1. (1) OAR 340-135 applies to toxics users as defined in ORS 465.003, which include:

   1. (a) Facilities required to submit a uniform toxic chemical release form under the federal Toxics Release Inventory (TRI) program, defined as large users in ORS 465.003(6);
   2. (b) Large quantity generators of hazardous waste; and
   3. (c) Small quantity generators of hazardous waste.

2. (2) OAR 340-135 does not apply to:

   1. (a) Very small quantity generators. If you are a very small quantity generator and you are not also a large user;

   2. (b) Toxics users. If you are a toxics user solely because you use or generate one or more of the following materials:

      1. (A) Toxic substances used as a pesticide in routine commercial agricultural applications;
      2. (B) A raw material that contains a naturally occurring toxic substance and that is used in a process for which there is no substitute, such as logs that contain naturally-occurring lead;
      3. (C) Toxic substances that the Environmental Quality Commission removes by rule as defined in ORS 465.009.
      4. (D) Hazardous waste generated from remedial or removal actions as defined in ORS 465.200, including, but not limited to, a spill or cleanup activity; and
      5. (E) Hazardous waste generated from a one-time event, including, but not limited to, the cleaning out of a storage closet.

Statutory/Other Authority

ORS 465.003 - 465.037 & 466.075

Statutes/Other Implemented

ORS 465.003, 465.009 & 465.034

History

DEQ 20-2021, amend filed 11/18/2021, effective 01/01/2022
DEQ 9-2006, f. & cert. ef. 8-15-06
DEQ 13-1998, f. 6-30-98, cert. ef. 7-1-98
DEQ 35-1990, f. & cert. ef. 8-21-90