blasting agent, that is commonly used or intended to be used for the purpose of producing an explosive effect and is regulated by Article 77 of the Uniform Fire Code. (14) "Eye Hazard" means a substance that causes damage to the eyes, except those that cause damage by mechanical means. (15) "Facility" means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by or under common control with such person. (16) "Fire Hazard" means any thing or act which increases or may cause an increase in the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. (17) "Firework" means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 25/100 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps. (18) "Fissile Materials" means radioisotopes which may undergo a nuclear fission reaction and are usually found only at reactor sites or as part of a nuclear weapon. (19) "Flammable Anesthetic" means a compressed gas which is flammable and administered as an anesthetic and shall include among others, cyclopropane, divinyl ether, ethyl chloride, ethyl ether and ethylene. (20) "Flammable Gas" means a gas which is flammable at a mixture of 13 percent or less (by volume) with air, or the flammable range with air is wider than 12 percent, regardless of the lower limit. (21) "Flammable Liquefied Gas" means a liquefied compressed gas which under the charged pressure is partially liquid at a temperature of 70° F. and which is flammable. (22) "Flammable Liquid" means any liquid having a flash point below 100° F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100° F. Flammable liquids shall be subdivided as follows: (a) Class I-A shall include those having flash points below 73° F. and having a boiling point below 100° F.; (b) Class I-B shall include those having flash points below 73° F. and having a boiling point at or above 100° F.; (c) Class I-C shall include those having flash points at or above 73° F. and below 100° F. (23) "Flammable Solid" means a solid substance, other than one which is defined in Article 9 of the Uniform Fire Code as a blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacture, or which has an ignition temperature below 212° F., or which burns so vigorously or persistently when ignited so as to create a serious hazard. Finely divided solid materials which when dispersed in air as a cloud may be ignited and cause an explosion are flammable solids. (24) "Generally Hazardous" means hazardous substances which present a hazard to public health, welfare or safety or the environment. (25) "Hazardous Substance" means: (a) Any substance or waste known to present a physical or health hazard to employees, emergency response personnel, or the public under normal conditions of use and/or during an emergency situation; or (b) Any hazardous chemical which is required to have a Material Safety Data Sheet pursuant to OAR 437, division 155, the Hazard Communication rules of the Oregon Occupational Safety and Health Division of the Department of Consumer and Business Services; or (c) Any radioactive substance as defined by ORS 453.005(7); or (d) Any radioactive waste as defined by ORS 469.300; or (e) Any substance or waste designated as hazardous by the Director of the Department of Insurance and Finance or the State Fire Marshal. (26) "Hematopoietic Toxin" means a substance which damages or disrupts the blood system. (27) "Hepatoxin" means a substance that causes damage to the liver. (28) "Highly Toxic Material" means a material which produces a lethal dose or lethal concentration which falls within any of the following categories: (a) A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each; (b) A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each; (c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or two milligrams per liter of less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each; (d) Mixture of these materials with ordinary materials, such as water, may not warrant a classification of highly toxic. While this system is basically simple in application, any hazard evaluation which is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons. (29) "Licensed Vehicle" means a motorized vehicle licensed by the State of Oregon for travel using its own power on public highways. (30) "Hypergolic Materials" means any materials which are capable of igniting spontaneously upon contact with another substance. (31) "Highly Hazardous" means and is equivalent to very hazardous. See section (56) of this rule. (32) "Liquefied Gas" means a gas that is received and stored as a liquid through the use of pressure and/or cryogenic conditions. (33) "Liquefied Petroleum Gas" means any material which is composed predominantly of the following hydrocarbons or mixtures of them: propane, propylene, butane (normal butane or isobutane) and butylenes. (34) "Material Safety Data Sheet" means written or printed material concerning a hazardous chemical which is prepared pursuant to rules OAR 437, division 2 (29 CFR 1910.1200), Subdivision Z, the Hazard Communication Rules of the Oregon OSHA Occupational Safety and Health Division of the Department of Consumer and Business Services. (35) "Minimally Hazardous" means hazardous substances which present little hazard to public health, welfare, safety or the environment. (36) "Mutagen" means a substance that causes genetic (heritable) changes in the DNA of chromosomes. (37) "Nephrotoxin" means a substance that is poisonous to the kidneys. (38) "Neurotoxin" means a substance that causes damage to the nervous system. (39) "Non-hazardous" means a substances which present no hazard to public health, welfare, safety or the environment. (40) "Organic Peroxide" means an organic compound that contains the bivalent -0-0- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms have been replaced by an organic radical. Organic peroxides may present an explosion hazard (detonation or deflagration) or they may be shock sensitive. They may also decompose into various unstable compounds over an extended period of time. (41) "Oxidizer" means a chemical other than a blasting agent or explosive as defined in Article 9 of the Uniform Fire Code that initiates or promotes combustion in other materials, thereby causing fire either of itself or through the release of oxygen or other gases. (42) "Peroxide-Forming Chemical" means a chemical which, when exposed to air, will form explosive peroxides which are shock, pressure or heat sensitive. (43) "Person" means: (a) Any entity including, but not limited to, an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state and any agency or commission thereof and the Federal Government and any agency thereof; (b) Any entity operating a facility that is included in one or more of the standard industrial classification categories identified by the State Fire Marshal under ORS 453.408(2). (44) "Pesticide" means any substance or mixture of substances, including fungicides, intended for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. Products defined as drugs in the Federal Food, Drug and Cosmetic Act are exempt. (45) "Possess" or "Possession" means the physical possession of a hazardous substance within the state. (46) "Pyrophoric" means a chemical that will spontaneously ignite in air at or below a temperature of 130°F (54.4°C). (47) "Quantity Range(s)" means a range of values assigned for reporting the quantities of hazardous materials. It is equivalent to the term Reporting Range. (48) "Radioactive Material" means any material or combination of materials that spontaneously emits ionizing radiation. (49) "Reactive Materials" means those materials which can enter into a hazardous chemical reaction with other stable or unstable materials. (50) "Registration Fee" means a Hazardous Substance Possession Fee assessed in lieu of that set by a fee schedule. (51) "Respiratory Hazard" means those materials which cause damage to the respiratory system. (52) "Sensitizer" means a chemical that causes a substantial proportion of exposed people or animals to develop an allergic reaction in normal tissue after repeated exposure to the chemical. (53) "Toxic Material" means a material which produces a lethal dose or a lethal concentration within any of the following categories: (a) A chemical or substance that has a median lethal dose (LD50) of more than 50 milligrams per kilogram but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each; (b) A chemical or substance that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 20 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each; (c) A chemical or substance that has a median lethal concentration (LC50) in air more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than two milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each. (54) "Unstable (reactive) Liquid" means a chemical which in the pure state, or as produced or transported, will vigorously polymerize, decompose, condense, or will become self-reactive under conditions of shock, pressure or temperature. (55) "Unstable Materials" means those materials, other than explosives, which in the pure state or as commercially produced will vigorously polymerize, decompose, condense or become self-reactive and undergo other violent chemical changes, including explosion, when exposed to heat, friction, shock, or in the absence of an inhibitor or in the presence of contaminants or in contact with non-compatible materials. (56) "Very Hazardous" means hazardous substances which present a significant hazard to public health, welfare or safety or the environment. (57) "Water-Reactive Materials" means materials which explode violently, react, produce flammable, toxic or other hazardous gases, or evolve enough heat to cause self-ignition or ignition of nearby combustibles upon exposure to water or moisture. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.408 Statutes/Other Implemented: ORS 453.396 - 453.414 History: OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 5-1994, f. 12-14-94, cert. ef. 12-15-94 FM 7-1992, f. 6-15-92, cert. ef. 7-15-92 FM 3-1991(Temp), f. & cert. ef. 12-23-91 FM 7-1990(Temp), f. & cert. ef. 11-15-90