justicedao/ipfs_state_laws huggingface dataset:
837-085-0080 Hazardous Substance Report— Required Survey Information (1) A covered employer, owner, or operator must calculate the following for each hazardous substance manufactured, generated, used, stored, possessed or disposed of during the reporting period: (a) Average daily amount; (b) Maximum amount onsite at one time; (c) Maximum amount at each storage location reported; (d) Total amount transported to the facility; (e) Total amount transported from the facility. (2) The amounts of hazardous substances shall be measured in the physical state assumed at "Standard Temperature and Pressure" (STP) or when released into the environment, except that liquefied gases under pressure in a liquid state are determined as a liquid reportable in gallons. (3) The amounts of hazardous substances must be reported in the following units: (a) Solids must be reported in units of pounds; (b) Liquids must be reported in units of gallons; (c) Liquefied gases must be reported in units of gallons; (d) Compressed gases that are not liquefied must be reported in units of cubic feet; (e) Radioactive materials must be reported in units of millicuries. (4) For a mixture, the total amount of the substance is reported regardless of the concentration of the hazardous substance in the mixture. (5) The amounts of a hazardous substance with the same chemical composition in separate containers at one facility shall be added together for reporting purposes. (6) Like substances which are exempted from the Hazardous Substance Possession Fee shall be grouped and reported together. Examples of these groups include, but are not limited to: Gasoline, motor oils, asphalt emulsion, and diesels. (7) Water-based paints with the same major components shall be grouped and reported together. Solvent-based paints with the same major components shall be grouped and reported together. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 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
837-085-0100 Hazardous Substance Report — Substantive Changes (1) A covered employee, owner, or operator must notify the State Fire Marshal whenever a substantive change occurs. This notification must be made within 30 days of the substantive change using methods provided and approved by the State Fire Marshal. (2) The occurrence of any of the following events is a substantive change and must be reported: (a) A covered employer, owner or operator has become exempt from reporting requirements; (b) A covered employer, owner or operator who was previously subject to reporting and became exempt from reporting because they had no reportable quantities now has reportable quantities of hazardous substances on site; (c) A reportable hazardous substance not previously reported is introduced at the facility; (d) An increase in the maximum quantity reporting range to a higher quantity reporting range than previously reported; (e) The reported location of a reportable hazardous substance has changed and it is now located in another building at the same site or it has been moved 300 feet or more from its previously reported location within the same building or it has been moved to a different floor level; (f) A change of mailing or site address has occurred; (g) A change of emergency contact person has occurred; (h) A change of phone numbers has occurred; (i) A change of ownership or business name has occurred; (j) A change of the owner/operator or facility contact email address has occurred; or (k) The facility is no longer in business. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 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 4-1994, f. 12-14-94, cert. ef. 12-15-94 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0110 Record Keeping Requirements (1) A covered employer, owner, or operator must maintain complete and accurate records of each hazardous substance they manufacture, generate, use, store, possess or dispose of: (a) These records must be maintained for a period of three calendar years; (b) Copies of these records must be kept at the facility for which they apply. EXCEPTION: Records for facilities or remote sites where the covered employer, owner or operator is not set up to maintain such records, the records may be maintained at another of their facilities within the state. (c) Hazardous substance records include, but are not limited to: (A) Hazardous Substance Reports; (B) Safety Data Sheets (SDSs); (C) Invoice and purchase records; (D) Receiving and shipping papers; (E) Bills of lading; (F) Production records; (G) Waste/recycling records; (H) Inventory/dispensing records; and (I) Risk Management Plan if facility is required to create one by the Environmental Protection Agency. (2) A covered employer, owner, or operator must maintain copies of Notice of Noncompliance and Proposed/Final Penalty Assessment Orders issued by the State Fire Marshal: (a) Copies of Notice of Noncompliance and Proposed/Final Penalty Assessment Orders must be maintained for a period of five years; (b) These copies must be kept with the covered employer, owner or operator's Hazardous Substance Report. (3) A covered employer, owner, or operator must, upon request, make records information available and provide copies of those records to the State Fire Marshal. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.406 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 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 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0120 Application for an Exemption (1) Any covered employer, owner or operator may apply for an exemption from all or part of the reporting requirements of the Community Right-to-Know and Protection Act and its administrative rules. (2) An application for an exemption must be in writing and contain the following: (a) The name and mailing address of the person making application; (b) The site address and location of the facility; (c) The facility number assigned by the State Fire Marshal; (d) The rule or law, identified by number, from which the exemption is sought; and (e) The basis for the request. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307 - 453.372 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0130 Administrative Action on Exemption Application (1) After an exemption request is determined to be complete and procedurally adequate, as provided in OAR 837-085-0120(2), the State Fire Marshal shall review the request. (2) The State Fire Marshal may conduct an on-site review of the facility involved in the requested exemption. (3) An application for an exemption shall be granted only if the applicant demonstrates and the State Fire Marshal determines that the exemption requested is consistent with all applicable ORSs and OARs. (4) An exemption, if granted, will not be the basis for amending or withdrawing a previously submitted report, Notice of Noncompliance and Proposed/Final Penalty Assessment Order, or hazardous substance fee not under contest. (5) If an exemption is granted, written notification shall be given to the employer, owner or operator specifying the terms of the exemption. (6) Affected applicants may appeal the decision on an exemption application in accordance with OAR 837-085-0330. (7) If an exemption is denied, a written notice of denial shall be issued to the requesting employer, owner or operator. The notice will: (a) Give reasons for the denial; (b) Notify the applicant of their appeal rights. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.307 - 453.372 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0140 Trade Secrets — General (1) A covered employer, owner or operator may request to withhold the specific chemical identity, including the chemical name and other specific identification of a reportable substance, from the Hazardous Substance Information Survey provided that: (a) The claim that the information withheld is a trade secret can be supported with the burden of proof placed on the covered employer, owner or operator; (b) The information required by the State Fire Marshal concerning the properties and effects of reportable substances are disclosed; and (c) The specific chemical identity is made available to health professionals in accordance with OAR 837-085-0170(1) and (2). (2) Any claim of trade secret by a covered employer, owner or operator must be made in conjunction with submitting a Hazardous Substance Report to the State Fire Marshal. (3) A claim of trade secret by a covered employer, owner or operator may be recognized by the State Fire Marshal as sufficient if the claim is substantiated by the Occupational Safety and Health Division of the Department of Consumer and Business Services or the U.S. Environmental Protection Agency. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.327 - 453.337 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0150 Trade Secrets — Claim Submissions (1) To substantiate a trade secret claim, a covered employer, owner or operator must submit both of the following: (a) Hazardous Substance Report with the generic name included and the information being claimed as Trade Secret deleted. NOTE: Only the identity and percentage of the chemical components can be claimed as trade secrets; and (b) A Safety Data Sheet (SDS) (as released to the public) for each chemical or formulation for which the covered employer, owner, or operator is claiming trade secret protection. (2) A covered employer, owner, or operator must submit a justification to support their trade secret claims. In order to substantiate a claim, the following must be provided for each chemical or formulation for which trade secret protection is being requested: (a) The specific measures the covered employer, owner, or operator has taken to safeguard the confidentiality of any chemical identity claimed as trade secret; (b) Whether the chemical identity has been disclosed to any person not an employee of the covered employer, owner, or operator or of a local, state, or federal government entity, who has not signed a confidentiality agreement requiring the person to refrain from disclosing the chemical identity to others; (c) A list of all local, state and federal government entities to which the covered employer has disclosed the specific chemical identity. For each, indicate whether or not a confidentiality claim was asserted for the chemical identity, and whether or not the government entity denied that claim; (d) The measures that have been taken with respect to distribution of the product to maintain trade secrets; (e) Whether discovery of trade secret information is feasible by sophisticated chemical analysis ("reverse engineering"). The covered employer, owner or operator must provide evidence to support their answer; (f) An explanation of why the covered employer, owner or operator's use of the substance would be valuable information to their competitors; (g) An analysis of the nature of the harm to the covered employer, owner or operator's competitive position that would likely result from disclosure of the specific chemical identity, including an estimate of the potential loss in sales and profitability; and (h) Whether the substance, or the covered employer, owner or operator's use of it, is subject to any U.S. patent. If so, identify the patent and explain why this does not protect the covered employer, owner, or operator from competitive harm. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.327 - 453.337 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0160 Trade Secrets — Determinations and Response The State Fire Marshal shall respond in writing to the requesting employer, owner or operator for trade secret protection within 60 days after the request has been received: (1) The response shall advise the requesting employer, owner or operator as to whether or not trade secret protection is granted. (2) The employer, owner or operator will be advised of disclosure requirements if trade secret protection is granted. (3) If trade secret protection is denied, the State Fire Marshal shall provide the employer, owner or operator with the criteria used to make the determination. (4) If trade secret protection is denied, the State Fire Marshal shall state the reasons why. (5) The employer, owner or operator will be advised of the appeal rights. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.327 - 453.337 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0180 Trade Secrets — Refusal to Disclose (1) If the covered employer, owner, or operator denies a written request, submitted in accordance with OAR 837-85-170(2), for disclosure of a specific chemical identity, the denial must: (a) Be provided to the health professional within 30 days of the request; (b) Be in writing; (c) State the specific reasons why the request is being denied; (d) Include evidence to support the claim that the specific chemical identity is a trade secret; and (e) Explain in detail how alternative information may satisfy the specific planning or health need without revealing the specific chemical identity. (2) The health professional whose request for information, as authorized by OAR chapter 837, division 085, is denied may refer the request and the covered employer, owner, or operator's written denial to the State Fire Marshal for consideration. (3) When the health professional refers the denial to the State Fire Marshal, the State Fire Marshal shall consider the evidence to determine if: (a) The covered employer, owner, or operator has supported the claim that the specific chemical identity is a trade secret; (b) The health professional has supported the claim that there is a medical, planning, or health need for the information; and (c) The health professional has demonstrated adequate means to protect the confidentiality. (4) If a covered employer, owner or operator demonstrates to the State Fire Marshal that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of trade secret data, the State Fire Marshal may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the health or planning services are provided without undue risk of harm to the covered employer, owner, or operator. (5) If the State Fire Marshal determines that the specific chemical identity requested under OAR 837-085-0140 is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate need for the information, has executed a written confidentiality agreement and has shown adequate means to protect the confidentiality of the information, the covered employer, owner or operator must provide the requested information. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.327 - 453.337 History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0190 Hazardous Substance Report— Availability of Information (1) The State Fire Marshal shall provide hazardous substance information furnished by a covered employer, owner, or operator to: (a) Each county public health authority; (b) Each local fire district; and (c) Each county emergency manager. (2) Upon request, the State Fire Marshal shall also provide information to the following agencies located in the geographic jurisdiction of the local fire district: (a) Emergency service personnel responding to a hazardous substance incident; (b) Health professionals; (c) Law enforcement agencies; (d) Local emergency management agencies; and (e) Any public or private safety agency administering an emergency telephone system pursuant to ORS 401.710 to 401.790. (3) If the State Fire Marshal considers the information essential to the safe control of an emergency, the State Fire Marshal may distribute the information to persons outside the jurisdiction of the fire district. (4) The State Fire Marshal shall provide, upon request, access to reportable substance information, except for trade secret restrictions identified in OAR 837-085-0140, to any agency of this state. (5) Site specific information regarding the exact amount and the exact storage location of reportable substances provided to the State Fire Marshal shall be treated as confidential: (a) The State Fire Marshal may require written statement of need and a written confidentiality agreement to be executed by the requesting agency prior to the release of confidential information; and (b) During emergency situations, the State Fire Marshal may immediately release confidential information and require requesting agencies to complete a written statement of need as soon as circumstances permit. (6) The public shall be permitted access to hazardous substance information that is not otherwise protected as a trade secret or is designated as confidential under OAR 837-085-0140(1) and ORS 453.332(3) and (4): (a) Public access to Hazardous Substance Information Survey information may be provided through the Department of the State Fire Marshal in Salem; (b) If, in the discretion of the State Fire Marshal, it is necessary to protect the public safety and welfare, the State Fire Marshal may require a person requesting information to complete an approved form which includes their name, address and proof of identity. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.322 History: OSFM 31-2023, minor correction filed 07/03/2023, effective 07/03/2023 OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 9-2002, f. 11-14-02, cert. ef. 11-17-02 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0200 Compliance Audit Program — General (1) The State Fire Marshal shall provide a compliance audit program to assist and ensure a covered employer, owner, or operator complies with the statutes, regulations, rules, standards or orders of the Community Right-to-Know and Protection Act. (2) The compliance audit program shall include, but is not limited to: (a) Providing training, guidance and assistance to a covered employer, owner, or operator and the community; (b) Evaluating and auditing facilities where hazardous substances are likely to be manufactured, generated, used, stored, possessed, or disposed of; (c) Issuing Notice of Noncompliance and Proposed/Final Penalty Assessment Orders for noncompliance with the Community Right-to-Know and Protection Act and administrative rules; (d) Issuing correction orders; (e) Assessing civil monetary penalties for noncompliance; (f) Holding informal conferences with a covered employer, owner, or operator or their representatives to discuss notices of noncompliance, penalty assessments, reporting requirements or correction orders without limiting or extending their appeal rights; (g) Granting or denying requests for extensions of the time set by correction orders; and (h) Examining and auditing a covered employer, owner, or operator's hazardous substance information records. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(8) History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0210 Scheduling and Selection of Compliance Audits (1) Compliance audits may be conducted when the State Fire Marshal deems it necessary to confirm or validate Hazardous Substance Information Surveys or Hazardous Substance Reports. (2) The reasons the State Fire Marshal would deem it necessary to conduct an audit include, but are not limited to, the following: (a) A covered employer, owner or operator fails to submit their survey or report; (b) A review of survey or report records show reporting errors may have been made; (c) Information is received that indicates reporting errors may have been made; (d) A covered employer, owner or operator requests an audit be conducted; (e) A North American Industry Classification System code review indicates misreporting may exist; (f) To verify survey or report information. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(7) History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 OSFM 5-2005, f. 3-31-05, cert. ef. 4-1-05 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0220 Right of Entry (1) In accordance with ORS 453.317(8), a compliance auditor has the right to enter and audit any facility of a covered employer, owner or operator during normal working hours or at other reasonable times. (2) If the covered employer, owner or operator or their representative are not present at the facility, an audit will not be conducted, except when: (a) Executing an inspection warrant; (b) The covered employer, owner or operator has been notified that the audit is to be conducted. (3) Compliance auditors will identify themselves as representatives of the State Fire Marshal and, as necessary, present their credentials to the covered employer, owner or operator or their representative to establish the right of entry. (4) The compliance auditor will not sign any form of liability release or agree to waive any rights of the agency. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(7) History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0230 Compliance Audit Warrants If a compliance auditor is denied entry, the State Fire Marshal may obtain an inspection warrant, as provided for in ORS 476.155. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(8) History: OSFM 1-2019, amend filed 01/02/2019, effective 01/02/2019 OSFM 1-2010, f. 1-27-10, cert. ef. 2-1-10 FM 1-1994, f. & cert. ef. 1-14-94
837-085-0240 Compliance Audit Activities During a compliance audit, the compliance auditor is authorized, but not limited to, the following activities: (1) Conduct an audit without unreasonably disrupting operations in the facility; (2) Conduct a physical audit of the facility and all of its operations; (3) Examine and obtain copies of hazardous substance information records; (4) Inform the covered employer, owner or operator of reporting errors; and (5) Conduct interviews and receive information from anyone in the facility. Statutory/Other Authority: ORS 453.367 Statutes/Other Implemented: ORS 453.317(8) History: FM 1-1994, f. & cert. ef. 1-14-94