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Ordinance No. 20499
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2012 No. 20485-20503
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Ordinance No. 20499
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Last modified
11/28/2012 5:19:17 PM
Creation date
11/28/2012 4:37:59 PM
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Council Ordinances
CMO_Document_Number
20499
Document_Title
AN ORDINANCE ADOPTING AMENDED HAZARDOUS SUBSTANCE TRACKING INSTRUCTIONS FOR REPORTS DUE BEGINNING APRIL 1, 2013, AND REMOVING THREE HAZARDOUS SUBSTANCES FROM THE LIST OF REPORTABLE CHEMICALS.
Adopted_Date
11/26/2012
Approved Date
11/27/2012
CMO_Effective_Date
12/28/2012
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The list of reportable chemicals is available on the Toxics Program's website (see link below), or <br />in printed form upon request by contacting Toxics Program staff at 541- 682 -7118. <br />To view the current list of reportable chemicals, go to: <br />htl sty :Hceapps.eugene- or.gov /toxics /chem ® reportable ® list.asDx . <br />To search for a particular chemical, go to: https://ceapps.eugene- <br />or.gov /toxics /chemical_list.aspx <br />To determine whether or not a chemical is reportable, check if the chemical matches a City <br />listing. If the chemical cannot be found by matching name or CAS number, then determine if it is <br />in one of the reportable chemical categories (see Table of Special Designations on page 13) or if <br />it is a reportable "characteristic" substance as defined by 40 CFR 261. If neither name nor CAS <br />number nor category nor characteristic match the Eugene Toxics Program's definitions of <br />reportable substances, then your substance is not reportable. <br />"Characteristic" substances as described in 40 CFR 261, Subpart C (Appendix D) Businesses <br />are expected to conscientiously identify non - listed substances that "if it were in a container, <br />would possess the characteristics of a hazardous waste, as defined in 40 CFR 261.20 through <br />§261.24, authorized by RCRA." Substances that possess the characteristics of hazardous waste <br />are commonly referred to as "characteristic chemicals" or "characteristic substances." <br />In the list of reportable chemicals there are two columns: one entitled Characteristic; and another <br />entitled Source Lists. Chemicals /substances with a "Y" shown in the Characteristic column and a <br />Toxics Program reporting business number in the Source Lists column, indicate that those <br />chemicals were previously reported as characteristic by at least one reporting business, meaning <br />that they do not appear on the Federal lists comprising the majority of Eugene's definition of <br />"hazardous substance" (see Appendix A, Article III -E). These characteristic substances shall not <br />be required to be reported by any business or added to the List of Reportable Chemicals until the <br />following steps have been completed: <br />1. If a business identifies a non - listed substance, and concludes that the substance does <br />indeed possess the characteristics of a hazardous waste as defined in 40 CFR 261.20 <br />through §261.24, the business representative must: <br />a. Verify the chemical's name and CAS number (or other designation used by the <br />program); <br />b. Obtain a copy of an MSDS or laboratory analysis for the chemical as proof that <br />the substance meets the requirements to be considered a characteristic <br />chemical /waste (if no MSDS or no laboratory analysis is available, a written <br />account as to what has caused this chemical to be identified as a characteristic <br />chemical /waste is acceptable); and <br />c. Submit the above information to Toxics Program staff requesting Toxics Board <br />consideration for the substance to be added to the list as a characteristic chemical. <br />2. After review of the business representative's request and required information, if the <br />substance is deemed a characteristic chemical by six (6) of the seven (7) Toxics Board <br />members, the Toxics Board will submit a written recommendation to the City Manager <br />requesting the substance be added to the list as a characteristic chemical. The <br />-12- <br />
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