(1)Spills and releases, or threatened spills or releases of oil or hazardous materials as defined by OAR 340-142-0005 (Definitions as Used in This Division Unless Otherwise Specified)(9) in quantities equal to or greater than the following amounts must be reported:
(a)Any quantity of radioactive material or radioactive waste;
(b)If spilled or discharged into waters of the state or in a location from which it is likely to escape into waters of the state any quantity of oil that would produce a visible film, sheen, oily slick, oily solids, or coat aquatic life, habitat or property with oil, but excluding normal discharges from properly operating marine engines;
(c)If spilled on the surface of the land, and not likely to escape into waters of the state, any quantity of oil over one barrel (42 gallons);
(d)An amount equal to or greater than the quantity listed in 40 CFR Part 302 — Table 302.4 (List of Hazardous Substances and Reportable Quantities) and amendments adopted prior to July 1, 2002; [Table not included. See ED. NOTE.]
(e)10 pounds or more of a hazardous material not otherwise listed as having a different reportable quantity by the Department or the United States Environmental Protection Agency on the list of hazardous substances in 40 CFR 302.4;
(f)Any quantity of chemical agent (such as nerve agents GB or VX, blister agent HD, etc.);
(g)200 pounds (25 gallons) of pesticide residue;
(h)Any quantity of a material regulated as a Chemical Agent under ORS 465.550 (Definitions for ORS 465.550 and 465.555);
(i)Any quantity of a material used as a weapon of mass destruction, or biological weapon;
(j)One pound (1 cup) or more of dry cleaning solvent, including perchloroethylene, spilled or released outside the designed containment by a dry cleaning facility regulated under ORS 465.505 (Waste minimization requirements for dry cleaning facilities)(4).
(2)Spills or releases of products, mixtures or solutions containing oil or hazardous materials for which reporting is required must also be reported if the total quantity of all the hazardous materials in the mixture or solution (in pounds) exceeds the lowest reportable quantity referenced in this rule for any one of the hazardous materials in the mixture or solution. A person may rely upon actual knowledge and readily available information such as material safety data sheets (MSDS), shipping papers, hazardous waste manifests and container labels, to determine the presence and concentration of hazardous materials in a mixture or solution.
(3)The quantity determination required by section (1) of this rule will be the quantity of oil or hazardous material spilled or released before contacting or mixing with any other material or substance (e.g., with soil, water, sawdust, etc.). In the case of a threatened spill or release, the applicable quantity is the amount of oil or hazardous material in the container or tank from which a spill or release is likely and imminent.
Rule 340-142-0050 — Reportable Quantities,