Toxics Use and Hazardous Waste Reduction

Oregon’s Toxics Use and Hazardous Waste Reduction Act of 1989 was one of the first laws in the nation to mandate pollution prevention planning. The law was most recently revised in 2005.

Three groups of businesses must comply with this law:

Federal Toxics Release Inventory reporters submitting a Form A and/or R;
Large quantity hazardous waste generators; and
Small quantity hazardous waste generators.

Notice: Conditionally-exempt small quantity generators may, but are not required to, join the Toxics Use and Hazardous Waste Reduction program.

For businesses that must comply, there are four major requirements:

TUHWR Reporting - Login to Your DEQ Online

Step 1 - Develop a Reduction Plan or Environmental Management System

You can either develop a Reduction Plan or an EMS that is ISO 14001-certified or equivalent – your choice. Please do not submit your Plan or EMS to DEQ unless you have made prior arrangement with DEQ staff.

TUHWR plan template
An easy-to-follow outline for businesses developing a plan for the first time.
Top 10 elements in an EMS
Checklist of 10 essential elements to have in an ISO 14001-certified or equivalent EMS. Note: An EMS does not require certification to be valid under Oregon TUHWR law.

Step 2 – Submit a Notice of Plan Completion or EMS Completion electronically

After completing a Plan or EMS within 120 days of receiving the official e-mail from DEQ to start the process, you need to LOG IN to the reporting system and submit an electronic Notice of Plan or EMS form.

Step 3 – Submit two Implementation Summaries electronically

A year after the Notice of Plan or EMS is due, you must LOG INTO Your DEQ Online and submit the first Implementation Summary. The Second Implementation Summary is due a year later.

TUHWR Reporting: Implementation summary questions and answers
Answers to the 10 most commonly-asked questions about TUHWR Implementation Summary requirements
TUHWR Reporting: Implementation Summary examples
Examples of a complete and accurate Implementation Summary. DEQ does review each Summary for accuracy and thoroughness before posting to the Internet.
TUHWR Clearinghouse
Oregon’s first-ever Web-based, searchable database for toxics use reduction and hazardous waste reduction success stories.

Step 4 - Update Reduction Plan or EMS when changes occur and keep it on site.

The law requires businesses to keep the Reduction Plan or EMS current and on site. DEQ recommends revisiting the Reduction Plan or EMS annually to ensure it is current. If your business has made additional reductions, you may LOG IN and submit a Supplemental Implementation Summary.

TUHWR compliance checklist
Easy-to-use checklist to verify compliance with the TUHWR Program requirements. Excellent tool for businesses new to the program and for those with well-established toxics use and hazardous waste reduction programs!

Resources

Toxics and Hazardous Waste Reduction Resources
Oregon’s Toxics Use & Hazardous Waste Reduction Act
Summarizes requirements under the revised Act that relate to facility planning and reporting. Find out whether the Act affects you!
Oregon Revised Statute 465.003 to 465.037
The Toxics Use and Hazardous Waste Reduction law is in Oregon law.
Oregon’s toxics use and hazardous waste reduction rules
Oregon Administrative Rules 340-135-0000 through 340-135-0110 effective August 15, 2006.
Toxics Use and Hazardous Waste Reduction Law Requirements
Ten most commonly asked questions about the requirements.

Contact

General TUHWR Program questions.

Mary Fritzmann
503-229-6968

For help developing a plan, completing an implementation summary or getting on-site assistance, visit our Technical Assistance page.