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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 (Survey) of Oregon businesses and government agencies. The Survey 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 Survey. 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 Survey section below.
The information collected by OSFM on the Survey is stored in the Survey database. This information is provided to emergency responders and emergency planners via the Hazardous Substance Information System (HSIS software) 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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| Hazardous Substance Information Survey (Survey) |
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The Hazardous Substance Information Survey (Survey) 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 Survey, 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 Hazardous Substance Information Survey 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
Hazardous Substance Information Survey Requests
Please complete the Hazardous Material Information Request form to request a copy of the actual Hazardous Substance Information Survey that was completed by your facility. In order to receive it, you must be the Owner, CEO, or Registered Agent for the facility. If you are not the Owner, CEO, or Registered Agent, our office must receive a letter from the Owner, CEO, or Registered Agent authorizing you to receive a copy of the survey. Survey information that is not secured is public information and can be provided to you on a Public Report.
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 Material Information Request form
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| Electronic Survey Submission (ESS) |
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Electronic Survey Submission (ESS)
The Electronic Survey Submission (ESS) Program allows facility operators to receive, complete and submit their annual Hazardous Substance Information Survey in an electronic format. Facilities may return their completed electronic survey via email, CD, or diskette.
If a facility chooses to report electronically, the Office of State Fire Marshal (OSFM) will not send a hard copy of the Hazardous Substance Information Survey. Instead, the facility will be sent an email with a link to our website, where the program can be downloaded. (For those who may not have internet access, the program will be available on CD.) The email will also contain a data file to be used in conjunction with the program. This data file will contain the most recent information submitted to the OSFM by the facility.
How To Sign Up for ESS
Facilities who provided the OSFM with their email address via the survey will be emailed an ESS Notification one month prior to the survey mailing month. The ESS Notification serves as the invitation to participate in ESS, and includes an ESS Registration PDF attachment.
Facilities must review the software system requirements noted on the ESS Registration. They must initial all program requirements, certifying that they meet the requirements and they understand their responsibilities. The ESS Registration must then be faxed to the OSFM by the due date noted on the ESS Registration.
Registrations received from facilities who are attempting to pre-register a site prior to it being sent the ESS Notification will not be accepted. For this reason, the ESS Registration form is not included on our website.
If you want to report electronically:
- Save the date! Please circle the first work day of the month prior to the month you normally receive your Hazardous Substance Information Survey. That's when you should receive the ESS Notification email, with the ESS Registration attached. If you do not receive the ESS Notification on that date, please promptly call the Hazardous Substance Information Hotline at 800-454-6125.
- Register for ESS. To register for ESS, read and complete the ESS Registration form. Fax the form back to the Community Right To Know Unit at 503-373-1825. Register by the due date indicated on the registration form. You will receive an email confirming receipt of your registration within a couple days.
- Save another date! Facilities registered for ESS will receive an additional email on the last work day of the month. This email will have their ESS Data file attached. It will also contain a link to this website where there are instructions and where the program can be downloaded. If you do not receive this email, please call the Hazardous Substance Information Hotline at 800-454-6125.
- If you have any questions about the ESS process, please call the Hazardous Substance Information Hotline at 800-454-6125, or read the ESS Overview.
Download ESS Program
If you registered for ESS within the last month and you received the Hazardous Substance Information Data email with your ESSData file attached, then you meet the criteria for downloading the ESS Program. Please read theInstructions for where to save the ESS.exe file, and how to proceed.
If you are using broadband (Cable, DSL, etc.) you can expect the download time to be 6 minutes or less, depending on your connection and computer speed. If you are using dial-up, please call the Hazardous Substance Information Hotline at 800-454-6125 to request an ESS CD.
Failure to uninstall prior to extracting the ESS.exe file will result in an inability to uninstall the previous program and an inability to install the new program.. Uninstall prior to deleting the ESS folder and prior to double clicking on the ESS.exe.
Please Uninstall First!
Download ESS Program (For October 2009 survey mail month)
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| SARA Title III 304 Emergency Release Reporting |
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The federal Emergency Planning and Community Right-to-Know Act (EPCRA) requires that 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, then facilities must provide an immediate emergency notification and a written follow-up report.
This immediate 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.
The Oregon Emergency Release Notification guidance document provides instruction for making the required notifications in Oregon.
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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.
For more information on completing the form, refer to the Hazardous Material Incident Manual. 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 Material Incident Manual
Hazardous Material Incident Report Form
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| Information Requests |
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Click the Hazardous Substance Information Available link to access the information available (online searchable databases, reports, etc.).
Click the Hazardous Materials Information Request form, to access the information request form.
The Community Right to Know unit obtains hazardous substance information from facilities in Oregon via the Hazardous Substance Information Survey. They also collect Hazardous Materials Incident Reports from emergency responders. Most of the information collected is available to the public.
A great place to start searching for the information you need is to use one of the online searchable databases, which can be access by clicking the Hazardous Substance Information Available link. If you cannot find the information you need online, you can request a customized report.
The Office of State Fire Marshal strives to provide the most useful and accurate information possible. If the information provided is inaccurate or does not adequately address your needs, please call 503-934-8353, or call our Hazardous Substance Information Hotline at 503-378-6835, or toll-free from an Oregon prefix, call 800-454-6125.
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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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