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Community Right to Know
Program Overview
Applicable Statutes and Rules
Community Right To Know Advisory Group
Hazardous Substance Information Survey
Electronic Survey Submission (ESS) Option
Hazardous Substance Release Reporting
Information Access and Reports
Hazardous Substance Possession Fee
Planning and Training Assistance
Program Overview
NEW! Subscribe to the Oregon CR2K email list for news and information related to the Oregon Community Right to Know program.
 
In 1985, the Oregon Legislature passed the Oregon Community Right to Know (CR2K) and Protection Act. The purpose of this law is to provide first responders and the public with information about hazardous substances in their response areas and neighborhoods. The law directs the Office of State Fire Marshal to survey business and government facilities for information about the presence of hazardous substances and to collect information about incidents involving hazardous substances. The law further directs the OSFM to provide planning and training assistance to local jurisdictions on hazardous substance emergency response and preparedness.
 
In 1986, Congress passed the Superfund Amendment and Reauthorization Act (SARA). Title III of this legislation is the Emergency Planning and Community Right to Know Act (EPCRA) which is overseen by the Environmental Protection Agency (EPA). Facilities that provide all information required by Oregon CR2K reporting requirements are considered by EPA as complying with several sections of EPCRA, including notification to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire departments.
 
Once collected, 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 in their communities. To access this information, refer to the Information Requests section.

Applicable Statutes and Rules
Oregon Revised Statutes (ORS) 453.307 to 453.505

Oregon Administrative Rules (OAR) Chapter 837, Division 85 

Oregon Administrative Rules (OAR) Chapter 837, Division 90 

Community Right To Know Advisory Group
The CR2K Advisory Group provides recommendation to the program on rules and policy. This web page includes meeting announcements and other information related to current issues before the advisory group.

Hazardous Substance Information Survey
The Hazardous Substance Information Survey is the form used by businesses and government entities in Oregon to comply with state and federal Community Right to Know requirements for the reporting of hazardous substances. Reportable quantities of hazardous substances that are used, stored, manufactured or disposed of at business and government sites in Oregon are required to be reported annually.
 
Facilities that possess a reportable quantity of a hazardous substance and have not received a survey are required to contact OSFM and request a survey. The OSFM mails a Hazardous Substance Information Survey to facilities that have previously reported when it is time for them to update their information. These forms contain the most recent information which has been reported to OSFM. Facility operators review and update this information as necessary on the supplied forms. To comply with Oregon reporting requirements, facilities must submit their chemical inventory information on the Oregon Hazardous Substance Information Survey form. 
 
If you are not receiving a survey, and believe that you should be, call the Hazardous Substance Information Hotline at 503-378-6835, or 800-454-6125 (toll-free from an Oregon prefix). You can also download a Request Form for Unreported Sites and email the completed form to the OSFM at oregon.hazmatsurvey@state.or.us.
 
 
Survey Instructions
Survey Instruction Booklet
Reportable Substances and Quantities
Substantive Change Fact Sheet 
Liquefied Gas and Refrigerant Conversion Charts
Survey Mailing Schedule 
 
Survey Forms
Survey Section D - Chemical Form
Survey Section E - Additional Storage Location Form
Survey Request Form


Electronic Survey Submission (ESS) Option
The Community Right to Know (CR2K) Unit is announcing the submission process for facilities that want to submit their Hazardous Substance Information Survey (hereafter referred to as the survey) using the Electronic Survey Submission (ESS) option.
 

Benefits of ESS:
 
The ESS option allows facilities to receive, complete, and submit their annual survey in an electronic format. Facilities may return their completed electronic survey via email or CD. Some of the benefits include: 
 
  1. Your information is typed into a form within the software rather than handwriting onto a paper copy.
     
     
     
  2. The survey will be more legible both for you and for our office.   
     
  3. There is no worry that you might lose a page here or there.  
     
  4. Help is built into the software.  
     
  5. An ESS Manual is accessible with the click of a button.  
     
  6. You can sort the facilities and/or chemicals, and can work on the survey one day, and pick up where you left off on the next day.  
      
  7. You can notify CR2K of unreported sites by typing into a form within the software.  
     
  8. You can print last year’s survey.   

  9. After making all your updates, a completed copy of the survey you are submitting is printed for your files with the click of a button.  
     
  10. Also with the click of a button, you can see if there are any Material Safety Data Sheets that need to be included with your submission.  
 
Opting Out of ESS
If you do not want to submit the survey using the ESS option and you did not report electronically last year, do not take any action at this time. The paper survey will be sent to your facility at the regularly scheduled mail month.
 
If you do not want to submit the survey using the ESS option and you reported electronically last year, please call the Hazardous Substance Information Hotline to withdraw from the ESS option.
 
Note:  Updates and substantive changes are not to be submitted electronically. If you have questions about how to report substantive changes, please refer to the Substantive Change Fact Sheet; or contact the Hazardous Substance Information Hotline at 503-378-6835, or within Oregon call 800-454-6125.
2012 ESS PROCESS FOR THOSE WHO REPORTED ELECTRONICALLY LAST YEAR: 
 
If you reported electronically in 2011, you do not need to register again. You will automatically be registered for 2012 for the same month you were enrolled in during 2011. The ESSData files will be sent via email.
 
Please note on your calendar when to expect your ESSData file:
 
  • If you have a February issuance date, please note on your calendar to expect your ESSData file the end of January
     
  • If you have a July issuance date, please note on your calendar to expect your ESSData file the end of June
     
  • If you wish to switch your issuance date from the month you selected last year, please complete the appropriate ESS Registration (see ‘Registering for ESS’ below).
  • If your email address has changed, please notify the CR2K Unit as soon as possible via the established process. See Substantive Change Fact Sheet.  
     
  • If you wish to withdraw from the ESS Option, please call the Hazardous Substance Information Hotline.

2012 ESS REGISTRATION OPTIONS (Registration Due Date 1/17/12)
FOR THOSE WHO DID NOT REPORT VIA ESS LAST YEAR: 

The ESS program is most useful for facilities with many substances or sites to report. Facilities with a minimal number of substances to report may find the paper survey a more efficient way to report.
 
If you did not report electronically in 2011, and you want to register for the ESS option for 2012, please be aware that there are two issuance dates for reporting via ESS: February and July. Please first ensure that will work with your schedule. Next, please read the 'System Requirements' below to ensure your facility can report electronically.  Then please complete the appropriate registration.  See ‘Registering for ESS’ below.
 
Registrations received after January 17, 2012 might not be able to be included in the 2012 ESS option.  Please call the Hazardous Substance Information Hotline for assistance. 
System Requirements:  (click to open printable document)

Prior to downloading the program, please ensure your computer meets the following system requirements.
 
  
1.  Operating System: 
  • You must have Microsoft Windows 2000 or XP, and a minimum of 160 mb RAM. If you have XP, you will also need to have Windows XP SP3 (Service Pack 3).  
     
  • The ESS Program is not recommended for Windows Vista or Windows 7 at this time due to some differences in the way it would install.
 
2.  Microsoft Access: 
  • Microsoft Access 2000, 2002, 2003, or no Microsoft Access program at all.  If you do not have any Microsoft Access program on your computer, a runtime version of Microsoft Access 2003 will automatically install. WARNING:  Do not install the ESS Program if you have a version of Microsoft Access 97, 2007, or 2010.  If you have Microsoft Access 97, 2007, or 2010 installed, you will not be able to participate in the ESS process.
 
3.  Anti-Virus: 
  • Symantec’s Norton Antivirus does not work well with the ESS program. If you have Norton installed on your computer, you may not be able to use the ESS program.
 
4.  Determining Operating System: 
  • On the desktop, right click on My Computer.  Select properties. The General tab will indicate which system you have.
 
5.  Determining Microsoft Access Version: 
  • Open the Access program (Windows 2000:  Start, Programs, Microsoft Access. Windows XP:  Start, All Programs, Microsoft Office, Microsoft Access). Select Help, About Microsoft Access. A box will appear indicating the software version.
 
6.  Adobe Acrobat Reader: 
 
7.  Networking: 
  • The ESS program is not designed for use on a network for multiple user input. 
 
If your computer meets the system requirements, please follow these instructions in the order shown.
Registering for ESS
  1. Ensure you have read and meet the above system requirements.   

  2. Select from the two issuance dates. The dates are either February 1, 2012, or July 2, 2012.   

  3. Open the appropriate ESS Registration, according to the issuance date you are selecting. 

     
    ESS Registration For February Issuance Month           
     
    ESS Registration For July Issuance Month    

  4. Complete the registration, typing your initials beside each requirement to certify the requirement has been read and met.  Please enter today's date, your phone number, and your name.   

  5.  Click the Submit button to send the email to oregon.hazmatsurvey@state.or.us. If you are unable to email the registration form for any reason, you may fax it to OSFM at 503-373-1825.   

     
    To register for either issuance date, you must submit the registration form to OSFM by January 17, 2012. Registrations received after this date might not be able to be included in the 2012 ESS option.  Please call the Hazardous Substance Information Hotline for assistance.   

  6. Within a week of our receiving your ESS Registration, you will receive an email acknowledging receipt.  
 
Save the Date
Please note on your calendar when to expect your ESSData file. Your facility ESSData file will be emailed during the last week of January or June 2012, depending on the issuance date you selected. That email will instruct you to follow the Installation Instruction.  Please wait until you receive that email before downloading the ESS program as this will ensure you are using the most current version.  
  • If you have a February issuance date, please note on your calendar to expect your ESSData file the end of January
     
  • If you have a July issuance date, please note on your calendar to expect your ESSData file the end of June
     
  • If you do not receive the email containing your ESSData file by the 3rd workday in February or July, please call the Hazardous Substance Hotline. They will confirm whether you are registered for ESS and will ensure we have your correct email address.  Sometimes a fire wall prevents the email from arriving. After determining and correcting the situation, we will try resending the file. 
Email Address Updates:
 
If you have changed your email address, notify the CR2K Unit as soon as possible via the established process. See Substantive Change Fact Sheet.  In this way, your ESSData file will be emailed to the correct email address.

Call for Customer Service:

If you have questions, please contact the Hazardous Substance Information Hotline at 503-378-6835 or toll free in Oregon at 800-454-6125, Monday – Friday 8am-5pm PST, or email oregon.hazmatsurvey@state.or.us.

 Download ESS Program

Download this program only if you recently received an email from OSFM instructing you to download the program (the ESSData file email). Please read and follow these Installation Instructions before downloading. These procedures include instructions for uninstalling previous versions.

 
Download ESS Program (For the February issuance month)
 
It is important that you uninstall previous versions of ESS prior to downloading.

This downloading link will become active approximately January 31, 2012. This is the link to download the ESS software for use by those with a February issuance month.  For those with a July issuance month, please wait until the program has been updated for the July issuance month (approximately June 29, 2012). 

Hazardous Substance Release Reporting
SARA Title III Emergency Release Reporting
In the event of a hazardous substance release equal to or exceeding the minimum reportable quantity set in the regulation, Section 304 of the federal Emergency Planning and Community Right to Know Act (EPCRA) requires facilities to:
 
1) Provide an immediate emergency notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee(s) (LEPC) for any area likely affected by the release.
 
2) Provide a 304 Substance Release Written Follow-Up Report to the SERC and LEPC(s).
 
For more information on this requirement, refer to the Oregon Emergency Release Notification Guidance Document.

 

Toxic Release Inventory (TRI) in Oregon
The initial 2010 TRI dataset is now available through EPA’s website at: http://www.epa.gov/tri/

The federal Emergency Planning and Community Right to Know Act (EPCRA) Section 313 requires the Environmental Protection Agency (EPA) and the States to annually collect data on releases/transfers of certain toxic chemicals from industrial facilities. EPCRA Section 313 also requires the data to be available to the public in the Toxics Release Inventory (TRI). The Pollution Prevention Act requires that additional data on waste management and source reduction activities be reported under TRI. The goal of TRI is to provide citizens with information about how companies and governments manage toxic chemicals. The Community Right to Know Unit of the Office of State Fire Marshal serves as the state recipient of TRI data.
 
For assistance with TRI in Oregon, contact Chris Kuenzi at 503-934-8214 or chris.kuenzi@state.or.us. More information about TRI is available from the EPA’s website at: http://www.epa.gov/tri/
 

Hazardous Materials Incident Reporting
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 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:
  1. Fire department or state hazmat team having jurisdiction
  2. Law enforcement
  3. Health professionals (EMT’s or ambulance personnel)
  4. 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:
  1. 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.
  2. Sewage overflows are not required to be reported. 
  3. 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 Materials Incident Reporting Program Guidance 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 Materials Incident Reporting Program Guidance Manual
Hazardous Material Incident Report Form

Information Access and Reports
Community Right to Know Information Access 
 
Most of the information collected by the CR2K program is available to the public. The above link allows access to information tools, reports and online searchable databases. 
 
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.
 
Reports:
 
The Oregon Office of State Fire Marshal presents the Community Right to Know 2010 Information Summary. This report summarizes two related areas. 
                                 
1)  Hazardous Substance Storage in Oregon
The information summarized includes data reported to the Office of State Fire Marshal (OSFM) about hazardous substances stored, released, or involved in an emergency incident in Oregon in 2010. 
 
2)  Hazardous Substance Incidents in Oregon
Under the Oregon Community Right to Know and Protection Act, those who respond to an incident involving hazardous substances must report information about that incident to the OSFM. The OSFM currently provides responders with an online incident reporting system called Oregon Fire and EMS BridgeTM. Using information collected in Oregon Fire and EMS BridgeTM, this section of the report presents several snapshot views of hazardous substance incidents in Oregon.
 
Additional reports about hazardous substances or incidents can be obtained by going to the Community Right to Know Information Access page, or by contacting the Community Right to Know Information Assistant at 503-934-8353 or sfm.cr2k@state.or.us.
 

Hazardous Substance Possession Fee
The Oregon Community Right to Know program is funded through the Hazardous Substance Possession Fee which is established in Oregon Revised Statute 453.402. This law requires facilities submitting a Hazardous Substance Information Survey to OSFM to pay a fee based on the substance they reported in highest aggregate (maximum) amount. The fee is calculated using a fee schedule set in OAR 837-090 that is graduated to account for the degree of hazard the billable substance presents.
 
The current hazard rankings set in the fee schedule are:
  • registered chemical (rank 4)
  • minimally hazardous (rank 1)
  • generally hazardous (rank 2)
  • very hazardous (rank 3)
Oregon Administrative Rule for Hazardous Substance Possession Fee 
 
Hazardous Substance Possession Fee Schedule
Planning and Training Assistance
Planning and Training Assistance (PATA) provides planning and training assistance to agencies and organizations throughout Oregon to pre-plan for hazardous materials incidents by:
  1. Educating participants on the hazardous substance information available through the OSFM
  2. Demonstrating how to effectively utilize this information for planning and response purposes
  3. Facilitating the evaluation and validation of existing emergency plans within a community

Page updated: January 31, 2012