Oregon Railroad Hazardous Materials Transportation Rules

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_741/741_510.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

RAIL DIVISION





 

DIVISION 510
OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES

741-510-0010
General Provisions and Definitions
(1) OAR 741-510-0010 through 741-510-0050
and 741-520-0010 through 741-520-0020, which shall be known as the Oregon Railroad
Hazardous Materials Transportation Rules, are adopted under authority of ORS 824.080
through 824.092.
(2) “Emergency Response
Agency” means county or local jurisdictions, and tribal, state and federal
agencies, with a responsibility to conduct first response or support emergency operations
and clean-up.
(3) “Hazard Class”
means the category of hazard assigned to a hazardous material under the definitional
criteria in 49 CFR Part 173 and as listed in the hazardous material table in 49
CFR 172.101, in effect on the date this rule is filed with the Secretary of State
(anticipated June 18, 2015).
(4) “Hazardous Material”
means any hazardous material or hazardous substance defined in Title 49 CFR 171.8,
as adopted in OAR 741-510-0015 pursuant to ORS 824.086(1) in effect on the date
this rule is filed with the Secretary of State (anticipated June 18, 2015).
(5) “Incident”
means any situation where a release of a Hazardous Material occurs, involving fire,
breakage, spillage, or derailment.
(6) “Line Segment”
means a length of rail line over which a Hazardous Material is transported between
two or more stations within the state that are identified on a current railroad
timetable. A Line Segment will terminate at the nearest station where an alternate
route exists.
(7) “Rail Division”
means the Rail and Public Transit Division of the Oregon Department of Transportation.
(8) “Railroad Emergency
Response Telephone Number” means a telephone number that is answered at all
times by a person who is able to provide detailed information regarding specific
Incidents involving Hazardous Materials on the railroad, or has immediate access
to a person who possesses such knowledge and information. A telephone number that
requires a call back (such as an answering service, answering machine, or beeper
devise) does not meet the requirements of this definition.
(9) “Timetable”
means a publication containing instructions relating to the movement of trains or
equipment and other essential information for purposes of railroad operations.
(10) “UN or NA Identification
Number” means the 4-digit number assigned to the proper shipping name of a
Hazardous Material as referenced in 49 CFR 172.101. “UN” numbers are
assigned by the United Nations and are preceded by “UN”. “NA”
(North American) numbers are identical to UN numbers, except that some substances
without a UN number may have an NA number. These identification numbers provide
a common reference for hazard information and general emergency response procedures
for Hazardous Materials in transportation.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: PUC 1-1979, f. &
ef. 3-5-79 (Order No. 79-145); PUC 5-1984, f. & ef. 3-6-84 (Order No. 84-164);
PUC 6-1985, f. & ef. 6-5-85 (Order No. 85-496); PUC 20-1986, f. & ef. 12-30-86
(Order No. 86-1330); PUC 4-1989, f. & cert. ef. 4-11-89 (Order No. 89-444);
PUC 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); PUC 6-1992, f. & cert.
ef. 2-26-92 (Order No. 92-292); PUC 10-1993, f. & cert. ef. 6-3-93 (Order No.
93-693 & 93-761); PUC 6-1994, f. & cert. ef. 3-28-94 (Oder No. 94-525);
PUC 6-1995, f. & cert. ef. 7-13-95 (Order No. 95-562); RS 2-1996, f. & cert.
ef. 3-14-96; Renumbered from 860-046-0500; RS 3-1996, f. 3-20-96, cert. ef. 4-1-96;
RS 1-1997, f. & cert. ef. 6-27-97; RD 1-2015, f. & cert. ef. 9-3-15; RD
2-2015, f. & cert. ef. 9-14-15
741-510-0015
Adoption of Federal Regulations
The Department of Transportation adopts
the rules of the United States Department of Transportation in effect on the date
this rule is filed with the Secretary of State (anticipated June 18, 2015) in Title
49, Code of Federal Regulations, Parts 107 through 180, Hazardous Materials Regulations,
insofar as those rules apply to railroads and railroad shippers.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0020
Railroad Reporting Information
There are different entities involved
in the transportation of Hazardous Materials by rail and response to any associated
Incidents. Information sharing ensures emergency responders have information to
guide preparedness efforts and effective response actions.
(1) Each railroad transporting
Hazardous Materials in this state shall provide by electronic mail to the Rail Division,
the following information for each rail line it operates in the state:
(a) Current railroad Timetable;
(b) The name, address, and
telephone number of the railroad’s person in charge of education and training
related to Hazardous Material transportation;
(c) The Railroad Emergency
Response Telephone Number for obtaining information about train contents, including
the type, quantity and placement of Hazardous Material cars within the train.
(2) Each railroad shall provide
updated information required in 741-510-0020(a) through (c) to the Rail Division
no later than the last day of the month following the month the change was made.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: PUC 1-1979, f. &
ef. 3-5-79 (Order No. 79-145); PUC 5-1984, f. & ef. 3-6-84 (Order No. 84-164);
PUC 6-1985, f. & ef. 6-5-85 (Order No. 85-496); PUC 1-1991, f. & cert. ef.
1-11-91 (Order No. 91-20); PUC 6-1992, f. & cert. ef. 2-26-92 (Order No. 92-292);
PUC 6-1995, f. & cert. ef. 7-13-95 (Order No. 95-562); RS 2-1996, f. & cert.
ef. 3-14-96; Renumbered from 860-046-0510; RS 1-1997, f. & cert. ef. 6-27-97;
RD 1-2015, f. & cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0025
Quarterly Reporting of Hazardous
Material Transportation
(1) Each railroad transporting Hazardous
Materials, if any part of such transportation takes place within this state, shall
provide a report via electronic mail to the Rail Division, for each quarter in which
Hazardous Materials are transported. The quarterly report shall be made by the reporting
railroad no later than the last day of the month following the quarter in which
transportation of the Hazardous Material shipment ends, or the Hazardous Material
shipment leaves the state.
(2) The quarterly report
shall segregate the reportable data by month. The quarterly report shall include:
(a) The name, UN or NA Identification
Number and Hazard Class of the Hazardous Material transported;
(b) The number of loaded
rail cars and residue rail cars used to transport the Hazardous Material, including
any intermodal trailers, containers, and tank containers required to be marked with
the UN or NA Identification Number of the Hazardous Material;
(c) The railroad Line Segments
in the state over which the Hazardous Material was transported.
(3) The Rail Division shall
prepare an annual report based on the quarterly reports submitted by each railroad.
(4) The Rail Division shall
make the information provided in the quarterly and annual reports available to Emergency
Response Agencies.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0027
Public Disclosure of Reporting Hazardous
Material Transportation
(1) Pursuant to ORS 824.082 and 824.086,
the Rail Division shall make accessible to the general public, information reported
quarterly, required by section (1) through (4) of OAR 741-510-0025. Disclosure
of the reports will be subject to public records disclosure laws and will require
a public records request.
(2) ORS 192.501 and 192.502
provide that certain records (i.e., trade secrets) are exempt from disclosure under
192.410 to 192.050 unless the public interest requires disclosure in a particular
instance. Persons required to provide information under these rules may request
that the Rail Division treat some or all of their information as exempt from public
disclosure by:
(a) Making the claim in writing
at the time the required information is provided to the Rail Division, and;
(b) Providing any written
documentation or analysis that supports the claim of exemption from public disclosure
at the time the required information is provided to the Rail Division.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0035
Immediate Access to Train Information
for Emergency Response Agencies
Each railroad transporting Hazardous
Materials, if any part of such transportation takes place within this state, shall
ensure that Emergency Response Agencies responding to an Incident on the transporting
railroad’s lines have immediate telephonic and/or electronic access to information
about train contents, including the type, quantity and placement of Hazardous Material
cars within the train.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0045
Notice of Incidents
Emergency Response Agencies require
immediate notification of Incidents to mobilize responders and equipment and initiate
alerts to the impacted public to protect lives, property and the environment, and
ensure timely and effective response.
(1) In the event of an Incident
that in the judgment of the railroad requires fire, police, or medical response,
the railroad shall immediately notify 9-1-1.
(2) Not withstanding any
other requirement of Oregon law, each railroad shall notify the Oregon Emergency
Response System (OERS) immediately by telephone or similar means of communication
of any Incident. Notification to OERS is not a substitute to calling 9-1-1 for an
Incident that requires fire, police, or medical response.
(3) Notifications required
in (1) and (2) of this section shall be considered immediate if made as soon as
possible following the Incident.
(4) The notifications required
of an Incident to OERS will at a minimum, include:
(a) Name and phone number
of the person making the notification;
(b) Name of the operating
railroad reporting the Incident;
(c) Name and phone number
of the railroad contact person who is able to provide updated Incident information;
(d) Date and time of the
Incident;
(e) Location of the Incident
by railroad milepost and nearest city or town;
(f) Type of Incident and
nature of Hazardous Material involvement;
(g) Estimated number of Hazardous
Material rail cars involved.
(5) Upon request, railroads
shall provide the following information to Emergency Response Agencies through the
Railroad Emergency Response Telephone Number:
(a) Location of the Incident
by latitude/longitude;
(b) Whether a continuing
danger to life exists at the scene;
(c) Actions taken, such as
containment, shelter-in-place, or evacuation;
(d) The extent of any known
injuries;
(e) Hazard Class, proper
shipping name, and the quantity of Hazardous Materials involved and released;
(f) The car reporting marks
for any rail car involved in the release or suspected release of a Hazardous Material;
(6) OERS will notify appropriate
state agencies following their adopted protocols.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15
741-510-0050
Civil Penalties
(1) Pursuant to ORS 824.990(1) and (2),
(a) Any railroad that fails
to submit the information required by OAR 741-510-0020 shall incur a civil penalty
of $1000 for each day of non-compliance.
(b) Any railroad that fails
to make the quarterly notification required by OAR 741-510-0025 shall incur a civil
penalty of $1000 for each day of non-compliance.
(c) Any railroad that fails
to provide Emergency Response Agencies with immediate access to Hazardous Material
information as required by OAR 741-510-0035 shall incur a civil penalty of $1000
for each incident.
(d) Any railroad that fails
to provide the notice of a reportable Incident to Oregon Emergency Response System
(OERS) required in OAR 741-510-0045(2) shall incur a civil penalty of $1000 for
each unreported incident.
(2) The Oregon Department
of Transportation may reduce any penalty provided for in this section on such terms
as the department considers proper if the defendant admits the violations alleged
in the notice and makes timely request to the department for reduction of the penalty.
(3) Civil penalties imposed
under this section shall be imposed in the manner provided in ORS 183.745.
Stat. Auth.: ORS 184.616, 184.619, 823.011,
823.061, 824.086
Stats. Implemented: ORS 824.080
- 824.092
Hist.: RD 1-2015, f. &
cert. ef. 9-3-15; RD 2-2015, f. & cert. ef. 9-14-15

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