837-090-1020 Hazardous Classification (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: (a) Its primary hazard is that only of a nuisance dust and/or minor irritant; and (b) It has no other hazard that would classify it as a minimally, generally or very hazardous substance; or (c) It is classified as such by the Department of the State Fire Marshal. (5) A hazardous substance may be classified as minimally hazardous if, under normal or reason-ably expected conditions: (a) It has a National Fire Protection Association (NFPA) 704 rating of 1 or less; and (b) It is not required to have either the signal Words Danger or Warning on container labels; and (c) It does not have a Threshold Limit Value (TLV), Permissible Exposure Limit (PEL) or Recommended Exposure (REL) less than 10 mg/m3 of total particulate, 5,000 ppm of gas or vapor or 10 fibers/cc; and (d) There has been not one reliable animal or human study showing that it is a hepatoxin, nephrotoxin, neurotoxin, carcinogen, sensitizer, corrosive, hematopoietic toxin, respiratory hazard, reproductive toxin, mutagen, eye hazard, or cutaneous hazard; and (e) It is not a hazardous waste; and (f) It is not an aerosol, blasting agent, combustible liquid, compressed gas, corrosive, corrosive liquid, cryogenic fluid, explosive, fire hazard, fireworks, fissile materials, flammable anesthetic flammable gas, flammable liquefied gas, flammable liquid, flammable solid or metal, highly toxic material, highly toxic pesticide, hypergolic material, liquefied petroleum gas, natural gas, organic peroxide, oxidizer, peroxide, peroxide-forming chemical, pesticide, pyrometric, radioactive material, reactive material, sensitizer, toxic material, unstable (reactive) liquid, unstable material or water-reactive material; or (g) It is classified as such by the Department of the State Fire Marshal. (6) A hazardous substance will be classified as very hazardous if, under normal or reasonably expected conditions: (a) It has a National Fire Protection Association (NFPA), 704 health and/or reactivity rating of 4; or (b) It is required to have the signal word Danger on container labels; or (c) It is a highly toxic material, human carcinogen, high explosive, highly combustible dust or metal, Class 4 oxidizer, Class I organic peroxide, pyrophoric, Class 4 unstable (reactive) material, Class 3 water-reactive material, radioactive material, hypergolic; or (d) It is classified as such by the Department of the State Fire Marshal. (7) The Department of the State Fire Marshal shall make an initial hazard classification of hazardous substances: (a) In the absence of information to support classification as minimally hazardous, very hazardous or subject only to a registration fee, each hazardous substance shall be classified as generally hazardous; (b) Requests for changes in hazard classifications shall be made in writing to the Department of the State Fire Marshal. The request shall include the facility ID number, company name, address and telephone number of the facility requesting the change, the name of the person making the request, the name of the substance and a Material Safety Data Sheet for the substance. (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) History: OSFM 29-2023, minor correction filed 07/03/2023, effective 07/03/2023 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