837-085-0040 Definitions (1) "Act" means the Community Right-to-Know and Protection Act, ORS 453.307 to 453.414. (2) “Agricultural facility” means a facility where the only operations conducted are the cultivation or breeding of animals or plants to provide food, fiber, medicinal plants and other products to sustain and enhance life. “Agricultural facility” does not include facilities such as packing plants, canneries, and mills where harvested animals or plants are processed for consumption or use. (3) "Appeal" means the written request for a contested case in order dispute administrative action or civil penalty proposed by the State Fire Marshal or the outcome of a fee review request. (4) "Approved Form" means a form provided by or authorized by the State Fire Marshal. (5) "Audit" means the evaluation of a covered employer, owner, or operator to determine their level of compliance with the Oregon Community Right-to-Know and Protection Act. (6) “Average Daily Amount” means the average amount of a hazardous substance present at a facility during the twelve-month survey period. (7) "Chemical" means any element, chemical compound, or mixture of elements or compounds. (8) "Chemical Name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service’s (CAS) rules of nomenclature. (9) "Compliance Auditor" means a designee of the State Fire Marshal whose responsibility is to conduct audits, identify noncompliance issues, propose penalties, establish correction dates and assist a covered employer, owner, or operator in complying with ORS 453.307 to 453.414. (10) "Compliance Date” or “Due Date" means the date set for submitting a Hazardous Substance Information Survey, Hazardous Substance Report, substantive change or other information requested by the State Fire Marshal. (11) "Compressed Gas" means: (a) A gas or mixture of gases, in a container, having an absolute pressure exceeding 40 psi at 70° F (21.1° C); or (b) A gas or mixture of gases, in a container, having an absolute pressure exceeding 104 psi at 130° F (54.4° C) regardless of the pressure at 70° F (21.1° C); or (c) A liquid having a vapor pressure exceeding 40 psi at 100° F (37.8°C) as determined by ASTM D-323-72, Test Method of Vapor Pressure of Petroleum Products (Reid Method). (12) "Confidential" means information submitted to a public body in confidence pursuant to ORS 192.355. (13) "Confidentiality Agreement" means a written agreement between a covered employer, owner or operator and an entity authorized under ORS 453.337 and OAR chapter 837, division 85 to request and receive trade secret information. (14) "Correction Order" means a written order that directs covered employer, owner or operator to submit a Hazardous Substance Report. (15) "Covered Employer, Owner or Operator" means: (a) Any person operating a facility possessing a reportable quantity of a hazardous substance. (b) Any person operating a facility that the State Fire Marshal believes has the potential to store, generate, use, or otherwise possess a hazardous substance in a reportable quantity. (16) "Division" means chapter 837, division 85 of the State Fire Marshal’s administrative rules. (17) "Emergency" means any human caused or natural event or circumstance causing or threatening loss of life, injury to person or property, human suffering or financial loss which includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills of oil or other substances, contamination, utility or transportation accidents, disease, blight, infestation, civil disturbance, riot, sabotage/war. (18) "Emergency Services" means those activities provided by state or local government agencies with emergency operational responsibilities to prepare for or carry out any activity to prevent, minimize, respond to or recover from an emergency. Without limitation, these activities include coordination, preplanning, training, interagency liaison, firefighting, hazardous substance management, law enforcement, medical, health or sanitation services, engineering or public works, search and rescue activities, public information, damage assessment, administration and fiscal management. (19) "Emergency Service Agency" means an organization, which performs essential services for the public's benefit prior to, during, or following an emergency. This includes, but is not limited to, organizational units within local governments, such as emergency medical technicians, health, medical or sanitation services, public works or engineering, public information or communications. (20) "Entity" means any individual trust, firm, association, corporation, partnership, joint stock company, joint venture, public or municipal corporation, commission, political subdivision, the state or any agency or commission thereof, interstate body, or the federal government or any agency thereof. (21) "Exempted Substance" means a substance that is not required to be reported. (22) "Exemption" means the written authority given to a person by the State Fire Marshal, granting an exemption from the requirements of a rule or law. (23) "Explosive" means a hazardous substance classified as an explosive by the U.S. Department of Transportation. (24) "Extension" means the written authorization of the State Fire Marshal to extend a compliance or due date. (25) "Facility" means all buildings, equipment structures or other stationary items that are located on a single site or on contiguous or adjacent sites that are owned or operated by a covered employer, owner or operator. (26) "Facility Representative" means any individual designated by covered employer, owner or operator to serve as spokesperson or, in the absence of a designated spokesperson, the person in charge of a facility being audited. (27) "Filed" means the receipt of a document by the State Fire Marshal, except that an appeal will be considered filed upon receipt at any regional office of the State Fire Marshal. (28) "Fire District" means any agency having responsibility for providing fire protection services. (29) "Fixed Facility" means a facility having permanent or non-mobile operations. (30) "Hazard Classification" means the physical and health hazards as codified in 40 CFR part 370.66, and the following U.S. Department of Transportation hazard classes: explosive, poisonous material, poisonous gas, radioactive material, etiologic material. (31) "Hazardous Substance" means: (a) Any substance designated as hazardous by the Director of the Department of Consumer and Business Services or by the State Fire Marshal; or (b) Any substance required to have a Safety Data Sheet (SDS) pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, and which appears on the list of Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment by the American Conference of Governmental Industrial Hygienist (ACGIH); or (c) Any substance required to have an SDS pursuant to Oregon Occupational Safety and Health Division's OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, except: (A) Substances exempted by designation of the State Fire Marshal; or (B) Substances which are solids and do not react or dissolve and are stored in unprotected areas; or (C) Substances exempted by the rules of OAR chapter 837, division 085; or (D) Gases intended and used for human or animal ingestion or inhalation either directly or added to a product, if the gas is present at the site where ingestion or inhalation occurs; and the gas is not being used in a manufacturing process; and the gas is not a cryogenic; and the gas is not being stored at the site in a quantity that exceeds 1,000 cubic feet. (d) Any substance for which a manufacturer is required to develop an SDS, that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or (e) Any waste substance that presents a physical or health hazard to emergency response personnel or the public under normal conditions of use or during an emergency situation; or (f) Any radioactive waste or radioactive material as defined in ORS 469.300(19) and radioactive substance as defined in 453.005 ; or (g) Any substance for which an actual or potential physical or health hazard is identified on the manufacturer’s SDS. (32) "Hazardous Substance Information Survey" means a document, letter or query sent to a covered employer, owner, or operator requiring them to report to the State Fire Marshal whether they possess a reportable hazardous substance . (33 ) “Hazardous Substance Report” means an annual, revised, or updated report provided on a form approved by the State Fire Marshal containing information required by the Community Right to Know and Protection Act or its administrative rules. (34)"Health Professional" has the same meaning as used in ORS 453.307. (35) “Highly Toxic Material” means a material which produces a lethal dose or lethal concentration which falls within any of the following categories: (a) A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each; (b) A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between two and three kilograms each; (c) A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or two milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within one hour) to albino rats weighing between 200 and 300 grams each; (d) Mixture of these materials with ordinary materials, such as water, may not warrant a classification of highly toxic. While this system is basically simple in application, any hazard evaluation which is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons. (36) "Identity" means any chemical or common name that is indicated: (a) On a Safety Data Sheet (SDS) as required under OAR 437, division 2 (CFR 1910.1200), subdivision Z; or (b) On shipping documents as required under 49 CFR 171-177 under the Transportation Safety Act of 1974 (49 U.S.C. 1801 et seq.); or (c) On hazardous waste manifests as required by OAR chapter 340, division 102 as adopted by the Department of Environmental Quality; or (d) On packaging or container labels as required under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) and labeling regulations issued under the Act by the Environmental Protection Agency; or (e) On a radioactive material license as issued under OAR chapter 333, divisions 100 through 113 as adopted by the Radiation Control Section of the Health Division of the Oregon Department of Human Resources. (37) "Incident" means the threatened or actual injury or damage to a human, wildlife, domestic animal or the environment, or any property loss resulting from a hazardous substance release. (38) "Law Enforcement Agency" means county sheriff departments, municipal police departments, state police, other police agencies of this or other states or law enforcement agencies of the federal government. (39) "Liquefied Gas" means a gas that is received and stored as a liquid through the use of pressure or temperature. (40) “Maximum Amount” means the largest amount of a hazardous substance located at a facility at any one time during the 12-month reporting period. (41) “North American Industry Classification System” means a system developed by the Office of Management and Budget for the purpose of classifying establishments by the type of activity they engage in. The number assigned to each group classified is called the NAICS code. (42) "No Longer Reportable" means a previously reported substance was not on site in a reportable quantity during the current reporting period. (43) "Noncompliance" means failure of a covered employer, owner or operator to comply with the Community Right-to-Know and Protection Act or its administrative rules. (44) "Noncompliance Classification" means the category assigned to issues of noncompliance for the purposes of assessing a penalty. (45) "Notice of Noncompliance and Proposed/Final Penalty Assessment Order" means a written document issued to a covered employer, owner, or operator that states they were not complying with the Community Right-to-Know and Protection Act, establishes correction dates and notifies them of penalty assessments. (46) "Person" means any entity including, but not limited to, an individual, trust, firm, joint stock company, corporation, partnership, association, municipal corporation, political subdivision, interstate body, the state or any agency or commission thereof, or the federal government or any agency thereof. (47) “Product Name” means any designation or identification such as code name, code number, trade name, brand name, or generic name as provided on the Safety Data Sheet used to identify a substance. (48) "Record" means any recorded information. (49) “Repeat Noncompliance” means a covered employer, owner and or operator has failed to comply with the same rule of OAR 837-085 two or more times within a five year period of time. (50) "Reportable Hazardous Substance" is a hazardous substance that is manufactured, generated, used, stored, possessed, or disposed of at a fixed site location by a covered employer, owner, or operator at or above the reportable quantities for more than 24 consecutive hours. (51) “Reporting Period” means the calendar year immediately preceding the date for which the Hazardous Substance Report Annual is due. (52) "Reportable Quantity" means the amount of a hazardous substance that must be present at a facility before reporting is required. (53) "Reporting Range" means a range of quantities assigned by the State Fire Marshal for reporting hazardous substances. (54) “Retail Gasoline Station” means a retail facility engaged in selling gasoline and/or diesel fuel principally to the public, for motor vehicle use on land. (55) “Revision” means the notification to the State Fire Marshal of the correction of a previously submitted Hazardous Substance Report. (56) “Safety Data Sheet” (SDS) means written, printed or electronic material concerning a hazardous chemical or mixture which is prepared in accordance with OAR 437, division 2 (29 CFR 1910.1200), subdivision Z, Hazard Communication rules of the Occupational Safety and Health Division of the Department of Consumer and Business Services. (57 ) “Site” means a legally defined area of ground under control by a covered employer, owner or operator. A “site” may include a railroad siding and associated buildings or structures, but it does not include mainline railroads or public roadways. (58) "Source Generation Sites" means facilities generating that which is relayed, pumped or stored by substations. (59) "State Fire Marshal" means the State Fire Marshal or designee. (60) "Substantive Change" means a change in hazardous substance reporting information that requires notification to the State Fire Marshal. (61) "Substation" means facilities that function only as electrical transmission relays, telephone transmission relays, pager transmission relays, cable TV transmission relays, cellular phone transmission relays, radar transmission relays, water storage reservoir, water pump or chlorinating stations, sewerage/storm water pump stations, natural gas pump stations or road sand storage. (62) "Temporary Worksite" means a single site location where activities, such as construction or logging, will occur for less than 24 consecutive months. (63) "Trade Name" means the brand name or trademark given to a hazardous substance by a manufacturer or distributor. (64) "Trade Secret" means, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented; which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service or to locate minerals or other substances having commercial value; and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (65) “Total Amount Transported from the facility” means the total amount of a hazardous substance that has been transported from the facility site during the reporting period. (66) “Total Amount Transported to the facility” means the total amount of a hazardous substance that has been transported on to the facility site during the reporting period. ( 67) “Update” means the notification to the State Fire Marshal of a substantive change. (68) "Waste Hazardous Substance" means any substance, which meets the Department of Environmental Quality's definition of "hazardous waste". [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.357 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2014, f. & cert. ef. 1-9-14 OSFM 5-2013, f. & cert. ef. 6-26-13 OSFM 1-2013, f. 1-24-13, cert. ef. 2-1-13 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 OSFM 1-1999, f. 2-2-99 & cert. ef. 2-3-99 FM 1-1994, f. & cert. ef. 1-14-94