OREGON RAILROAD HAZARDOUS MATERIALS TRANSPORTATION RULES
General Provisions and Definitions
(1) OAR 741-510-0010 through 741-510-0040 and OAR 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, and ORS 469.605(6).
(2) "Director" means the Director of Oregon Emergency Management of the Department of State Police.
(3) Pursuant to ORS 824.086(1), the term "hazardous materials" means any hazardous material or hazardous substance defined in Title 49, CFR, Part 171.8, as adopted in OAR 741-520-0010.
(4) "Incident" means fire, breakage, spillage, derailment, suspected radioactive contamination, or any other situation which in the judgment of the railroad should be reported to any emergency response agency.
(5) "Emergency Response Agency" means a fire department or district and a police or law enforcement agency.
(6) "STCC number" means the first four digits of the Standard Transportation Commodity Code as contained in the Standard Transportation Commodity Code Tariff effective July 14, 1997.
Stat. Auth.: ORS 469.605, ORS 823.011 & ORS 824.090
Stats. Implemented: ORS 824.080 - ORS 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
Advance Notification of Transportation
(1) Pursuant to ORS 824.082, each railroad intending to transport hazardous materials, if any part of such transportation is to take place within this state, shall provide to the Director, the Department of Transportation, and each of its dispatchers, a milepost oriented inventory of each rail line which it owns, leases or operates, which inventory shall include:
(a) The name and long-distance 24-hour telephone number of each emergency response agency empowered to respond to any incident involving hazardous materials along the aforesaid rail lines;
(b) The territorial limits, as defined by railroad mileposts, for each emergency response agency.
(2) Pursuant to ORS 824.082, each railroad intending to transport hazardous materials, if any part of such transportation is to take place within this state, on an annual basis shall provide to each of the emergency response agencies listed in the milepost oriented inventory required by section (1) of this rule the following information:
(a) A list of each type of hazardous material (including STCC number) and quantity (carloads, trailer/container loads), transported through or within the territory of the emergency response agency, including (but not segregating) movements originated and terminated within the territory, during the preceding calendar year;
(b) Changes in publications issued by the U.S. Department of Transportation, Materials Transportation Bureau and by the Association of American Railroads, Bureau of Explosives, which contain a description of the method of properly handling each type of hazardous material transported in case of incident;
(c) The name, address, and telephone number of its person in charge of education and training related to such handling;
(d) Approximate normal operating schedules for trains carrying hazardous materials;
(e) Normal procedures for placement in trains of cars carrying each type of hazardous materials;
(f) Method of obtaining information from the railroad, including the railroad's 24-hour emergency telephone number, in case of incident (including car identification system and method of obtaining information regarding lading in cars where the car numbers are not visible).
(3) The deadline for filing the annual written information required by section (2) of this rule shall be March 1 of each year. Effective with the filing date due on March 1, 1984, the information provided pursuant to subsection (2)(a) of this rule shall be furnished in the format depicted in Figure 1. Estimates of the quantities of hazardous materials transported during the preceding year shall be deemed sufficient to comply with the provisions of subsection (2)(a) of this rule, except that the filing due on March 1, 1985, and in each fifth year thereafter, shall contain actual and complete tabulations of the information required by subsection (2)(a) of this rule.
(4) On an annual basis, each railroad shall make a written request to each emergency response agency listed in the milepost-oriented inventory required by section (1) of this rule for verification of the information listed therein regarding the 24-hour long distance emergency telephone number and the geographical limits of said agency as described by railroad milepost numbers.
(5) Pursuant to ORS 824.082, each railroad intending to transport hazardous materials for which an "Explosives A/Explosive 1.1, 1.2" or a "Poison Gas/2.3, 6.1 PG I, Hazard Zone A" placard is required, if any part of such transportation is to take place within this state, shall provide advance telephonic notification to the Director. The notification shall include, at a minimum, the following information as applicable:
(a) Name of hazardous material(s) to be transported;
(b) Quantity thereof;
(c) Complete identification of the railroad equipment in or on which the material is being shipped, including car identification numbers, car types and identification of any trailer or container equipment involved;
(d) Name or identification number of each train handling hazardous materials;
(e) The point within the state at which transportation by the reporting railroad will begin;
(f) The point within the state at which transportation by the reporting railroad will end or where the materials will leave the state;
(g) Estimated time of the beginning of such movement; and
(h) Estimated time for completion of the movement within the state by the reporting railroad.
[ED. NOTE: The Figure referenced in this rule is not printed in the OAR Compilation. Copies are available from agency.]
Stat. Auth.: ORS 469.605, ORS 823.011 & ORS 823.061
Stats. Implemented: ORS 824.082 & ORS 824.086
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
(1) To insure that train crew members have the ability to communicate with each other and with the train dispatcher while transporting hazardous materials within this state, the radio transmitter-receivers with which the train is equipped pursuant to ORS 824.088 shall each be capable of transmitting and receiving voice messages on the same wave lengths as the transmitter-receivers at the office of the dispatcher in charge of the train involved.
(2) At least one radio transmitter-receiver in good working order shall be located in the leading locomotive and one in the occupied caboose, if any.
(3) Trains which are operated without an occupied caboose shall be equipped with one radio transmitter-receiver in the lead locomotive and at least one radio handset, both in good working order.
Stat. Auth.: ORS 183.335, ORS 824.090, ORS 825.210, ORS 825.252, ORS 825.258 & ORS 825.260
Stats. Implemented: ORS 824.088
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 6-1994, f. & cert. ef. 3-28-94 (Order No. 94-525); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-046-0520
Inspection of Rail Cars
(1) As part of its implementation of the visual inspection requirement of ORS 824.084, each railroad shall issue specific written instructions to its operating employees, directing that the required inspections, if no car man is on duty, shall be made by a member of the train or switch crew at each yard or station where the affected rail cars are to be picked up, set out, or where a movement of a train containing affected rail cars terminates or originates. Said instructions shall further specify that the person making the inspection shall ascertain whether there is any evidence or signs of leakage or other loss or change of contents from any affected rail cars and whether there are any obvious defects in the running gear of any affected rail cars. Said instructions shall further specify that the dispatcher shall be immediately notified of all problems observed which are not promptly corrected.
(2) Each railroad shall provide the written instructions required by section (1) of this rule within 30 days from the effective date of this rule. Said instructions shall be reissued by general distribution to operating employees at least once annually.
Stat. Auth.: ORS 183, ORS 469, ORS 823, ORS 824 & ORS 825
Stats. Implemented: ORS 824.084
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 1-1991, f. & cert. ef. 1-11-91 (Order No. 91-20); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-046-0530