| Community Right to Know |
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| Program Overview |
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In 1985, the Oregon Legislature passed the Oregon Community Right to Know and Protection Act which requires the Office of State Fire Marshal’s (OSFM) Community Right to Know Unit (CR2K) to administer an annual Hazardous Substance Information Survey (HSIS) of Oregon businesses and government agencies. The HSIS is sent to facilities that have reportable quantities of hazardous substances and to facilities that operate under North American Industrial Classification System codes that have been determined to likely store, possess, use, generate, manufacture or dispose of hazardous substances.
Facilities not currently receiving a survey that have a reportable quantity of a hazardous substance are required to notify OSFM and complete and submit the HSIS. All substances that have a Material Safety Data Sheet as required by Oregon Occupational Safety and Health Division must be reported if the maximum amount on site at any time meets or exceeds the reportable quantity. More detailed information can be found in the HSIS section below.
The information collected by OSFM on the HSIS is stored in the HSIS database. This information is provided to emergency responders and emergency planners to assist them with hazardous materials pre-emergency planning and response. The information is also available to the general public in order to aid in familiarity with the hazardous materials within their communities.
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| Emergency Response Guidebooks |
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The United States Department of Transportation (USDOT) Emergency Response Guidebook is intended to aid first responders during the initial response to a hazmat incident. The ERG is available in electronic and hardcopy format.
The electronic version is available through the USDOT website at: http://hazmat.dot.gov/pubs/erg/gydebook.htm
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To check the availability of hardcopy ERG’s, contact Terry Wolfe at OSFM at (503) 934-8219 or email at terry.wolfe@state.or.us.
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| Hazardous Substance Information Survey |
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The Hazardous Substance Information Survey (HSIS) identifies hazardous substances that are used, stored, manufactured and/or disposed of at business and government sites in Oregon. The OSFM annually surveys these facilities and requires them to provide demographic information and report hazardous substances at or above the reportable quantities. Facilities possessing reportable quantities of hazardous substances are required to report specific information including the chemical name, maximum amount and storage location. They are also required to notify the OSFM within 30 days of any substantive changes that occur at the facility.
Survey Instruction Booklet
Environmental Protection Agency Tier II Chemical Inventory Reporting
By submitting the OSFM HSIS, Oregon facilities are complying with the EPA Tier II Chemical Inventory reporting requirements. To comply with Oregon reporting requirements, facilities must submit their chemical inventory information on the Oregon HSIS form. Tier II forms are not accepted.
Multiple Sites in Oregon
As specified in OAR 837-85-0090(5), within 30 days of receiving a survey for a site that is already reporting, employers, owners, or operators shall request an additional survey from OSFM for any other sites they are operating in Oregon that are not already receiving a survey. OSFM will then generate a new survey for that site and assign a Facility ID Number to it. There is a request form for unreported sites available in the Survey Instruction Booklet, or Request Form for Unreported Sites.
Substantive Changes
It is the responsibility of facilities to monitor, review and update the information they provide to insure that it is complete and accurate. Substantive changes are to be reported to OSFM within 30 days of their occurrence and must be submitted on a form provided or approved by OSFM. In general, a facility can notify the OSFM of a substantive change by submitting a copy of the survey with the changes clearly highlighted and “Update” written across the top of the front page. By submitting substantive changes within 30 days facilities are also in compliance with the federal submission dates under SARA Title III.
Substantive Change Fact Sheet
Keep a Copy
Facilities are required by law to maintain a copy of the survey for 3 years. Copies of the survey must be kept at the facility for which they apply. Record keeping requirements can be found in OAR 837-085-0110
Electronic Survey Submission (ESS)
The OSFM Community Right to Know Unit is pleased to announce the Oregon Hazmat Electronic Survey Submission (ESS) Program. This program allows facility operators to receive, complete and submit their annual HSIS in an electronic format.
If a facility chooses to report electronically, the OSFM does not send a hard copy of the HSIS, but will send a CD containing the ESS Program, via first class mail, and will email a data file to be used in conjunction with the program. This data file will contain the most recent information submitted to OSFM by the facility.
Users completing the survey with the ESS program are:
- Assisted through the reporting process with prompts when a required field is left blank
- Access to numerous help files
- Receive the ESS manual containing step by step reporting procedures for guidance through the process
- Access to technical assistance via the Hazardous Substance Information Hotline at
503-378-6835
Hazardous Substance Information and Forms
Reportable Substances and Quantities
Survey Instruction Booklet
Survey Section D - Chemical Form
Survey Section E - Additional Storage Location Form
Substantive Change Fact Sheet
Liquefied Gas and Refrigerant Conversion Charts
Survey Request Form
Survey Mailing Schedule and Map
Hazardous Materials Information Request
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| Hazardous Materials Incident Reporting |
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The Oregon Community Right to Know and Protection Act requires emergency service personnel who respond to an incident involving hazardous materials to file a written report with the Office of State Fire Marshal (OSFM). The written report must be received within ten (10) working days of the incident. One written incident report is required for each incident. OSFM has developed a Hazardous Material Incident Report Form to be used for this purpose.
Responsibility for completing the Incident Report is in the following order:
- Fire department or state hazmat team having jurisdiction
- Law enforcement
- Health professionals (EMT’s or ambulance personnel)
- Any other emergency service agency, including state agencies, shall confer and determine who will submit the Incident Report
The law defines a hazardous materials incident as “the threatened or actual injury to a human, wildlife, domestic animal or the environment, or any property loss resulting from a hazardous substance release”.
All incidents involving the release or threatened release of a hazardous material shall be reported. There are a few exceptions as follows:
- Motor fuels spilled in quantities less than 42 gallons from a vehicle are not required to be reported unless the fuel enters a waterway, or is determined to endanger the public safety or immediate or surrounding environment, including groundwater.
- Sewage overflows are not required to be reported.
- However, if the hazardous substance caused the incident, or contributed to a death or injury, an Incident Report must be filed. For incidents involving a structure fire, a Form 10 is still required. The Incident Report does not replace the Form 10.
The Hazardous Material Incident Report Form should be submitted by fax or mail to:
Office of State Fire Marshal
Incident Reporting Program
4760 Portland Rd NE
Salem, OR 97305-1760
FAX (503) 373-1825
Hazardous Materials Incident Reporting Manual
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| Planning and Training Assistance |
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Planning and Training Assistance (PATA) provides planning and training assistance to agencies and organizations throughout Oregon to pre-plan for hazardous materials incidents by:
- Educating participants on the hazardous substance information available through the OSFM
- Demonstrating how to effectively utilize this information for planning and response purposes
- Facilitating the evaluation and validation of existing emergency plans within a community
Training
PATA training can be customized to fit participants and delivered on location. Training is offered on the:
- Hazardous Substance Information System (HSIS) CD and how it can be used for hazardous materials identification, pre-emergency planning and emergency response activities.
- Hazardous Materials Planning Priority Program (HMPPP). This program is contained on the HSIS CD and is used to target facilities within a geographical area and prioritize them in order of need for emergency planning based on the types and quantities of hazardous material on site.
- Referral Program which seeks the assistance of fire department inspectors in helping verify the information provided to our office on the annual Hazardous Substance Information Survey. This establishes a formal referral process between local fire departments and the Office of State Fire Marshal.
Planning
Oregon Revised Statute (ORS) 453.347 states that “the State Fire Marshal shall assist with emergency response planning by appropriate agencies of government at the local, state and national levels to assure that the response to a hazardous substance fixed site or transportation accident is swift and appropriate to minimize damage to any person, property or wildlife. This planning shall include assisting in and training for the preparation of localized plans setting forth agency responsibilities for on-scene response.”
The importance of pre-emergency planning for any incident, including hazardous materials releases, is evident to almost everyone involved in response activities. The amount of time invested in planning will certainly pay dividends of effective response and enhanced multi-agency coordination during a crisis.
PATA seeks to assist agencies and organizations with pre-emergency planning, by acting as an information clearinghouse for local communities and by coordinating and facilitating planning activities at the local through state level.
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| SARA Title III Emergency Release Notification |
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The Emergency Planning and Community Right-to-Know Act (EPCRA) requires facilities to provide an emergency notification and a written follow-up report if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum reportable quantity set in the regulations.
This notification and written follow-up report must be provided to the Local Emergency Planning Committee(s) (LEPC) and the State Emergency Response Commission (SERC), for any area likely to be affected by the release.
Note: Requirements for notification of the LEPC and SERC can be made simultaneously by calling Oregon Emergency Response System (OERS)
at 1-800-452-0311 or 503-378-6377.
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| Searchable Databases |
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Three different databases can be searched. While every effort is made to provide accurate and complete information, it is not guaranteed that the information being provided is the most accurate, current, or correct.
Hazardous Substance Searchable Database: Perform searches to find facility and substance information based on the Hazardous Substance Information Survey last submitted by the facility. To find the hazardous substances that a specific facility has on site, you must have the ID number for that facility. This database contains various searches that will help you find the correct facility and its ID number. You can then run the ID Number Search to locate the facility with its associated hazardous substances. This online database is updated monthly.
Hazardous Materials Incident Searchable Database: Perform searches to find information about incidents that occurred in Oregon between 1986 and June 25, 2004. To obtain information on more recent incidents or to request a copy of an incident found online, please submit the Hazardous Materials Information Request.
Material Safety Data Sheet (MSDS) Searchable Database: Perform searches to find MSDSs for hazardous substances found at Oregon facilities. MSDSs submitted by facilities are added to this online database monthly.
If you would like to have the information provided in a different format, please complete the Hazardous Materials Information Request and e-mail it to SFM.CR2K@state.or.us. If you have any questions, please call the Hazardous Substance Information Hotline at 503-378-6835.
If you have comments or suggestions for improvements or additional searches, please e-mail SFM.CR2K@state.or.us
503-934-8214 in Community Right to Know.
Office of State Fire Marshal
4760 Portland Road NE
Salem OR 97305
503-373-1540
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| State Emergency Response Commission (SERC) |
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503-934-8219 in Planning & Training Assistance.
Office of State Fire Marshal
4760 Portland Road NE
Salem OR 97305
503-373-1540
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